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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
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