Chattanooga City Zoning Code

(a)

Applicability of Dimensional Requirements .....

(1)

All structures must meet the dimensional requirements of the zone in which the structure is located. No existing structure may be enlarged, altered, reconstructed, or relocated in a manner that conflicts with the requirements of the zone in which the structure it is located unless a variance is approved. .....

(2)

The location of required setbacks on irregularly shaped lots will be determined by the Director of the Land Development Office. The determination will be based on the spirit and intent of this Code to achieve an appropriate spacing and location of buildings on individual lots. .....

(b)

Development on Individual Well and Septic Tanks .....

The minimum lot area requirement for development of lots on individual wells and septic tanks is 25,000 square feet. Only single-unit detached dwellings are permitted on lots served by individual wells and septic tanks.

(c)

Number of Structures on a Lot .....

(1)

Lots used for single-unit (detached or attached), two-unit, three-unit, or four-unit dwellings are limited to one principal building per lot. An accessory dwelling unit is not considered a principal building. .....

(2)

For all other uses, there may be more than one principal building on a lot, but all buildings must comply with all standards of the zone. .....

(d)

Structures Prohibited in Utility Easements .....

Permanent structures, including buildings, retaining walls, and decks, and accessory structures, are prohibited within utility easements unless otherwise approved by the authorizing agency.

If any structures are located within a utility easement and repair or replacement of the utility is needed, neither the City nor the utility is responsible for the replacement of any structures that may be damaged.

(e)

Sight Visibility .....

All hedges, fences, shrubs, or other obstructions located at street intersections must comply with the sight visibility requirements of of the City Code.

(f)

Lots to Front on a Street .....

(1)

Residential .....

(i)

Every residential building hereafter erected, reconstructed or structurally altered must be located on a lot fronting a public street, except for any recorded lot that is currently five acres or larger in size and was five acres or larger in size at the time it was annexed into the City and has a recorded access easement that is at least 15 feet wide for each lot it serves but not required to exceed 50 feet. This does not apply to cottage court developments. .....

(ii)

The Board of Appeals may grant a variance to this requirement if the following two conditions are met: .....

a.

The recorded lot was smaller than five acres at the time it was annexed into the City. .....

b.

The recorded lot has a recorded access easement that is at least 15 feet wide for each lot it serves but not required to exceed 50 feet. .....

(iii)

Residential structure or structures meet the definition of a Horizontal Property Regime (HPR) as defined in T.C.A. § 66-27-103. However, the residential structures must comply with the allowed uses within the individual zones. .....

(2)

Nonresidential .....

Every nonresidential structure erected, reconstructed, or structurally altered must be located on a lot fronting a public or private street or a permanent recorded easement.

(g)

Special Exception for Movement of Single-Unit Dwellings .....

(1)

Intent .....

In order to ensure that the movement of single-unit dwellings is compatible to the area where the residence is to be moved, the following guidelines and criteria listed (pursuant to T.C.A. §§ 13-3-501 through 504) must be followed by the specified body as referred to below.

(i)

This applies to single-unit dwellings only and does not apply to manufactured homes. .....

(ii)

"Developed area of single unit residences" (as used in this part) means an area generally referred to as a subdivision as indicated on a plat filed in the Register of Deeds Office. .....

(2)

Requirements .....

Requirements for moving single-unit dwelling from one foundation to another are as set forth below.

(i)

No single-unit dwelling may be moved from an existing foundation to another foundation located within a developed area of single unit residences unless: .....

a.

The dwelling to be moved is consistent with the age, value, size, and appearance of existing dwellings within the developed area of single-unit dwellings to which the single-unit dwelling is to be moved and provided that the value of the dwelling may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; and .....

b.

Approval for the movement of the single-unit dwelling to a foundation within a developed areas of single-unit dwellings has been given by the following specified body: .....

1.

The homeowners' association of the development where the dwelling is to be moved, if a homeowner's association is in existence. .....

2.

A neighborhood association where the dwelling is to be moved that has been in existence for more than one year prior to the date the dwelling is to be moved, if a neighborhood association is in existence in the area. .....

3.

The Planning Commission by issuance of a special exceptions permit, if (1) or (2) above does not apply. .....

(3)

Age, Value, Size, and Appearance Criteria .....

