WHEREAS, Substitute Ordinance SO96-555 enacted a new comprehensive zoning code (Title 17 of the Metropolitan Code of Laws); and

WHEREAS, the Metropolitan Government of Nashville and Davidson County has monitored the effectiveness of that new code to implement the general plan and protect the health, safety and general welfare of the community; and

WHEREAS, it is now in the best interest of the citizens of Metropolitan Nashville and Davidson County to amend selected provisions of that new zoning code so as to better implement the general plan and protect the public health, safety and general welfare of the community;

SECTION 1. That Title 17 of the Metropolitan Code of Laws, be and is hereby amended as specifically described in Exhibit A, attached hereto and incorporated herein; and

SECTION 2. This ordinance shall take effect five days from and after its passage upon publication of the caption and a summary of the ordinance in a newspaper of general circulation in Metropolitan Nashville and Davidson County, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Tim Garrett

Mr. President:

I move to amend Ordinance No. O98-1268, Exhibit A, as follows:

By changing the proposed definition of "Automobile Convenience" in Section 17.04.060 (Definitions) to insert the words "by employees on a " in the first sentence between the words "and/or" and "full".

By changing the proposed definitions of "Manufacturing, Heavy" and "Manufacturing, Medium" in Section 17.04.060 (Definitions) as follows:

Manufacturing, Heavy. The manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.

Manufacturing, Medium. The processing and manufacturing of materials or products predominately from extracted or raw materials. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process.

By changing the proposed amendment to Section 17.12.080A. (Cluster Lot Option), to substitute the word "delineate" for the word "delineated" in the second sentence.

By changing the proposed amendment to Section 17.12.080C.1. (Cluster Lot Option) to substitute the words "property on the opposite side of the street" for the words "opposite property" in the second sentence.

By deleting the proposed amendment to Section 17.12.050A.3 (Height controls standards).

By inserting under Article II. (Uses Permitted with Conditions), Section 17.16.090E "Tank Farm" the following:

4. A tank farm shall be permitted unlimited storage per Table 17.28.102 of this code provided all other conditions of this section and code are satisfied.

By deleting under Article III. (Uses Permitted by Special Exception), "Hazardous Operations" from Section 17.16.230 (Other Special Exception Uses), and re-inserting "Hazardous Operations" in a new Section entitled "Industrial Special Exceptions" immediately after Section 17.16.180 (Communication Special Exceptions), and inserting a new performance standard for "Hazardous Operations" as follows:

By changing the proposed amendment to Sections 17.16.100 and 17.16.190, standards for "Park and Ride Lot", subsection "a. Location", to substitute the words "be associated only with" for the words "only be located on".

By changing the proposed amendment to Section 17.16.170, standards for "Day Care Center" and "Day Care Home", specifically the subsection "Spacing", to substitute the words "over 1000 feet in length" for the words "extremely long" in the second sentence.

By changing the proposed amendment to Section 17.16.170E. (Religious Institution), proposed subsection 5.c.(1), to substitute in the second sentence the words "In areas considered by the Board of Zoning Appeals to be predominately developed, and" in lieu of the words "In established areas."

By changing the proposed amendment to Section 17.16.180, standards for "Kennel/Stable", subsection "g. Trail Rides.", to substitute the word "along" for the word "on".

By changing the proposed amendment to section 17.16.250 (Residential Accessory Uses), specifically the proposed standards for Garage Sales, to add the following provision as a new subsection "e.":

By changing the proposed amendment to Section 17.16.330, standards for "Agricultural Activity", to substitute the following subsection:

"4. Operation. An agricultural activity shall not include any roadside stand, nor shall a "cut your own" or "pick your own" activity of any items grown, produced or raised on or off-site be offered, whether such stand or offering is supervised or unsupervised, and whether the item(s) are offered for sale or not."

By changing the proposed amendment to Section 17.20.080A. (Qualifying districts) to substitute the words "which develop after the effective date of this code" in lieu of the words "which contain new development."

By changing the proposed amendment to Section 17.20.140E. (Implementation of a Traffic Impact Study) to substitute the words "…for which Council has adopted a resolution appropriating funds. " in lieu of the words "which have been funded and scheduled for construction."

By deleting the proposed amendments to Sections 17.24.240D. (Buffers adjacent to residential property), 17.24.150C. (Landscape Materials), 17.24.160A. (Interior Planting Requirements), 17.24160A.2 (Interior Planting Requirements), 17.24.230 (Landscape Buffer Yard Requirements)

By deleting the proposed amendment to Section 17.24.100 that would have added "that portion of the property undergoing development."

By changing the proposed amendment to Section 17.24.150A (Parking Areas Adjacent to Public Streets) to substitute the following last sentence in lieu thereof:

By changing the proposed amendment to Section 17.24.220 (Other Uses within Landscape Buffer Yards) that adds a new subsection C, to read as follows:

By deleting the proposed amendment to Section 17.28.040 (Floodplain/Floodway) that would have added a new subsection C.

By inserting under Chapter 17.28, Article II. (Operational Performance Standards), the following additional performance standards:

By correcting the proposed amendment to Section 17.28.040A. (Floodplain/Floodway) to reference deletion only of the first paragraph and subsection A1. in lieu of deletion of subsection A in its entirety, and to renumber the existing subsection A.2. to "A.3."

By correcting the proposed amendment to Section 17.28.030A.2 to reference the new subsection 17.28.040A.3 (Floodplain/Floodway, Multi-family Development) and add the word "prohibited" to the end of the sentence.

By deleting the proposed amendment to Section 17.40.120G.1. (Status of Earlier Planned Unit Developments) and add the following new subsection 3 to Section 17.40.120G. in lieu thereof:

By inserting under Chapter 17.40, Article XII., Section 17.40.530 (Zoning Permit Application) the following new subsection:

Sponsored By: Tim Garrett

Adopted: July 21, 1998

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the "Residence for the Aged" definition.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete from the "Dwelling Unit" definition the last sentence: "Three rooming units in a facility for housing the elderly that has a common kitchen and communal areas shall be counted as one dwelling unit."

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Assisted-Care Living" in alphabetical order as follows:

Assisted Care Living. A licensed "Assisted-Care Living Facility" by the State of Tennessee Board of Health that provides domiciliary care, room, board and non-medical living assistance service to primarily aged, ambulatory persons (62 years of age or older) who live in a rooming unit. Where there is a common kitchen and communal area for all residents within the facility, three rooming units in the facility shall be counted as one dwelling unit for determining the facility's density.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert "Rooming Unit" as follows:

Rooming Unit. A residential unit that contains a bed and may contain a bathroom, microwave, television, or dorm-sized refrigerator, but where there is a common kitchen and communal area for all residents within the facility. For purposes of determining density, three rooming units in a facility shall be counted as one dwelling unit.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Nursing Home" as follows:

Nursing Home. A state licensed facility providing full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves and require skilled nursing and related medical services.

...amend Section 17.04.060 [formerly 1.6] - (Definitions) and Section 2.3 (District Land Use Table: Residential Uses) to delete the word "Guard" from "Security Guard Residence".

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete from "Security Residence" the words "one individual"and insert instead the words "one family" in their place.

...amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Automobile Convenience" facility as follows:

Automobile Convenience. A facility where flammable and combustible liquids, such as gasoline and other motor fuels, are stored and subsequently dispensed, by use of fixed approved dispensing equipment by customers of the facility on a self-service basis and/or full-service basis and which may include an automatic car wash for washing one (1) automobile at a time, within an enclosed building; in addition, a facility which also provides sandwiches, snacks, staple groceries and other similar retail products or services, which are not recognized or defined by the zoning code as separate uses or as necessary components of separate uses, for sale on premises for consumption off premises by the customer.

Car Wash. A building or portion thereof containing facilities for washing more than two (2) automobiles, using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical devices within an enclosed structure or a self-service facility with one or more wash bay(s) that is free or coin-operated. Car wash also includes operations that are done by hand such as auto detailing.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Kennel/Stable" as follows:

Kennel/Stable. Any lot, building, structure or premises used for the boarding, breeding, training, and/or raising of domestic animal/wildlife (excluding livestock), whether by owners of such animals or by persons providing facilities and care, whether or not for compensation, but shall not apply to the keeping of animals in a municipal animal pound, pet store, a bona fide laboratory for scientific or experimental purposes (e.g. dental, veterinary, pharmaceutical or biological) or in a veterinary establishment for the purpose of observation and/or recovery necessary to veterinary treatment.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Wrecker Service" as follows:

Wrecker Service. A wrecker service shall mean the removing of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound lot. This shall not include an "Automotive Service" use that has a tow truck and repairs vehicles on-site.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert "Manufacturing, Medium" in alphabetical order as follows:

Manufacturing, Medium. The basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions or commonly recognized offensive conditions, provided they are not required to have a Title V permit, as defined and regulated by the Metro Health Department and the U.S. Environmental Protection Agency.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the definition for "Manufacturing, Heavy" and insert the following:

Manufacturing, Heavy. The basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions or commonly recognized offensive conditions, provided they are required to have a Title V permit, as defined and regulated by the Metro Health Department and the U.S. Environmental Protection Agency.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the definition for "Park & Ride Lot" and insert a new definition as follows:

Park & Ride Lot. The temporary storage of automobiles on a daily basis for persons traveling together to and from work either through carpools, vanpools, buspools or mass transit.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the "Boarding House" definition and insert the following in its place:

A residential facility or a portion of a dwelling unit for the temporary accommodation of persons or families in a rooming unit, whether for compensation or not, who are in need of lodging, personal services, supervision, or rehabilitative services.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Garage Sale" as follows:

Garage Sale. Sale of personal property by homeowner or occupant of real property.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert a definition for "Driving Range" as follows:

Driving Range. An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt-putt" courses.

...amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert for "Heavy Equipment Sales and Service" the following language after "equipment rental yards":

boats, buses, recreational vehicles,

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the existing definition for "Floodplain, Floodway" and insert separate definitions for "Flood, 100 Year", "Floodplain", "Floodway" as follows:

Flood, 100 Year. A standard adopted by the Federal Emergency Management Agency (FEMA) to identify areas where there exists a 1% annual chance of a flood occurring.

Floodplain. Land adjacent to rivers, which, because of its level topography, floods when rivers overflow during a 100-year flood.

Floodway. The channel of a stream, plus any adjacent floodplain areas, that has current, direction and velocity to it during a flood, and in which debris may be carried.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to insert as #5 under "Lot" a definition for "Perimeter Lot" as follows.

5. perimeter lot. A lot which abuts the external boundary of a subdivision, or lot which contains less than the area required by the zoning district that is otherwise adjacent to the external boundary of a subdivision.

…amend Section 17.04.060 [formerly 1.6] - (Definitions) to delete the word "Business" from "Agricultural Business" and insert in its place "Activity".

…amend Section 17.08.030 [formerly 2.3]- (District Land Use Table: Residential Uses) to insert for "Single-Family" and "Two-Family" a P (permitted) in the RM40 thru RM60 zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Residential Uses) to insert for "Home Occupation" an A (accessory use) everywhere a P (permitted use) exists in the District Land Use Table for this use.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Residential Uses) to insert for "Home Occupation" an A (accessory use) use in the Institutional (I) district in place of the SE (special exception use).

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to insert for Day Care-Parent's Day Out an A (accessory use) in all commercial, shopping center and industrial districts, excluding the IG district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to insert for Day Care-Parent's Day Out an A (accessory use) in the OR20, OR40 and ORI zoning districts in place of a P (permitted use).

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to delete for School Day Care an A (accessory use) in the ON and CN districts since no schools are permitted in these districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to insert for "Monastery or Convent" a P (permitted use) in the CF district in place of the A (accessory use) and a P (permitted use) in the institutional (I) district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Educational Uses) to insert "Business School" as a P (permitted use) in the CA and SCR zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to insert for "Vocational School" a PC (permitted w/ conditions) in the MUL, CA and SCR districts and a P (permitted) in the IWD and IR districts.

...amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Medical Uses) to insert for "Medical Appliance Sales" an A (accessory use) in the OL, OG, OR20 and OR40 office districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert for "Bed and Breakfast Inn" as a PC (permitted w/ conditions) in the ON district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table) to insert "Hotel/Motel" use as a P (Permitted Use) within the OG zoning district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Communication Uses) to insert for "Radio/TV/Satellite Tower" a SE (special exception) in place of the P (permitted) in the SCN district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Communication Uses) to insert for "Radio/TV/Satellite Tower" a PC (permitted w/ conditions) where a P (permitted) appears for this use in the table.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert for "Laundry Plants", under Commercial Uses, a P (permitted) under the CA zoning district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert for "Vehicular Sales, Lmt.", under Commercial Uses, a P (permitted) under the CA zoning district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Transportation Uses) to insert for "Bus Station/Landport", under Transportation Uses, a P (permitted) under the CA zoning district.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Institutional Uses) to delete the P (permitted) for "Day Care Center - up to 75"and "Day Care Center - over 75" in the IG district.

…amend Section 17.08.030 [formerly 2.3] (District Land Use Table: Institutional Uses) to delete the P (permitted) for "Day Care Center - up to 75", "Day Care Center - over 75," and "Day Care Home" and insert a PC (permitted w/ conditions) in its place for each of these uses.

...amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Office Uses) to delete for "General Office" a PC (permitted w/ conditions) and insert a P (permitted) instead in the IR zoning district.

...amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Recreation and Entertainment Land Uses) to insert for "Recreation Center" and "Commercial Amusement (indoors)" a P (permitted) in the IWD and IR zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Medical Uses) to delete "Residence for the Aged" and insert "Assisted-Care Living" in its place in alphabetical order, and as a P (permitted) in the AG and AR2a zoning districts in addition to the other districts within which a Residence for the Aged is currently permitted.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Medical Uses) to insert "Nursing Home" as a permitted use in the multi-family zoning districts: RM2 thru RM20 and RM40 thru RM60.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Residential Uses) to delete "Security Residence" as a permitted use in OR20, OR40 and ORI zoning districts since residential dwelling units are already permitted in these districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Residential Uses) to insert for "Security Residence" a PC (permitted w/conditions) where every A (accessory use) appears in the District Land Use Table for this use.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert "Automobile Convenience" in alphabetical order, as a PC (permitted w/ conditions) in the MUL, MUG, MUI, CL, CS, CA, CF, CC, SCN, SCC and SCR zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert "Car Wash" in alphabetical order, as a PC (permitted w/ conditions) in the MUL, MUG, MUI, CL, CS, CA, CF, CC, SCC and SCR zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert "Kennel/Stable" in alphabetical order, as a SE (Special Exception Use) in the AG, AR2a, CL and CS zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commercial Uses) to insert "Wrecker Service" as a P (Permitted Use) in the industrial districts (IWD, IR and IG) and as a PC (permitted w/ conditions) in the commercial districts (CS and CF).

...amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Other Uses) to delete "Hazardous Operation" and instead insert it under "Industrial Uses" out of alphabetical order, directly above "Manufacturing, Heavy."

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Industrial Uses) to insert "Manufacturing, Medium" between "Manufacturing, Heavy" and "Manufacturing, Light" out of alphabetical, under Industrial Uses.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Industrial Uses) to insert for "Manufacturing, Medium" a P (Permitted Use) in the IR and IG zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Transportation Uses) to insert "Park & Ride Lot" as a PC (permitted w/ conditions) in the OL, SCN and all residential districts (excluding Mobile Home Park), and as a P (permitted) in the Commercial Attraction (CA) and Commercial Core (CC) districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Residential Uses) to insert "Garage Sale" as an A (Accessory Use) under all residential zoning districts or districts permitting residential uses (AG, AR2a, RS80 thru RM60, MHP, MUN, MUL, MUG, MUI, OR20, OR40, ORI, CF, CC and SCR).

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table) to insert "Driving Range" in alphabetical order under "Recreation and Entertainment Uses" as a PC (permitted w/ conditions) in the mixed use districts (MUN, MUL, MUG, MUI), office districts (OG, OR20, OR40 and ORI) and commercial districts (CL, CS, CA, and CF) and as a SE (special exception) in the AG, AR2a, RS80 thru RM60 zoning districts.

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Commerical Uses) to delete "Agricultural Business".

…amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Other Uses) to insert "Agricultural Activity" in alphabetical order as a P (permitted) in the AG and AR2a district and A (accessory) in the RS80 through RS3.75 districts and R80 through R6 districts.

...amend Section 17.08.030 [formerly 2.3] - (District Land Use Table: Communication Uses) to insert for "Telephone Services" a PC (permitted w/ conditions) in place of a P (permitted) where it appears as such in the table.

...amend Section 17.12.040E. [formerly 3.4E] (Permitted setback obstructions) to add a new subsection 24. as follows:

"24. Satellite dishes not exceeding eighteen inches in diameter."

…amend Section 17.12.040E.6 [formerly 3.4E.6] to delete the words "..or twenty (20) percent of the width of such yard, whichever is the lesser distance.";

…amend Section 17.12.040E.19 [formerly 3.4E.19.] to add the districts OR20 and OR40;

…amend Section 17.12.040E.20 [formerly 3.4E.20.] to delete all references to shrubs or hedges; and to the end of subsection c., add the following language: "…or within any platted common open space."

...amend Section 17.12.030 [formerly 3.3] by deleting the section in its entirety and substituting the following in lieu thereof:

17.12.030 Street Setbacks.

A. Measurement. For single and two-family lots in the RS, R, MHP, AR2a and AG districts, the minimum building setback from a street shall be measured from a street right-of -way line. In all other districts, setbacks from streets shall be measured from the centerline of the travelway pavement.

B. Street Classifications. All street classifications are as established in the "Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County" and the "Major Street Plan" as adopted by the Metropolitan Planning Commission.

C. Street Setbacks.

1. The minimum setback of a structure from an adjacent street shall be established by the following tables according to the zoning of the property and the classification of the street.


2. When the rear setback of a corner lot is oriented towards the rear setback of a neighboring lot, the required street setback along the street common to those two lots may be reduced by fifty percent. A corner residential lot created by plat prior to the effective date of this chapter may reduce the required setback of Table 17.12.030A. by fifty percent along that street running parallel with the side of the residential structure.


3. In residential areas with an established development pattern, the minimum required street setbacks for the R, RS and MHP districts shall be the average of the street setback of the lots immediately adjacent on either side of the lot, or the value provided in Table 3-D, whichever is greater. If the average setback is greater than the standard of Table 17.12.030A., the required setback shall not be more than twice that required by that table. When the adjacent lot is vacant, or the subject lot abuts a side street, the value provided in Table 17.12.030A. shall be used for that side. In areas undergoing new subdivision development, the Zoning Administrator may apply the standards of Table 17.12.030A. below. In the MUN and MUL districts, the average street setback of existing structures along the same block may be applied to new construction on that block if determined appropriate to maintain or reinforce an established form or character of development.


