Skip to code content (skip section selection)
Compare to:
Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Zoning Code
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 8A NOTIFICATION REQUIREMENTS FOR CONSTRUCTION OR DEMOLITION BLASTING OPERATIONS
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Sec. 4-3. - Regulation of non-conforming uses.
A non-conforming use shall be permitted to continue as long as it remains otherwise lawful, and shall be regulated as follows:
(a)   No non-conforming use shall be enlarged or extended; nor may the building it occupies be enlarged, extended or rebuilt so as to occupy a greater area of land than was occupied at the date of the adoption or amendment of this Zoning Ordinance. In addition, it may not be altered in any way that would extend or enlarge either the scope or the area of its operation.
(b)   No non-conforming use shall be moved, in whole or in part, to a new location in the lot or parcel except by appeal to the Board of Adjustment under Section 7-6(c).
(c)   When a non-conforming use is discontinued or abandoned, showing a gross lack of diligence in use for one (1) year or more (except when governmental action prevents such use); or when the use is halted for one (1) year or more because of damage, destruction, or demolition of the structure in which the use is located, the non-conforming use may not be resumed. In addition, once the non-conforming use status is lost, the land and/or structure shall not be used except in conformity with the regulations of the zone and applicable Infill and Redevelopment Area regulations in which it is located.
(d)   When a non-conforming use is replaced by a permitted use, it shall then conform to the regulations for the zone in which it is located, and the non-conforming use may not be resumed.
(e)   Any non-conforming use may be changed to another non-conforming use by appeal to the Board of Adjustment under Section 7-6(c), provided the proposed use is in the same or a more restrictive classification than the previous use. If the use is located in a building, no structural changes may be made to the exterior of the building.
(f)   When a non-conforming use is halted because of damage, destruction or demolition of the structure in which it is located, the structure may be reconstructed or repaired, but not to exceed the number of square feet of floor area nor the number of cubic feet it contained prior to its damage or destruction.
(g)   Any non-conforming use may be extended throughout any parts of a building that were arranged or designed for such use at the date of the adoption or amendment of this Zoning Ordinance; but in no instance shall a non-conforming use be extended to displace a conforming use nor to occupy land outside such building.
(Code 1983, § 4-3; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 129-2009 , § 8, 7-2-2009)