The residence to be moved must be consistent with:

(i)

The age of existing dwellings within the developed area of single-unit dwellings if the dwelling to be moved is within ten years of the average age of the existing structures within the developed area. .....

(ii)

The value of existing dwellings within the developed area of single-unit dwellings, if the valuation of the dwelling being moved appraised, prior to being moved, at a value that is at least equal to the average appraisal of the existing structures within the developed area; provided that nothing in this subdivision must be construed to prevent such dwelling from exceeding the value of such existing dwellings. In establishing the value of existing dwellings, the value of modular homes located in such developed area cannot be used in arriving at the average appraisal of the existing structures. .....

If the value of the dwelling, prior to being moved, appraised at a value that is at least equal to the average appraisal of the existing structures within the developed area, then it is presumed that such dwelling will appraise at least at the same or greater value once it is moved.

In obtaining approval from the specified body as proof that the value of the dwelling or appearance of the dwelling is consistent with the value or appearance of such existing dwellings, evidence may be presented that includes photographs of the inside and outside of the residence to be moved as well as the appraised value of such dwelling as determined by the assessor of property, or the fair market value of such dwelling as determined by an independent appraiser. Such proof must be a rebuttable presumption that the value and appearance of the dwelling is at least equal to the value and appearance of the existing structures within the developed area. Additional documents showing intended improvements may also be presented.

(iii)

The size of existing dwellings within the developed area of single-unit dwellings, if the size of the dwelling being moved is at least within 100 square feet of the average size of the existing dwellings within the developed area, provided that nothing in this subdivision must be construed to prevent such dwelling from exceeding such average square footage. In establishing the average size of existing structures, the square footage of a modular home cannot be used in making such calculations. .....

(iv)

The appearance of existing dwellings within the developed area of single-unit dwellings as determined by the specified body giving its approval for the single-unit dwelling to be moved to the developed area. .....

(4)

Enforcement .....

(i)

An approval letter from the specified body, along with documentation of the required criteria, must be submitted to the Land Development Office before the issuance of a building permit for the movement of a single-unit dwelling. .....

(ii)

All structural improvements which will affect the value and appearance of the dwelling moved to the developed area of single-unit dwellings must be made to such dwelling in accordance to applicable codes and ordinances in effect. If improvements have not been completed on the dwelling at least equal to the average standards in the developed area, such dwelling is deemed to be in violation of the local government building codes, and penalties associated with such violations may begin to accrue in accordance with all relevant local building codes and ordinances adopted and in effect in the local jurisdiction where the residence is located. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14222, § 1, 4-15-25)

(a)

A. Lighting Plan Required .....

(1)

A lighting plan is required for all nonresidential uses, mixed-use, and multi-unit developments. Other developments are exempt from a required lighting plan but are subject to applicable lighting standards of Item B below. .....

(2)

A lighting plan must include the following: .....

(i)

A plan showing all light pole locations, building-mounted lights, bollard lights, and all other lighting. .....

(ii)

Specifications for luminaires, including certifications of energy efficient lighting, and lamp types, and poles, including photographs or drawings of proposed light fixtures. .....

(iii)

Pole and luminaire details including pole height, height of building-mounted lights, mounting height, and height of the luminaire. .....

(iv)

Elevations of the site including all structures and luminaires sufficient to determine the total cutoff angle of all luminaires and their relationship to abutting parcels. .....

(v)

For developments subject to site plan review, photometric plans that show the footcandle measurement at all lot lines may be required if the lot is adjacent to a residential zone. .....

(vi)

Other information and data reasonably necessary to evaluate the required lighting plan. .....

(b)

Lighting Standards .....

(1)

The maximum allowable footcandle at any lot line is one footcandle. .....

(2)

All luminaires must be full cutoff luminaire design. .....

(3)

The maximum total height of a freestanding luminaire is 20 feet in a nonresidential zone, and 15 feet in a residential zone. .....

(4)

All outdoor luminaires must be located and adequately shielded so that there is no glare onto adjacent lots or onto the public right-of-way. Exterior spot lighting or other illumination of non-residential uses or structures shall be directed away from any residential zones or uses. .....

(5)

Those uses required to submit a lighting plan, per item A above, are also subject to the following: .....

