Within the zones and districts established by this zoning ordinance, or amendments thereto, there exist lots, uses of land and structures, and characteristics of use which were lawful before this zoning ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this zoning ordinance or future amendment. It is the purpose of this zoning ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this zoning ordinance that nonconformities shall not be enlarged or extended beyond the scope and area of their operation at the time of the adoption or amendment of this zoning ordinance, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

To avoid undue hardship nothing in this zoning ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or premises on which an application for a building permit was filed with the building inspector prior to the date of adoption of this zoning ordinance or amendment thereto. The issuance of said permit shall be valid only in the event that construction on said structure or premises, in accordance with the plans and specifications submitted with the application for a building permit, is begun within sixty (60) days after the date of issuance of said permit and is diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in permanent manner. Where grading or excavation, or demolition or removal of an existing building has been begun preparatory to rebuilding or reusing the premises, such grading or excavation, or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.

(Ord. No. 23-14, Exh. A, 7-8-14)

a.

At the time of the adoption of this zoning ordinance, there exist lots of official record which do not include sufficient land to conform to the site development or other requirements of the zone(s) in which they are located. Such lots may be used as a building site, and the zoning administrator is authorized to issue a permit for the use of the property which conforms to the zoning requirements for the district in which the lots are located as set forth in this ordinance. If proposed structures cannot comply with the abovementioned requirements, an application may be submitted before the board of adjustments for a variance from the terms of the zoning ordinances as per the terms of Section 5.01.

b.

A nonconforming lot, may not be further subdivided or consolidated in whole, or in part, with another parcel in a manner that increases its nonconformity. It may, however, be altered so as to decrease its nonconformity. However, the planning commission may approve the subdivision of a nonconforming lot of record, which has two (2) or more legally constructed principal structures, into separate parcels, for the purpose of sale or transfer of the individual residences if the planning commission makes findings that the properties have been used in a separate and distinct manner with separate utilities and other facilities, so that the resulting subdivision will not constitute a material change in the use of the property.

(Ord. No. 23-14, Exh. A, 7-8-14)

Pursuant to KRS 100.253, any use that has legally existed at the time of the adoption or amendment of this zoning ordinance, may be continued, although such use does not conform to the provisions of such regulations, except as otherwise provided herein:

a)

No such nonconforming use shall be enlarged or extended from the date of the adoption or amendment of this zoning ordinance.

b)

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 the nonconforming use, where the use consists of the presenting of a major public attraction or attractions, such as sports event or events, which has been presented on 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 public tradition, contributing substantially to the economy of the community and the 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 increased demands of participants and patrons.

c)

Discontinuance: If a nonconforming use is discontinued for a period of twelve (12) consecutive months, all nonconforming rights are lost and reestablishment of the nonconforming use is prohibited. As used herein, the word "discontinuance" means that the landowner cannot demonstrate the clear intent to continue using the property for the nonconforming purpose. Intent may be demonstrated by the landowner, to provide clear and substantial documentation or evidence that the landowner has made clear and reasonable efforts to have the property rented or sold for the nonconforming purpose, or the property has been vacant or not in continuous use as a result of legal proceedings.

d)

If a nonconforming use is changed to a conforming use, no matter how short the period of time, all nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.

e)

Intentional damage or destruction: When a building holding a nonconforming use is damaged or destroyed by causes within the control of the landowner or agent(s), including condemnation by gross negligence, all legal nonconforming use rights are lost and reestablishment of the nonconforming use is prohibited.

(Ord. No. 23-14, Exh. A, 7-8-14)

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this zoning ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(a)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but proposed alterations and expansions are permitted when the proposed alteration or expansion complies with all applicable lot and building standards (for example, a building with a nonconforming front setback may be expanded to the rear as long as the rear expansion complies with the rear setback standards and all other applicable lot and building standards), but any structure or portion thereof may be altered to decrease its nonconformity.

(b)

Should such nonconforming structure or nonconforming portion of a structure be damaged, destroyed, or demolished by any means, it may be reconstructed or repaired within twelve (12) months of destruction, but not to extend or enlarge the scope of its nonconformity or to exceed the footprint or number of cubic feet which existed prior to damage, destruction or demolition.

(Ord. No. 23-14, Exh. A, 7-8-14)

If lawful use involving individual structures or of structure and premises in combination exists at the date of adoption or amendment of this zoning ordinance that would not be allowed in the zone or district under the terms of this zoning ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing structure devoted to a use not permitted by this zoning ordinance in the zone or district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone or district in which it is located except as provided in subsection 8.05(e).

(b)

Any nonconforming use may be extended throughout any parts of a building which were arranged or designed for such use at the date of adoption or amendment of this zoning ordinance, but no such use shall be extended to occupy any land outside such building.

(c)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use by appeal to the board of adjustment as provided under subsection 5.01(w) hereinabove if the proposed use is in the same or a more restrictive classification. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this zoning ordinance.

(d)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the nonconforming use may not thereafter be resumed.

(e)

When a nonconforming use of a structure, or structure and premises in combination, is halted because of the damage, destruction, or demolition of the structure by any means, the structure may be reconstructed or repaired but not to exceed the number of cubic feet existing in it prior to its damage, destruction, or demolition, and the nonconforming use resumed but not to extend or enlarge the scope and area of its operation prior to its damage, destruction, or demolition.

(f)

When a nonconforming use of a structure, or structure and premises in combination, intentionally is discontinued or abandoned so as to show a gross lack of diligence in usage for twelve (12) months or more (except when governmental action prevents such use), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone or district in which it is located.

(Ord. No. 23-14, Exh. A, 7-8-14)

On any nonconforming structure or portion of structure and on any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, plumbing, or other parts provided that the cubic content of the nonconforming structure or portion shall not be increased. Nothing in this zoning ordinance shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any structure or part thereof.

(Ord. No. 23-14, Exh. A, 7-8-14)

Any existing principal permitted use at the date of the adoption or amendment of this zoning ordinance, which would thereafter require a conditional use permit, shall without further action be deemed a legal conforming use, but any enlargement or replacement of such use, in buildings or in land, shall require a conditional use permit from the board of zoning adjustment.

(Ord. No. 23-14, Exh. A, 7-8-14)

The administrative official shall review nonconforming uses and shall have the power to inspect the land or structure where the nonconforming use is located in order to ascertain that the landowner is complying with the provisions of this article. If the landowner is not complying with this article, the administrative official shall furnish a written report of facts related to noncompliance to the board of adjustment. The report shall state specifically the manner in which the landowner is not complying and a copy of the report shall be furnished to the landowner at the same time it is furnished to the board of adjustment. The board shall hold a hearing on the report within thirty (30) days, and notice of the time and place of the hearing shall be furnished to the landowner at least two (2) weeks prior to the hearing. If the board of adjustment finds that the facts alleged in the report of the administrative official are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the board of adjustment may authorize the administrative official to take the necessary legal action to cause the termination of the activity on the land which the nonconforming use exists.

(Ord. No. 23-14, Exh. A, 7-8-14)