City of Middlesboro Planning Commission v. Howard

STEPHENSON, Justice.

The issue on this appeal is the validity of a city of Middlesboro zoning ordinance. Section 75.25(C) of the ordinance provides:

“(C) Termination:

“Any one of the following acts or conditions shall terminate immediately the right to operate a nonconforming use:(1) Changing to a conforming use.(2) Abandonment.(3) Failure to obtain privilege license for a period of twelve months.(4) Non-operation or non-use for a period of twelve or more consecutive calendar months.”

In 1966, the city of Middlesboro enacted an ordinance providing for “Privilege Licenses” applicable to businesses…