Subject: 9492/Zoning Ordinance Amendment Date: Tue, 24 Apr 1990 11:55:00 -0500 ORDINANCE NO. 9492 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, THE ZONING ORDINANCE, SO AS TO RECODIFY CERTAIN SECTIONS THEREIN AND TO AMEND CERTAIN SECTIONS AS SET FORTH HEREIN. __________________________ WHEREAS, the text of the Chattanooga Zoning Ordinance contains a number of words, sentences, and section numbers which require corrections or clarifications; and WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission Staff has carefully reviewed the text of the Chattanooga Zoning Ordinance; and WHEREAS, a number of changes to the Chattanooga Zoning Ordinance have been proposed for the purposes of clarification and interpretation of the ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, the Zoning Ordinance, be and the same is hereby amended as follows: 1. That all references to the "Board of Commissioners", "Chattanooga City Commission", "Board of City Commissioners", "City Commission", "Commissioners" or "Board" when such reference is to the Board of Commissioners of the City of Chattanooga be and the same are hereby deleted and the words 0C "City Council" inserted in lieu thereof, and that all references to the "City Auditor" be and the same are hereby deleted and the words "City Finance Officer" be inserted in lieu thereof. 2. That Article II, subsections 100.33.1 through 100.33.7 be and are hereby renumbered as subsections (a) through (g) respectively. 3. That Article II, Section 100 be and is hereby amended by deleting all other subsection numbers therein and renumbering them as subsections (1) through (97) respectively. 4. That the definition of Yard, Front in Article II be amended by adding the following additional sentence: "For the purposes of setback, regardless of which direction the front of the building faces, the yard abutting the primary access shall always be considered the front yard." 5. That Article III, Section 100 be amended by deleting the phrase "of which there shall be nineteen (19)". 6. That Article III, subsections 104.1 through 104.3 be renumbered as subsections (1) through (3), respectively. 7. That Article IV, Section 102 be and is hereby amended by renumbering its subsections 102.1 through 102.4 as subsections (1) through (4), respectively. 8. That Article V, subsections 101.1 through 101.7 be and are hereby recodified as subsections (1) through (7), respectively. 9. That Article V, subsections 101.8 through 101.11 be and are hereby recodified as subsections (9) through (12) respectively, and that former subsection 101.12 be and is hereby recodified as subsection (8). 10. That Article V, Section 102 be and is hereby amended by renumbering its subsections 102.1 through 102.6 as (1) through (6), respectively. 11. That Article V, Section 103 be and is hereby amended by renumbering its subsections 103.1 through 103.3 as (1) through (3), respectively. 12. That Article V, Section 105 be amended by deleting the phrase ", Section 1000". 13. That Article V, Section 106 be amended by deleting the phrase ", Section 113,". 14. That Article V, Section 107 be amended by deleting the phrase ", Section 114,". 15. That Article V, Section 122 be and is hereby amended by renumbering its subsections 122.1 through 122.5 as (1), (2), (4), (5), and (8), respectively, and that new subsections (3), (6), and (7) be added as follows: (3) Golf courses, except driving ranges, miniature courses and other similar commercial operations. (6) Kindergartens operated by governmental entities or religious organizations. (7) Kindergartens, except those operated by governmental entities or by religious organizations, except that such uses shall require a special permit under the terms of Article VIII of this Ordinance. 16. That Article V, Section 123 be and is hereby amended by renumbering its subsections 123.1 through 123.8 as (1), through (8), respectively. 17. That Article V, Section 124 be and is hereby amended by renumbering its subsections 124.1 and 124.2 as (1) and (2), respectively. 18. That Article V, Section 152 be and is hereby amended by renumbering its subsections 152.1 through 152.5 as (1), (2), (4), (5), and (8), respectively, and that new subsections (3), (6), and (7) be added as follows: (3) Golf courses, except driving ranges, miniature courses and other similar commercial operations. (6) Kindergartens operated by governmental entities or religious organizations. (7) Kindergartens, except those operated by governmental entities or by religious organizations, except that such uses shall require a special permit under the terms of Article VIII of this Ordinance. 19. That Article V, Section 153 be and is hereby amended by renumbering its subsections 153.1 through 153.10 as (1) through (10), respectively. 20. That Article V, Section 154 be and is hereby amended by renumbering its subsections 154.1 and 154.2 as (1) and (2), respectively. 