4. When a subdivision plat establishes a reservation of land for future right-of-way acquisition, the street setback shall be measured from the ultimate right-of-way line.


5. Double frontage lots are subject to the provisions of Section 17.24.060.B. Property abutting a street designated as a Scenic Arterial by the Major Street Plan shall comply with the provisions of Section 17.24.070.

TABLE 17.12.030A: STREET SETBACKS FOR SINGLE AND TW0-FAMILY STRUCTURES

Zoning Districts	Minor-Local and Local Streets	All(2) Other Streets
AG, AR2a, RS80, R80, RS40, R40	40 feet	40 feet
RS30, R30, RS20, R20, RS15, R15, RM2	30 feet	40 feet
RS10, R10, R8, RS7.5, R6, RS5 RS3.75, MHP, RM4 through RM20	20 feet(1)	40 feet

(1) Two-family dwellings with any parking proposed between the street line and the front edge of the residential structure shall provide a minimum street setback of 30 feet.

(2) Lots having vehicular access to these streets shall develop in a manner which avoids back-up movements into the public street.

TABLE 17.12.030B: STREET SETBACKS FOR MULTI-FAMILY AND NON-RESIDENTIAL DISTRICTS; AND NON-RESIDENTIAL USES IN AG, AR2a, R AND RS DISTRICTS

		Arterial Streets
Zoning Districts	Non-Arterial Streets	U2, S2 OW2 OW6	U4, S4	U6, S6	U8, S8
AG, AR2a, all R and RS, RM2 through RM15	70 feet	70 feet	82 feet	94 feet	106 feet
RM20, RM40	60 feet	60 feet	72 feet	84 feet	96 feet
ON, OL, OG, OR20, OR40	50 feet	50 feet	62 feet	74 feet	86 feet
RM60, MUN, MUL, MUG, MUI, ORI	40 feet	40 feet	52 feet	64 feet	76 feet
SCN, SCC, SCR, CN,	50 feet see note 2	50 feet see note 2	62 feet see note 2	74 feet see note 2	86 feet see note 2
CS, CL, CA	45 feet	45 feet	57 feet	69 feet	81 feet
IR, IG, IWD	35 feet	35 feet	47 feet	59 feet	71 feet

Note 1: Properties abutting a street designated as a Scenic Arterial by the Major Street Plan shall comply with the provisions of Section 17.24.070.

Note 2: No street setbacks shall be required in the CC and CF districts, or in the MUI district for properties located within the downtown area as bounded by the I-24/I-40/I-65 interstate loop.

….amend Section 17.12.020 [formerly 3.2] (Bulk Tables) to delete Tables 17.12.020A, 17.12.020B & 17.12.020C in their entirety and substitute the following Tables in lieu thereof:

Note: Street setbacks are listed in Table 17.12.030A

Note: Street setbacks are listed in Tables 17.12.030A and 17.12.030B

Note 1. Floor area bonuses are available for the MUI and CC districts (see Section 17.12.060).

Note 2. Street setbacks are listed in Table 17.12.030B

…amend Section 17.12.080 A. [formerly 3.8A.] (Cluster Lot Option) to add the following language after the first sentence:

"Within a preliminary plan of subdivision, large contiguous areas may be proposed for development of single family lots that contain less land area than normally required by Table 17.12.020A for the associated zoning classification of the subdivision. Subdivisions proposed for Cluster Lot development shall clearly delineated on the preliminary plan of subdivision the alternative lot size standards to be employed and describe those land areas required to satisfy the open space requirements of this section.

...amend Section 17.12.080C. [formerly 3.8C.] (Cluster Lot Option) to delete the section in its entirety and substitute the following in lieu thereof:

"C. Lots may be reduced in area the equivalent of two smaller base zone districts. As an example, a subdivision in the R15 district may utilize the Cluster Lot Option to create lots equivalent in size to the R8 district. In similar fashion, a subdivision in the RS15 district may create lots equivalent in size to the RS7.5 district. The bulk standards of a comparable district which most closely resembles the alternative lot sizes chosen for any given phase of development shall be employed for that phase of the subdivision. Perimeter lot sizes shall adhere to the following standards:

1. The minimum size of perimeter lots oriented towards an existing street shall be at least 90% of the minimum size required by Table 3-A for the actual zoning of the property. If, however, the opposite property has previously developed with smaller lot sizes, or has a currently approved plan of development with smaller lots sizes, the Planning Commission may permit the perimeter lots to be of a comparable size to those opposite lots within the overall size limitations established by this section.


2. Perimeter double-frontage lots oriented to an internal street may be reduced in size the equivalent of one zoning district provided that a Standard C Landscape Buffer Yard is provided within Common Open Space along that boundary. Alternatively, perimeter double frontage lots may be reduced in size the equivalent of two districts with the installation of a Standard D Landscape Buffer Yard.


3. Perimeter lots otherwise abutting a conventional R or RS subdivision may be reduced in size the equivalent of one zoning district with the installation of a Standard B Landscape Buffer Yard located within Common Open Space. Perimeter lots may be reduced in size the equivalent of two zoning districts with the installation of a Standard C Landscape Buffer Yard. In situations where abutting lots of a neighboring development are smaller in size than would otherwise be required of the perimeter lots in the Cluster Lot subdivision, the Planning Commission may permit the perimeter lots to be of a similar character to those abutting lots within the overall size limitations established by this section.

...amend Section 17.12.080D. [formerly 3.8D.] by deleting the existing sentence and substituting the following language in lieu thereof:

D. "Utilization of alternative minimum lot sizes shall result in the creation of Common Open Space. At a minimum, open space shall be provided for each phase of a development employing alternative lot sizes at the rate of fifteen percent of that phase's gross land area."

...amend Section 17.12.050A.3 [formerly 3.5A.3.] (Height controls established) to delete the sentence in its entirety and substitute the following in lieu thereof:

"3. property lines forming the boundary between either an AG, AR2a, RS, R or MHP district and an abutting non-residential district."

...amend Section 17.16.030 [formerly Article 4 (Table of Contents: 4.2 Uses Permitted with Conditions (PC)) to insert under Section 4.2A Residential Uses], in alphabetical order "Security Residence" as follows:

2. Security Residence. A residence shall be permitted provided the following conditions are met:


a. The residence is occupied by a security guard, the business owner or member of the owner's immediate family defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle;

b. The residence must be accessory to the principal use of the land and either located directly above the business or within the same building as the business;

c. The residence may not be rented;

d. The residence must provide the required parking per Section 5.3;

e. Only one residence is permitted on the property;

f. No entrance to the residential unit, which would be visible from the street, may be added solely for the purpose of providing direct outside access to the street;

g. An instrument shall be recorded with the register's office covenanting that the residence is being established as an accessory use and may only be used under the conditions listed above.



…amend Section 17.16.250 [formerly 4.4.2] - (Accessory Uses) to delete Security Guard Residence.



...amend Section 17.16.070 [formerly Article 4 (Table of Contents: 4.2 Uses Permitted with Conditions (PC)) and Section 4.2E ] to insert under Commercial Uses, in alphabetical order "Automobile Convenience" and "Car Wash" as follows:


Automobile Convenience.
a. Minimum Street Frontage. Each parcel shall have a minimum street frontage of 100 feet on each abutting street.

b. Gasoline Pumps. Gasoline pumps shall be at least twenty feet from any property line and a minimum of twenty feet from any public right-of-way.

c. Automatic Car Wash.

1) One automatic car wash, capable of washing only one car at a time, shall be located fifty (50) feet away from any residential zone district or district permitting residential use. 2) All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property. 3) If located within one hundred feet of a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.
d. Mini-Marts. Mini-marts may be permitted on the site of a service station, including restaurants co-located within the same building. Parking shall be provided for each separate use pursuant to Section 5.3.






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Exhibit A (cont.)


e. Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions:
1) The rental equipment does not occupy or interfere with the required parking for the gas station, mini-market (and/or restaurants);
2) The rental of the equipment is clearly incidental and secondary to the main activity on the site; and,
3) The storage of any rental equipment shall be located 50 feet away from any residential zoning district boundary or the property line of any property containing a residential use, and shall not be located abutting a public right-of-way.

f. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.


g. Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).


g. Vehicle Sales or Storage. No vehicle may be stored or parked on the premises for the purpose of offering it for sale.




Car Wash
a. Residential Setback.. Whether automatic, free, self-service or by hand, the car wash structure (including wash bays) and any outdoor vacuuming machines or areas, shall be located fifty (50) feet away from any residential zone district or district permitting residential use.

b. Openings. All washing facilities shall be located within a structure which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property.

c. Walls. Car washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than six nor more than eight feet in height. If adjacent property is commercially developed and a solid wall already exists on the property line, the Zoning Administrator may modify or waive this requirement as necessary to achieve the purposes of this Section.

d. Parking. For facilities without defined stalls, a stall shall be calculated based on one stall being the equivalent to each twenty linear feet of washing area lane.

e. Hours of Operation. If located within one hundred feet of a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.

f. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.

g. Vehicle Sales or Storage. No vehicle may be stored or parked on the premises for the purpose of offering it for sale.





