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77.260 Standards prescribed for granting variances.
(1)
(2)
If the hearing board finds that because of conditions beyond control compliance
with KRS 77.150 to 77.175 or with any rule, regulation, or order of the air pollution
control board will result in an arbitrary and unreasonable taking of property or in the
practical closing and elimination of any lawful business, occupation or activity, in
either case without a sufficient corresponding benefit or advantage to the people in
the reduction of air contamination, it shall prescribe other and different
requirements not more onerous applicable to plants and equipment operated either
by named classes of industries or persons, or to the operation of separate persons;
provided, however, that no variance may permit or authorize the maintenance of a
nuisance.
In determining under what conditions and to what extent a variance from said
requirements is necessary and will be permitted, the hearing board shall exercise a
wide discretion in weighing the equities involved and the advantages and
disadvantages to the residents of the district and to any lawful business, occupation
or activity involved, resulting from requiring compliance with said requirements or
resulting from granting a variance.
Effective: March 14, 1952
History: Created 1952 Ky. Acts ch. 53, secs. 66 and 67, effective March 14, 1952.
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