To meet the intent of KRS Chapter 100 in determining non-conforming use and to allow all affected parties fair due process, it is declared that the non-conforming use status for property in the city shall be determined through the following procedures.
(A) Determination of non-conforming use status.
(1) To request a determination of non-conforming use, an application shall be filed with the Department in such form and accompanied by such information necessary to make a determination, which includes, but is not limited to, property ownership, length of operations/occupancy, building design/construction and zoning history.
(2) (a) The Department shall review all pertinent information for the request and make a written determination of the non-conforming use status.
(b) Notice of an administrative determination by the Department will be given in the following manner:
1. Written notice to the applicant and owner, if different from applicant;
2. Written notice to adjoining property owners;
3. Notice to the general public by placing a notice in the local newspaper of largest circulation in the city; and
4. Written notice to the Board of Zoning Adjustment.
(c) Any aggrieved party may appeal the administrative determination to the Board, pursuant to the procedures of KRS 100 and upon a hearing before the Board may submit information into evidence to be considered.
(B) Determination for change in non-conforming use status. To request a determination for a change in use for property with non-conforming use status, an application shall be filed with the Department in such form and accompanied by such information necessary to make a determination. The Department shall review the application for compliance with the submission requirements of the chapter and the policies of the Board. Upon determination that all submission requirements have been met, a public hearing shall be scheduled before the Board. The Board shall review the change in use request through the consideration of the requirements of KRS Chapter 100. Upon determination and final action by the Board, any aggrieved party may appeal the action pursuant to the procedures of KRS Chapter 100.
(Ord. 06-2008, passed 6-16-2008, § 11.6)