§ 151.137 CONTINUATION OF NONCONFORMING RESIDENTIAL USE OR STRUCTURE.
   (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)