Kentucky Statutes 100.253 – Existing nonconforming use, continuance — Change — Effect of nonconforming use of ten years’ duration — Application
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(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 (10) 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.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 196, effective January 1, 2015. — Amended 2002 Ky. Acts ch. 346, sec. 149, effective July 15, 2002. — Amended 1986
Ky. Acts ch. 141, sec. 28, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
412, sec. 3, effective July 13, 1984. — Amended 1978 Ky. Acts ch. 327, sec. 3, effective June 17, 1978. — Created 1966 Ky. Acts ch. 172, sec. 56.
(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.
Terms Used In Kentucky Statutes 100.253
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Administrative official: means any department, employee, or advisory, elected, or appointed body which is authorized to administer any provision of the zoning regulation, subdivision regulations, and, if delegated, any provision of any housing or building regulation or any other land use control regulation. See Kentucky Statutes 100.111
- Board: means the board of adjustment unless the context indicates otherwise. See Kentucky Statutes 100.111
- City: includes town. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 (10) 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.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 196, effective January 1, 2015. — Amended 2002 Ky. Acts ch. 346, sec. 149, effective July 15, 2002. — Amended 1986
Ky. Acts ch. 141, sec. 28, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
412, sec. 3, effective July 13, 1984. — Amended 1978 Ky. Acts ch. 327, sec. 3, effective June 17, 1978. — Created 1966 Ky. Acts ch. 172, sec. 56.