Within the districts established by this Code or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Code was passed or amended, but which would be prohibited or restricted under the terms of this Code or future amendment. It is the purpose of this Code to permit these nonconformities to continue until they are removed, discontinued, or abandoned. It is further the purpose of this Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as permitted by the Code of Tennessee.

3.2.1

Any principal or accessory use, structure, lot of record, sign, or tower that was lawfully established before the effective date of this Ordinance and no longer complies with this Ordinance is considered nonconforming. Nonconformities shall be allowed to continue pursuant to this Article.

3.2.2

Uses, structures, lots, signs or towers that were not lawfully established are illegal, cannot be made retroactively legal by the granting of a permit, are subject to all appropriate legal means to terminate their existence, and therefore are not subject to the nonconformity provisions of this Zoning Ordinance irrespective of the length of time the illegal uses, structures, lots, signs or towers have been in existence.

3.2.3

Changes in tenancy, ownership, management or business name do not affect the nonconformity status of a property.

3.2.4

The provisions of this section shall not apply to a legally established nonconforming manufactured home provided:

3.2.4.1

That written notification of intent to replace the manufactured home and the proposed date of replacement is filed with the Chief Building Official within 90 days of the manufactured home's removal;

3.2.4.2

That the manufactured home is replaced within 180 days of the removal of the previous manufactured home;

3.2.4.3

That the replacement manufactured home is of structural quality at the date of filing of the notice with the Chief Building Official, equal to or exceeding that of the previous manufactured home, in the opinion of the Chief Building Official; and

3.2.4.4

That the replacement manufactured home meets the area and yard requirements of the district in which it is located.

3.2.5

Structures granted a variance by the Board of Zoning Appeals from the standards of this Code are not nonconforming by virtue of the variance, provided the structure and owner comply with the terms of the variance approval.

3.2.6

When a dedication of land to the public for the purpose of establishing open space for greenways, trails, parks, streets, slope protection, or stream protection makes a lot, building or structure nonconforming with respect to requirements for minimum yards, building setbacks, building coverage, lot area, lot width, lot depth, or required off-street parking, and this dedication is needed or required by the City of Johnson City, the property shall be considered conforming for zoning purposes without requirement of a variance from the Board of Zoning Appeals, and the Planning Commission may approve a Subdivision plat without need or requirement of a zoning variance.

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020)

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

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020)

Editor's note— Ord. No. 4738-20, § 2(Exh. B), adopted July 2, 2020, repealed and reenacted Sections 3.3—3.6 in their entirety to read as herein set out. Formerly, Sections 3.3—3.6 pertained to nonconforming uses, termination of nonconforming uses, nonconforming lots, and special exceptions, respectively, and derived from original codification.

3.4.1

GENERAL PROVISIONS:

3.4.1.1

All off-street parking operated by, in conjunction with, or accessory to a nonconforming use shall be maintained in accordance with all specifications for maintenance of off-street parking spaces as established by this Code. Required off-street parking space for a nonconforming use shall not be reduced in any manner or used for storage or display of materials or goods.

3.4.1.2

A use legally established without special exception (conditional use) approval requirement is deemed to have a conditional use approval if this Zoning Ordinance is or was subsequently revised to require such approval, and is not nonconforming solely because this zoning code now requires a conditional use approval for the subject use.

3.4.2

CHANGE OF USE:

3.4.2.1

A nonconforming use shall only be changed to a conforming use.

3.4.2.2

When a nonconforming use is changed to, or replaced by a conforming use, it shall lose its nonconforming status.

3.4.2.3

When a change from a nonconforming use to a conforming use requires more off-street parking than the previous use, additional parking spaces shall be provided equivalent to the difference between the number of spaces required by this Zoning Ordinance for the immediately previous use and the total number of spaces required by the new use. In the following instances involving a change from a nonconforming use to a conforming use, however, additional parking spaces shall not be required:

A.

The change in use is from a non-residential use to another non-residential use, provided the property is at least 200 feet from a residential zoning district; or

B.

The change in use occurs in a structure or tenant space that is less than 5,000 square feet. For a multiple buildings development, this building square footage shall be cumulative.

3.4.3

EXPANSION OF NONCONFORMING USES:

3.4.3.1

Provided it continues to comply with all provisions of the city's Zoning Ordinance, any nonconforming use may continue to operate and expand on the same land area/parcel containing the nonconforming use on the date the use first became nonconforming. A nonconforming use shall not expand upon any land area/parcel that was not part of the original property at the time the use first became nonconforming.

3.4.3.2

The nonconforming use shall not be enlarged, expanded, or altered in a way that increases the degree of nonconformity. Any proposed expansion must conform to all other applicable standards of this Ordinance. For example:

A.

The expansion of a nonconforming use cannot include any additional uses not permitted by the applicable zoning district; and

B.

A duplex use in a single-family residential district is not permitted to add any additional dwelling units.

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020)

Note— See editor's note at Section 3.3.

3.5.1

REPAIR AND MAINTENANCE OF A NONCONFORMING STRUCTURE:

Routine maintenance, stabilization, or restoration to a safe condition of any part of a nonconforming structure is permitted in accordance with this Ordinance.

3.5.2

EXPANSION OF NONCONFORMING STRUCTURES:

A nonconforming structure may be expanded, provided the following is met:

3.5.2.1

The nonconforming structure shall not be enlarged, expanded, or altered in a way that increases the degree of nonconformity. Any proposed expansion must conform to all other applicable standards of this Ordinance. For example: for a building that is located five feet from a side lot line, where this Ordinance requires a 12-foot minimum side yard setback, the building addition or increase in building height must comply with the 12-foot setback;

3.5.2.2

The direction, size, and intensity of the proposed expansion shall meet structural standards such as setback, building height, building size, and lot coverage restrictions of the zoning district in which the property is located, necessary to minimize negative impacts on adjoining lots and avoid nuisances to adjacent landowners; and

3.5.2.3

The nonconforming structure shall not be expanded through the acquisition of additional land beyond that in use by the nonconformity on the effective date of this Ordinance.

