Chattanooga City Zoning Code

(a)

Submittal .....

All zoning applications must be filed as indicated in Table 38-71.1: Submittals. The application must be on forms provided by the City and filed in such quantity and with such submittals as required by the instructions.

(b)

Pre-Application Conference .....

Prior to formal submittal of an application, the applicant may, at their option, schedule a pre-application conference with the Regional Planning Agency (RPA). The purpose of a pre-application conference, which does not require a formal application or fees, is to provide informal advice and assistance to the applicant. Any opinions or advice provided are not binding with respect to any official action that may be taken on the formal application. No decision is made on the application.

(c)

Completeness .....

(1)

An application must include all information, plans, and data as specified in the application requirements. The Regional Planning Agency or Land Development Office, as applicable, will examine all applications to determine completeness. If the application does not include all the submittal requirements for the application, staff will reject the application and provide the applicant with the reasons for the rejection. No further steps to process the application will be taken until all deficiencies are remedied. .....

(2)

After an application is determined to be complete and before action is taken on the application, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees. Once the application is under consideration by the appropriate bodies, additional information or revisions are not subject to this provision. .....

(d)

Fees .....

Each application must be accompanied by the required filing fee, as established and modified, from time to time. The failure to pay such fee when due is grounds for refusing to process the application and renders the application incomplete. If an application is submitted by the City Council or Planning Commission, all fee requirements are considered waived.

(e)

Deferral or Withdrawal of Application .....

(1)

To request to defer or to withdraw an application prior to scheduled Planning Commission meeting the applicant must submit a written request to defer or withdraw their application to the Regional Planning Agency using the appropriate form available from the Regional Planning Agency. An applicant may request to defer their request in writing within five business days following the zoning application deadline. .....

(2)

The zoning application deadline is the third Monday of the month. Any request to defer a case after the five business day period following the zoning application deadline must be made at the scheduled Planning Commission meeting. Action to allow deferral of the zoning application will be determined by the Planning Commission. .....

(3)

If the Planning Commission takes official action to defer the request the application cannot be automatically withdrawn without the approval of the Planning Commission. .....

(4)

An applicant may request to withdraw their request in writing no later than 12:00PM Noon the Wednesday before the scheduled Planning Commission meeting. Such requests will be honored. RPA staff will place a "Withdrawn" sticker on the notification sign. .....

(5)

The applicant shall be responsible for removing the notification sign with the withdrawn sticker by no later than the Friday immediately after the public hearing of the Planning Commission date of which the case was scheduled for review. .....

(6)

Withdrawal or deferral requests that do not meet these guidelines must be made verbally at the regularly scheduled meeting of the Planning Commission. .....

(f)

Consideration of Successive Applications .....

(1)

A petition for a map amendment, closure and abandonment, or special permits will not be accepted for a period of one year following denial of a previous petition involving the same property or any part thereof. .....

(2)

The Board of Appeals will not rehear any case upon the same grounds within a minimum period of one year of its previous hearing date. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14202, § 1, 2-18-25)

(a)

Required Notice. .....

Table 38-72.1: Zoning Approvals Required Notice indicates the types of notice required for zoning applications. If the specific requirements of a zoning approval process contain contradictory information to Table 38-72.1, the specific requirements of the zoning approval control.

(b)

Published Notice. .....

When published notice is required by Table 38-72.1, the City will publish notice in a newspaper of general circulation within the City. The notice must include the date, time, place, and purpose of such hearing/meeting, the name of the applicant, and the address of the subject property.

(1)

For the Board of Appeals, notice must be published no less than seven (7) days in advance of the scheduled action. .....

(2)

For the City Council, notice must be published no less than twenty-one (21) days in advance of the scheduled action. .....

(c)

Mailed Notice. .....

(1)

For applications to the Board of Appeals, the Board of Appeals will mail written notice at least seven days in advance of the first scheduled action to all property owners within three hundred (300') feet of the property line of the subject property. The notice must include the date, time, place, and purpose of such action, the name of the applicant, and the address of the subject property. .....

(2)

When a zoning map amendment is proposed by the City, notification must also be mailed to the owner of the subject property. .....

(3)

Mailed notice is not required for comprehensive updates to the Zoning Map, as determined by the Regional Planning Agency in consultation with the Land Development Office and the Office of the City Attorney. .....

(4)

Nothing in this section is intended to prevent the applicant or the City from giving additional notice. .....

(d)

Posted Notice. .....

