A variance is defined as departure from the terms of the zoning regulations pertaining to height or width of structures and size of yard and open spaces where such departure will not be contrary to the public interest or cause any undue hardship. Dimensional requirements may be varied, but density and area requirements cannot. Any development is subject to the minimum requirements for a particular zone. However, a variance may be granted by the Board of Adjustment if specific conditions, not caused by the owner, warrant special consideration. Certain elements sometimes exist that are unique and different from adjacent properties. In these cases, a variance might be justified. Variances are governed by KRS 100.241 - 100.251.
You should meet with Planning Staff to review your proposal and determine whether a variance is needed or if any other reasonable alternatives exist.
If you determine that there are no other reasonable alternatives, you may make an application for a variance to the Board of Adjustment. Your application should include an application plus a site plan designed to the standards listed in the subdivision section pursuant to Section 102-32 of the Paducah Code of Ordinances.
Once your application is returned to the Planning Department, the Planning staff reviews your application and the site plan to determine that all information is accurate. You will be contacted if there is a need to supply additional information. You should be aware that if you cannot make corrections before the Board of Adjustment meeting, your request may be delayed until the problem is resolved.
Legal Notice Publication appears in the Paducah Sun at least 7 days prior to the meeting date. Also, legal notice to all adjacent properties of the proposed variance is mailed by the Planning Department.
The planning staff prepares and delivers packets to the Board of Adjustment members prior to the meeting. The Board of Adjustment then holds the public hearing on your request. The Chairman will call for a motion on the proposal and then ask you to present your request. The Board members will then ask questions and make necessary comments. The Chairman will then solicit comments from the public and from staff. After all comments are heard and questions are asked, the Chairman then calls for a vote. A majority vote is required of the Board for approval of a variance request.
Upon approval, the Planning staff will issue a Certificate of Land Use Restriction from the Board of Adjustment to the applicant as soon as possible after the meeting. This certificate will be recorded at the County Court Clerk's office. You may then apply for a building permit.