The illegal sign situation poses different problems. The fireworks stand may not move to another location within the city.
§ 13-7-208 to continue to operate on this property.
If this is the case, then the business has the right under Tenn. Section 7-501 of your city code provides that: "it shall be unlawful to sell, possess or shoot firecrackers, skyrockets, roman candles, toy cap pistols and torpedoes or any other like explosives within the corporate limits." I assume that the fireworks stand was operating legally prior to this ordinance being adopted in 1983. The fireworks stand was probably "grandfathered in" under this statute. § 13-7-208, commonly called the preexisting nonconforming use statute, which generally provides that any business establishment in operation immediately preceding a change in zoning shall be allowed to continue and expand operations so long as no change of use is undertaken. The best example of a grandfather clause is Tenn. The fireworks stand has been "grandfathered" to allow its continued use, however, the sign has not been "grandfathered," it remains an illegal use that has not been enforced. You mentioned two examples: (1) an existing fireworks stand that is allowed to operate at the same location although the sale of fireworks is otherwise prohibited and (2) a sign that was erected in violation of a zoning ordinance but which has never been removed. You also mentioned a couple of situations in your city where this issue may arise.īlack's Law Dictionary defines "grandfather clause" as "an exception to a restriction that allows all those already doing something to continue doing it even if they would be stopped by the new restriction." Thus, "grandfathering" is allowing an existing operation or conduct to continue legally when a new operation or conduct would be illegal. You asked for a simple, useful definition of "grandfathering" in the sense of allowing a preexisting use to continue despite a later regulation.
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