(i)

All public lighting sources must have a correlated color temperature (CCT) at or below 3200ºK. This does not apply to outdoor recreation fields. .....

(c)

Exceptions to Lighting Standards .....

(1)

Luminaires used for public roadway illumination or installed by a utility to light public rights-of-way are exempt from the requirements of this Code. .....

(2)

All temporary emergency lighting required by public safety agencies, other emergency services, or construction are exempt from the requirements of this Code. .....

(3)

Shielded, directional accent lighting, or uplighting is permitted but must be aimed at a building facade, sign, or accent feature, such as landscape, and directed so that glare is not visible from adjacent properties. However, such lighting must not exceed one footcandle at any lot line. .....

(4)

Security lighting installed with a motion vacancy sensor, which extinguishes the lights within 15 minutes after the area is vacated. .....

(5)

Because of their unique requirements for nighttime visibility and limited hours of operation, outdoor recreational fields (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, driving ranges, and other similar uses are exempt from the lighting standards of Item B above and subject to the following: .....

(i)

Recreational fields are permitted a total luminaire height of 65 feet in any zone. Luminaires greater than 65 feet in total height may only be approved by conditional use. .....

(ii)

All lighting must be directed onto the field. .....

(iii)

Lighting outside the recreational field, such as for parking areas, must comply with the lighting standards of Item B above .....

(iv)

The recreational field lighting must be extinguished one hour following the end of the event. Lighting outside the recreational field, such as for parking areas, is not subject to this timeframe in order to facilitate patrons leaving the facility, cleanup, nighttime maintenance, and other closing activities. .....

(6)

Temporary holiday and seasonal lighting designs are exempt from the requirements of this Code. .....

(7)

Certain temporary uses may use lighting that does not meet the requirements of this section. When such temporary uses are allowed, approval of the lighting plan is required as part of the temporary use permit. .....

(d)

Prohibited Lighting .....

(1)

Flickering or flashing lights, except that this does not include decorative gas lamps. .....

(2)

Searchlights, laser source lights, or any similar high intensity. .....

(3)

The use of neon or LED lighting to outline doors, windows, architectural features, and building facades. This does not apply to uplighting of architectural features and building facades as permitted above. .....

(4)

Any light fixture that can be confused with or construed as a traffic control device. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)

An encroachment is the extension or placement of an architectural feature into a required setback. Permitted encroachments are indicated in Table 38-48.1: Permitted Encroachments into Required Setbacks.

(a)

Article XI contains regulations for accessory structures, which may include additional permissions or restrictions on their permitted encroachment into required setbacks. Additional regulations from uses within Article IX may also include additional permissions or restrictions on their permitted encroachment into required setbacks. .....

(b)

When an architectural feature regulated by Table 38-48.1 is allowed within a yard, it is also allowed within the required setback, subject to any additional standards. .....

(c)

When an architectural feature regulated by Table 38-48.1 is prohibited from encroachment into a required setback, it may be allowed within the corresponding yard unless specifically prohibited by the Table. .....

(d)

Unless specifically allowed by the Table, no architectural feature may project into a right-of-way or over a lot line. .....

(e)

All permitted encroachment must comply with the Fire Code, which may further restrict encroachments. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24)

All uses must comply with the performance standards established in this section unless any federal, state, or local law, code, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive standard applies.

(a)

Noise .....

All activity must comply with the City's noise ordinance in , Article 3 of the City Code.

(b)

Glare and Heat .....

Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines.

(c)

Vibration .....

No earthborne vibration from the operation of any use may be detectable at any point off the lot on which the use is located.

(d)

Dust, Air, and Water Pollution .....

(1)

Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscape, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. .....

(2)

Storage of materials must include all proper precautions to protect any surface water or groundwater sources, whether natural or manmade, from contamination. .....

(e)

Discharge and Disposal of Hazardous Waste .....

The discharge of fluid and the disposal of hazardous waste materials must comply with applicable federal, state, and local laws, and regulations governing such materials or waste. Hazardous material waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws.

(f)

Electromagnetic Interference .....

Electromagnetic interference from any operation of any use must not adversely affect the operation of any equipment located off the lot on which such interference originates.

(g)

Odors .....

Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the public health and welfare, or which interferes unreasonably with the comfort of the public, must be removed, stopped, or modified to remove the odor.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24