Martin v. Beehan

MILLER, Judge.

This dispute involves the question of “abandonment” of a nonconforming use existing under the zoning ordinance applicable to the City of Covington, Kentucky. 1 Nonconforming use is authorized (grandfathered) under KRS 100.253 which provides, in part, as follows:

“EXISTING NONCONFORMING USE, CONTINUANCE — CHANGE—EFFECT OF NONCONFORMING USE OF TEN YEARS’ DURATION — APPLICATION—(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…