Nonconforming Use

A Nonconforming Use is defined in Section 126-63 of the Paducah Code of Ordinances as an activity or building, sign, structure, or a portion thereof which lawfully existed before the adoption or amendment of the zoning regulation, but which does not conform to all of the regulations contained in the zoning regulation which pertain to the zone in which it is located.  This is commonly referred to "Grandfathering".  A nonconforming use, as defined, that existed before the adoption of the ordinance may be continued in the same manner.  However, nonconforming rights may be forfeited if the noncomforming use has been abandoned.

If a change in use is proposed, a hearing before the Board of Adjustment must be held. An existing nonconforming use may be changed to a new nonconforming use in the same or more restrictive zone classification if you have approval from the Board of Adjustment.  An expansion of a use or building on a noncomforming use lot is only allowed if the minimum yard and other requirements of that zone are met.

Contact the Department of Planning to find out if this applies to your project.  The Zoning Administrator will evaluate your situation and make a decision.  If you wish to challenge the decision, you may appeal to the Board of Adjustment for a ruling.  After the Board of Adjustment decision is made, the decision may then be appealed to Circuit Court for a final ruling.