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 industrial, commercial or business establishment in operation that was 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 industry or business.

(Code 1986, § 25-386; Ord. No. 1998-2, 7-12-98; Ord. No. 2005-6, § 1, 2-28-05)

(a)

Industrial, commercial or other business establishments 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 industry or business 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 or leased 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.

No building permit or like permission for construction or landscaping shall be denied to an industry or business seeking to expand and continue activities conducted by that industry or business 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 or leased 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.

(b)

Industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto 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 or leased 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 section 23-666 and subsections (a) and (b) of this section apply only to land owned or leased and in use by such affected business, and do not operate to permit expansion of an existing industry or business through the acquisition of additional land.

(d)

"Reasonable amount of space for such expansion on the property owned or leased by such business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners" as used in subsections (a) and (b) of this section shall mean the amount of space which would be required were such facility subject to the most restrictive City of Germantown classification which would permit the use to which the land and/or building is being put and new construction were being undertaken.

(e)

Notwithstanding the provisions of subsection (b) of this section 23-667, 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 subsection (e) 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 city has the burden of proving an overt act of abandonment in such matter.

(Code 1986, § 25-387; Ord. No. 1998-2, 7-12-98; Ord. No. 2005-6, §§ 2—4, 2-28-05)

(a)

The provisions of section 23-666 and subsections (a) and (b) of section 23-667 shall not apply if an industrial, commercial, or other business establishment ceases to operate for a period of 30 continuous months and the industrial, commercial, or other business use 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 and, in the case of such signs, also to the provisions of the existing sign ordinance. For the purposes of this subsection, the 30-month period of continuous ceased operation shall be tolled by:

(1)

The period in which an industrial, commercial, or other business establishment 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 nonconforming or of a structure in which or out of which a nonconforming industrial, commercial or other business use operates or is located; or

(4)

The reactivation of the nonconforming use any time prior to the end of the 30-month period.

(b)

The restrictions of subsection (a) of this section 23-668 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 city has the burden of proving an overt act of abandonment in such matter.

(Code 1986, § 25-388; Ord. No. 1998-2, 7-12-98; Ord. No. 2005-6, § 5, 2-28-05)

Editor's note— Ord. No. 1998-2, adopted July 12, 1998, repealed in their entirety the provisions of § 23-669 which referred to the restoration of damaged, nonconforming buildings and derived from the Code of 1986, § 25-389.

Editor's note— Ord. No. 1998-2, adopted July 12, 1998, repealed in their entirety the provisions of § 23-670 which referred to the violations of prior ordinances by nonconforming structures and derived from the Code of 1986, § 25-390.