SECTION 9.11 NONCONFORMING LOTS, NONCONFORMING USES, NONCONFORMING STRUCTURES, REPAIRS AND MAINTENANCE:
   A.   NONCONFORMING LOTS OF RECORD:
      1.   Any lot of record, which does not meet the requirements of this ordinance, shall be considered a nonconforming lot of record.
      2.   If two (2) or more unimproved lots or combinations of lots and portions of lots with continuous frontage are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the land involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be sold for purposes of building which does not meet lot width and area development requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.
      3.   Where a single nonconforming lot of record exists having a lot area less than required by the particular zone wherein said lot is located, development may be permitted on the lot, provided:  the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right of ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this Ordinance.
   B.   NONCONFORMING USES:
      1.   CONTINUANCE: Except as herein specified, the lawful use of any public or private structure or land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions of this ordinance, however, no nonconforming use may be enlarged or extended unless and until the use is brought into conformance with all provisions of this Ordinance.
      2.   CHANGE FROM ONE NONCONFORMING USE TO ANOTHER: Any nonconforming use may be changed to another nonconforming use providing the new nonconforming use is in the same or a more restrictive classification (i.e., providing that, in the opinion of the Board of Adjustment, the new nonconforming use will be more in conformance with the intent of the regulation of the zone affected, than the old nonconforming use).
      3.   TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming use:
         a.   Changing to a conforming use.
         b.   Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least six (6) consecutive calendar months.
         c.   Nonoperative or nonused for a period of one (1) calendar year or more.
         d.   Whenever said nonconforming use becomes illegal, a nuisance, or a hazard to the public's safety, health, and welfare.
         e.   Whenever said nonconforming use becomes the property of the City of Newport, Commonwealth of Kentucky, or any other governmental entity.
      4.   ZONE CHANGE: The foregoing provisions shall apply to uses, which become nonconforming due to zone changes which take place hereafter.
   C.   NONCONFORMING STRUCTURES:
      1.   CONTINUANCE: Except as herein specified, any public or private nonconforming structure may be occupied, operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this ordinance.
      2.   TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming structure:
         a.   Changing to a conforming structure.
         b.   Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of one (1) calendar year or more.
         c.   Nonoperative or not used for a period of one (1) calendar year or more.
         d.   Whenever said nonconforming use becomes illegal, a nuisance, or a hazard to the public's safety, health, and welfare.
         e.   Whenever, with the exception of the City of Newport, any other governmental entity, acquires title to said nonconforming structure or the land upon which it is located.
      3.   ZONE CHANGE: The foregoing provisions shall apply to uses, which become nonconforming due to zone changes which take place hereafter.
   D.   REPAIRS AND MAINTENANCE: On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the market value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased.  Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Am. Ord. O-2016-024, passed 12-12-2016)