§ 17.40.650. Nonconforming uses.

A.

Continuing a Legally Nonconforming Use. A nonconforming use may continue subject to the following provisions:

1.

Land with Minor Improvements. In all residential districts, a nonconforming use of land with minor improvements shall cease within three years from the date of the ordinance codified in this title.

2.

Special Conditions for Scrap Operations. In all districts except IR and IG, nonconforming scrap operations shall conform to the buffering and operational provisions of Chapters 17.24 and 17.28 within three years of the date of the ordinance codified in this title.

B.

Inactivity of a Nonconforming Use. When a nonconforming use has been inactive for a period of thirty continuous months, the land and its associated improvements shall thereafter be used only in accordance with the provisions of this title. An intent to resume activity shall not qualify the property for a continuation of the nonconforming use. For the purposes of this subsection, the thirty month period of continuous ceased operation shall be tolled by:

1.

The period in which the use of the property is the subject matter of any action in a court of competent jurisdiction until such time that a final settlement, order, decree, or judgment has been rendered. For purposes of this subsection, "use of the property" shall mean a function or operation that constitutes an activity occurring on the property. Other litigation that does not pertain to the issue of use of the property, including but not limited to bankruptcy litigation, marital or estate asset distribution litigation, or a landlord/tenant dispute, shall not operate to toll the thirty month period of continuous ceased operation.

2.

The period during which a property was significantly damaged as a result of the severe rain event that occurred on May 1 and May 2, 2010, provided that in no event shall the period of inactivity exceed sixty months from the date of damage in order for the property to maintain status as a protected nonconforming use.

C.

Change of Nonconforming Use. A change in land use classification as defined by the district land use table of Chapter 17.08 shall be subject to the following provisions:

1.

When a nonconforming use is changed to a conforming use, all nonconforming protections offered by this code are forfeited.

2.

On land with minor improvements, a nonconforming use of land may be changed only to a conforming use.

3.

In all residential districts, a change in nonconforming use shall be subject to the following provisions:

a.

The nonconforming use of a building designed and constructed for residential activities may be changed only to a conforming use.

b.

The nonconforming use of a building designed and constructed for nonresidential activities may be changed to another nonconforming use upon a determination by the board of zoning appeals that the new nonconforming use will be more compatible with surrounding land uses than the existing nonconforming use.

4.

In all mixed-use and nonresidential districts, an existing nonconforming use may be changed to a new non-conforming use upon a determination by the board of zoning appeals that the new nonconforming use will be more compatible with surrounding land uses than the existing non-conforming use.

D.

Alteration of a Structure Containing a Nonconforming Use. For any use not otherwise protected by Tennessee Code Annotated Section 13-7-208 and subsection E. below, alterations other than incidental shall be permitted only though the issuance of a permit by the board of zoning appeals, but the floor area ratio (FAR) of the expanded use together with all other uses on the lot shall not exceed the maximum FAR currently permitted in the base zoning district.

E.

Damage or Destruction of a Structure Containing a Nonconforming Use. For uses not otherwise protected by Tennessee Code Annotated Section 13-7-208, damage or destruction of a building or other form of structure (except a sign) occupied or used by a nonconforming use may be restored pursuant to the following provisions:

1.

On land with minor improvements, the nonconforming use shall cease upon damage or destruction in the amount of twenty-five percent or more of the assessed valuation of all buildings, structures and other improvements on the property.

2.

In a residential district, a nonconforming use shall cease if fifty percent or more of the floor area of the building or structure is damaged or destroyed. When damage if to less than fifty percent of the floor area, the building may be restored within one year of the date of the damage. A structure containing a two-family nonconforming use within an RS and RS-A district many be restored within two years regardless of percentage of damage or destruction.

3.

In any non-residential district, any single-family dwelling that is damaged or destroyed may be restored within one year of the date of damage, regardless of the percentage of damage or destruction. The setbacks of the original dwelling shall apply to any reconstructed residential dwelling.

4.

Use of Alternate Formula. If requested by the property owner, the board of zoning appeals may substitute percentage of reconstruction cost for percentage floor area damaged. In estimating reconstruction costs, value of the land shall be excluded. Reconstruction cost data shall be provided by the property owner.

5.

Nonconforming use structures damaged or destroyed by flood. Notwithstanding the foregoing, a structure containing an industrial, commercial, business, or residential nonconforming use that was destroyed or significantly damaged as a result of the severe rain event that occurred on May 1 and May 2, 2010, may be restored within sixty months from the date of damage, regardless of percentage of damage or destruction. Otherwise, the structure shall be subject to all provisions of this title.

(Ord. BL2015-1153 § 16, 2015; Amdt. 1 to Ord. BL2012-92, §§ 1, 2, 2012; Ord. BL2012-92, §§ 1, 2, 2012; Amdts. 1 and 2 to Ord. BL2007-1543 § 1, 2007; Ord. BL2007-1543 § 1, 2007; Amdt. 1 with Ord. BL2005-631 § 1, 2005; Ord. 96-555 § 10.14(B), 1997)