02 17 Chapter NONCONFORMITIES Nonconforming Lots Franklin Zoning Ordinance Effective January 1, 2023 adjacent landowners; and C. 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. 2.3.4 Reconstruction of a New Structure An existing nonconforming structure, other than for a multifamily residential or manufactured home park use, may be torn down and a new structure of a building type permitted in the applicable zoning district may be reconstructed, provided the following is met: A. 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 B. 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. 2.3.5 Multifamily Residential New principal buildings 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 T.C.A. § 13-7-208. 2.3.6 Manufactured Home Parks Within a legally established manufactured home park, an existing manufactured home or mobile home (both definitions found at T.C.A. 68-126-202) may be replaced by another manufactured home on a one-per-one basis, pursuant to T.C.A 68-126-403. 2.4 Nonconforming Lots 2.4.1 Nonconforming Platted Lots A lot in a subdivision that was legally created by final plat and recorded prior to the effective date of this Ordinance that does not meet the dimensional standards of the applicable zoning district: A. May be developed with the uses permitted in the applicable zoning district; and B. Shall retain the approved dimensional standards and minimum required open space. 2.4.2 Nonconforming Lots of Record A lot that was legally created by deed or other legal mechanism before it was in the City or prior to the City and County initial adoption of the Subdivision Regulations that does not meet the dimensional standards of the applicable zoning district: A. May be developed with the uses permitted in the applicable zoning district; B. Shall comply with the dimensional standards of the applicable zoning district as closely as possible; and C. Must conform to all other applicable provisions of this Ordinance. 2.4.3 Governmental Acquisition Governmental acquisition of a portion of a lot for a public purpose that results in a reduction in dimensional standards below that required by this Ordinance shall not render the lot nonconforming.
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