Clarksville City Zoning Code

In order to protect the health, safety, and general welfare of the community, land uses and structures which legally existed upon the effective date of this Ordinance, but which are not in conformance with all of the provisions of this Ordinance, shall be subject to the provisions of this section.

Non-conformities are allowed to continue in accordance with the requirements of this section. These provisions shall be applied in a manner consistent with and to the fullest extent permitted by Tennessee Code Annotated Section 13-7-208.

For uses not otherwise protected by TCA Section 13-7-208, a nonconforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made to conform to all of the regulations of the district in which it is located.

Minor repairs and normal maintenance that are required to keep nonconforming uses, structures, lots of record, and signs in a safe condition are permitted, provided the minor repair or maintenance does not extend, expand, or enlarge the nonconforming use, structure, lot of record, or sign, or involve any change in use. For the purposes of this subsection, "minor repair or normal maintenance" shall mean:

1.

Maintenance of Safe Condition. Repairs necessary to maintain a nonconforming use, structure, lot of record, or sign in a safe condition;

2.

Correction of Damage or Deterioration. Repairs necessary to correct any damage or deterioration to the structural soundness or interior appearance of a structure without altering the structure; and

3.

Maintenance of Land for Safety. Maintenance of lot or site areas to protect against health hazards and to promote the safety of surrounding uses.

1.

Continuation. Unless otherwise protected by TCA Section 13-7-208, a nonconforming use may continue subject to the conditions herein.

2.

Discontinuance of Use. When a nonconforming use has been inactive, abandoned, or discontinued for a period of twelve (12) months, the land and its associated improvements shall thereafter be used only in accordance with the provisions of this Ordinance. An intent to resume activity shall not qualify the property for a continuation of the nonconforming use.

3.

Change in use. Nonconforming uses shall not be replaced with another use unless that use conforms to the requirements of this Ordinance.

4.

Change in Ownership or Tenancy. Changes of ownership, tenancy, or management of an existing nonconformity are permitted, but shall continue to be subject to the requirements of this section.

1.

Continuation. Unless otherwise protected by TCA Section 13-7-208, the use of a nonconforming structure may continue subject to the conditions herein.

2.

Enlargement. Nonconforming structures may not be expanded, enlarged, or altered in any way that increases the degree of nonconformity. For example, a structure that has a five-foot side yard setback where this Ordinance requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the ten-foot setback.

3.

Damage or Destruction of Nonconforming Structures. A nonconforming structure that sustains damage by any voluntary or involuntary means of less than fifty percent (50%) of its total floor area may be reconstructed. If damage exceeds fifty percent (50%) of the total floor area, the structure shall be reconstructed, in its entirety, in accordance with all applicable provisions of this Ordinance. If requested by the property owner, the Building Official may consider percentage of reconstruction cost in lieu of percentage of floor area damaged or destroyed. The value of land shall be excluded.

1.

Single-Family Residence Allowed. Where a lot of record as of November 7, 1974 had less area or less width than herein required for the district in which it is located, the lot may nonetheless be used for a single-family dwelling, provided that such single-family dwelling is a use permitted within the district. A side yard of no less that five (5) feet shall be provided and the sum of the two (2) side yards shall not be less than ten (10) feet.

2.

Nonconforming Subdivision Lots. Lots within subdivisions with an active preliminary plat or final approval date prior to the effective date of this Ordinance shall be permitted to retain their approved lot area, minimum lot width, minimum required yards, and minimum required open space.

1.

Continuation. Unless otherwise protected by TCA Section 13-7-208, nonconforming outdoor advertising signs and structures may continue subject to the conditions herein.

2.

Damage or Destruction. In the event that a nonconforming sign is damaged or destroyed by any voluntary or involuntary means, or is allowed to become dilapidated to the extent of fifty percent (50%) or more of the current cost to replace the sign, including labor and materials, the sign shall not be reconstructed or repaired, and the owner of the sign shall be required to remove the sign, unless the reconstructed or repaired sign conforms to the provisions of this Ordinance.

1.

Individual single-wide mobile homes within the city limits are prohibited except as permitted in the RM-1 zone district and within approved mobile home parks as regulated in Chapter 5.5. Where nonconforming status applies to the premises, removal or destruction of the mobile home shall eliminate the nonconforming status of the land, and an individual single-wide mobile home shall not be reestablished on the premises.