100.253 Existing nonconforming use, continuance -- Change -- Effect of

371 words·~2 min read·/ky/100-253

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

nonconforming use of ten years' duration -- Application.

(1)The lawful use of a building or premises, existing at the time of the adoption of any

zoning regulations affecting it, may be continued, although such use does not

conform to the provisions of such regulations, except as otherwise provided herein.

(2)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

(1)nonconforming use to another unless the new

nonconforming use is in the same or a more restrictive classification, provided,

however, the board of adjustment may grant approval, effective to maintain

nonconforming-use status, for enlargements or extensions, made or to be made, of

the facilities of a nonconforming use, where the use consists of the presenting of a

major public attraction or attractions, such as a sports event or events, which has

been presented at the same site over such period of years and has such attributes and

public acceptance as to have attained international prestige and to have achieved the

status of a public tradition, contributing substantially to the economy of the

community and state, of which prestige and status the site is an essential element,

and where the enlargement or extension was or is designed to maintain the prestige

and status by meeting the increasing demands of participants and patrons.

(3)Any use which has existed illegally and does not conform to the provisions of the

zoning regulations, and has been in continuous existence for a period of ten

years, and which has not been the subject of any adverse order or other adverse

action by the administrative official during said period, shall be deemed a

nonconforming use. Thereafter, such use shall be governed by the provisions of

subsection

(2)of this section.

(4)The provisions of subsection

(3)of this section shall not apply to counties

containing a city of the first class, a consolidated local government, an urban-county

government, or a city with a population equal to or greater than twenty thousand

(20,000) based upon the most recent federal decennial census.