The Planning Commission on Monday voted to send on to the City Council a major reworking of the zoning code.
Dan Reuter, executive director of the Regional Planning Agency, said it was "a completely new code that takes the place of a 50-year-old document."
Chris Anderson, who works on zoning and other issues at the mayor's office, said it will replace "a Frankensteinian" zoning system "that has been chopped apart for decades."
He said, "I've been waiting over two years for this. A lot of staff time went into it."
He said there will be a full vetting of the new 200-page code with several evening meetings planned for discussion and public input.
Mr. Anderson said it is a code "that supports affordable housing, rather than an impediment to it."
City Councilman Darrin Ledford said he had been inundated with concerns about the change from industry leaders.
He, too, said the City Council will be accepting all input and will have a public hearing and a work session. He said, "Your voices will be heard. Your input is extremely valuable."
Here is a description of the new code by the RPA:
Most zoning will not change under new Ordinance. Greater impact on
vacant/underdeveloped sites.
More support to housing availability, economic growth and increase tax
base. More options for mixed housing types and uses in development.
Plan Chattanooga will guide mapping of new zoning districts.
“Area plans” are essentially sub-city future land use maps as expressed
in “place types”. It provides an intention to guide upzoning or rezoning
of areas. Zoning ordinance will provide new districts and tools.
No proposed changes
- No change to Form-based Code.
- Overall, if the Building Code requires a standard, the ordinance either
defers to that standards or references it.
- Ensuring state law exemptions are still reflected in new code.
- Not requiring or incentivizing affordable housing within state law
limitations.
- Notification process for rezoning requests has not changed.
- Land Development Office still enforces regulations.
- No substantial change to the role of the Board of Zoning Appeals.
No proposed changes
- No substantial changes to the following sections/uses:
- Short-term Vacation Rental Regulations
- Accessory Dwelling Unit regulations (under review for expansion)
- No tree protection regulations; no additional steep slope or floodplain
regulations.
- Vested Property Rights are adopted and incorporated by reference, including
all provisions of Tenn. Code Ann. § 13-4-310.
- No change to the application process (except for PUDs) or public hearing
process.
Administration/Administrative Modifications
- Sign standards have been removed (with the intention to move them to the Sign section of City Code).
- Language has been added regarding conditional zoning: “Conditional zoning in place prior to the effective date of this Code shall meet the regulations of all development ordinances in effect on the date such conditional zoning was approved as well as the conditions. These sites shall be subject to all other regulations of all other development ordinances in effect on the date of such conditional zoning approval as well as the conditional zoning conditions. Vesting provisions are contained in Section 16.3.
Administration/Administrative Modifications
- New definitions added and others have been updated/revised.
- Added a new Administrative Modifications process. This provides relief from code requirements that provide a “minor practical difficulty”. Generally, the Land Development Office can provide a modification for 10% or less deviation from zoning standards such as setback, height, and parking.
Deviations of more than 10% would be reviewed by the Board of Zoning Appeals. This is like the Development Standards
- Development standards have been added for nonresidential developments that include
requirements for building articulation, orientation, façade, roof design, and building materials.
- Development standards have been added for single-unit detached, single-unit attached and two-unit residential developments which include standards for primary entrance location, transparency requirements, and garage location.
- Development standards have been added for three-unit, four-unit, multi-unit and townhouse dwellings that include standards for openings on street-facing building facades and transparency requirements.minor modifications currently allowed in the Form Based Code zoning regulations.
- All Special Exceptions are approved by the Board of Appeals.
Parking
- The new zoning code has minimum parking standards for most, but not all, new zones.
- A minimum number of bicycle parking spaces are required for most uses.
- Have a list of zones that are exempt from minimum parking standards.
- Minimum parking requirements may be reduced under certain situations.
- New Electric Vehicle Charging Spaces required. Parking lots or structures with more than 30 spaces must put in EV capable parking.
- New Shared Parking provisions have been simplified. Still maintains a clause about cessation of Shared Parking agreement should land use or parking agreements/arrangements change.
- Off-street parking standards reference the applicable City standard drawing series.
- New policies encouraging pervious pavement and adaptive reuse of existing structures.
Landscaping
- Continues to be a typical zoning landscaping and buffer yard article.
- Now just have a list of prohibited plants (more flexible) instead of long list of shade trees, screening trees and shrubs and prohibited plants.
- The use of regionally native plants is preferred and encouraged.
- A landscape plan is required for any three-unit, four-unit, townhouse or multi-unit dwelling or nonresidential, including mixed-use, development, parking structures, or parking lot.
- Change to street tree requirement: 1 tree for every 30 linear feet (but don’t have to be evenly spaced).
- Buffer yards replace the concept of a “protected zone” (as found in Form-based Code).
Other
- An Environmental Performance Standards section has been added with simple standards related to glare and heat, vibration, odors, pollution, electromagnetic interference and discharge/disposal of hazardous waste.
- Added a new section on Exterior Lighting Controls that has required lighting standards.
- By-right conversion of hotels/motels to multi-unit housing.
More information is at
https://chcrpa.org/news/zoning-code-update-2/