ENACTED 05/18/1999

ORDINANCE NO. O99-1642

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, relating to permitting consignment sales in residential areas, all of which is more particularly described herein.

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

WHEREAS, Ordinance O98-1321 and O98-1323 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;

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

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: Phil Ponder

Exhibit A

Chapter 17.04 (General Provisions and Definitions)

…amend Section 17.04.060 (Definitions) to insert a definition for "Consignment Sale" as follows:

Consignment Sale means a sale of personal property by someone who is acting as an agent of another.

Chapter 17.08 (Zoning Districts and Land Uses)

…amend Table 17.08.030 (Zoning District Land Use Table) to insert "Consignment Sale" in alphabetical order as a "PC" (permitted w/conditions) in the AG, AR2a, RS80 – RS7.5, R80 – R6, RM2 – RM20, RM40 – RM60, MHP and to insert as a "P" (permitted) in the MUN, MUL, MUG, MUI, OR20, OR40, ORI, CF, CC and SCR districts.

Chapter 17.16 (Land Use Development Standards)

…amend Section 17.16.030 (Permitted w/conditions: Residential Uses) to insert Consignment Sale in alphabetical order as follows.

Consignment Sale. A consignment sale shall be permitted provided the following conditions are met:

1.  Consignment sale must be held or conducted in or upon real property, and must be accessory to the principal use of the land.

2.  Lot Area. A minimum lot size of three acres shall be required for any consignment sale.

3.  Within any calendar year, a maximum of two consignment sale events shall occur per lot. An event is defined as a consignment sale that may occur for one day, two days and at most three days per an event.

4.  Parking. Adequate off-street parking shall be provided to reduce traffic congestion and the blocking of driveways to other private or public properties.

5.  An auction of a decedent’s personal estate and/or real property conducted by a licensed auctioneer shall not be counted as a consignment sale.

AMENDMENT NO. 1

TO

ORDINANCE NO. O99-1642

Mr. President:

I move to amend Ordinance No. O99-1642 by inserting the phrase "(99Z-005T)" in the last line of the bill’s caption before the word "all".

Sponsored By: Roy Dale
Amendment Adopted: May 4, 1999

LEGISLATIVE HISTORY
Introduced:	April 6, 1999
Passed First Reading:	April 6, 1999
Referred to:	Planning Commission - Disapproved 7-0 (4/1/99) Planning & Zoning Committee
Amended:	May 4, 1999
Passed Second Reading:	May 4, 1999
Passed Third Reading:	May 18, 1999
Approved:	May 24, 1999
By:
Effective Date:	May 26, 1999