The board shall not possess the power to grant a variance to permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter density requirements in the zone in question.
KRS 100.247
Variance cannot contradict zoning regulation
Known as the Binding Element Enforcement Act
The act spans §§ 100–100 (292 sections).
Applied in 3 court decisions — leading case Bellemeade Company v. Priddle (1974)
Most recently applied in Louisville & Jefferson County Planning Commission v. Schmidt (April 2001)
History: Created 1966 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.