ENACTED 11/17/1998

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

WHEREAS, Ordinance O98-1267 and O98-1268 recently amended the 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.

…amend Section 17.04.060 (Definitions) to insert into the definition of "Family", after the word "or" and before the words "a group" in the first sentence of section 1 the following: ", unless otherwise required by Federal or State law,"

…amend Section 17.04.060 (Definitions) to delete the existing definition for "Floodplain" in its entirety and insert the following:

Floodplain. Any land area, including the floodway of any river, stream or watercourse, susceptible to being inundated by water as identified by the 100 year flood.

…amend Section 17.04.060 (Definitions) to delete from the existing definition of "Floodway" the following: ", plus any adjacent floodplain areas,"

…amend Section 17.04.060 (Definitions) to delete the name "Collection Center" and to insert "Convenience Center" in its place.

…amend Section 17.08.030 (District Land Use Tables) to insert for "Day Care Center (over 75) a SE (special exception use) in the AG, AR2a, RS80 through RS3.75, and R80 through R6 zoning districts.

…amend Section 17.08.030 (District Land Use Tables: Waste Management Uses) to delete the name "Collection Center" and to insert "Convenience Center" in its place, and to insert a PC (permitted w/ conditions) use in the AG, AR2a, CN, CL, CS, CA, CF, CC, SCN, SCC, and SCR zoning districts.

…amend Section 17.16.110 (Waste Management Uses Permitted w/ Conditions) to insert in alphabetical order "Convenience Center" as follows:

Convenience Center

1. Landscape Buffer Yard. Where the Convenience Center abuts a residential or an agricultural zoning district, screening in the form of Landscape Buffer Yard D shall be applied and a weather-resistant opaque fence and/or berm measuring at least six (6) feet in height shall be required. If the Convenience Center is located within an agricultural zoning district, and abutting properties are also within an agricultural zoning district, the weather-resistant opaque fence and/or berm shall be constructed along each of the Convenience Center’s property lines.
2. Activity Location. All loading, unloading, compacting, sorting, processing or storage shall take place on-site and within the enclosed fenced area.
3. Material/Waste Storage. All materials and waste shall be stored in containers or structures and a clean appearance shall be maintained to reduce litter, odor, wasps and flies. All putrescible waste shall be removed at least twice a week from the facility.
4. Odor Control. In all districts, all material and waste storage activities must comply with the air pollution regulations at the property line contained in Section 10.56.170 "Emission of Gases, Vapors or Objectionable Odors" of Chapter 10.56, "Air Pollution Control" of the Metropolitan Code of Laws and the regulations adopted by the Metropolitan Health Department, Pollution Control Division.
5. Queuing Area. An on-site queuing area shall be provided subject to the Traffic Engineer’s review and approval and in accordance with the provisions of Section 17.20.070.
6. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.
7. Hours of Operation. The convenience center’s hours of operation shall be prohibited prior to seven a.m. or after seven p.m. on any day of the week, except for cleanup, security, or situations that warrant emergency actions as determined by the Zoning Administrator.
8. Attendant. During all hours of the convenience center’s operation, an attendant(s) shall be on-site to remove any waste left outside the gate after the center is closed, to maintain the center in a clean appearance to reduce litter and odor, to pick-up any wind-blown debris on the perimeter fence and/or berm, to ensure prohibited materials are not received by the center, and to guide persons to the proper waste receptacle. The wall, fence and/or berm enclosing the facility, and all landscaping within the buffer yard, shall be patrolled each day to remove all wind-blown debris.

…amend Section 17.20.030 (Parking Requirements: Industrial Uses) to delete the current "Warehouse" parking requirement and to insert in its place "1 space per 2,500 square feet."

…amend Table 17.20.030 (Parking Requirements: Commercial Uses) to delete the "Automotive Service" and "Kennel/Stable" parking requirements and to insert in their place the following in alphabetical order:

Automotive Service 4 spaces for first four stalls and 2 spaces for each additional stall.

Kennel 1 space per 400 square feet.

Riding Stable Established by the Traffic Engineer.

…amend Table 17.20.030 (Parking Requirement: Commercial Uses) to insert in alphabetical order "Automotive Service, oil change" with a parking requirement of

"2 spaces per bay or stall."

…amend Table 17.20.070 (Queuing Requirements for Drive-Through Facilities) to delete the existing queuing area location for "Automotive Service, gasoline pump island" and to insert in its place "30 feet away from any driveway ramp."

…amend Section 17.20.090.A (Deferred Parking: Implementation of Deferred Parking) to insert as the last sentence the following: "No deferred parking plan shall be approved unless the property contains sufficient land area upon which required parking can be constructed as a surface parking lot."

Sponsored By: Leo Waters

AMENDMENT NO. 1

TO

ORDINANCE NO. O98-1321

Mr. President:

I move to amend Ordinance No. O98-1321 by deleting those provisions amending Title 17 of the Metropolitan Code relative to convenience centers or collection centers by amending Exhibit A as follows:

(1) By deleting the fourth paragraph proposing text changes to Chapter 17.04;

(2) By deleting the second paragraph proposing text changes to Chapter 17.08;

(3) By deleting all of the proposed text changes to Chapter 17.16.

 Introduced by: Leo Waters
Amendment Adopted: October 6, 1998

AMENDMENT NO. 2

TO

ORDINANCE NO. O98-1321

 Mr. President:

I move to amend O98-1321 by amending Section One thereof by amending Exhibit A attached thereto as follows:

By amending Chapter 17.08 (zoning districts and land uses) by inserting the following provision after the first paragraph of such proposed amendment to Chapter 17.08:

"The preceeding provisions shall expire and are expressly repealed and shall no longer be in force and effect from and after July 1, 1999.:

Sponsored By: Leo Waters
Amendment Adopted: November 17, 1998