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NONCONFORMING LOTS, STRUCTURES AND USES
It is the intent of this chapter to permit nonconforming lots, structures and/or uses to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, extended or be used as grounds for adding structures or uses prohibited elsewhere in the same district.
(Ord. passed 1-11-2005)
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and permitted accessory uses, including manufactured and certified mobile homes as permitted in §§ 154.145 through 154.150, may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(B) This provision shall apply even though such lot fails to meet the requirements for area and width or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment.
(Ord. passed 1-11-2005)
Nonconforming structures and uses shall be allowed to continue to exist as per KRS 100.253 as follows.
(A) The lawful use of a building or premises, existing at the time of adoption of any zoning regulations affecting it may be continued, although such use does not conform to the provisions of such regulations.
(B) The Board of Adjustment shall not allow the enlargement or extension of a nonconforming use beyond the scope and area of its operation at the time the regulation which makes its use nonconforming was adopted, nor shall the Board permit a change from one nonconforming use to another unless the new nonconforming is in the same or in a more restrictive classification.
(Ord. passed 1-11-2005)
(A) Work may be done on ordinary repair and maintenance, or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition a building or other structure in accordance with the order of an appropriate public agency which declares such building or other structure to be unsafe and orders its restoration to a safe condition.
(Ord. passed 1-11-2005)
ESTABLISHMENT OF DISTRICTS
No land shall be used or occupied and no structure shall be erected, altered, used or occupied except for the principal uses permitted for each of the four zoning districts created by this chapter together with lawfully permitted conditional uses and/or accessory uses as listed in the following sections of this chapter.
(Ord. passed 1-11-2005) Penalty, see § 154.999
(A) The official county zoning map shall be identified by the signature of the County Judge/Executive, attested by the County Clerk and bear the seal of the county under the following words:
“This is to certify that this is the county zoning map referred to § 154.076 of the county zoning ordinance adopted by Lincoln County Fiscal Court.”
(B) No changes shall be made in the county zoning map except in conformity with the procedures set forth in this chapter.
(C) If the county zoning map becomes damaged, destroyed, lost or difficult to interpret, the Fiscal Court, as appropriate, may, by resolution, adopt a new county zoning map.
(1) The new map may correct original drafting errors or other errors or omissions but the corrections shall not be in effect amendments of the original map, including amendments thereto.
(2) A replacement map shall also contain the following additional words:
“This map supersedes and replaces the county zoning map adopted (date of adoption of the map being replaced).”
(Ord. passed 1-11-2005) Penalty, see § 154.999
(A) Boundaries of districts established under provisions of this chapter are shown on the county zoning map on file in the office of the County Clerk, Stanford, Kentucky.
(B) Boundaries of districts shown on the county zoning map shall be interpreted as follows.
(1) Boundaries indicated as approximately following the centerlines of streets, highways, alleys, railroad tracks shall be construed to follow such lines.
(2) Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
(3) Boundaries indicated as approximately following county boundaries shall be construed as following such corporation or county line.
(4) Boundaries indicated as approximately following shore lines shall be construed to follow such shore lines, and in the event of a change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines.
(5) Boundaries indicated as parallel to or extensions of features indicated in divisions (B)(1) through (B)(4) above, shall be so construed. Distances shall be determined by the scale of the county zoning map unless specifically shown on the map.
(C) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by (B)(1) through (B)(5) above concerning the exact location of any district boundary line or portion thereof, the location of such district boundary or portion thereof shall be determined by the Board of Adjustment.
(D) Where a district boundary line on the county zoning map divides a lot of single ownership which was recorded at the time of enactment of this chapter, the Board of Adjustment may permit the extension of the regulations for either portion of the lot a distance not to exceed 50 feet into the remaining portion of the lot.
(E) Whenever any street, alley, public way or public easement is vacated through legal action, the abutting districts shall be extended, depending on the land to which the vacated lands revert.
(Ord. passed 1-11-2005)
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