(A)   In the event that a zoning change has occurred or hereafter occurs in any land area where such land area was not previously covered by any zoning restrictions of any political subdivision of the State of Tennessee, or where such land area is covered by zoning restrictions of a political subdivision of the State of Tennessee and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any use or structure in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change shall be allowed to continue in operation and be permitted; provided that no change in the use of the land is undertaken by such use or establishment.

   (B)   When the use or structure permitted to continue, to expand, or to be rebuilt pursuant to this chapter is an off-premises sign, such use or structure shall not preclude any new or additional conforming use or structure on the property on which the sign structure is located or on any adjacent property under the same ownership, provided that any such new or additional use or structure does not result in any violations of the applicable zoning restrictions other than those nonconformities associated with the off-premises sign as allowed hereunder.

   (C)   The provisions are thus designed to preserve the character of the districts established in this subchapter and thus to promote and protect the public health, safety and general welfare.

(Ord. 2009-07, passed 7-13-09)

   The provisions of this subchapter apply to all uses or structures which are not permitted within the districts in which they are located. These provisions also apply to all uses in flood hazard districts which do not meet floodproofing standards.

(Ord. 2009-07, passed 7-13-09)

   The burden of establishing that a nonconformity lawfully exists shall be on the owner of the land on which the purported nonconformity is located.

(Ord. 2009-07, passed 7-13-09)

   (A)   With the exception of signs and wireless communication facilitates, nonresidential uses or structures in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the nonresidential use which were permitted and being conducted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such nonresidential use situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners. No building permit or like permission for construction or landscaping shall be denied to a nonresidential use seeking to expand and continue activities conducted by that nonresidential use which were permitted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such nonresidential situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.

   (B)   With the exception of signs and wireless communication facilitates, nonresidential uses or structures in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business subsequent to the zoning change; provided that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect immediately prior to or subsequent to a change in the zoning of the land area on which such industry or business is located. No building permit or like permission for demolition, construction or landscaping shall be denied to an industry or business seeking to destroy and reconstruct facilities necessary to the continued conduct of the activities of that industry or business, where such conduct was permitted prior to a change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.

   (C)   The provisions of § 151.130 and divisions (A) and (B) of this § 151.133 apply only to land owned and in use by such affected use and do not operate to permit expansion of an existing use through the acquisition of additional land.

   (D)   The provisions of § 151.024 apply to nonconforming wireless communication facilitates.

   (E)   The provisions of § 151.181 apply to nonconforming signs.

   (F)   Notwithstanding the provisions of division (B) of this section, any structure rebuilt on the site must conform to the provisions of the existing zoning regulations as to setbacks, height, bulk, or requirements as to the physical location of a structure upon the site. This division (F) shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the town has the burden of proving an overt act of abandonment in such matter.

(Ord. 2009-07, passed 7-13-09; Am. Ord. 2010-01, passed 8-23-10)

   (A)   Whenever the zoning ordinance in effect at the time of adoption of this subchapter has authorized a use by issuing a variance or conditional use permit, such authorization may be continued in accord with the conditions which were established at the time the variance or conditional use was granted.

   (B)   When such use was authorized subject to a term of years, that use may be continued until the expiration of the term, and thereafter, the Board of Zoning Appeals may, in appropriate cases, extend the period of continuance for one or more terms of not more than five years each. The Board of Zoning Appeals may prescribe appropriate conditions and safeguards to minimize the effects of such use on the character of the neighborhood.

(Ord. 2009-07, passed 7-13-09)

   Governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below the required dimension shall not render the structure nonconforming.

(Ord. 2009-07, passed 7-13-09)

   (A)   The provisions of § 151.130 and divisions (A) and (B) of § 151.133 shall not apply if a nonresidential use or structure ceases to operate for a period of 30 continuous months and the of the property did not conform with the land use classification as denoted in the existing zoning regulations for the zoning district in which it is located. Anytime after the 30-month cessation, any use proposed to be established on the site, including any existing or proposed on-site sign, must conform to the provisions of the existing zoning regulations. For the purposed of this division, the 30-month period of continuous ceased operation shall be tolled by:

      (1)   The period in which a nonresidential use is party to any action in a court of competent jurisdiction regarding the use of the property until such time that a final settlement, order, decree, or judgment has been rendered;

      (2)   Any period in which a facility is being constructed, reconstructed, renovated, or refurbished, provided that all necessary building permits were obtained within 30 months of cessation of continuous use;

      (3)   The filing of an application for a building permit for the alteration, renovation or reconstruction of a structure which is non-conforming or of a structure in which or out of which a non-conforming nonresidential use operates or is located; or

      (4)   The reactivation of the non-conforming use any time prior to the end of the 30-month period.

   (B)   The restrictions of division (A) of this § 151.136 shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the town has the burden of proving an overt act of abandonment in such matter.

   (C)   The restrictions of division (A) of this § 151.136 shall not apply to any industrial establishment location where 25% or more of the gross annual sales from such location are derived from sales to or contracts with local, state or federal governments or as a subcontractor to contracts with the same, or to any industrial establishment location where 75% or more of the gross annual sales from the location are made to agriculture or construction businesses.

(Ord. 2009-07, passed 7-13-09)

   (A)   Residential use for the purposes hereof means use of a structure used exclusively for human habitation and related accessory structures. For the purposed of nonconformities, when a structure contains both residential and nonresidential uses, it shall be regulated as a nonresidential structure and use.

   (B)   In the event that a zoning change has occurred or hereafter occurs in any land area where such land area was not previously covered by any zoning restrictions of any political subdivision of the State of Tennessee, or where such land area is covered by zoning restrictions of a political subdivision of the State of Tennessee and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any residential use in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change, shall be allowed to continue in operation and be permitted provided that no change of use is undertaken.

   (C)   Structures used for residential use, including accessory structures, and which are permitted to continue in operation pursuant to division (B) above, shall also be allowed to expand and be allowed to be destroyed and rebuilt in the same manner as provided in §§ 151.130 and 151.133 above relative to nonconforming nonresidential uses and likewise shall be subject to the provisions of § 151.133 above.

   (D)   The provisions of § 151.136 shall apply to any structure, including accessory buildings, used for residential use and which ceases to be used for residential use except that the term of 30 continuous months relative to discontinuance of use as used therein shall not be applicable and the term of 12 continuous months shall rather be applicable to residential uses.

(Ord. 2009-07, passed 7-13-09)