Development Guidance System Ordinance, 2009 - Hardin County ...

DEVELOPMENT GUIDANCE SYSTEMSECTION 15NON CONFORMING USES, STRUCTURES AND LOTS15-1 NONCONFORMING USES OF LAND AND/OR STRUCTURESWhere, at the time of adoption of this Zoning Ordinance, legallyestablished, uses of land exist which would not be permitted byregulations imposed by this Zoning Ordinance, the uses may be continuedso long as they remain otherwise lawful, provided the Board shall notallow the enlargement or extension of a non-conforming use beyond thescope and area of its operation at the time these regulations were adoptedin compliance with authority granted in KRS Section 100.253.A. No such nonconforming use and/or structure shall be enlarged orincreased, nor extended to occupy a greater area of land than wasoccupied on the effective date of adoption or amendment of thischapter, unless said enlargement does not result in an increase innonconformity or results in a change to a use permitted in the zone.B. No such nonconforming use and/or structure shall be moved, in wholeor in part, to any portion of the lot or parcel other than that occupied bysuch use and/or structure at the effective date of adoption oramendment of this ordinance, unless said move results in decreasingthe degree of nonconformity or results in conformity with therequirements for the zone.C. Any nonconforming use may be extended throughout any parts of abuilding which were mainly arranged or designed for such use at thetime of adoption or amendment of this ordinance, but no such use shallbe extended to occupy any land outside such building.D. When any nonconforming use, or structure and use in combination, issuperseded by a permitted use and/or structure, the use shallthereafter conform to the regulations for the zone and nononconforming use and/or structure shall thereafter be resumed.15-2 CHANGE FROM ONE NONCONFORMING USE TO ANOTHERThe Board shall have the power to hear and decide on applications topermit a change from one nonconforming use to another.The Board shall not permit such a change unless the new nonconforminguse is as equally or more compatible with permitted uses in the zone inwhich it is located as the existing nonconforming use. Application forchange of nonconforming use shall conform to the procedures andrequirements for appeals as specified in Section 5-3, inclusive, of thisZoning Ordinance and KRS, Section 100.253.The Board shall not allow any changed nonconforming use to beincreased or enlarged, nor extended to occupy a greater area of land thanNON CONFORMING USES, STRUCTURES AND LOTS 123