…amend Section 17.16.180 [formerly Article 4 (Table of Contents: Uses Permitted by Special Exception) to insert as a heading under Section 4.3 "Commercial Special Exceptions,"] in alphabetical order, and to insert "Kennel/Stable" with the following conditions:


Kennel/Stable.

a. Setback. No part of any building or structure in which animals are housed shall be closer than two hundred (200) feet, and no kennel run shall be located within 100 feet, from any existing residence, other than one owned or occupied by an owner or operator of the kennel or stable. In the event more than 10 horses are boarded on five acres or more, the building setback shall increase to 200 feet from the property line.





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Exhibit A (cont.)


b. Building temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

c. Cages. For a kennel, each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

d. Runs. For a kennel, each run must have at least a six (6) foot high fence completely surrounding it. Fences must be maintained in escape-proof condition. Runs shall provide an adequate exercise area and protection from the weather. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

e. Stalls. Each horse shall have sufficient space to stand up, lie down and turn around without touching the sides of the stall. Stalls are to be of material and construction that permits cleaning and sanitizing.

f. Riding Ring. For a horse, no riding ring, including jumps and corrals, shall be located closer than fifty (50) feet to any property line.

g. Trail Rides. No horse shall be ridden or walked on public rights-of-way for any length of time or duration.

h. Gates & Locks. All gates for entrance/exit to the stalls, riding rings, and other training area must be kept locked when not in use. All horses connected with the riding stable shall be enclosed by appropriate fencing so they shall not be permitted to run at large.

i. Watering of animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

j. On-site waste collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products from the kennel shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams or rivers.





…amend Section 17.16.170 [formerly Article 4 (Table of Contents: Uses Permitted w/ Conditions) under 4.2E - Commercial Uses] to insert "Wrecker Service" in alphabetical order, the following:


Wrecker Service.


a. Setback. Where the outdoor storage of automobiles abuts a residential zone or district permitting residential use, a minimum setback of fifty (50) feet shall be provided.

b. Landscape Buffer Yard. Screening in the form of Landscape Buffer Yard Standard C, with a six (6) foot masonry wall, shall be applied within the above setback.





…amend Section 17.16.100 [formerly Article 4 (Table of Contents: Uses Permitted w/ Conditions) and under Section 4.2] to insert as a new heading "Transportation Uses" in alphabetical order, and insert "Park & Ride Lot" in alphabetical order, under same as follows:


Park & Ride Lot.
a. Location. The Park & Ride Lot shall only be located on a non-residential use located within a residential zoning district.





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Exhibit A (cont.)


b. Street Standard. At a minimum, the parking lot shall have driveway access on a collector street.

c. Shared Parking Agreement. Pursuant to Section 5.3H, a shared parking agreement shall be required for all "Park & Ride Lots" in residential zoning districts. The non-residential use, whose parking lot is proposed as a Park & Ride Lot, must have a peak parking demand that falls outside of the hours of 6:30 a.m. to 6:30 p.m.

d. Lighting. All lots shall be lighted from dusk to dawn, and all light and glare shall be directed on-site.

e. Telephone. One public pay phone shall be provided on-site, in a visible area with lighting.

f. Waste Receptacles. Waste receptacles, at a rate of 1 receptacle per 25 parking spaces, shall be provided in the lot, in a fixed manner, to prevent trash from blowing onto public rights-of-way or into adjacent residential areas, and receptacle contents will be properly disposed of once a week.



…amend Section 17.16.250 [formerly Article 4 (Table of Contents) and Section 4.4A - Residential Accessory Uses] to insert "Garage Sale" in alphabetical order,.


Garage Sale.
a. Garage Sale must be held or conducted in or upon real property, which the person or persons holding or conducting the same occupy as his or her residence(s).

b. Personal property belonging to someone else, may be sold provided homeowner or occupant receives no fee or a percentage of the proceeds as compensation for selling the items or for the use of residence.

c. Within any calendar year, a maximum of two (2) Garage Sale events shall occur per residence. An event is defined as a Garage Sale that may occur for 1 day, 2 days and at most 3 days per an event.

d. A consignment sale shall be prohibited, or any other offer for sale in connection with which any owner or occupant of real property undertakes to sell personal property, as an agent of another.



…amend Section 17.16.120 [formerly Article 4 (Table of Contents: Uses Permitted w/ Conditions) under 4.2J - Recreation and Entertainment Uses] to insert "Driving Range" in alphabetical order, as follows:


Driving Range.
a. Street Standard. At a minimum, driveway access shall be from a collector street.

b. Location. The Driving Range shall be located so that it is 100 feet away from any residential zoning district boundary or the property line of any property containing a residential use.

c. Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

d. Retail/Restaurant. A snack-bar and pro-shop shall be permitted on the same parcel as the principal use provided it is contiguous to the area where people stand to drive golf balls. The combined area of the snack-bar and pro-shop shall not exceed 1,500 square feet. The snack-bar shall not provide any sit-down food service or alcoholic beverages.

e. Fencing. Adequate fencing shall be provided to ensure golf balls do not fly into abutting or adjacent properties and streets.






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Exhibit A (cont.)



…amend Section 17.16.220 [formerly Article 4 (Table of Contents: Uses Permitted by Special Exception), under 4.3H - Recreation and Entertainment Special Exceptions] to insert "Driving Range" in alphabetical order as follows:


Driving Range.
a. Street Standard. At a minimum, driveway access shall be from a collector street.

b. Location. In the AG and AR2a districts, a Driving Range shall only be permitted in a floodplain, as designated by the Army Corps of Engineers. In any residential district (RS80 thru RM60), a Driving Range shall only be permitted in conjunction with a Golf Course. The Driving Range shall be located so that it is 100 feet away from any residential zoning district boundary or the property line of any property containing a residential use.

c. Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

d. Retail/Restaurant. A snack-bar and pro-shop shall be permitted on the same parcel as the principal use provided it is contiguous to the area where people stand to drive golf balls. The combined area of the snack-bar and pro-shop shall not exceed 1,500 square feet. The snack-bar shall not provide any sit-down food service or alcoholic beverages.

e. Fencing. Adequate fencing shall be provided to ensure golf balls do not fly into abutting or adjacent properties and streets.





…amend Section 17.16.330 [formerly Article 4 (Table of Contents: 4.2 Uses Permitted as Accessory)] to insert under Other Accessory Uses, in alphabetical order "Agricultural Activity" and insert under same the following:


Agricultural Activity.
1. Zone Districts. An agricultural activity shall only be permitted as an accessory use in the RS80, RS40, RS30 and RS20 and R80, R40, R30, and R20 residential zoning districts.

2. Location. The property containing the residence and agricultural activity shall not be located within the Urban Services District.

3. Lot Size. The minimum lot size shall be five (5) acres.

4. Operation. An agricultural activity shall be prohibited from constructing any roadside stand or offering a "cut your own" or "pick your own" activity of any items grown, produced or raised on or off-site, whether such stand or offering is supervised or unsupervised, and whether the item(s) are offered for sale or not.



...amend Section 17.16.040 [formerly Article 4 (Table of Contents: Uses Permitted w/ Conditions) and 4.2B] to insert "Vocational School" in alphabetical order under Educational Uses as follows:


Vocational School.


a. Landscape Buffer Yard. Screening in the form of Landscape Buffer Yard B shall be applied along common property lines.

b. Setback. Whenever a vocational school structure intended for vehicle repair, truck driving, manufacturing, production, or industrial equipment abuts a residential zone district or district permitting residential use, there shall be a minimum setback of fifty (50 feet).






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Exhibit A (cont.)



c. Street standard. At a minimum, a vocational school shall have driveway access on a collector street.



...amend Section 17.16.280 [formerly Article 4 (Table of Contents: Uses Permitted as Accessory) and Section 4.4] to insert the heading "Medical Accessory Uses" in alphabetical order, and insert "Medical Appliance Sales" under same as follows:


Medical Appliance Sales.


a. This use shall be located within the same building as the principal office use.

b. The leaseable floor area for the accessory use may have one access point from within the office building as well as one outside entrance/exit.

c. This use shall occupy no more than ten (10) percent of the gross floor area within the principal office building.





…amend Section 17.16.040 [formerly Article 4 (Table of Contents: Uses Permitted w/ Conditions) in alphabetical order, under 4.2 - Institutional Uses] to insert "Day Care Center -up to 75", "Day Care Center -over 75", and "Day Care Home" with the following conditions:


Day Care Center - up to 75.

Day Care Center - over 75.

Day Care Home.


a. Circulation. At a minimum, a circular driveway shall be provided with a separate entrance and exit, clearly marked as such, and where cars can be temporarily parked to escort children into and out of the day care facility, while not blocking other cars that want to exit using the circular driveway. To ensure optimum circulation, all parking spaces on the circular driveway shall be parallel parking spaces to prevent cars being backed-up into the flow of exiting traffic.

Where the facility is located within a mixed-use building on the same property, the Zoning Administrator may waive the circulation standard provided the applicant can demonstrate, to the Zoning Administrator's satisfaction, that the standard should not apply due to specific site or use characteristics.

b. Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

c. Lot Area. Where a minimum lot size is required, the minimum lot area shall be the same as the principal activity, except when in the opinion of the Zoning Administrator circumstances warrant otherwise.

d. State Regulations. All requirements of the State of Tennessee that pertain to the use and operation of the facility shall be met.

e. Multi-Family Buildings. The Zoning Administrator may waive the above standards for multi-family housing developments of 200 or more units if compliance would disqualify an otherwise reasonable location.



