Chattanooga City Zoning Code

(a)

Authority to Continue .....

Any use, structure, or lot that existed as a legal nonconformity as of the effective date of this Code, and any use, structure, or lot that has been made nonconforming as of the effective date of this Code, and any subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise legal.

(b)

Burden on Property Owner .....

The burden of establishing the legality of a nonconformity under the provisions of this Code is the responsibility of the property owner or operator of the nonconforming use, structure, or lot.

(c)

Safety Regulations .....

All police power regulations enacted to promote public health, safety, and welfare, including, but not limited to, all building, fire, and health codes apply to nonconformities.

(d)

Signs. .....

Article XVIII. Nonconformities does not apply to Signs. See City Code . Violations declared nuisances; preexisting violations for nonconforming applicability to signs.

(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)

A nonconforming use is the use of a structure or land that at one time was an allowed use within a zone, but because of this Code, or a subsequent amendment to this Code, is no longer allowed. This includes nonconformities created by prior zoning codes or amendments to those codes.

(a)

Expansion .....

A legally established nonconforming use of a structure or land may be expanded, extended, enlarged, or increased, provided there is reasonable space for such expansion or extension that avoids nuisances to adjoining landowners.

(b)

Change of Use .....

A nonconforming use can only be changed to a use allowed within the zone where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the zone. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. Any change in use is deemed an abandonment of the previously existing nonconforming use.

(c)

Discontinuation or Abandonment .....

(1)

If a nonconforming nonresidential use is discontinued for a continuous period of one hundred (I 00) consecutive days, the nonconforming use terminates automatically. Any subsequent use of such land or structure must comply with all regulations of the zone in which the structure or land is located. .....

(2)

If a nonconforming use of an on or off premise sign is discontinued for a continuous period of one hundred (100) days, the nonconforming use terminates automatically, regardless of the intent of the landowner to continue or discontinue such nonconforming use. The nonconforming use of an on or off premise sign continues with the owner of the sign structure rather than the landowner or any other tenant of the landowner. .....

(3)

A nonconforming residential use is not subject to any discontinuance or abandonment. .....

(d)

Damage or Destruction .....

(1)

Nonresidential Uses .....

Nonresidential uses in operation and permitted to operate as nonconforming uses are allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such nonresidential use provided that no destruction and rebuilding occurs which changes the use classification of the land as classified under any zoning regulations or exceptions in effect.

(2)

Residential Uses .....

For nonconforming residential uses, if any of the following occur, the subsequent residential use must comply with all regulations of the zone in which it is located.

(i)

The structure containing the use is purposefully demolished by the owner. .....

(ii)

The structure containing the use is converted to a dwelling type allowed in the zone. .....

(iii)

The structure is damaged or destroyed through no fault of the property owner or tenant to the extent of 50% or more of its replacement value at the time. When such destruction is less than 50% of the replacement value at the time, a building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction. .....

(e)

Specific Standards for Nonconforming Manufactured Homes .....

Existing nonconforming manufactured homes in any zone may be replaced with a new manufactured home within one year of the date of the removal of the existing manufactured home. The replacement manufactured home may be a larger square footage so long as the manufactured home meets required setbacks. The manufactured home must meet all of the current regulations concerning plumbing, electrical, and other codes applicable to such units.

(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. 14278, § 1, 9-16-25)

A nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but because of this Code, or a subsequent amendment to this Code, does not conform. This includes nonconformities created by prior zoning codes or amendments to those codes.

(a)

Maintenance .....

Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

(b)

Structural Alterations .....

No structural alterations are permitted on any nonconforming structure, except in the following situations:

(1)

When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety. .....

(2)

When the alteration will eliminate the nonconformity. .....

(3)

When the alteration will not create a new nonconformity or will not increase the degree of any existing nonconformity. .....

(c)

Relocation .....

A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot only if the structure conforms to all regulations of the zone where it is relocated. However, the movement of single-unit dwellings may be permitted by Section 10.1.G.

(d)

Damage or Destruction .....

(1)

If a nonconforming structure is destroyed or damaged, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss if a building permit is obtained within one year of the date of damage or destruction. No reconstruction is permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity. .....

(2)

In the event that the building permit is not obtained within one year, then the structure cannot be restored unless it conforms to all regulations of the zone in which it is located. .....

(3)

As of the effective date of this Code, structures that do not comply with the following standards are deemed conforming in regard to these elements, and are subject to the following: .....

