Any activity, building, sign or structure which lawfully existed before the adoption of the zoning regulation, but which does not conform to all regulations contained in the zoning regulation pertaining to the zone in which it is located shall be defined as a non-conforming use.

Thus a building may be nonconforming by virtue of the land use activities which occur within the building or by virtue of building placement on a lot.

A.

All nonconforming uses shall be treated as prescribed by the provisions of K.R.S. 100.253.

B.

In the event that there is a cessation of operation of any non-conforming use for a period of six (6) consecutive calendar months no nonconforming use may be re-established on those premises.

C.

A structure or use of land which is nonconforming shall not be enlarged or extended in any manner whatsoever unless otherwise allowed in sections 1100.2.F of 1100.3 of this article.

D.

Structures which are nonconforming due to the manner in which they are sited upon their respective lots may not be enlarged or expanded unless they are brought into conformity with this ordinance via a variance from the board of adjustments.

E.

Nonconforming uses may change use types if the board of adjustments finds that the new proposed use is no more conforming that the previous nonconforming use and that the other provisions of this section will not be violated.

F.

In the case of total or partial destruction, nonconforming uses may be repaired, rebuilt, or reconstructed as long as the following conditions are met:

1.

Such repair or reconstruction is substantially completed within six (6) calendar months of the date of destruction, and a building permit to begin such repair or reconstruction is applied for within one hundred twenty (120) days of the destruction.

2.

The repaired or reconstructed nonconforming portion of the structure contains no more square feet of building area than the nonconforming portion prior to the destruction.

3.

The constructed building shall be placed no closer to any property line than the previous structure if said distance is less than that required under the specific zoning of the site; unless a dimensional variance has been authorized board of adjustments.

G.

Structural changes and/or improvements to nonconforming structures required by governmental agencies for the purpose of protecting the health, safety, or general welfare of the community's citizens shall be allowed.

H.

Restoration: A non-conforming structure shall not be replaced without approval of the board of adjustment. Value of the site, of undamaged buildings on the site, and of other improvements on or about the site separate from the damaged structure shall not be used in determining percent of damage to the structure in question. Restoration must begin within one hundred twenty (120) days of damage in accordance with all other applicable ordinances, regulations and codes, unless the permits have been withheld by local officials.

Residential mobile or manufactured homes sited on lots which are not zoned for mobile/manufactured parks shall be considered nonconforming uses. There shall be no replacement of nonconforming mobile/manufactured homes.