Kentucky Revised Statutes

Ky. Rev. Stat. § 100.355 (2026)

Repealed, 1966

✓ current as of May 2026
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Catchline at repeal: Nonconforming uses of buildings or premises; continuance or change of. History: Repealed 1966 Ky. Acts ch. 172, sec. 91. -- Amended 1962 Ky. Acts ch. 297, sec. 5. -- Created 1952 Ky. Acts ch. 118, secs. 1 and 2.

Notes of Decisions
Cited in 4 cases, 1960–1969 · leading case: Attorney Gen. v. Johnson, 355 S.W.2d 305 (Ky. Ct. App. 1962).
Attorney Gen. v. Johnson, 355 S.W.2d 305 (Ky. Ct. App. 1962). · cites it 3× “Section 1 of KRS 100.355 provides in brief that the “lawful use” of land for certain purposes in a city such as Lexington, existing at the time of the adoption of any *307 zoning regulation, or at the time of any amendment thereto, may be continued, although such use does not…”
City of Bowling Green v. Miller, 335 S.W.2d 893 (Ky. Ct. App. 1960). “The ordinance provides that the “established use” of the land or structure existing at the time of its enactment may be continued although not in conformity with the permitted use specified by the ordinance.”
Hobbs v. Markey, 398 S.W.2d 54 (Ky. Ct. App. 1965). · cites it 4× “) Under the applicable zoning statute, KRS 100.355 (2), in force at the time Hobbs made application for the building permit, and at the time of the proceedings before the board of adjustment, a nonconforming use could be changed to another nonconforming use “of the same or more…”
Hofgesang v. McMakin, 457 S.W.2d 950 (Ky. Ct. App. 1969). “2d 305 , wherein abandonment and established use were discussed, the court said: “The policy and spirit of the zoning law of this state ordains the gradual elimination of nonconforming uses, and the general intent of ordinances dealing with the subject matter is to hold…”
Ky. Rev. Stat. § 100.355(2): 1 case
Hobbs v. Markey, 398 S.W.2d 54 (Ky. Ct. App. 1965). “) Under the applicable zoning statute, KRS 100.355 (2), in force at the time Hobbs made application for the building permit, and at the time of the proceedings before the board of adjustment, a nonconforming use could be changed to another nonconforming use “of the same or more…”
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