- TITLE, PURPOSE, & APPLICABILITY
This Zoning Code, which incorporates the Official Zoning Map, is known, cited, and referred to as the "Chattanooga Zoning Code," "Zoning Code," or "Code."
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)
The intent of this Code is to establish land use regulations to serve the City of Chattanooga. The purpose of this Code is to:
(a)
Promote the public health, safety, and welfare. .....
(b)
Promote orderly development of the City and implement the plans and policies adopted by the City. .....
(c)
Assign zones to land within the City, according to use of land and structures, bulk of structures, intensity of the use of the lot, or other classification, as deemed best suited to carry out the purposes of this Code and adopted policies. .....
(d)
Preserve and enhance the character of structures and communities that constitute the distinct places within the City. .....
(e)
Provide a diversity of housing choices for all income levels and groups with an emphasis on affordability. .....
(f)
Promote economic development that balances the needs of the current and future economy with a high quality of life standard. .....
(g)
Preserve open space and natural areas, provide opportunities for multi-modal transportation, utilize existing infrastructure and resources, and preserve quality of life. .....
(h)
Provide for preservation, protection, and conservation of natural resources and historic resources. .....
(i)
Promote principles of sustainability and resiliency. .....
(j)
Create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. .....
(k)
Provide for procedures for the administration of the Code and efficient review of development proposals. .....
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)
(a)
Territorial Application .....
This Code applies to all land, uses, and structures within the City. The regulations of this Zoning Code apply to private property. The regulations of this Code do not apply to the public right-of-way.
(b)
General Application .....
In their interpretation and application, the provisions of this Code are held to be the minimum requirements for the promotion and protection of the public health, safety, and welfare.
(c)
Relation to Private Agreements .....
This Code does not nullify any private agreement or covenant. However, where this Code is more restrictive than a private agreement or covenant, this Code controls. The City does not enforce any private agreement.
(d)
Relation to Other Laws and Regulations .....
Unless otherwise specifically provided, this Code controls over less restrictive statutes, ordinances, or regulations, and more restrictive statutes, ordinances, or regulations control over the provisions of this Code.
(e)
References to Other Codes and Laws .....
Whenever a provision of this Code refers to any other part of the City Code or to any other law, the reference applies to any subsequent amendment of that City Code provision or law.
(f)
Rules Regarding Illustrations and Graphics .....
Any illustrations, graphics, and/or photos contained in this Code are intended to assist the user in understanding the Code. If there is any inconsistency between the text of the Code and any such illustration, graphic, and/or photo, the text controls.
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)
(a)
Existing Uses .....
The following rules apply to uses operating as of the effective date of this Code:
(b)
Structures Rendered Nonconforming .....
Any structure that lawfully existed prior to the effective date of this Code, or any subsequent amendment to this Code, that does not meet all standards for the zoning district where it is located is classified as a nonconforming structure.
(c)
Lots Rendered Nonconforming .....
Any lot that was lawfully established prior to the effective date of this Code, or any subsequent amendment to this Code, that does not meet all standards for the zoning district where it is located, is classified as a nonconforming lot. In addition, see Section 18.4 Nonconforming Lots.
(d)
Unlawful Uses, Structures, or Lots .....
Any use of land, structure, or lot unlawfully existing prior to the effective date of this Code continues to remain unlawful.
(e)
Previously Granted Variances .....
All variance approvals granted prior to the effective date of this Code, or any subsequent amendment to this Code, remain in full force and effect. The recipient of the variance may proceed to develop the property in accordance with the approved plans and all applicable conditions of the variance, including the period of validity for the variance.
(f)
Existing Planned Unit Developments .....
Approved planned unit developments (PUD) remain in effect and continue to control the development of land that is subject to the PUD. Any amendments to an existing PUD are subject to the amendment procedures of this Code. Vesting provisions are contained in .
(g)
Existing Conditional Zoning Amendments .....
Zoning conditions related to use, dimensions, landscaping, parking, height, or other restrictions may be in place on property. Since 1984, zoning conditions have been added to zoning by Chattanooga Council Ordinance through the rezoning process. Any and all conditions placed by ordinance (unless otherwise amended or lifted) are still effective/active with adoption of the new zoning map on December 18, 2024.
The zoning conditions placed by ordinance prior to the adoption of the new zoning map remain in effect on the new zone adopted as the official zoning map on December 18, 2024.
Vesting provisions are contained in , Vesting.
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14222, § 1, 4-15-25)
(a)
All references to other regulations, documents, maps, or manuals in this Code refer to the most current version and citation for those regulations, documents, maps, or manuals, unless expressly indicated otherwise. .....
(b)
If the referenced regulations or documents have been repealed and not replaced by other regulations or manuals, Code requirements for compliance are no longer in effect. .....
(c)
Whenever a provision of this Code refers to any other part of the City Code or to any other law, the reference applies to any subsequent amendment of that law. .....
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)
Should any section, subsection, phrase, clause, or provision of this Code be declared by a court of competent jurisdiction to be invalid, the same does not affect the validity of the Code as a whole or any part thereof, other than the part so declared to be invalid.
(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)