…amend Sections 17.16.170.C.5 and 17.16.170.D.4 [formerly 4.3C (3e and 4d)] to delete for "Day Care Center" and "Day Care Home" the existing Spacing standard and insert in its place the following:


Spacing. Regardless of classification, no day care center or day care home shall locate on the same street block face or on an opposing street block face. Where a block face is extremely long, no day care center or day care home shall locate within 1,000 feet of another day care center or day care home, measured in a direct line from property line to property line and including any public right-of-way.








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Exhibit A (cont.)



...amend Section 17.16.080 [formerly 4.2F.2] (Uses Permitted w/ Conditions: Communication Uses) for Telephone Services to insert under d. Height the following after the end of the sentence.


Where a proposed tower cannot comply with the maximum height provisions, the applicant shall be required to submit for a Special Exception permit per Section 4.3.D.2.




…amend Sections 17.16.110 and 17.16.210 [formerly 4.2I(1b and d) and 4.3G(1a and 1c)] to delete current setback and street standards for a "Construction/Demolition Landfill" and insert the following:


Setback. The facility, including any structures or unloading areas, shall not be located within 150 feet of any residential zoning district boundary or within 150 feet of any residential structure.

Street standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the Major Street Plan. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D", and it is forecasted to remain at a LOS D or better with the proposed landfill traffic.





…amend Section 17.16.210 [formerly 4.3G(1b)] to insert a "D" in place of "C" for the Landscape Buffer Yard standard.



…amend Section 17.16.110 [formerly 4.2I(2b and 2c)] to delete current setback and street standard for "Medical Waste" and insert the following:


Setback. All buildings, structures, storage containers and areas, and vehicle loading/ unloading areas shall be located a minimum of 100 feet from any property line, 250 feet from any residential zoning district boundary, and 500 feet from any residential structure.


Street standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the Major Street Plan.





…amend Section 17.16.210 [formerly 4.2I(2b and 2c)] to delete current setback and street standards for "Waste Transfer" and insert the following:


Setback. All buildings, structures, storage containers and areas, and vehicle loading/ unloading areas shall be located a minimum of 150 feet away from any residential zoning district boundary or residential structure.

Street standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the Major Street Plan. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D", and it is forecasted to remain at a LOS D or better with the proposed waste transfer traffic.





…amend Sections 17.16.210 [formerly 4.3G(2b and 2d)] to delete current setback and street standards for "Sanitary Landfill" and insert the following:


Setback. All buildings, structures, storage containers and areas, and vehicle loading/ unloading areas shall be located a minimum of 100 feet from any property line, 250 feet from any residential zoning district boundary, and 500 feet from any residential structure.






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Exhibit A (cont.)


Street standard. At a minimum, driveway access shall be from a collector street. The collector street shall not be bounded by any residential zoning district from the driveway access point to the street's intersection with an arterial. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D", and it is forecasted to remain at a LOS D or better with the proposed landfill traffic.




…amend Section 17.16.170E [formerly 4.3C.5] - (Religious Institutions) to delete the existing text and insert the following:


5. Religious Institution. The following standards shall be applied to a religious institution located within a residential district to ensure compatibility with nearby residential uses.


a. Pre-existing facilities. A religious institution having a valid use and occupancy permit on the effective date of this chapter may expand under the authority of the Board of Zoning Appeals subject to demonstrating compliance only with the General Provisions of Section 4.3A, and the off-site parking requirements of subsection b. (below). The standards of subsection c. (below) shall not apply to pre-existing facilities.

b. Pre-existing facilities: Off-site Parking. Approval of an off-site parking lot shall be contingent upon a demonstration that the following standards have been met:



(1) The appellant shall demonstrate by a parking study, reviewed by the Metropolitan Traffic Engineer, that the minimum number of parking spaces required by Section 5.3 cannot be developed on the same zone lot containing the place of worship;

(2) The amount of off-site parking shall not exceed the actual needs of the place of worship as demonstrated by the parking study;

(3) There shall be no vacant property adjacent to the place of worship on the same block face;

(4) The off-site parking area shall abut a street upon which the zone lot of the place of worship abuts and at least a portion of the off-site parking area shall be opposite the zone lot containing the place of worship;

(5) Vehicular access shall be restricted to a street upon which the zone lot of the place of worship abuts;

(6) All off-site parking spaces shall be within 200 feet of the zone lot boundary of the place of worship;

(7) On any given block, off-site parking associated with a place of worship shall be limited to a continguous area;

(8) Pedestrian cross walks shall be provided to connect the off-site parkin area and the place of worship if determined necessary by the Metropolitan Traffic Engineer;

(9) All lighting shall be shielded so that substantially all directly emitted light falls within the property. No illumination in excess of one-half (1/2) foot candle shall be permitted across the boundary of any residential property or a public street or alley. The parking area shall only be illuminated when in use; and,

(10) When not in use by the place of worship, the parking area shall be secured by a locked barrier that precludes vehicular access. Buses or other vehicles shall not be stored in the parking areas.





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Exhibit A (cont.)


c. New facilities. New religious institution facilities, constructed after the effective date of this chapter shall be subject to the following performance standards.


(1) Minimum site size. Land area shall be provided at the rate of .005 acre for every seat in the sanctuary/assembly area. In established areas where assembling land to satisfy this site size standard is not practical, the Board of Zoning Appeals may waive the minimum site size requirement, based on a determination that the proposed facility can be designed and operated in a manner which will not adversely impact abutting properties or the surrounding neighborhood.

(2) Street standard. A religious institution shall provide principle vehicular access via a street that at a minimum functions, or is otherwise classified, as indicated below:


(a) up to 50 seats: any through or temporary dead-end street; principle driveway access may be derived from a permanent dead-end street if the facility is located at the intersection with a through street;

(b) 51 to 300 seats: any through street or a temporary dead-end street;

(c) 301 to 1000 seats: any collector street;

(d) more than 1000 seats: an arterial street, or two intersecting collector streets.


The Board of Zoning Appeals may waive the above street standards based on a recommendation from the Traffic Engineer that the projected volume of traffic, to be generated by the proposed facility, can be safely and efficiently accommodated by the existing local street network without adversely impacting the surrounding neighborhood.


(3) Landscape Buffers. Screening and buffering in the form of a Standard B Landscape Buffer Yard shall separate all structures and parking areas from an abutting residential property.

(4) Cemetery. A cemetery, including columbariums, may be permitted by the Board as an accessory use to a religious institution.





…amend Section 17.16.150G [formerly 4.3A] - (Uses Permitted by Special Exception: General Provisions) to delete the second sentence in 7. Traffic Impact which reads as follows: The minimum acceptable standard for traffic flow shall not fall below level of service D along that portion of public roadway in which the property has frontage, including intersections which the Metropolitan Traffic Engineer has determined to be directly impacted by the proposed use.



...amend Section 17.16.150H [formerly 4.3A] - (Uses Permitted by Special Exception: General Provisions) to delete in its entirety 8. Parking Adequacy. The proposed use shall provide off-street parking and loading facilities as required by the parking regulations of this code.



...amend Section 17.16.080 [formerly 4.2F.2] - (Uses Permitted w/ Conditions: Communication Uses) for Telephone Services to insert under d. Height the following after the end of the sentence.


Where a proposed tower cannot comply with the maximum height provisions, the applicant shall be required to submit for a Special Exception permit per Section 4.3.D.2.








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Exhibit A (cont.)



...amend Section 17.16.180 [formerly Article 4 (Table of Contents: Uses Permitted by Special Exception) under 4.3D - Communication Special Exceptions] to insert "Telephone Services" in alphabetical order, with the following conditions:


2. Telephone Services. All Telephone Services shall comply with the standards of Section 17.16.080; however, where the maximum height standard cannot be complied with, the standard for height below shall apply:

a. Height. The Board of Zoning Appeals shall determine the maximum height of a telephone facility based on all engineering concerns having been addressed to the Board's satisfaction, and that the proposed facility shall not be detrimental to surrounding properties.



...amend Section 17.16.180 [formerly Article 4 (Table of Contents: Uses Permitted by Special Exception) under 4.3D - Communication Special Exceptions, under 4.3D.1.c.] to insert the following condition, after the end of the sentence:


c. Height. The Board of Zoning Appeals shall determine the maximum height of a radio/TV/satellite tower facility based on all engineering concerns having been addressed to the Board's satisfaction, and that the proposed facility shall not be detrimental to surrounding properties.




…amend Section 17.16.080 [formerly 4.2F] - (Uses Permitted w/ Conditions - Communication Uses) to insert "Radio/TV/Satellite Tower" in alphabetical order with the following conditions:


Radio/TV/Satellite Tower.

a. The applicant shall demonstrate that existing towers, building, or structures within the proposed service area cannot accommodate the equipment planned to be located on the proposed tower. Factors to be considered by the Board of Zoning Appeals in evaluating the practicality of siting the proposed equipment on existing or approved towers shall include structural capacity, radio frequency interference, and geographic service area requirements.

b. Height. The maximum height of radio/TV/satellite towers shall be determined by the height control provisions of Article 3. Guy wire anchors, if used, shall be setback a minimum of five (5) feet from all property lines. The Board of Zoning Appeals shall determine the maximum height of a radio/TV/satellite tower facility based on all engineering concerns having been addressed to the Board's satisfaction, and that the proposed facility shall not be detrimental to surrounding properties.





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Exhibit A (cont.)