21. That Article V, Section 201 be and is hereby amended by renumbering its subsections 201.1 through 201.8 as (1) through (8), respectively; by renumbering subsections 201.9 through 201.12 as (10) through (13); and by renumbering subsection 201.13 as (9). 22. That Article V, Section 202 be and is hereby amended by renumbering its subsections 202.1 through 202.6 as (1) through (6), respectively. 23. That Article V, Section 203 be and is hereby amended by renumbering its subsections 203.1 through 203.3 as (1) through (3), respectively. 24. That Article V, Section 205 be amended by deleting the phrase ", Section 1000,". 25. That Article V, Section 206 be amended by deleting the phrase ", Section 113,". 26. That Article V, Section 207 be amended by deleting the phrase ", Section 114". 27. That Article V, Section 251 be and is hereby amended by renumbering its subsections 251.1 through 251.8 as (1) through (8), respectively; by renumbering subsections 251.9 through 251.12 as (10) through (13) respectively; and by renumbering subsection 251.13 as (9). 28. That Article V, Section 252 be and is hereby amended by renumbering its subsections 252.1 through 252.5 as (1) through (5), respectively, as is further amended by deleting the sentence "The minimum frontage shall be 60 feet" from subsection (2) and reinserting it at the end of subsection (1). 29. That Article V, Section 253 be and is hereby amended by renumbering its subsections 253.1 through 253.3 as (1) through (3), respectively. 30. That Article V, Section 255 be amended by deleting the phrase ", Section 113,". 31. That Article V, Section 301 be and is hereby amended by renumbering its subsections 301.1 and 301.2 as (1) and (2), respectively; by renumbering subsections 301.8 and 301.10 as (3) and (4), respectively; by renumbering subsections 301.3 through 301.7 as (5) through (9), respectively; by renumbering subsection 301.9 as (10); and by renumbering subsections 301.11 through 301.16 as (11) through (16), respectively. 32. That Article V, Section 302 be and is hereby amended by renumbering its subsections 302.1 through 302.9 as (1) through (9), respectively. 33. That Article V, Section 303 be and is hereby amended by renumbering its subsections 303.1 through 303.3 as (1) through (3) respectively. 34. That Article V, Section 304 be and is hereby amended by renumbering its subsections 304.1 through 304.6 as (1) through (6), respectively. 35. That Article V, Section 306 be amended by deleting the phrase ", Section 1000,". 36. That Article V, Section 307 be amended by deleting the phrase ", Section 114". 37. That Article V, Section 401 be and is hereby amended by renumbering its subsections 401.1 through 401.26 as (1) through (26), respectively, and that the resulting subsection (25) be amended by deleting the phrase "Article VIII, Section 106.2." and inserting in lieu thereof the phrase "Article VIII." 38. That Article V, Section 402 be and is hereby amended by renumbering its subsections 402.1 through 402.6 as (1) through (6), respectively. 39. That Article V, Section 403 be and is hereby amended by renumbering its subsections 403.1 through 403.5 as (1) through (5), respectively. 40. That Article V, Section 405 be amended by deleting the phrase ", Section 1100". 41. That Article V, Section 406 be amended by deleting the phrase ", Section 114". 42. That Article V, Section 411 be and is hereby amended by renumbering its subsections 411.1 through 411.8 as (1) through (8), respectively; by renumbering subsection 411.13 as (9); and by renumbering subsections 411.9 through 411.12 as (10) through (13), respectively. 43. That Article V, Section 412 be and is hereby amended by renumbering its subsections 412.1 and 412.2 as (1) and (2), respectively; by renumbering subsections 412.4 through 412.6 as (3), through (5), respectively; and by renumbering subsections 412.8 and 412.9 as (6) and (7) respectively; and that subsection (3) be amended by deleting the numeral "24" and inserting in lieu thereof the numeral "25". 44. That Article V, Section 413 be and is hereby amended by renumbering its subsections 413.1 through 413.4 as (1) through (4), respectively. 45. That Article V, Section 414 be and is hereby amended by renumbering its subsections 414.1 and 414.2 as (1) and (2), respectively. 46. That Article V, Section 421 be and is hereby amended by renumbering its subsections 421.1 through 421.15 as (1) through (15), respectively. 47. That Article V, Section 422 be and is hereby amended by renumbering its subsections 422.1 through 422.7 and (1) through (7), respectively. 48. That Article V, Section 423 be and is hereby amended by renumbering its subsections 423.1 and 423.2 as (1) and (2), respectively. 