ORDINANCE NO. BL2000-479

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, by amending Section 17.20.120 regarding the provision of sidewalks in multi-family and non-residential developments (2000Z-025T), all of which is more particularly described herein.

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

SECTION 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, be and is hereby amended by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference, as follows:

By amending Section 17.20.120 (Provision of sidewalks) by deleting and adding language as follows:

Section 17.20.120 Provision of sidewalks.

In multifamily, mixed-use, office and shopping center districts established by Section 17.08.010, Multi-family and nonresidential developments shall incorporate pedestrian sidewalk connections as provided for in this section to facilitate safe and convenient pedestrian movements for the residents, employees and/or patrons of such developments, and to reduce dependency on the automobile, thus reducing traffic congestion on the community's streets and protecting air quality. This article shall not decrease the allowable floor area ratio, and shall apply if any one of the following conditions exists: (1) the development is in an activity center as defined by the general plan; (2) an existing sidewalk network exists on an adjacent development; or (3) the total development contains more than fifty thousand feet of nonresidential gross floor area or fifty dwelling units.

The provisions of this section shall not apply to the redevelopment of property when: the value of any one expansion is less than twenty-five percent, or the value of multiple expansions during any five-year period is less than fifty percent of the value of all improvements on the lot prior to expansion; or the total building square footage of any one expansion is less than twenty-five percent, or the total building square footage of multiple expansions during any five-year period is less than fifty percent of the total building square footage of all improvements on the lot prior to expansion. When a sidewalk network exists at the time of redevelopment and is noncompliant with the current standards of the metropolitan government, they shall be brought into compliance when the property is redeveloped as defined in this section.

On-Site Sidewalk Installation. A continuous, all-weather internal sidewalk network, constructed to a minimum width of four feet for residential and five feet for nonresidential developments, shall connect all pedestrian building entryways to parking areas and the site boundary(ies) oriented towards off-site attractors (see subsection B of this section). Sidewalks shall be designed and constructed to be distinguishable from driving surfaces. Sidewalks shall form a continuous network connecting primary access points and public transportation.

Off-Site Sidewalk Installation. If nonexisting at the time of development, sidewalks shall be provided along that collector or arterial street fronting the property which is expected to provide principal pedestrian access to and from the development. In addition, on any street type where public sidewalks exist within a block face or on adjacent property, sidewalks shall also be provided along those streets fronting the property. Existing sidewalks which do not comply with the standards of the metropolitan government shall be brought into compliance as part of a new development. Sidewalks constructed within the public rights-of-way shall be installed in accordance with the adopted standards of the metropolitan government. If such sidewalk construction is currently programmed by the metropolitan government within an adopted capital improvements budget, the developer may make an equivalent financial contribution to metropolitan government in lieu of construction. (Ord. 96-555 § 5.3(J), 1997)

C. Improvements required on public rights-of-way under Section B shall be reviewed for compliance by the Department of Public Works. Bonds for work in the public rights-of-ways shall be posted by the developer and maintained by the Department of Public Works when not part of the subdivision process. No building permit shall be issued by the Department of Codes Administration until the Department of Public Works has released the building permit. Prior to the Department of Codes Administration authorizing final use and occupancy, the Department of Public Works shall inspect and approve the sidewalk improvements in the public rights-of-way.

SECTION 2. BE IT FURTHER ENACTED, That this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Don Knoch