Circuit Court Win In Clark County Zoning Case
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Stuff Properties LLC v. Winchester/Clark Co. Board of Adjustment and Tresa Bridges
On January 14, 2020, Clark Circuit Court Judge Brown entered an Opinion and Ruling upholding the January 3, 2019 decision of the Winchester/Clark County Board of Adjustment, that Stuff Properties, LLC had unlawfully expanded a non-conforming scrap and recycling facility use. The Board of Adjustment had determined based on complaints from KRC's client Tresa Bridges and others, that the recycling and scrap facility had expanded beyond the boundary of the activity determined in 2012 to have the right to continue in business despite not conforming to the zoning designation for that property.
In affirming the actions of the Board of Adjustment, the Circuit Court determined that the expansion of the recycling and scrap facility onto an adjoining 1-acre tract, constituted an impermissible expansion of a non-conforming use, regardless of whether the recycling and scrap activities were permissible on the 1-acre tract. The decision reaffirms that non-conforming uses are to be allowed to continue, but are not to be enlarged in area onto other, conforming, properties.
With the decision, all material storage, truck parking, and other activity will be required to be relocated behind the front of the existing business, and to be removed from the 1-acre tract that lies in front of the building.
On January 14, 2020, Clark Circuit Court Judge Brown entered an Opinion and Ruling upholding the January 3, 2019 decision of the Winchester/Clark County Board of Adjustment, that Stuff Properties, LLC had unlawfully expanded a non-conforming scrap and recycling facility use. The Board of Adjustment had determined based on complaints from KRC's client Tresa Bridges and others, that the recycling and scrap facility had expanded beyond the boundary of the activity determined in 2012 to have the right to continue in business despite not conforming to the zoning designation for that property.
In affirming the actions of the Board of Adjustment, the Circuit Court determined that the expansion of the recycling and scrap facility onto an adjoining 1-acre tract, constituted an impermissible expansion of a non-conforming use, regardless of whether the recycling and scrap activities were permissible on the 1-acre tract. The decision reaffirms that non-conforming uses are to be allowed to continue, but are not to be enlarged in area onto other, conforming, properties.
With the decision, all material storage, truck parking, and other activity will be required to be relocated behind the front of the existing business, and to be removed from the 1-acre tract that lies in front of the building.
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By Tom FitzGerald
on 01/28/2020 1:22 PM
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The Kentucky Resources Council is a non-profit, 501(c)(3) organization dedicated to the conservation and prudent use of Kentucky’s natural resources. Since 1984, we have dedicated ourselves to protecting Kentucky’s land, air, water, and communities.