Chapter 17.20: Parking, Loading and Access
(Formerly Article 5)




…amend Section 17.20.030 [formerly 5.3] (Parking requirements established) to add a new subsection G. as follows:


"G. Exemptions for Pedestrian Walkways Retail malls which contain multiple tenants where shops are predominantly served by interior pedestrian walkways may base their parking requirement on gross leasable area within the mall."




…amend Section 17.20.080A [formerly 5.3.F.1.] (Qualifying Districts) to delete the first sentence and substitute the following language:


"Land uses on lots which contain existing buildings on the effective date of this chapter located within any of the commercial, industrial, office, ORI, Institutional, mixed use or shopping center districts or within a planned unit development (PUD) or urban design overlay district, may qualify for locating required parking on a separate lot."



…amend Section 17.20.080A [formerly 5.3.F.1] (Qualifying Districts) to add the following language at the end of the first sentence:


"Land uses on lots which contain new development located within the Mixed Use districts may also qualify for locating required parking on a separate lot."




…amend Sec. 17.20.060F [formerly 5.3.D.6] (Off-street parking standards) to add a new subsection 7 as follows:


"7. The Zoning Administrator or Planning Commission, as applicable, may request the Traffic Engineer to review site plans for on and off-site traffic circulation."




…amend Section 17.20.140A [formerly 5.4.A.1] (Requirements for a Traffic Impact Study) to :


add the words "….or Zoning Administrator" to the first sentence immediately following the words "by the Planning Commission"; and

delete the words "for any proposed Final Site Plan in a Planned Unit Development or Institutional Overlay District" in the first sentence ; substitute the words "for any development"; and

add a new subsection "4" as follows:


"4. or in the opinion of the Traffic Engineer a TIS is needed".




…amend Section 17.20.030 [formerly 5.3] (Parking Requirements) to add the following in alphabetical order in Table 17.20.030 [formerly Table 5.3.A] (Parking Requirements):


…add "Manufacturing, Medium" to the industrial uses with a parking requirement of "1 space per 1,500 square feet"


…add "Kennel/Stable" to commercial uses with a parking requirement of "1 space per 200 square feet"










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Exhibit A (cont.)


…add "Car Wash" to commercial uses and create the following two categories:

"Car Wash (Full Service)" with a parking requirement of "2 spaces for each stall not including the stall plus 1 space per employee"; and "Car Wash (Self Service)"with a parking requirement of "2 spaces for each stall not including the stall"


…add "Driving Range" to recreation uses with a parking requirement "established by the Traffic Engineer"


…add "Assisted-Care Living" to medical uses with a parking requirement of "1 space per 3 beds" and delete the land use "Residence for the Aged";


…add "Automobile Convenience" to commercial uses with a parking requirement of "1 space for each pump plus 1 space for each 200 square feet"


…add "Wrecker Service" to commercial uses with a parking requirement of "1 space per 200 square feet"


…add the words "and Service" to "Heavy Equipment sales" under the industrial uses.





…amend Section 17.20.030 [formerly 5.3] (Parking Requirements) to change the following in alphabetical order in Table 17.20.030 [formerly Table 5.3.A] (Parking Requirements):


…change "Manufacturing, Heavy and Light" to a parking requirement of "1 space per 1,500 square feet";


…change the parking requirement for "Auto Service" and "Auto Repair" to 2 spaces, plus 4 spaces per service bay"


…delete the word "Guard" from "Security Guard Residence" in the residential uses


…change the parking requirement for "Warehouse" to "1 space per 1,500 square feet".


….change "Rehabilitation center" under medical uses to "Rehabilitation Services" and change the parking requirement to "1 space per 3 beds".





… amend Section 17.20.070 [formerly 5.3.E] (Queuing Requirements for Drive-Through Facilities) to delete the words "Automotive service car wash stall" in Table 17.20.070 [formerly Table 5.3.C] and substituting the following categories:


"Car Wash (Full Service)" with a queuing requirement of "5 spaces"; "Car Wash (Self -Service)" with a queuing requirement of "3 spaces", and "Car Wash (Automobile Convenience)" with a queuing requirement of "3 spaces".




…amend Section 17.20.070 [formerly 5.3.E] (Queuing Requirements for Drive-Through Facilities) to change the queuing requirement for "ATM" to "3 spaces" and change the queuing requirement for "Automotive service oil change station" to "3 spaces".



…amend Section 17.20.030 [formerly 5.3.A] (Parking requirements established) to delete the parking requirement of "1 space per 3 seats in assembly room" for "Religious Institutions" and substitute "1 space per 4 seats in the sanctuary or equivalent worship space".







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Exhibit A (cont.)



…amend Section 17.20.030F [formerly 5.3.A.6] (Parking Study) to add the following words immediately following the last sentence:


"The Board of Zoning Appeals may grant a parking reduction to the minimum parking requirement for existing churches within residential districts which have a valid use and occupancy permit on the effective date of this chapter. This reduction will be based on a parking study demonstrating that the parking requirement is excessive due to carpooling, vanpooling, mass transit, and/or pedestrian movement between the church and the surrounding residential neighborhood."




…amend Section 17.20.140C [formerly 5.4.A.3] (Waiver of a Traffic Impact Study) to delete "Planning Commission" from the fourth sentence of the first paragraph and substitute "Zoning Administrator or Planning Commission".



…amend Section 17.20.140D [formerly 5.4.A.4] (Approval of a Traffic Impact Study) to delete "Planning Commission" from the first sentence and substitute "Zoning Administrator or Planning Commission".



..amend Section 17.20.140E [formerly 5.4.A.5] (Implementation of a Traffic Impact Study) to delete the words "funded and scheduled for construction" in the first sentence and substitute "appropriated".



..amend Section 17.20.140E. [formerly 5.4.A.5] (Implementation of a Traffic Impact Study) to delete the words "have been completed before a use and occupancy permit shall be issued" in the last sentence and substitute the words "have been properly bonded prior to building permit issuance and completed before a use and occupancy permit shall be issued."



..amend Section 17.20.130 and Section 17.20.130A [formerly 5.3.K.1] (Loading dock requirements) to delete the words "Loading dock requirements" and substitute "Loading Space Requirements."



..amend Section 17.20.130B [formerly 5.3.K.2] (Size of Required Loading Areas) to delete the words "Size of Required Loading areas" and substitute "Size of Required Loading Spaces."



..amend Section 17.20.130D [formerly 5.3.K.4] (Use of Loading Spaces) to delete the words "loading docks" in the first sentence and substitute "loading spaces."



..amend Section 17.20.130E.1 [formerly 5.3.K.5.a] (Layout) to delete the words "loading dock" in the first sentence and substitute "loading space."



.. amend Section 17.20.130E.2 [formerly 5.3.K.5.b] (Layout) to delete the words "loading area" and "loading areas" in the first and second sentences and substitute "loading space" and "loading spaces", respectively.







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Exhibit A (cont.)



..amend Section 17.20.130 [formerly 5.3.K] (Loading dock requirements) to delete Table 17.20.130 [formerly Table 5.3E] in its entirety and substitute the following loading table:



Table 17.20.130: Number of Loading Spaces Required
Land Use	Gross Floor Area (Square Feet)	Loading Spaces (10 by 25 feet)	Loading Spaces (10 by 50 feet)
Office, Restaurant, Hotel/Motel

10,000 - 99,999 1 0 100,000 - 149,999 0 0 150,000 and over 0 0 Other non-residential uses 0 - 4,999 1 0 5,000 - 19,999 0 1 20,000 - 49,999 0 2 50,000 - 79,999 0 3 80,000 - 99,999 0 4 100,000 - 149,999 0 5 150,000 and over 0 6 For each 50,000 over
150,000 0 1

…amend Section 17.20.030 [formerly 5.3.A.] (Parking requirements established) to add a new subsection H. as follows:


"H. Mixed Use Projects. In a mixed use project where a Traffic Impact Study demonstrates that there is a reduction in the number of trips due to pedestrian linkages between land uses, the applicant may claim a similar reduction in required parking based upon a parking study reviewed by the Traffic Engineer and authorized by the Board of Zoning Appeals or Metropolitan Planning Commission as applicable."








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Exhibit A (cont.)


Chapter 17.24: Landscaping, Buffering and Tree Replacement
(Formerly Article 6)





... amend Section 17.24.030 [formerly 6.2B.] (Exceptions) to add a new subsection E. as follows:


"E. The interior planting requirements of Section 6.4D. shall not apply to service loading areas or to tractor trailer staging, loading and parking areas."




…amend Section 17.24.030A. [formerly 6.2B.1.] (Exemptions) to:


add the words "…of more than twenty-five percent..." to the first sentence immediately following the word "expansion"; and


delete the words "changes in use" in the same sentence


…delete Section 17.24.190 [formerly 6.5 B.] (Exemption for CC District) in its entirety and substitute the following provision:


17.24.190 Exemptions.

No Landscape Buffer Yard shall be required in the following situations:


A. When a zoning boundary falls along a public street containing four or more travel lanes, or along an elevated railroad bed, navigable river, or controlled access highway.


B. When the property is zoned CC (Commercial Core).





...amend Section 17.24.200 [formerly 6.5C.] (Determination of landscape buffer yard requirements) to add the following language immediately following the first sentence:


"When a zoning district boundary falls along a public street of less than four travel lanes, a B-2 Landscape Buffer Yard may be substituted in lieu of the standard buffer required by Table 17.24.230. In applying the buffer standards of Table 17.24.230, the Zoning Administrator may take into consideration the future zoning designation of the abutting property as envisioned by the General Plan to the extent that existing land uses are reasonably protected by an effective buffer. When the gross floor area of a building legally existing on the effective date of this code is enlarged by more than 25%, that perimeter portion of the property in proximity to the area of expansion shall be brought into conformance with the Landscaping Buffer Yards standard of this code to the greatest extent considered reasonable by the Zoning Administrator. When incremental expansions occur over time, the total of all expansions shall used by the Zoning Administrator in applying the provisions of this section."