(1)

A sign furnished by the Regional Planning Agency (RPA), or the Land Development Office must be prominently posted by the applicant on the site of the subject property a minimum of fifteen (15) consecutive days prior to a Planning Commission, Form Based Code or Board of Zoning Appeals meeting. Signs must be posted no earlier than five days after the application has been accepted by the Regional Planning Agency, or the Land Development Office. The applicant must post the sign provided by the Regional Planning Agency or the Land Development Office as follows: .....

(i)

Signs must be posted at the right-of-way of primary street or road on which the property fronts, and any additional areas if required by the RPA or the Land Development Office staff. .....

(ii)

Signs must be mounted on flat hard surface to prevent curling or bending of sign. .....

(iii)

Signs must be nailed or tied to a tree or mounted on stakes and visually free from obstruction to the primary road. .....

(2)

Signs improperly displayed may be ruled as a violation to the process and may result in deferral of the meeting. The applicant is responsible for replacing signs which are damaged or lost. .....

(3)

Signs must be maintained throughout the process until the City Council, Form Based Code Committee, or the Board of Appeals has taken final action on the request. .....

(4)

The applicant is responsible for removing the sign after the final governmental action. .....

(5)

Posted notice is not required for comprehensive updates to the Zoning Map, as determined by the Regional Planning Agency in consultation with the Land Development Office and the Office of the City Attorney. .....

(e)

Additional Notice. .....

(1)

A copy of a Regional Planning Agency (RPA) application must be forwarded to the City Council member that represents the zone where the property is located fifteen (15) days prior to the Planning Commission hearing of the application. .....

(2)

For all applications to the Regional Planning Agency (RPA) that are to be reviewed by the Planning Commission, the RPA staff will notify the Neighborhood Association(s) contact person on file with the RPA and all property owners of properties that abut the area of the request no less than fifteen (15) days prior to the Planning Commission meeting by first class mail. No further notification is required. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14169, § 1, 11-19-24; Ord. No. 14181, § 1, 12-17-24; Ord. No. 14202, § 1, 2-18-25; Ord. No. 14339, § 1, 3-17-26)

Unless specifically addressed in this section, all provisions of Tenn. Code Ann. § 13-4-310 are adopted and incorporated by reference.

(a)

Subject to item (f), a vested property right is established, with respect to any property upon the submission of a preliminary development plan, a final development plan where no preliminary development plan is required by ordinance or regulation, or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period in item f, the City's development standards in effect on the date of said approval remain the development standards applicable to that property or building during the vesting period in item (f). .....

A vested property right is not established unless the plan or building permit substantially complies with the requirements of the local development ordinances and regulations.

During the vesting periods, the locally adopted development standards that are in effect on the date of submission or a preliminary development plan or the date of approval of a building permit, as described by this section (a) shall remain the development standards applicable to that property or building during the vesting period.

(b)

Development Standards .....

Development Standards means all locally adopted or enforced standards, regulations or guidelines applicable to the development of property, including, but not limited to, planning; local storm water requirements, layout, design; local construction standards for buildings, streets, alleys, curbs, sidewalks; zoning as provided for in subsection (g); lot size; lot configuration; yard dimensions; and off-site improvements, including public or private infrastructure, in which an applicant may acquire vested rights or vested property rights according to this section; and, does not include standards required by federal or state law; or building construction safety standards which are adopted pursuant to authority granted under Tenn. Code Ann. § 68-120-101.

(c)

Submission .....

For purposes of Sec. 38-73 "submission" means the date on which an applicant submits to the Land Development Office or the Regional Planning Agency, as appropriate, a complete application of a building permit or development plan listed in (e) below.

(d)

Substantial Compliance .....

For purposes of "substantial compliance" means that an application includes all required documents, plans, and forms, and that each submission is complete, accurate, and conforms to the city's zoning ordinance, subdivision provisions, and all applicable general regulations. The application must demonstrate that the proposed plan meets the intent and substantive requirements of all applicable codes, even if minor, technical, or non-material errors or omissions are present.

To be deemed substantially compliant, an application must:

(1)

Include all documents, plans, and forms as required by the city's application checklist and development procedures manual. .....

(2)

Ensure that all submissions are internally consistent, to scale, and legible. .....

(3)

Demonstrate general conformity with: .....

a.

The Zoning Ordinance (e.g., lot size, density, use, setbacks), .....

b.

The Subdivision Regulations (e.g., block length, access, easements), .....

c.

All relevant building codes, engineering standards, utility requirements, and design criteria. .....

(4)

Address any public health, safety, and welfare concerns associated with the proposed development. .....

(5)

Include any supporting studies or documentation (e.g., traffic impact analysis, drainage reports, utility availability letters) as applicable or required. .....