3.5.3

NEW STRUCTURES FOR EXISTING NONCONFORMING USES:

3.5.3.1

An existing structure or a part thereof for an existing nonconforming use, other than multifamily residential, may be torn down and a new structure or part thereof of the same use may be reconstructed, provided construction begins within 180 calendar days of demolition and any reconstruction or redevelopment must conform to all other applicable standards such as setbacks, height limit, building facades, buffer requirements, etc. of this Ordinance.

3.5.3.2

Multifamily residential establishments (whether used as owner-occupied property or rental property) which were permitted to operate under zoning regulations or exceptions thereto preceding a change in zoning shall be allowed to reconstruct new facilities necessary to the conduct of such multifamily residential establishment subsequent to the zoning change, in the event of damage (whether partial or complete) by involuntary fire or wind damage or other natural disaster subject to the following conditions:

A.

The density shall not be above the existing non-conformity or the permitted density in the zoning district in which the property is located, whichever is greater; and

B.

The setbacks, lot coverage and building height(s) of the new building(s) shall conform to the requirements of the zoning district in which the property is located.

3.5.4

For nonconforming structures resulting from the passage of the Corridor Overlay District (section 6.28), Design Overlay District (section 6.30), University Parkway Overlay District (section 6.31) and Gateway Overlay District (section 6.33):

A.

The provisions contained in section 3.4 are still applicable regarding nonconforming uses,

B.

Expansion, renovation, alteration, repair, or remodel, or reconstruction, except pursuant to section 3.5.4.C, does not require conformance to the requirements set forth in sections 6.28, 6.30, 6.31 and section 6.33, providing the nonconforming structures do not expand upon any land area/parcel that was not part of the original property at the time the structures first became nonconforming.

C.

Redevelopment of a site that contained a nonconforming structure, when 50 percent or more of which was demolished and/or removed during an organized/planned demolition, shall conform to the requirements set forth in sections 6.28, 6.30, 6.31 and section 6.33.

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020; Ord. No. 4845-23, § 1(Exh. A), 11-2-2023)

Note— See editor's note at Section 3.3.

3.6.1

A nonconforming lot shall be used only for a permitted use or special exception in the zoning district in which the lot is located.

3.6.2

Development or establishment of such use shall comply with all applicable standards for that zoning district, except compliance with existing minimum lot area standards is not required.

3.6.3

A nonconforming lot shall not be used, conveyed, transferred, subdivided, nor have its boundaries altered in any manner, except for government purpose, that would compound or further increase the nonconforming characteristics of the lot.

3.6.4

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Code, notwithstanding limitations imposed by other provisions of this Code. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership.

3.6.5

If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Code, and if the lots do not meet the requirements of a 50-foot lot width at the building line and 6,000 square feet of land area, the lands involved shall be considered to be an undivided parcel for the purpose of this Code and shall be platted together to create lots with a minimum of 6,000 square feet with a minimum lot width of 50 feet regardless of the zoning prior to a building permit being issued. During the platting process, no lot remnants will be created or remain which have a lot area of less than 6,000 square feet and a lot width of less than 50 feet.

3.6.6

When a dedication of land to the public for the purpose of establishing open space for greenways, trails, parks, streets, slope protection, or stream protection makes a lot, building or structure nonconforming with respect to requirements for minimum yards, building setbacks, building coverage, lot area, lot width, lot depth, or required off-street parking, and this dedication is needed or required by the City of Johnson City, the property shall be considered conforming for zoning purposes without requirement of a variance from the Board of Zoning Appeals, and the Planning Commission may approve a Subdivision plat without need or requirement of a zoning variance.

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020)

Note— See editor's note at Section 3.3.

3.7.1

Should a nonconforming structure or a nonconforming portion of a structure be removed or destroyed by any means to an extent of more than 50 percent of its replacement cost at time of damage, it shall not be reconstructed except in conformity with the provisions of this Code, provided, however, that the right to maintain a nonconforming detached single-family residence in a residential or nonresidential district shall not be terminated regardless of the amount of damage, and further provided that Section 3.5.3.1 and Section 3.5.3.2 of this Ordinance shall apply.

3.7.2

When a nonconforming use is discontinued or abandoned for 12 consecutive months, the structure, or structures and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. This provision shall not apply when government action impedes access to the premises or when the owner can demonstrate that an attempt has been made to continue the nonconforming status through continuous advertisement for sale, rent, or lease, or through alteration or remodeling, provided a building permit has been obtained.

3.7.3

A use, structure or lot that has lost its nonconformity status shall not be reestablished except in conformity with the provisions of this Article.

3.7.4

Any one of the following violations of this Code shall terminate immediately the right to operate a nonconforming use:

3.7.4.1

Failure to make a nonconforming use comply with local, state, or federal regulations which results in negative health or safety impacts;

3.7.4.2

Increasing the number of dwelling units in the nonconforming use; or

3.7.4.3

Changing a nonconforming use to another nonconforming use.

3.7.5

Reserved.

3.7.6

The right to operate and maintain any nonconforming use shall terminate and shall cease to exist whenever the structure containing said use deteriorates to the point it becomes obsolete or substandard under the Code of Ordinances for Johnson City and the cost of placing such structure in compliance exceeds 50 percent of the replacement cost of the structure as determined by the Chief Building Official; provided that in determining the replacement cost, the cost of the land shall not be included.

(Ord. No. 4738-20, § 2(Exh. B), 7-2-2020)