...amend Section 17.24.200C. [formerly 6.5C.3] (Determination of landscape buffer yard requirements) to delete the following words from the second sentence: "...or between the proposed zone district and the adjacent roadway."



…amend Section 17.24.240D. [formerly 6.5G.4.] (Buffers adjacent to residential property) by deleting the word "adjacent" in the first sentence and substituting the words "abutting platted" in lieu thereof.



…amend Section 17.24.150A. [formerly 6.4C.1] (Parking areas adjacent to public streets) to delete the last sentence and substitute the following in lieu thereof:


"A maximum of thirty-five linear feet of driveway penetration may be permitted for every 100 linear feet of perimeter landscaping strip, provided that the driveway shall cross the landscape strip as close to perpendicular as possible".







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Exhibit A (cont.)



...amend Section 17.24.150B. [formerly 6.4C.2] (Parking areas adjacent to side property lines) to add the words "driveway or" to the first sentence between the words "a" and "parking".



…amend Section 17.24.150C. [formerly 6.4C.3.] (Landscape materials) to add the following sentence as the first sentence of the section:


"Trees required to be planted along a street may be grouped to the extent that no continuous segment of the street frontage in excess of 100 linear feet shall be devoid of a street tree. All trees required to be planted as calculated by a street's frontage shall be planted along that same street."




...amend Section 17.24.160A. [formerly 6.4D.1] (Interior planting requirements) to delete subsection a. in its entirety and substitute the following in lieu thereof:


"1. Canopy trees shall be provided at the rate of one tree for every fifteen parking spaces. Trees may be planted at random spacing and in groupings, provided that the maximum spacing between trees shall not exceed one hundred and ninety five feet or three double-loaded parking bays, whichever is less."




...amend Section 17.24.160A.2. [formerly 6.4D.1b.] to delete the first sentence in its entirety.


…delete Figure 17.24.150-1 [formerly Figure 6.4-1] and Figure 17.24.160 [formerly Figure 6.4-6] and substitute the following figures in lieu thereof: [see attached graphics]






















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Exhibit A (cont.)












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Exhibit A (cont.)











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Exhibit A (cont.)



…amend Section 17.24.220 [formerly 6.5E.] (Other uses within Landscape Buffer Yards) to add the following subsection C.:


"C. Buffer yards shall be continuous and unbroken except for driveways or sidewalks required to access the parking area. Such driveways and sidewalks shall cross the buffer yard as close to perpendicular as possible to minimize interruption of the buffer. A maximum of thirty-five linear feet of driveway penetration may be permitted for every 100 linear feet of the buffer yard."




...amend Section 17.24.100B. [formerly 6.3B.2] (Replacement of trees) by deleting the existing tables entitled "Protected Tree Schedule" and "Replacement Tree Schedule", and substituting the following tables in lieu thereof:


PROTECTED TREE SCHEDULE


UNITS represents Basal Area

DBH refers to diameter at breast height


DBH	UNITS	DBH	UNITS	DBH	UNITS	DBH	UNITS
6	0.2	20	3.3	34	9.5	48	25.1
8	0.4	22	3.9	36	10.7	50	27.3
10	0.6	24	4.7	38	11.9	52	29.5
12	0.8	26	5.6	40	17.4	54	31.8
14	1.1	28	6.5	42	19.2	56	34.2
16	1.4	30	7.4	44	21.1	58	36.7
18	1.8	32	8.4	46	23.1	60	39.3




REPLACEMENT TREE SCHEDULE


UNITS represents Basal Area

DBH refers to diameter at breast height


CAL	UNITS	CAL	UNITS	CAL	UNITS	CAL	UNITS
2	0.5	5	0.9	8	1.3	11	1.9
3	0.6	6	1.0	9	1.5	12	2.1
4	0.7	7	1.2	10	1.7	14	2.3




...amend Section 17.24.100B. [formerly 6.3B.2] (Replacement trees) to add the words "that portion of the property undergoing development" to the second sentence immediately following the words "gross acreage of.."



…amend Section 17.24.100D. [formerly 6.3B.4] to delete the word "one" and substitute "two (2)" in lieu thereof.



…amend Section 17.24.100E. [formerly 6.3B.5] to delete the word "will" and substitute "may" in lieu thereof,; and to delete the words "protected tree and not as a replacement tree" and substitute "upon approval of the Urban Forester" in lieu thereof.



... amend Section 17.24.060C. [formerly 6.2E.3.] (Special screening requirements) to delete the word "antennae" from the second sentence; add the words "exceeding eighteen inches in diameter" to the first and second sentences immediately following the words "satellite dishes"; and delete the third sentence in its entirety.



...amend Section 17.24.080B. [formerly 6.2G.2.] (Watering) to delete subsection 3. in its entirety.



...amend Section 17.24.100H. [formerly 6.3B.8] (Replacement of trees) by deleting the words "within a period of five years" from the first sentence.







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Exhibit A (cont.)



…amend Section 17.24.230 [formerly 6.5F.] (Landscape Buffer Yard Requirements) to delete the existing Table 17.24.230 in its entirety and substitute a new Table 17.24.230 as follows:












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Exhibit A (cont.)


Chapter 17.28: Environmental and Operational Performance
(Formerly Article 7)








…amend Section 17.28.030 A.1 [formerly 7.1 C.1.a] to delete the section in its entirety and substitute the following in lieu thereof:


"1. Single or two-family lots. The following provisions of this section shall not apply to single or two-family lots equal to or greater than one (1) acre in size. For lots of less than one (1) acre, any natural slopes equal to or greater than twenty-five (25) percent shall be platted outside of the building envelope and preserved to the greatest extent possible in a natural state. The Planning Commission may authorize the creation of a single- or two-family lot of less than one (1) acre in size with natural slopes equal to or greater than twenty-five (25) percent subject to the following standards and conditions:


a. the resulting lot shall be designated as a "critical lot" on the final plat of subdivision approved by the Metropolitan Planning Commission and the Department of Public Works;

b. for natural slopes that generally rise away from the fronting street, a building envelope on less than twenty (20) percent natural slope and a minimum width of seventy-five (75) feet at the building line shall be provided, or

c. for natural slopes that are generally parallel with the fronting street, a building envelope on less than twenty (20) percent natural slope and a minimum width of seventy-five (75) feet at the building line shall be provided, or

d. for natural slopes that generally fall away from the fronting street, a building envelope on less than twenty-five (25) percent natural slope shall be provided;

e. a certified engineer can demonstrate, through the use of special design and construction techniques, that a residential structure will be constructed on the lot in a manner which effectively minimizes disturbance of the hillside and optimizes the preservation of mature trees and will not adversely impact the storm water runoff on down slope or adjacent properties;

f. all specially noted design, construction and drainage standards shall be incorporated into the preliminary and final subdivision plat approvals, and recorded in the form of a covenant running with the land; and

g. the clearing of trees exceeding eight (8) inches in diameter from those natural slopes equal to or greater than twenty-five (25) percent shall be minimized by sensitive construction techniques.

2. Cluster lots. Single and/or two-family subdivisions in areas characterized by twenty (20) percent or greater slopes are encouraged to employ the Cluster Lot Option provisions of Section 17.12.080. In general, lots so created shall be clustered on those portions of the site that have natural slopes of less than twenty (20) percent. The Planning Commission may authorize lots on natural slopes ranging up to twenty five (25) percent, subject to the special standards and conditions noted above. Large contiguous areas containing natural slopes in excess of twenty-five (25) percent should be recorded as Common Open Space and permanently maintained in a natural state."







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Exhibit A (cont.)



…amend Section 17.28.030 A.2.a [formerly 7.1 C.1.b(1)] to delete the section in its entirety and substitute the following in lieu thereof:


"a. That portion of a multi-family development site containing large contiguous areas of natural slopes of twenty-five (25) percent or greater should be permanently maintained in a natural state. The clearing of trees exceeding eight (8) inches in diameter from those natural slopes shall be minimized by sensitive construction techniques."




…amend Section 17.28.040 A. [formerly 7.1 D.1] to delete the section in its entirety and substitute the following in lieu thereof:


"A. Residential Sites. Residential development on property encumbered by natural floodplain or floodway on the effective date of this code shall comply with the following, except where required for the installation of streets and utilities:

1. Single or Two-family lots. The following provisions of this section shall not apply to single or two-family lots equal to or greater than one (1) acre in size. For lots of less than one (1) acre, land area designated as natural floodplain or floodway on the effective date of this code, shall not be used to satisfy minimum lot size requirements of the district if manipulated. The resulting lot shall be designated as a "critical lot" and minimum finished floor elevations shall be established on the final plat of subdivision approved by the Metropolitan Planning Commission and the Department of Public Works.

2. Cluster lots. A single and/or two-family subdivision proposed on property containing natural floodplain and floodway areas is encouraged to employ the Cluster Lot Option of Section 17.12.080. Residential lots under the Cluster Lot Option may cluster lots within the manipulated areas of the natural floodplain. At a minimum, one-half (1/2) of the natural floodplain area including all of the floodway area shall be designated as Common Open Space and maintained in a natural state, with the clearing of trees and brush exceeding eight (8) inches in diameter prohibited. Any lot containing natural floodplain shall be designated as a "critical lot" and minimum finished floor elevations shall be established on the final plat of subdivision approved by the Metropolitan Planning Commission and the Department of Public Works."