49. That Article V, Section 401, subsection (24), Section 421, subsection (11), and Section 925, subsection (6) be and are hereby amended by adding at the end of each of the following: "Transmission towers shall require a special permit under the terms of Article VIII." 50. That Article V, Section 504(1)(f) be and the same is hereby amended by deleting the parentheses and words "(if used)" and inserting in lieu thereof "or nature and capacity of alternate water source," 51. That Article V, Section 509 be and is hereby amended to delete the words "an R-1, R-2, R-3, R-3MD, RZ-1 or RT-1 Residential District." and inserting in lieu thereof "any Residential Zone." 52. That Article V, Section 603(11) be and the same is hereby amended by deleting the words "provided no flammable materials are used". 53. That Article V, Section 603(17) be deleted in its entirety and subsection (18) be renumbered as subsection (17). 54. That Article V, Section 607 be amended by inserting after the word "equipment" the following phrase: "except live nursery items". 55. That Article V, Section 702 be and the same is hereby amended by adding a new subsection as follows: "(4) Offices." 56. That Article V, Section 703(1) be amended by deleting the phrase "Article VII, Section 106.2(n)" and inserting in lieu thereof the phrase "Article VIII". 57. That Article V, Section 709 be and is hereby amended to delete the words "an R-1, R-2, R-3, R-3MD, R-4, R-5, RZ-1 or RT-1 Residential District." and inserting in lieu thereof "any Residential or R-4 zone." 58. That Article V, Section 804 be and the same is hereby amended by renumbering subsections (7) through (10) as subsections (8) through (11) and by inserting a new subsection (7) as follows: "(7) home occupations." 59. That Article V, Section 810, Subsection (1) be and is hereby amended to delete the words "R-1, R-2, R-3, R-5, R-3MD, RZ-1 and RT-1 Residential District." and inserting in lieu thereof "any Residential Zone." 60. That Article V, Section 910 be and is hereby amended by renumbering its subsection (1.1) as (2) and by renumbering its subsections (2) through (4) as (3) through (5), respectively. 61. That Article V, Section 923 be amended by deleting subsection (12) and renumbering subsection (13) as (12). 62. That Article V, Section 924 be amended by adding a new subsection as follows: "(2) Day Care Centers. " 63. That Article V, Sections 923, 925, and 926 be and the same are hereby amended by renumbering them as Sections 926, 923, and 925, respectively. 64. That Article V, Section 929 be and is hereby amended by renumbering its subsection (1.1) as (2) and by renumbering its subsections (2) and (3) as (3) and (4), respectively. 65. That Article V, Section 1001 be and is hereby amended by renumbering its subsections 1001.1 through 1001.4 as (1), (2), (4), and (5), respectively, and that a new subsection (3) be inserted as follows: "(3) Contractors plants and storage yards shall be permitted subject to the screening provision of the M-2 Zone." 66. That Article V, Section 1001(1) be and the same is hereby amended by deleting the words "Day care centers". 67. That Article V, Section 1001(2) be and the same is hereby amended by adding in alphabetical order "Processing of fish, poultry and meat." 68. That Article V, Section 1002 be and is hereby amended by renumbering its subsection 1002.1 through 1002.6 as (1), (2), (3), (4), (5) and (6), respectively. 69. That Article V, Section 1003 be and is hereby amended by renumbering its subsections 1003.1 through 1003.4 as (1), (2), (3) and (4), respectively. 70. That Article V, Section 1011 be and is hereby amended by renumbering its subsection 1011.1 through 1011.5 as (1), (2), (3), (4) and (5), respectively, and deleting the phrase "Section I" in subsection (3) and inserting in lieu thereof the phrase "subsection (1) above". 71. That Article V, Section 1011, Subsection (1) be amended by adding to the alphabetical listing of permitted uses: "Cabinetmaking and woodworking shops, Sheetmetal fabrication, welding shops and similar uses" and by changing: "Electrical machinery, equipment and supplies manufacture" to: "Electrical machinery, tools, equipment and supplies assembly" and by changing: "Food and food products processing" to: "Food and food products, packaging and distribution" and by changing: "Greenhouses" to: "Greenhouses (Wholesale only)" and by changing: "Printing and publishing services" to: "Printing and publishing services, except small commercial photocopy shops and other similar operations" and by changing: "Produce markets" to: "Wholesale produce markets." 72. That Article V, Section 1012 be and is hereby amended by renumbering its subsections 1012.1 through 1012.7 as (1) through (7), respectively. 73. That Article V, Section 1013 be and is hereby amended by renumbering its subsections 1013.1 through 1013.7 as (1) through (7), respectively. 74. That Article V, Section 1014 be and is hereby amended by renumbering its subsections 1014.1 through 1014.5 as (1) through (5), respectively. 