Zoning Ordinance

CHAPTER 5: - EXCEPTIONS AND MODIFICATIONS

5.01. SCOPE.

Chapter 5 of this ordinance is devoted to providing for the necessary exceptions and modifications to the specific zoning district provisions and the supplementary provisions provided for in Chapter 3 and Chapter 4.

5.02. NONCONFORMING USES.

It is the intent of this ordinance to recognize that the elimination, as expeditiously as is reasonable, of the existing buildings and structures or uses that are not in conformity with the provisions of this ordinance is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to so administer the elimination of nonconforming uses, buildings, and structures as to avoid an unreasonable invasion of established private property rights. Lawful nonconforming uses, buildings, and structures existing at the time of the passage of this ordinance or any amendment thereto shall be allowed to remain subject to the following provisions:

A. A nonconforming use of land shall be restricted to the parcel occupied by such use as of the effective date of this ordinance. A nonconforming use of a building or buildings shall not be expanded unless it complies with the regulations of the current zoning district after the effective date of this ordinance.

B. Any nonconforming building or nonconforming use, which is damaged by fire, flood, wind, or other act of God or man, may be reconstructed and used as before, if it be done within six (6) months of such damage, unless damaged to extent of more than fifty (50) percent of its fair market value immediately prior to damage in which case any repair or reconstruction shall be in conformity with the provisions of this ordinance.

C. A nonconforming building or building housing nonconforming use shall not be structurally altered except in conformance with the provisions of this ordinance. This provision shall not be construed to prevent normal maintenance and repairs or alterations required for structural safety.

D. Non-conforming industrial, commercial, or other business establishments will be allowed to increase in size or demolish and rebuild within the nonconforming district, unless it ceased to operate for a period of thirty (30) continuous months, per TCA 13-7-208.

5.03. EXCEPTIONS TO HEIGHT LIMITATIONS.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, silos, grain elevators,

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