…amend Section 17.28.030 A.2 [formerly 7.1 D.(1)b] to add the following language at the end of the paragraph:


"The remaining natural floodplain area including all of the floodway area shall be maintained in a natural state, with the clearing of trees and brush exceeding eight (8) inches in diameter."




…amend Section 17.28.040 [formerly 7.1 D] to add a new section C. as follows:


"C. Transfer of floodplain development rights. For a site zoned non-residential that is encumbered by natural floodplain on the effective date of this code, the Impervious Surface Ratio (ISR) established by Table 17.28.040B (above) may be transferred from a "sending property" to a "receiving property", subject to the following conditions:

1. The applicant shall demonstrate that all feasible alternatives to modification of the floodplain on the "receiving property" have been analyzed and taken into consideration;

2. The applicant shall submit a flood study for review and approval by the Metropolitan Department of Public Works, according to the standards and procedures of the Ordinance for Stormwater Management. Approval from the Tennessee Department of Environment and Conservation and/or the United States Army Corps of Engineers may also be required, as applicable.





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Exhibit A (cont.)


3. In applying the transfer of floodplain development rights, a property owner may transfer effective Impervious Surface Ratio from a property containing natural floodplain to be preserved, to the developing property at the rates provided below. As an example, for the preservation of two (2) acres on a "sending property" within the same immediate watershed, an amount of one (1) acre of undisturbed floodplain shall be used for impervious surface calculations on the "receiving property":




Location of Preserved Floodplain	Amount of Preserved Floodplain
within the immediate watershed	two (2) times the amount modified
outside the immediate watershed	four (4) times the amount modified

4. The area of floodplain preservation shall meet the following requirements:

a. to the greatest extent possible, the preserved floodplain area, the "sending property", should be located within the same general area of the watershed as the area of floodplain which is proposed to be modified, the "receiving property";

b. the "sending property" shall be perpetually preserved in a natural state by means of restrictive covenants, use or fee simple dedications, or other equivalent means."





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Exhibit A (cont.)


Chapter 17.32: Sign Regulations
(Formerly Article 8)







...amend Section 17.32.130 [formerly 8.13] (ON-PREMISE SIGNS: CL, CS, CA, CF, SCC, SCR, IWD, IR, IG) to add a new "Note 3." as follows:


"Note 3. In addition to the number of ground signs permitted by Table 17.32.130D. [formerly 8.13], properties directly abutting a controlled access highway may install an additional on-premise ground sign along the frontage of that highway at the rate of one sign per 1000 feet of highway frontage. Such signs shall be spaced a minimum of 1000 feet apart. A sign oriented to a controlled access highway may be as large as the maximum size of a sign otherwise permitted by Table 17.32.130D. The maximum height of a highway oriented sign shall be 50 feet as measured from the average grade of the sign foundation, or thirty feet above the finished elevation of the nearest travel lane of the highway, whichever is greater."




...amend Section 17.32.070C.3. [formerly 8.7C.3.] (Guidance for the use of signs) to add the following sentence to the end of the paragraph:


"The above restrictions shall not apply to the Commercial Amusement (CA) district provided that the sign(s) is not readily visible from a public street external to the development or residentially zoned property abutting the subject property."




…amend Section 17.32.100E. [formerly 8.10E.] (Permissible number, size and height) to add the following sentence at the beginning:


"The following standards shall apply to all Informational Signs except for those utilized in the Commercial Attraction (CA) district when not readily visible from a public street external to the development or residentially zoned property abutting the subject property."


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Exhibit A (cont.)


Chapter 17.36: Overlay Districts
(Formerly Article 9)






…amend Section 17.36.070 B [formerly 9.2 E.2] to delete the section in its entirety and substitute the following in lieu thereof:


1. large contiguous areas of natural slopes of twenty (20) percent or greater in all districts. The Planning Commission may authorize the creation of lots within natural slopes ranging up to twenty-five (25) percent subject to the standards and conditions set out in Section 17.28.030;

2. areas classified as natural floodway in a pre-development state;

3. two-thirds (2/3) of the area classified as natural floodplain in a pre-development state;

4. areas containing protected Cedar Glade plant species as established by Section 17.28.060;

5. streams, creeks and major drainage features;

6. areas classified as wetlands; and

7. Landscape Buffer Yards as required by Chapter 17.24, Article IV.

Notwithstanding the above, a minimum of fifteen (15) percent of the gross land area shall be designated as Common Open Space for single- and two-family development. Whenever feasible, areas of Common Open Space within a Master Development Plan should be interconnected in a cohesive and continuous manner.





…amend Section 17.36.070 C [formerly 9.2 E.3] to delete the section in its entirety and substitute the following in lieu thereof:


1. The minimum size of perimeter lots oriented towards an existing street shall be at least 90% of the minimum size required by Table 17.12.020 A for the actual zoning of the property. If, however, the opposite property has previously developed with smaller lot sizes, or has a currently approved plan of development with smaller lots sizes, the Planning Commission may permit the perimeter lots to be of a comparable size to those opposite lots within the overall size limitations established by this section.


2. Perimeter double-frontage lots oriented to an internal street may be reduced in size the equivalent of one zoning district provided that a Standard C Landscape Buffer Yard is provided within Common Open Space along that boundary. Alternatively, perimeter double frontage lots may be reduced in size the equivalent of two districts with the installation of a Standard D Landscape Buffer Yard.


3. Perimeter lots otherwise abutting a conventional R or RS subdivision may be reduced in size the equivalent of one zoning district with the installation of a Standard B Landscape Buffer Yard located within Common Open Space. Perimeter lots may be reduced in size the equivalent of two zoning districts with the installation of a Standard C Landscape Buffer Yard. In situations where abutting lots of a neighboring development are smaller in size than would otherwise be required of the perimeter lots in the Cluster Lot subdivision, the Planning Commission may permit the perimeter lots to be of a similar character to those abutting lots within the overall size limitations established by this section.










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Exhibit A (cont.)


Chapter 17.40: Administration and Procedures
(Formerly Article 10)








…amend Section 17.40.080 [formerly 10.3D.] (Enactment) by adding the following language:


"Upon enactment of an amendment to this title, a notice of such shall be published in a newspaper of general circulation in Metropolitan Nashville and Davidson County within five days following such enactment announcing the new zoning classification and property affected. The change shall become effective on the date of announcement."




…amend Section 17.40.170 [formerly 10.5B.] (Final Site Plan) to:


1. reclassify subsection 17.40.170B.6. [formerly 10.5B.2f.] (Development under a unified plat of subdivision) as subsection 17.40.170C.;

2. In the first sentence, insert the words "..located in a shopping center, multi-family, or mixed-use district, in the ORI, CA, or I district, or within a Planned Unit Development, Institutional, or Urban Design overlay district…" immediately following the word "property"; and insert the words "Zoning Administrator" in the first sentence before the words "Planning Commission";

3. insert the words "as approved by the Planning Commission" in the first sentence immediately following the second reference to "unified plat of subdivision";

4. in the former subsection e., insert the words "The Zoning Administrator and/or…" at the beginning of the sentence; and

5. add an additional subsection as follows: "6. The overall Floor Area Ratio (FAR) permitted within a unified plat of subdivision may be redistributed among the lots of that plat."


...amend Section 17.40.120G.1. [formerly 10.4B.7a.] (Status of Earlier Planned Unit Developments) to add the following language at the end of the subsection:


"In administering a Planned Unit Development approved under a preceding code, the Planning Commission shall make every reasonable effort to implement the improved standards of this code to the greatest extent possible while protecting the development rights of that PUD as previously approved by the Metropolitan Council. In all instances, the parking and loading standards of Chapter 17.20, and the landscaping standards of Chapter 17.24 shall apply to all new development commencing under building permits issued after the effective date of this chapter."



...amend Section 17.40.120G.2. [formerly 10.4B.7b.] to add a new subsection "(k)" as follows:


"k. In the determination of the Commission, the nature of the change will have no greater adverse impact on those environmentally sensitive features identified in Chapter17.28 of this code than would have occurred had the development proceeded in conformance with the previous approval."









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Exhibit A (cont.)



...amend Sections 17.40.120G.2.i.and j. [formerly 10.4B.7b.(9) and (10)] to add the following language at the end of each sentence in the respective subsections:


"...unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the Council under authority of a preceding code, or by the existing base zone district beneath the overlay, whichever is more permissive."


...amend Section 17.40.120G.2. [formerly 10.4B.7b.] to add the following language at the end of the subsection:


"All other modifications shall be considered by the Planning Commission as an amendment to the previously approved planned unit development and shall be referred back to the Council for approval according to the procedures of Section 17.40.120A.5. That portion of a planned unit development master plan being amended by the Council shall adhere to all provisions of this code."


...amend Chapter 17.40, Article VI [formerly 10.6] (Board of Zoning Appeals) to add a new subsection 17.40.275 as follows:


"17.40.275. Applicant.

An applicant may be an owner, optionee, agent, trustee, lessee, government official or department."


...amend Section 17.40.290 [formerly 10.7B.] (Applications) to delete the words "landowner (or agents)" in the first sentence and substitute "applicant" in lieu thereof.


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