75. That Article V, Section 1021 be and is hereby amended by renumbering it subsections 1021.1 and 1021.2 as (1) and (2). 76. That Article V, Section 1022 be and is hereby amended by renumbering its subsections 1022.1 through 1022.7 as (1) through (7), respectively. 77. That Article V, Section 1023 be and is hereby amended by renumbering its subsections 1023.1 through 1023.6 as (1) through (6), respectively. 78. That Article V, Section 1024 be and is hereby amended by renumbering its subsections 1024.1 through 1024.7 as (1) through (7), respectively. 79. That Article V, Section 1122 be and is hereby amended by renumbering its subsections (a) through (i) as (1) through (9), respectively. 80. That Article V, Section 1124 be amended by deleting the phrase "and 911" and inserting in lieu thereof the phrase "911 and 930". 81. That Article V, Section 1126 be and is hereby amended by renumbering its subsections (a) through (f) as (1) through (6), respectively, and by renumbering subsections (1), (2) and (3) as (a), (b) and (c). 82. That Article V, Section 1132 be and is hereby amended by renumbering its subsections (a) through (j) as (1) through (10), respectively. 83. That Article V, Section 1133 be and is hereby amended by renumbering its subsections (a) through (d) as (1) through (4), respectively. 84. That Article V, Section 1200 be and is hereby amended to add the words ":Residential". 85. That Article V, Section 1204 be and is hereby amended by renumbering its subsections 1204.1 through 1204.3 as (1) through (3), respectively. 86. That Article V, Section 1205 be and is hereby amended by renumbering its subsections 1205.1 through 1205.4 as (1) through (4), respectively. 87. That Article V, Section 1206 be and is hereby amended by renumbering its subsections 1206.1 and 1206.2 as (1) and (2), respectively. 88. That Article V, Section 1207 be and is hereby amended by renumbering its subsections 1207.1 and 1207.2 as (1) and (2), respectively. 89. That Article V, Section 1208 be and is hereby amended by renumbering its subsections 1208.1 through 1208.6 as (1) through (6), respectively. 90. That Article V, Section 1209 be and is hereby amended by renumbering its subsections 1209.1 through 1209.4 as (1) through (4), respectively. 91. That Article V, Section 1210 be and is hereby amended by renumbering its subsections 1210.1 through 1210.2 as (1) and (2), respectively. 92. That Article V, Section 1211 be and is hereby amended by renumbering its subsections 1211.1 through 1211.2 as (1) and (2), respectively. 93. That Article V, Section 1212 be and is hereby amended by renumbering its subsections 1212.1 and 1212.2 as (1) and (2), respectively, and that the numbers of subsections 1212.21 and 1212.22 be eliminated and the heading "Minor Changes" be eliminated from former subsection 1212(2) and the remaining words from former subsections 1212.21 and 1212.22 be incorporated into section 1212 subsection (2) as amended. 94. That Article V, Section 1213 be and is hereby amended by renumbering its subsections 1213.1 through 1213.10 as (1) through (10), respectively. 95. That Article V, Section 1300 be and is hereby amended by deleting "Institutional Planned Unit Development and inserting in lieu thereof "Planned Unit Development: Institutional". 96. That Article V, Section 1303 be and is hereby amended by renumbering its subsections (a) through (n) as (1) through (14), respectively. 97. That Article V, Section 1304 be and is hereby amended by renumbering its subsections 1304.1 through 1304.6 as (1) through (6), respectively. 98. That Article V, Section 1306 be and is hereby amended by renumbering its subsections 1306.1 and 1306.2 as (1) and (2), respectively. 99. That Article V, Section 1308 be and is hereby amended by renumbering its subsections 1308.1 through 1308.8 as (1) through (8), respectively. 100. That Article V, Section 1309 be and is hereby amended by renumbering its subsections 1309.1 and 1309.2 as (1) and (2), respectively. 101. That Article V, Section 1311 be and is hereby amended by renumbering its subsections 1311.1 and 1311.2 as (1) and (2), respectively, and that the numbers of subsections 1311.21 and 1311.22 be eliminated and the term "minor changes" be eliminated from former subsection 1311.21 and the remaining words from former subsections 1311.21 and 1311.22 be incorporated into section 1311 subsection (2) as amended, and that the term "major changes" be eliminated from Section 1311, subsection (1) as amended. 102. That Article V, Section 1312 be and is hereby amended by renumbering its subsections 1312.1 through 1312.9 as (1) through (9), respectively. 103. That Article VI, Section 103 be and is hereby amended by renumbering its subsections 103.1, 103.2 and 103.3 as (1), (2) and (3), respectively. 104. That Article VI, Section 103, new subsection (3) be and is hereby amended by deleting the words "Section 103.2(a), (b) and (f)" and inserting in lieu thereof "Section 103(2)(a), (b) and (f)." 