(A) The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or use not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which has begun.
(B) Structures deemed nonconforming at the time of adoption of this chapter are permitted to alter or make additions to the original structure provided such additions or alterations receive a conditional use permit as approved by the Board of Zoning Adjustment.
(C) Accessory structures to nonconforming structures are permitted and are subject to the provisions set forth in § 158.039, Accessory Buildings, of the Hopkinsville Code of Ordinances.
(E) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to these regulations.
(F) When a nonconforming use of a structure is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure shall not thereafter be used except in conformity with these regulations.
(G) Nothing in this section shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation (hereinafter “taking”) or the abrogation of vested rights. It shall be the duty and responsibility of any party alleging a taking or abrogation of vested rights to affirmatively demonstrate the legal requisites of a taking or abrogation of vested rights by filing an application with the Planning Commission within 30 days following the accrual of any claim. To establish a taking or abrogation of vested rights, the burden shall be on the applicant to demonstrate that the denial of the application will deny the applicant economical viable use of the property; and, that no variances, alternative uses or other forms of relief are available which could, if approved, afford the applicant economically viable use of the property. Mere diminution in the value of property shall not constitute a temporary or permanent taking of private property.
(Ord. 33-99, passed 11-2-1999)