(A) It is the intent of this chapter to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provisions of this chapter is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses or structures that would violate the provisions of this chapter. It is also the intent of this chapter that any elimination of nonconformities shall be affected so as to avoid any unreasonable invasion of established private property rights.
(B) Nonconforming lots.
(1) Definition. A
NONCONFORMING LOT
is a lot that was lawfully created prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the minimum gross land area or minimum lot width requirements established in this chapter for the zoning district in which it is located.
(2) Required combination or recombination of nonconforming lots.
(a) Where a nonconforming lot abuts another lot of record, whether conforming or nonconforming, held in the same ownership at or subsequent to enactment of this chapter, such lots shall be combined or recombined as necessary to form a conforming lot or lots and shall not thereafter be subdivided except in compliance with all of the requirements of this chapter.
(b) Where a nonconforming lot was created by public taking action or as a result of a court order, the above combination or recombination of lots shall not be required.
(3) Use of nonconforming lots. Where a nonconforming lot cannot be combined or recombined with other lots to form a conforming lot or lots, such nonconforming lot may be used subject to the compliance of the intended use and structure with applicable use regulations and with applicable setback and height regulations. However, any use (such as two-family or multi-family dwelling) that requires a greater gross land area than the minimum gross land area listed in this chapter for the appropriate zoning district shall not be permitted on a lot which does not conform to such minimum gross land area requirement. If compliance of the structure intended on the nonconforming lot with applicable setback regulations is not reasonably possible, the nonconforming lot may be used as a building site subject to the granting of a variance from such setback regulations by the Board of Zoning Adjustment in accord with the provisions §§ 156.030 through 156.033.
(C) Nonconforming uses.
(1) Definition. A
NONCONFORMING USE
is a use of land, buildings, or structures that was lawfully established prior to the effective date of this chapter, or a subsequent amendment thereto, but does not conform to the use regulations of this chapter for the zoning district in which it is located.
(2) Regulations. Nonconforming uses may be continued subject to the following limitations:
(a) A nonconforming use shall not be extended, expanded, enlarged, or moved to occupy a different or greater area of land, buildings, or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming.
(b) No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved, or structurally altered unless that building or structure is thereafter devoted to a conforming use.
(c) When a building or structure devoted to a nonconforming use is damaged to the extent of fifty percent (50%) or more of its current assessed taxable value, such building, if restored, shall thereafter be devoted to conforming uses.
(d) If a nonconforming use ceases for more than a twelve (12) month period, subsequent use of the land, or structures previously devoted to such use shall thereafter be devoted to conforming uses.
(3) Discontinuance.
(a) Any nonconforming use of land and any nonconforming use involving structures with a total replacement cost of less than five thousand dollars ($5,000.00) at the time such use became nonconforming shall cease with five (5) years after the date of the notice of nonconformity required in division (F) of this section.
(b) Any nonconforming use involving structures with a total replacement cost of five thousand dollars ($5,000.00) or more at the time such use became nonconforming shall cease with fifteen (15) years after the date of the notice of nonconformity required in division (F) of this section, or within forty (40) years after the construction of such structures, whichever is later.
(D) Nonconforming features.
(1) Definition. A
NONCONFORMING FEATURE
is a physical feature or characteristic of a use, building, structure, or other development of land that was lawfully established prior to the effective date of this section or a subsequent amendment thereto, but does not conform to the regulations of the performance standards of this chapter applicable to such use, building, structure, or development of land, including but not limited to, nonconforming structures, nonconforming signs, nonconforming parking facilities and nonconforming lighting.
(2) Regulations. Nonconforming features may be continued subject to the following limitations:
(a) No enlargement, extension, or structural alteration of any building, structure, or other development of land having a nonconforming feature shall increase the degree or extent of the nonconforming feature.
(b) When a building, structure, or other development of land having a nonconforming feature is damaged to the extent of fifty percent (50%) or more of its assessed taxable value, such building, structure, or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this section.
(3) Discontinuance.
(a) Any sign having a nonconforming feature shall be either eliminated, or made to conform with the provisions of this section within twelve (12) months after the date of the notice of nonconformity required in division (F).
(b) Any building, structurally independent or free-standing structure other than a sign, or other development of land (lighting, fencing, parking area, or accessory structure) having a nonconforming feature and having a replacement or correction cost of less than five thousand dollars ($5,000.00) shall be either eliminated or made to conform with the provisions of this section within five (5) years after the date of the notice of nonconformity required in division (F).
(E) Repairs and maintenance. Minor repairs to and routing maintenance of land, buildings, structures, or other development of land, or portion thereof, devoted to a nonconforming use or having nonconforming features are permitted, provided the cost of such repairs and maintenance within any twelve (12)-month period does not exceed ten percent (10%) of the current assessed taxable value of the land, buildings, structure, or other development of land, or portion thereof.
(1) Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the Building Inspector because of lack of repairs and maintenance shall not be restored, repaired, reconstructed, or used except in conformity with the provisions of this section.
(2) Any structure or other development of land, or portion thereof, devoted to a nonconforming use or having a nonconforming feature, that is declared unsafe by the Building Inspector, but not because of lack of repairs and maintenance, may be repaired and restored subject to the requirements of divisions (C) (2) and (D) (2) of this section.
(F) Nonconformity survey and notice. Within eighteen (18) months after the effective date of this chapter, or subsequent amendment thereto, the Codes and Zoning Enforcement Officer shall make an inventory of all nonconforming uses, signs having nonconforming features, and other significant nonconforming features existing within the city jurisdiction. On completion of the inventory, the Codes and Zoning Enforcement Officer shall notify the owner of the property on which each nonconformity is located of the determination of nonconformity, and reasons therefor, and the deadlines, where applicable, for compliance with the provision of this chapter. This requirement shall not preclude the further inventory and subsequent notices of nonconformity.
(G) Applications for permit to repair or re-establish nonconforming use.
(1) In any of the above cases where the owner of the property on which the nonconforming use exists desires to obtain a permit for re-establishment or repair of the nonconforming use, application for that permit shall be made within six (6) months of damage to structure, discontinued use, or declaration of unsafe status to the Administrative Official with payment of the appropriate fee.
(2) The Board of Zoning Adjustment shall consider such applications within sixty (60) days of receipt, and, if the Board reasonably concludes that strict application of the nonconforming use provisions of this chapter practically destroys or greatly decreases the value of specific pieces of property and adjacent property, it may set conditions for re-establishment or repair of the nonconforming use which promote substantial justice for all persons concerned. Such conditions may include, but are not limited to, presentation of a security bond acceptable to the City Attorney. A unanimous vote of the entire Board of Zoning Adjustment shall be required for approval.
(H) Appeal. Appeal of the decision may be made as provided in KRS Chapter 100.
(I) Restrictions. The Board of Zoning Adjustment shall be governed by the following restrictions pursuant to KRS 100.253:
(1) The Board 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 is adopted;
(2) The Board shall not permit a change from one nonconforming use to another unless the new nonconforming use is in the same or a more restrictive classification;
(3) In addition, the Board shall not permit replacement or repair of nonconforming mobile homes.
(Ord. passed 1-27-87) Penalty, see 156.999