The provisions of this section are applicable to all uses which are not permitted within the districts in which they are located.

A.

Continuation of Nonconforming Use

Any nonconforming use which existed at the time of enactment of this ordinance and which remains nonconforming, or any use which shall become nonconforming upon enactment of this ordinance, or any subsequent amendments thereto may be continued subject to the provisions contained in this chapter. Provided, however, that nothing herein shall be construed to authorize the continuation of any illegal or nonconforming use which was illegal prior to the adoption of this ordinance.

B.

Repairs and Alterations

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(1)

Incidental Alterations

Incidental alterations as defined by this ordinance, may be made to a building or other structure occupied by a nonconforming use, or in connection with a permitted change of a nonconforming use.

(2)

Alterations Other Than Incidental Alterations

No alterations other than incidental alterations shall be made to a building or other structure occupied by a nonconforming use, except as provided below or when made:

(a)

In order to comply with requirements of law regarding fire protection, safety of the structure, etc., or

(b)

In order to conform to the applicable district regulations or performance standards.

(3)

Alteration of Commercial and Industrial Uses

Any commercial or industrial use subject to the provisions of this section shall be allowed to continue in operation and to make such alterations as may prove necessary for the continuation of said use. However, no alteration may be made which would result in a change from one nonconforming use and further provided that any such alteration permitted hereunder shall take place only upon the zone lot(s) on which said use was operating as of the effective date of this ordinance.

C.

Expansion

The nonconforming use of part of a building structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations an the use thereof conform to all the regulations of the district in which the building or structure is located.

(1)

Expansion of Commercial and Industrial Uses

Any commercial or industrial use subject to the provisions of this section shall be allowed to continue in operation and to expand provided that no expansion permitted under this section:

(a)

Shall result in a change of one nonconforming use unless such change results in a use which is less nonconforming than the previous use;

(b)

Shall infringe, or increase the extent or any infringement existing at the time of adoption of this ordinance, upon any open space required by this ordinance;

(c)

Shall take place beyond the zone lot(s) on which said use was operating as of the effective date of this ordinance.

D.

Change of Use

For the purpose of this chapter, a change in use is a change to another use either under the same activity type or any other activity type or major class of activity; however, a change in occupancy or ownership shall not, be itself, constitute a change of use.

A nonconforming use may be change to any conforming use, and the applicable bulk regulations and accessory off-street parking requirements shall apply to such change of use or to alterations made in order to accommodate such conforming use.

A nonconforming use may be changed to another nonconforming use provided that:

(1)

Structural alterations or enlargements are not made to the buildings and other structures;

(2)

The degree of nonconformity or noncompliance is not increased;

(3)

The nonconforming use to which such change is made will be less detrimental to the neighborhood than the existing nonconforming use.

E.

Damage or Destruction

If an existing nonconforming structure, other than for a multifamily residential use, is torn down, damaged, or destroyed, by any means, then a new structure permitted in the applicable zoning district may be reconstructed, provided the following is met:

(1)

There is a reasonable amount of space on the property so as to avoid nuisances to adjacent landowners. Any reconstruction or redevelopment must conform to all other applicable standards of this ordinance; and

(2)

The type, size, and intensity of the proposed reconstruction, such as the size of the site and the location of the nonconformity upon it, will be adequate with respect to minimizing any negative impacts on adjoining lots.

New principal building for a nonconforming multifamily residential use may be reconstructed only in the event of damage, whether partial or complete, by involuntary fire or wind damage or other natural disaster, pursuant to Tennessee Code Annotated, § 13-7-208.

F.

Discontinuance

(1)

When a nonconforming use is discontinued or abandoned for a period of 30 months, as specified by Tennessee Code Annotated, § 13-7-208, the use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such property or structure shall comply with the regulations of the zoning district in which such land or structure is located.

(2)

Operation only of an accessory use to the principal nonconforming use during the 30-month period shall not constitute continuation of the principal nonconforming use.

(3)

Nonconforming mobile homes on individual lots in any zone, except in the MH-2 District, Mobile Home Parks, shall not be replaced if removed or destroyed.

G.

Special Provisions Governing Nonconforming Buildings Within Floodplain Districts

(1)

General Provisions

In all districts or portions thereof, which extend into the floodplain districts as established by Chapter A-11, any building or other structure or use which is not permitted in the floodplain district provisions shall become nonconforming upon the effective date of this ordinance, or subsequent amendment as applicable.

(2)

Enlargements of Building Within the Floodplain

A building or other structure which is nonconforming by reason of location within the floodplain shall not be enlarged or expanded but may be altered, or repaired as set forth in Subsection B. above or as may be expressly authorized by the board of Zoning Appeals in order to incorporate floodproofing measures provided that such alteration will not increase the level of the 100-year flood or extend the normal life of such nonconforming building or structure.

(3)

Special Provisions Governing Reconstruction of Buildings or Structures Located Within the Floodway Portion of FP Floodplain Districts

Within any designated floodway any building or structure in existence prior to the effective date of this ordinance that is hereafter destroyed or substantially damaged by any means may be reconstructed and used as before only if the following requirements are met.

(a)

The reconstruction does not exceed the volume and external dimensions of the original structure or does not offer any greater obstruction to the flow of floodwaters than did the original structure.

(b)

Nonresidential structures may be reconstructed only if the lowest floor (including basement) elevation is at least one (1) foot above the level of the 100-year flood or the structure is floodproofed to a height of at least one (1) foot above the level of the 100-year flood.

(c)

Residential structures may be reconstructed only if the lowest floor (including basement) of the structure is elevated to a point at least one (1) foot above the level of the 100-year flood.

(d)

The level of the 100-year flood shall not be increased above that shown.

(Ord. No. 25-25, § 1(Exh. A), 9-16-2025)

The provisions of this section shall control buildings and other structures, including signs, which do not meet the bulk or any other provisions applicable in the districts in which they are located except those provisions which pertain to activity or use.

A.

Continuation of Use

The use of a noncomplying building or other structure or parcel may be continued, except as otherwise provided by this section.

B.

Repairs and Alterations

Repairs, incidental alterations, or structural alterations may be made in noncomplying buildings or other structures subject to the provisions contained herein.

C.

Enlargements or Conversions

A noncomplying building or other structure may be enlarged or converted, provided that no enlargement or conversion may be made which would either create a new noncompliance or increase the degree of noncompliance of a building or other structure or parcel of any portion thereof.

D.

Damage or Destruction

In all districts, when a noncomplying building or other structure is damaged by any involuntary means to the extent of fifty percent (50%) or more of its total floor area, such building or other structure may be reconstructed only in accordance with the applicable bulk regulations and other provisions of this ordinance.

In all districts, when any noncomplying sign is damaged or destroyed to the extent of fifty percent (50%) of its depreciated value at the time of destruction or damage then the sign shall be terminated or made to comply with the appropriate district regulations.