Where the districts established by this chapter, or districts established by amendments that may later be adopted, contain structures and uses of land and structures that were lawful before this chapter was passed or amended; but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments, it is the intent of this chapter to permit these nonconformities to continue within the provisions of this article, but not to encourage their survival. See Article XIII for required certificates of occupancy. Such uses and structures are declared by this chapter to be incompatible with permitted uses in the districts involved.
A.
Nonconforming buildings, structures and uses generally.
Any nonconforming building, structure or use which exists lawfully
at the time of the adoption of this chapter and which remains nonconforming
and any such building, structure or use which shall become nonconforming
upon the adoption of this chapter or of any subsequent amendment hereto,
may be continued in accordance with the regulations of this chapter.
B.
In the case of nonconforming uses of land on which
exist, on the effective date of this chapter or any amendment hereto,
a lawful use of land exist that is no longer permissible under the
regulations and standards of this chapter as adopted or amended, such
use may be continued so long as it remains otherwise lawful, subject
to the following provisions:
(1)
No
such nonconforming use of land shall be enlarged, increased or extended
to occupy a greater area of land than was occupied on the effective
date hereof or amendment hereto.
(2)
No
such nonconforming use of land shall be moved in whole or in part
to any other portion of the lot or tract of land occupied on the effective
date hereof or amendment hereto.
(3)
If
any such nonconforming use of land ceases for any reason for a period
of more than 180 consecutive days, any subsequent use of such land
shall conform to the resolutions and standards set by this title for
the district in which such land is located.
C.
In the case of nonconforming structures where, on
the effective date hereof or amendment hereto, a lawful structure
exists that could not be built under the regulations and standards
of this chapter as adopted or amended, by reasons of restrictions
on lot area, lot coverage, height, yards, spacing between buildings,
or other characteristics of the structure or its location on the lot,
such structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1)
No
such structure may be enlarged or altered in a way which increases
its nonconformity.
(2)
Should
such structure be destroyed by any means to an extent of more than
50% of its replacement cost at the time of destruction, it shall not
be reconstructed except in conformity with the provisions of this
chapter.
(3)
Should
any such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations and standards for the
district in which it is located after it is moved.
D.
In the case of nonconforming uses of structures and
premises where, on the effective date hereof or amendment hereto,
a lawful use of a structure or of a premises exists that is no longer
permissible under the regulations and standards of this chapter as
adopted or amended, such use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
(1)
An
existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall not be enlarged, extended,
constructed, reconstructed, moved, or altered except in changing the
use of such structure to a use permitted in the district in which
it is located.
(2)
Any
nonconforming use may be extended throughout any parts of the building
or structure which were manifestly arranged or designed for such use
at the effective date hereof or amendment hereto, but no such use
shall be extended to occupy land outside of such structure.
(3)
If
no structural alterations are made, any nonconforming use of a structure
or of a premises may be changed to another nonconforming use; provided
that the Zoning Board of Appeals and Lexington City Council, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such change, the Zoning Board and/or Lexington City Council may require
appropriate conditions and safeguards in accord with the provisions
of this chapter.
(4)
Any
structure or premises in or on which a nonconforming use is superseded
by a permitted use shall thereafter conform to the regulations and
standards of the district in which such structure is located.
(5)
When
a nonconforming use of a building or structure or of a premises is
discontinued for 12 consecutive months, the structure or the premises
shall not thereafter be used except in accordance with the regulations
and standards of the district in which it is located.
(6)
Where
nonconforming use status applies to a premises, removal or destruction
of the structure shall eliminate the nonconforming use status of the
land, except as it may qualify as a nonconforming lot of record.
A.
Application of provisions.
(1)
Signs
which were constructed in compliance with previous regulations, but
which do not conform to the provisions of this chapter at the effective
date hereof or hereafter, shall be regarded as nonconforming signs.
(2)
All
roof signs shall be considered nonconforming signs and subject to
the provisions herein.
B.
Restrictions. A nonconforming sign may not be:
(1)
Changed
to another nonconforming sign;
(2)
Structurally
altered unless approved by the Code Compliance Officer;
(3)
Expanded;
(4)
Reestablished
after its discontinuance for 90 days; or
(5)
Reestablished
after damage or destruction if the estimated expense or reconstruction
exceeds 50% of appraised replacement cost.
Nothing in this article shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any official charged with protecting the
public safety, upon such order of such official.