(i)

Required Build-To Zone or Build-To Line .....

When a structure does not conform to the required build-to zone or build-to line of the applicable zone, the structure is deemed conforming in regard to that standard and may be expanded or altered without having to conform to build-to zone or build-to line of the zone until the structure's building footprint is expanded by 50% or more. If expansions to the structure are incremental, this is calculated as the sum total of all expansions that occur after the effective date of this Code. Once the principal structure is demolished, deemed conforming status is null and void.

(ii)

Surface Parking Lot Location .....

When a structure does not conform to the required surface parking lot location of the applicable zone, the structure is deemed conforming in regard to that standard and may be expanded or altered without having to conform to parking lot location requirements of the zone until the structure's building footprint is expanded by 50% or more. If expansions to the structure are incremental, this is calculated as the sum total of all expansions that occur after the effective date of this Code. Once the principal structure is demolished, deemed conforming status is null and void.

(e)

Extension of Walls for Nonconforming Single-Unit Detached and Two-Unit Dwellings .....

Where a single-unit detached or two-unit dwelling is deemed nonconforming because a building wall of the principal structure is located within the required rear or interior side setback, the structure may be enlarged or extended horizontally or vertically along the same plane as the existing perimeter building walls, so long as the resulting structure does not violate any other zone regulation.

EXTENSION OF NONCONFORMING WALLS

(f)

Fenestration as part of Exterior Modification in a Form-based Code District .....

A nonconforming structure that does not conform to Sec. 38-698 Measurements and Exceptions, (5) Public Realm, A. Openings shall be allowed to have nonconforming fenestration if the following conditions are met:

•Would not create any new nonconformity or increase the degree of the previously existing nonconformity.

•Meets the intent of the Form-based Code per Sec. 38-692 (5) Intent.

(f)

Within the Special Flood Hazard Area Districts. .....

1.

Within the floodway and general floodplain districts, any expansion or enlargement of uses or structures is prohibited. .....

2.

Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this ordinance, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE). .....

3.

If any nonconforming structure is determined to be substantially damaged or substantially improved on the procedures outlined in the Substantial Damage and Substantial Improvement definitions, it may not be reconstructed except in conformity with the provisions of this ordinance. Any structures located outside the one-percent annual chance floodplain are exempt from this provision. .....

4.

Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provision of this Ordinance, shall be undertaken only if said non-conformity is not further extended or replaced. .....

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14253, § 1, 7-15-25; Ord. No. 14298, § 1, 12-2-25)

(a)

Eligibility .....

(1)

A nonconforming lot of record is a legal lot of record that at one time conformed to the lot dimension requirements of the zone in which it is located, but because of this Code, or a subsequent amendment to this Code, does not conform. This includes nonconformities created by prior zoning codes or amendments to those codes. .....

(2)

A nonconforming lot of record is a legal lot of record as established as follows: .....

(i)

Created by subdivision or plat prior to the effective date of this code (October 20, 2024 Ordinance # 14137). .....

(ii)

Created by deed legally recorded in the Hamilton County Register of Deeds, or any lot legally recorded with the Hamilton County Register of Deeds on or before June 20, 1961. .....

(b)

Use .....

A nonconforming lot of record may be used for a permitted or special exception use allowed within the zone.

(c)

Development .....

Development of a nonconforming lot of record must meet all applicable dimensional and design regulations of the zone in which it is located with the exception of the lot area and/or width requirement that renders it nonconforming.

(d)

Lot Division .....

No division of a nonconforming lot is permitted that creates a nonconforming lot and/or renders a lot or lots remaining nonconforming.

(e)

Lot Consolidation .....

A nonconforming lot is permitted to consolidate with an adjacent lot, even if such consolidation still does not conform to the lot dimension requirements of the zone in which it is located. Such consolidation is seen as a reduction of the nonconformity.

(f)

Common Ownership Limitation .....

If two or more lots with contiguous street frontage are held in common ownership that have historically been used as a single development site, and one or more of the lots does not meet the requirements for lot width or lot area as established by this Code, the land is considered to be a single zoning lot for the purposes of this Code. No portion of the lots may be used, transferred, or conveyed unless each lot meets the lot width and lot area requirements of this Code.

(g)

Building Permits .....

No building permit will be issued for the use of any lot or portion of a lot, transferred or conveyed in violation of this Article.

(Ord. No. 14137, § 1, 7-23-24; Ord. No. 14138, § 1, 7-23-24; Ord. No. 14238, § 1, 5-20-25)