Nonconformities are declared by this code to be incompatible with permitted uses in the districts in which such use is located. Where, at the time of adoption of this code, lawful uses of land, structures, or a combination thereof, exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, constructed, reconstructed, nor extended to occupy a greater area of land or structure than was occupied at the effective date of this code.
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this code, but no such use shall be extended to occupy any land outside such building.
(c) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(d) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(e) Substitution of Nonconforming Uses.
(1) So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may be changed to another nonconforming use of the same classification or of a less intensive classification if approved by the MPC as a conditional use. As part of the review, the MPC shall be required to find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use.
(2) In permitting such change, the MPC may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this code.
(3) Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use. However, in any residential district, no change shall be authorized by the MPC to any use which is not a permitted or conditional use in any residential district.
(f) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned for more than one year, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original floor plan and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the MPC may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises if approved by the MPC as a conditional use (e.g., adaptive reuse of a pre-existing building). Appropriate safeguards, conditions and design standards may be required by the MPC so as to minimize the impact of such continuance on the surrounding area.
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming residential use, in any district, is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided the structure and use meet the same size in height and footprint, as well as complying with the same setbacks as previously existed. Such reestablishment of the use shall require the issuance of a zoning permit, which must be issued within twelve (12) months of the damage or the use shall not be reestablished.
B. If any building containing a nonconforming use, other than a nonconforming residential use, is damaged, but not to an extent greater than fifty percent (50%) of the principal structure's reconstruction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage. Such reestablishment of the use shall require the issuance of a zoning permit, which must be issued within twelve (12) months of the damage or the use shall not be reestablished.
C. If any building containing a nonconforming use, other than a nonconforming residential use, is damaged beyond fifty percent (50%) of the principal structure's reconstruction value, such structure and use may only be reestablished in accordance with this code.
D. Determination of the reconstruction value shall be based on the market value of the property as established by the Knox County Auditor. (Ord. 2024-032. Passed 7-22-24.)