105. That Article VI be and the same is hereby amended by adding a new title "Nonconforming plan" above Section 109. 106. That Article VI, Section 109 be and is hereby amended by renumbering its subsections 109.1 and 109.2 as (1) and (2), respectively. 107. That Article VI, Section 113 be and the same is hereby amended by renumbering said section as Section 111. 108. That Article VI, Sections 113.01 through 113.04 be and the same are hereby amended by renumbering said sections as 111(1) through 111(4), respectively, and by renumbering Sections 114 and 114.1 as 112 and 112(1), respectively. 109. That Article VI, Section 114 be and the same is hereby amended by deleting therefrom subsections (a) and (b) and inserting in lieu thereof the following: "Upon approval of a Special Exceptions Permit, the applicant must apply for a license for a 'Residential Home for the Aged' from the Tennessee Department of Public Health, or shall apply for a license for a "Boarding House Facility', or a 'Large Group Home Facility', to be submitted to the Tennessee Department of Mental Health and Mental Retardation, as the case may be. Prior to operating either of the above, both the Special Exceptions Permit and the State License must be obtained." 110. That Article VIII, Section 102 be and is hereby amended by renumbering its subsections 102.1 through 102.4 as (1) through (4), respectively, and that Sections 106.1, 106.2, 107, 108, 109, 110 and 111 be amended by renumbering them as Sections 106, 107, 108, 109, 110, 111 and 112, respectively. 111. That Article VIII, new Sections 107(m), 107(n), 107(o), and 107(p) be and the same are hereby amended by renumbering said Sections as 107(o), 107)(p), 107(m), and 107(n), respectively. 112. That Article VIII, Section 105 be and hereby is amended to delete the word "shall" in the third and fifth sentences therein and inserting the word "may" in lieu thereof. 113. That Article VIII, new Section 108 be amended by renumbering its subsections as (1) through (4), respectively. 114. That Article X be amended by deleting the chart therein and inserting a new chart attached hereto as Exhibit 1. 115. That Article XI be and the same is hereby amended by deleting Section 102 and by renumbering Sections 101.1, 103 and 104 as 101(1), 101(2) and 101(3), respectively. 116. That Article V be amended by adding a new Section 1004 following Section 1003 as follows: "1004. Screening from residential zones. Any industrial use shall be screened on all side yard and rear yard lot lines adjoining a residential zone by one of the following methods, as selected by the owner: a. A greenbelt planting strip, not less than fifteen (15) feet in width. Such greenbelt shall be composed of at least: . . . One row of deciduous and evergreen trees, spaced not more than fifteen (15) feet apart, at least eight (8) feet tall, and with a minimum trunk diameter of one and one-half (1-1/2) inches at planing, and . . . One row of shrubs, with a ratio of two deciduous to one evergreen shrub, spaced an average of five (5) feet apart. Such shrubs shall be a minimum of thirty (30) inches in height at planting and expected to grow to a height of eight (8) feet in 3 or 4 full growing seasons; or b. Natural vegetation can be retained if it meets the intent of this section, or supplemented to meet the intent of this section; or c. A sight obscuring screen (either solid or veil block, or some form of fence that is at least 50% opaque and at least six (6) feet high). Section 117. That the word "district" whenever it appears in reference to any residential, commercial, manufacturing or other zoning classification be and the same is hereby deleted and the word "zone" inserted in lieu thereof. 0C PASSED on Third and Final Reading 11/20, 1990. _/s/______________________________ CHAIRPERSON APPROVED: ______ DISAPPROVED:_____ DATE:___________ ___, 1990. _/s/_____________________________ MAYOR WSPjr:jrm 0C Exhibit I FORMER CLASSIFICATION TEMPORARY CLASSIFICATION A-1 Agricultural District to R-1 Residential Zone R-1 Single-Family Residential District RT-1 Residential Townhouse District to RT-1 Residential Townhouse Zone R-2 Urban Residential District to R-2 Residential Zone R-2A Rural Residential District R-3 Apartment-Townhouse District to R-3 Residential Zone MH Manufactured Home Park District R-3MD Moderate Density Apartment- to R-3MD Moderate Townhouse District Density Zone R-5 Single Lot Manufactured Home to R-5 Residential Zone District O-1 Office District to R-4 Special Zone C-1 Tourist Court & Motel District to C-1 Tourist Service Commercial Zone C-2 Local Business Commercial to C-2 Convenience District Commercial Zone C-3 General Business District M-1 Industrial District to M-1 Manufacturing Zone M-2 Wholesale & Light Industrial to M-2 Light Industrial District Zone M-3 Warehouse and Wholesale District to M-3 Warehouse and Wholesale Zone