Substantial compliance does not preclude future minor amendments, but the application must clearly demonstrate intent to fully comply with all mandatory provisions and not contain any material defects that would:

(1)

Preclude meaningful review by city staff or approving authorities, .....

(2)

Result in nonconformance with adopted plans or ordinances, or .....

(3)

Compromise the public interest or administrative integrity of the approval process. .....

(e)

A vested property right is established with respect to any property upon the following submission: .....

(1)

Submission of preliminary subdivision plat. .....

(2)

Submission of final subdivision plat. .....

(3)

Submission of a final plat that meets the definition of a staff approved subdivision plat upon the date of the last signature of approval required on the plat for recording. .....

(4)

Submission of a special exception permit required to complete a site or development plan. .....

(5)

Submission of a planned unit development. .....

(6)

Any other submission or issuance specified in Tenn. Code Ann. § 13-4-310. .....

For Purposes of and Tenn. Code Ann. § 13-4-310 (e) the following submittals are not considered to be a preliminary and final development plan for establishing vesting rights:

1.

Site Plans/Conceptual Plan submitted for rezoning applications are not considered to be a preliminary or final development plan and the submission of such as part of a rezoning application does not trigger vested rights. .....

(f)

Per Tenn. Code Ann. § 13-4-310, the applicable vesting periods are as follows. .....

(1)

Building Permit .....

Unless an extension is granted by the local government, the vesting period applicable to an approved construction project for which a building permit has been issued begins on the date of issuance of the building permit by the local government and remains in effect for the time period authorized by the approved building permit, including any approved renewal obtained by the applicant prior to the expiration or termination of the permit to be renewed; provided, that the applicant pursues with reasonable diligence site preparation, if applicable, and construction.

(2)

Development Plan .....

(i)

The vesting period applicable to a development plan is a period of three years, beginning on the date of the submission of the preliminary development plan, provided that the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period. If the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period, then the vesting period may be extended an additional two years to commence construction from the date of the expiration of the three-year period. During this two-year period, the applicant must commence construction and maintain any necessary permits to remain vested. .....

(ii)

If construction commences during the vesting period, the development standards applicable during the vesting period remains in effect until the local government has certified final completion of the development or project, provided the total vesting period for the project cannot exceed ten years from the date of the submission of the preliminary development plan unless the local government grants an extension pursuant to an ordinance or resolution, provided further that the applicant maintains any necessary permits during the ten year period. .....

(iii)

In the case of developments which proceed in two or more sections or phases as described in the development plan, there is a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the preliminary development plan for the first section or phase of the development remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases cannot exceed 15 years from the date of the submission of the preliminary development plan for the first section or phase unless the local government grants an extension pursuant to an ordinance or resolution, provided further that the applicant maintains any necessary permits during the 15 year period. .....

(g)

In accordance with Tenn. Code Ann. § 13-4-310(f), the City may terminate the applicant's vested rights under the following circumstances. .....

(1)

If the City finds in writing that the applicant violated terms and conditions specified in the approved development plan or building permit, the applicant will receive notice and has 90 days from the date of notification to cure all violations. .....

(2)

If the City finds in writing that the applicant violated terms and conditions specified in a City ordinance or resolution, the applicant will receive notice and has 90 days from the date of notification to cure all violations. .....

(3)

If the City finds in writing that the applicant: 1) intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan; or 2) knowingly did not construct the development in accordance with the issued building permit, approved development plan, or approved amendment for the building permit or development plan. In such case, the applicant has no right to cure the violations. .....

(4)

If the City is required to enforce a state or federal law, regulation, rule, policy, corrective action, or other governance that precludes the development as contemplated in the approved development plan or building permit, the vested rights terminate unless within 90 days the applicant modifies the development plan or building permit in a way that brings the applicant into compliance with the new governance. .....

(h)

A vested right does not preclude the City's enforcement of any development standard in accordance with any circumstances described in Tenn. Code Ann. § 13-4-310(g). .....

(i)

In accordance with Tenn. Code Ann. § 13-4-310(h), any amendment to an approved development plan must first be approved by the City in order for the property rights to remain vested. The City may deny an amendment in accordance with Tenn. Code Ann. § 13-4-310(h) and, if such amendment is denied, the applicant may either proceed with no changes to the prior approved plan with the associated vested property right or, alternatively, may allow the vested property right to terminate and submit a new application in compliance with the development standards in effect at that time. .....

(j)

A local government cannot require an applicant to waive the applicant's vested rights as a condition of approval or as a consideration of approval of a development plan or the issuance of a building permit. .....

(k)

A vested property right attaches to and run with the applicable property and confers upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14319, § 1, 1-20-26)