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§ 156.121 ABANDONMENT AND DISCONTINUANCE OF NON-CONFORMING SITUATIONS.
   (A)   Lapse of non-conforming designation. Where a structure is non-conforming or where the use of a structure is non-conforming or where the land has non-conforming status, such status shall be forfeited under any of the following circumstances:
      (1)   If the non-conforming land is legally joined under common ownership with other adjoining land so that the entity is conforming;
      (2)   If a non-conforming use of land ceases for a period of twelve (12) consecutive months;
      (3)   If a non-conforming structure is made to conform;
      (4)   If a non-conforming use of a structure or a non-conforming use of a structure and land in combination is discontinued or abandoned for twelve (12) consecutive months. As used herein, the words “discontinued/abandoned” means that one (1) owner or responsible party for the use of the property cannot demonstrate that he or she had clear intent to continue using the property for the non-conforming purpose and that he or she had augmented that intent by making every reasonable effort to continue to have the property so used. Intent can be demonstrated by providing documentation or evidence that:
         (a)   The owner has made reasonable continuous effort to have the property rented or sold for the non-conforming purpose;
         (b)   The property has been vacant as a result of legal proceedings; or
         (c)   The owner, by reason of age or infirmity, was unable to manage or cope with the responsibility of a tenant; or
      (5)   The non-conforming use is changed to a conforming use no matter how short the period of time.
   (B)   Non-conforming lots of record.
      (1)   In any district where a specified use is permitted, permitted buildings and customary accessory structures may be constructed on any single lot of record as defined by this chapter, notwithstanding limitations imposed by other provisions of this chapter.
      (2)   Such lot must be of separate ownership and not of continuous frontage with other lots in the same ownership. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage of this chapter and if all or part of the lots do not meet the requirements established for lot width and lot area, the lands involved shall be considered an undivided parcel for the purpose of this chapter.
   (C)   Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.
(Ord. 2003-06, passed 3-3-03)
§ 156.122 ENLARGEMENTS TO NON-CONFORMING SITUATIONS.
   (A)   Expansion of non-conformity restricted. Except if specifically provided for in this chapter, no person may engage in any activity that causes an increase in the extent of non-conformity in a non-conforming situation. In particular, it shall be unlawful to:
      (1)   Increase the total amount of space devoted to a non-conforming use;
Exception: A non-conforming use may be extended throughout any portion of a completed building that when the use was made non-conforming by this chapter was manifestly designed or arranged to accommodate such use.
      (2)   Increase non-conformity with respect to density restrictions, dimensional requirements, such as but not limited to setbacks and other requirements, such as but not limited to parking.
   (B)   Guidelines for Board of Adjustments. Pursuant to KRS 100.253 and notwithstanding this subchapter, the Board of Adjustments shall not allow the enlargement or extension of a non-conforming situation beyond the scope and area of its operation at the time the regulation which makes its use non-conforming was adopted, nor shall the Board permit a change from one (1) non-conforming use to another unless the new non-conforming use is in the same or a more restrictive classification, except as is permitted herein below.
(Ord. 2003-06, passed 3-3-03)
§ 156.123 NON-CONFORMING STRUCTURES.
   (A)   Alterations. A non-conforming structure shall not be enlarged, replaced or structurally altered except in conformance with this chapter.
   (B)   Accessory structure. An accessory structure that is closer to property lines than allowed by this chapter may be added to laterally as long as the addition comes no closer to a property line than the existing portion of the structure, does not exceed twenty-five percent (25%) of the existing structure and no new non-conformity is created.
   (C)   Restoration. Any structure, however, may be restored to a safe condition if declared unsafe by the enforcement officer or other public official with jurisdiction, except as provided elsewhere in this chapter.
(Ord. 2003-06, passed 3-3-03)
§ 156.124 REPAIR, MAINTENANCE AND RECONSTRUCTION.
   (A)   Minor repairs and routine maintenance of property where non-conforming situations exist are permitted and encouraged.
   (B)   If a structure is removed or destroyed other than by intentional means of the owner, the structure may be reconstructed, provided the owner makes application within six (6) months of the date of removal or destruction, but the structure shall not be enlarged, extended or moved, so long as reconstruction does not create new non-conformities with respect to such matters as but not limited to setback and parking requirements.
(Ord. 2003-06, passed 3-3-03)
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