Elizabethtown City Zoning Code
NON-CONFORMING USES
STRUCTURES AND LOTS
§ 154.285 NON-CONFORMING USE PROVISIONS.
The provisions as set forth in the following section are to ensure the viability of uses and structures by setting standards whereby non-conforming uses, structures and lots are allowed to continue in their present state, but their survival is not encouraged. It is expected that they will be eliminated over the course of time.
(Ord. 06-2008, passed 6-16-2008, § 11.0; Ord. 09-2020, passed 8-3-2020)
§ 154.286 KENTUCKY REVISED STATUTES REQUIREMENTS.
As mandated by Kentucky Revised Statutes, non-conformities shall not be enlarged or extended beyond their scope and areas of operation at the time of the adoption of this chapter and shall not be used as the basis for adding additional structures or uses not permitted in the same zone. Non-conforming uses are declared by the zoning regulations to be incompatible with permitted uses in the zones and districts in which they are located.
(Ord. 06-2008, passed 6-16-2008, § 11.1)
§ 154.287 REGULATION OF NON-CONFORMING USES.
A non-conforming use shall be permitted to continue provided it remains otherwise lawful and shall be regulated as follows.
(A) A non-conforming use shall not be enlarged or extended, so as to occupy a greater area of the land than was occupied at the date of the adoption or amendment of the zoning regulations, nor altered in any way so as to extend or enlarge the scope or area of its operation.
(B) When a non-conforming use is replaced by a permitted use for any period of time, it shall thereafter conform to the zoning regulations.
(C) A non-conforming use shall not be permitted to change from one non-conforming use to another non-conforming use unless the new use is in the same or more restrictive classification and the new non-conforming use is not an enlargement or extension of the scope of the existing non-conforming use.
(D) When a non-conforming use is abandoned or non-use is continued for a period of 12 months, or if non-use is continued through a lack of diligence as to the amount of abandonment, then it shall thereafter conform to the zoning regulations.
(Ord. 06-2008, passed 6-16-2008, § 11.2; Ord. 09-2020, passed 8-3-2020)
§ 154.288 REGULATION OF NON-CONFORMING STRUCTURES.
A non-conforming structure may continue to exist provided it remains otherwise lawful and shall be regulated as follows.
(A) On any non-conforming structure, or portion of a structure, work may be done for ordinary repairs of walls, fixtures, wiring, plumbing or other parts of the building, and additions made, provided that the extent of the non-conformity shall not be increased. The zoning regulations shall not be construed to prevent the strengthening, repairing or restoring to a safe condition of any structure or parts thereof.
(B) Should a non-conforming structure or non-conforming portion of a structure be demolished by any means, it shall not be reconstructed except in a manner to make it a conforming structure under the zoning regulations.
(C) A structure may be altered to decrease its non-conformity.
(D) Should a non-conforming structure be moved for any reason, for any distance, it shall thereafter conform to the zoning regulations.
(Ord. 06-2008, passed 6-16-2008, § 11.3; Ord. 09-2020, passed 8-3-2020)
§ 154.289 REGULATION OF NON-CONFORMING LOTS.
A non-conforming lot shall be permitted to continue and shall be regulated as follows.
(A) (1) A non-conforming lot shall not be further subdivided or consolidated, in whole or in part, with another parcel, in a manner which increases its non-conformity. It may, however, be altered so as to decrease its non-conformity.
(2) However, the Commission may approve the subdivision of a lot which has two or more legally constructed principal structures into separate parcels for the purpose of the sale or transfer of the individual structures, if the Commission finds that the properties have been used in a separate and distinct manner with separate utilities and other facilities so that the resulting re-subdivision will not constitute a material change in use of the property.
(B) Notwithstanding any portion of the zoning regulations, a non-conforming lot may be used for construction of any otherwise lawfully permitted structure in a zone in which the lot is located. Such a non-conforming lot must be in separate ownership and not in contiguous frontage with other lots in the same ownership.
(C) If two or more lots with continuous frontage are in single ownership, and if any of the lots have less than 50 feet of street frontage, the land involved shall be considered to be an undivided parcel. No subdivision or consolidation in whole or in part with another lot shall be made of such parcels which reduce the parcel below the requirement for a permitted lot in a zone in which the parcel is located. However, the Commission may permit the sale or transfer of lots where each has a legally constructed principal structure.
(Ord. 06-2008, passed 6-16-2008, § 11.4; Ord. 05-2011, passed 2-7-2011)
§ 154.290 CONDITIONAL USES ARE NOT NON-CONFORMING USES.
Any existing principal use at the date of the adoption or amendment of the chapter which would thereafter require a conditional use permit shall be deemed a conforming use, but any enlargement or replacement of such use shall require a conditional use permit as provided by the zoning regulations.
(Ord. 06-2008, passed 6-16-2008, § 11.5)
§ 154.291 PROCEDURE FOR DETERMINATION OF NON-CONFORMING.
To meet the intent of KRS Chapter 100 in determining non-conforming use and to allow all affected parties fair due process, it is declared that the non-conforming use status for property in the city shall be determined through the following procedures.
(A) Determination of non-conforming use status.
(1) To request a determination of non-conforming use, an application shall be filed with the Department in such form and accompanied by such information necessary to make a determination, which includes, but is not limited to, property ownership, length of operations/occupancy, building design/construction and zoning history.
(2) (a) The Department shall review all pertinent information for the request and make a written determination of the non-conforming use status.
(b) Notice of an administrative determination by the Department will be given in the following manner:
1. Written notice to the applicant and owner, if different from applicant;
2. Written notice to adjoining property owners;
3. Notice to the general public by placing a notice in the local newspaper of largest circulation in the city; and
4. Written notice to the Board of Zoning Adjustment.
(c) Any aggrieved party may appeal the administrative determination to the Board, pursuant to the procedures of KRS 100 and upon a hearing before the Board may submit information into evidence to be considered.
(B) Determination for change in non-conforming use status. To request a determination for a change in use for property with non-conforming use status, an application shall be filed with the Department in such form and accompanied by such information necessary to make a determination. The Department shall review the application for compliance with the submission requirements of the chapter and the policies of the Board. Upon determination that all submission requirements have been met, a public hearing shall be scheduled before the Board. The Board shall review the change in use request through the consideration of the requirements of KRS Chapter 100. Upon determination and final action by the Board, any aggrieved party may appeal the action pursuant to the procedures of KRS Chapter 100.
(Ord. 06-2008, passed 6-16-2008, § 11.6)
§ 154.999 PENALTY.
(A) Violation of the provisions of this chapter or failure to comply with any of its requirements (including violation of the conditions and safeguards established in connection with granting of a map amendment, development plan approval, variance or conditional use permit) shall constitute a violation.
(B) Any person who so violates this chapter or fails to comply with any of its requirements or fails to comply with any official notice of violation issued under its requirements shall be subject to a fine as detailed in the city’s code of ordinances. The Department may choose to seek enforcement for any violations through the city’s Code Enforcement Board, enacted by Ord. 09-2003.
(Ord. 06-2008, passed 6-16-2008, § 1.15)