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Sponsor advances bill to ease rebuilding rules for longstanding businesses; local governments urge caution
Summary
A bill and amendment to ease state-level restrictions on rebuilding nonconforming businesses (e.g., convenience stores) passed the subcommittee after testimony from a business owner who said local codes force costly reconfiguration. Municipal advocates warned the change would undo longstanding local protections for nonconforming uses statewide.
Representative Caplan presented an amendment to a local‑origin bill (HB 1657) to change state zoning law affecting nonconforming uses and the conditions under which a business may rebuild. William Durham, who owns a chain of convenience stores, said city codes now require rebuilding that would force him to reorient buildings and pumps, imposing significant cost. "We're trying to reinvest in my community," Durham said, urging the committee to allow a way to rebuild without having to conform to newly adopted site rules that would effectively force him to flip store orientation.
Chad Jenkins of the Tennessee Municipal League told the committee the amendment would remove two core limits on nonconforming rebuilding — the 'necessary to the conduct of such industry or business' clause and setback/height/site requirements — and cautioned it would become a statewide change affecting many local nonconforming uses. Jenkins warned the amendment risked opening a broad "Pandora's box" of local planning problems. The amendment was adopted by the subcommittee and the bill advances to the next calendar; several members said they prefer to address local zoning matters at the municipal level but accepted the sponsor's amendment after debate.
