Subject: 10365/Amend Discontinue legal, nonconforming uses
Date: Tue, 24 Apr 1990 11:55:00 -0500


        
                               ORDINANCE NO. 10365
        
        
                   AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS
                   AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS
                   TO AMEND ARTICLE VII, SECTIONS 100 AND 101,
                   RELATIVE TO THE DISCONTINUANCE OF LEGAL,
                   NONCONFORMING USES.
                  
                  
                            __________________________
        
              	   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 so as to
         amend Article VII, Sections 100 and 101 relative to the
         discontinuance of legal, nonconforming uses.
              	   SECTION 1.	  That Article VII, Sections 100 and 101
         be deleted in their entirety and substitute in lieu thereof the 

         following:
        
         	100.  The lawful use of a building existing at the
                      time of the passage of the Chattanooga Zoning
                      Ordinance or any amendment thereto (the
                      Zoning Ordinance and amendments thereto are
                      hereinafter, and in A7101, collectively
                      referred to as the "Ordinance") shall not be
                      affected by the Ordinance, although such use
                      does not conform to the provisions of the
                      Ordinance and such use may be extended
                      throughout any such building, provided that
                      no structural alterations, except those
                      required by law or other City ordinance, or
                      ordered by an authorized officer to secure
                      the safety of the building, are made therein,
                      but no such use shall be extended to occupy
                      any land outside such buildings.
        
         	      If such nonconforming building is removed or
                      the nonconforming use of such building is
                      discontinued for 100 consecutive days
                      regardless of the intent of the owner or
                      occupant of such building to continue or
                      discontinue such use, every future use of
                      such premises shall be in conformity with the
                      provisions of the Ordinance.
        
         	      Manufactured homes, existing on lots where
                      manufactured homes are not a permitted use,
                      shall be treated as nonconforming uses as
                      specified in this section.
        
         	101.  The lawful use of land existing at the time
                      of the passage of the Ordinance, although
                      such use does not conform to the provisions
                      of the Ordinance, shall not be affected by
                      the Ordinance, provided, however, that no
                      such nonconforming use be extended to occupy
                      a greater area of land than that occupied by
                      such use at the time of the passage of the
                      Ordinance.
        
         	      If such nonconforming use is discontinued for
                      a period of not less than 100 consecutive
                      days regardless of the intent of the owner or
                      occupant of such premises to continue or
                      discontinue such nonconforming use, any
                      future use of such land shall be in
                      conformity with the provisions of the
                      Ordinance.
        
         	      Nothing in this section shall prevent the
                      replacement of a manufactured home that is a
                      legal nonconforming use in a residential zone
                      with another manufactured home, provided that
                      a new building permit shall be issued for
                      such manufactured home, specifying that the
                      manufactured home meets all of the current
                      regulations concerning plumbing, electrical
                      and other codes applicable to such units.
        
        
         	   SECTION 2.	  BE IT FURTHER ORDAINED that this
         Ordinance shall take effect two weeks from and after its 
passage
         as required by law.
0C
        
         PASSED on Third and Final
         Reading January 16, 1996.     
s/s_______________________________
         	   	     	       	          CHAIRPERSON
        
         	   	     	       APPROVED: __X___ DISAPPROVED:_____
        
         	   	     	       DATE:___________ ___, 1996.
        
        
         	   	     	       s/s______________________________
         	   	     	       	    	     MAYOR
         RHRH:meb