ORDINANCE NO. BL2000-560

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, the Zoning Ordinance, primarily affecting commercial zoning districts, by creating three new land uses "Temporary Outdoor Storage", "Outdoor Storage", and "Mobile Storage Unit"; by modifying the location of billboards in PUDs; by modifying the development and establishment of zoning fees; by eliminating a floor area ratio for multi-family developments in the OR20 and OR40 zoning districts; by modifying the definition of a boarding house; by creating a definition for hotel/motel; and by modifying final site plan review requirements (2000Z-028T, 2000Z-030T, 2000Z-031T, 2000Z-032T, 2000Z-033T, 2000Z-038T, and 2000Z-039T), 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 as specifically described in Exhibit A, attached hereto and incorporated herein; and

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.

EXHIBIT A

 Temporary Outdoor Storage & Outdoor Storage

Temporary Outdoor Storage means the storage of equipment and non-hazardous materials, excluding inoperative or damaged vehicles or scrap operations, for a period not to exceed five years, such that the natural topography of the land and existing vegetation obscure the view of the storage area from any abutting piece of property that permits a residential use, from any public right-of-way, public park, and private or public school. 

·          By amending Section 17.04.060 (Definitions of general terms) to add “Outdoor Storage” in alphabetical order as follows:

Outdoor Storage means the storage of equipment and non-hazardous materials such that the natural topography of the land and existing vegetation obscures the view of the storage area from any abutting piece of property that permits a residential use, public park, and private or public school.

·          By amending Section 17.08.030 (District land use tables:  Commercial Uses) by adding “Temporary Outdoor Storage” as a SE (special exception use) to the AR2a, R80, and RS80 districts and “Outdoor Storage” as a PC (permitted with conditions use) in the IG district.

·          By amending Section 17.16.185 (Special Exception Uses: Industrial special exceptions (SE)): to add “Temporary Outdoor Storage” in alphabetical order as follows:

Section 17.16.185

B.   Temporary outdoor storage.

1.       A site plan shall be prepared and submitted identifying and describing the overall development plan and use of all individual lots which comprise the site as a whole, in accordance with Section 17.40.170 of this title.

2.       Permit Period.  The use shall be permitted for a period of five (5) years.  At the expiration of the permit period, the landowner shall reapply to the board of zoning appeals for a special exception use.  The board shall consider the landowner’s prior operating history of the temporary outdoor storage use in determining its compatibility with existing and future land uses.  Permit extensions of five years may be granted by the board.   Once the initial permit and extension periods have expired, the use shall no longer operate on the property.  All materials, equipment, and structures shall be removed from the site, returning it to its pre-storage condition.  A snapshot shall be taken by the applicant and submitted to the board along with a signed affidavit indicating the date and time on which the photograph(s) were taken to establish the site’s pre-storage conditions.

3.       Street Standard.  The site shall have access to a non-residential collector or arterial street.  Depending on the use, a Traffic Impact Study (TIS) may be required to demonstrate that truck traffic generated will use only streets that function at, or better than, Level of Service C.

4.       Lot Size.  The minimum lot area shall be 5 acres.

5.       Landscaping.  The site’s existing natural topography shall obscure the view of the site’s storage area from any abutting piece of property that permits a residential use, from any public right-of-way, public park, and private or public school.  No additional landscaping shall be added to fill-in and make the storage area more obscure from off-site locations.

6.       Grading.   No grading shall occur on-site that would alter the site’s existing topography or vegetation so as to make the storage area less visible from abutting properties, public right of way, public park, and private or public school.

7.       Structures.  A small, temporary structure or shed not exceeding 500 square feet may be placed on the property for storage of equipment and materials.  No paved surfaces shall be permitted.

8.       Utilities. Only temporary water and electrical service may be provided to the site.

9.      Security lighting.  One pole-mounted light shall be permitted for security purposes provided all lighting is directed on-site and is not visible from any abutting property, public right-of-way, public park, and private or public school.

10.    Signs.   No signs shall be permitted advertising the temporary outdoor storage use or its location, including directional signs, except those necessary on-site to inform persons of danger or hazardous conditions.

11.    Fuel pumps.  No fuel pumps shall be installed on-site for equipment maintenance or servicing.

Mobile Storage Unit

·          By amending Section 17.04.060 (Definitions of general terms) to add “Mobile Storage Unit” in alphabetical order as follows:

Mobile Storage Unit means the purchase, lease, or rental of any storage unit, trailer, or container that is either set on the ground or on wheels, and which is typically used for, but is not limited to the storage of equipment, excess inventory, layaway items, back-to-school merchandise, seasonal merchandise, records, or clearance sale items.  A mobile storage unit excludes containers belonging to a railroad or barge operation located in a railroad yard, on a railroad track, and on or near a navigable river.

·          By amending Section 17.08.030 (District land use tables:  Commercial Uses) by adding “Mobile Storage Unit” as a PC (permitted with conditions) to the MUL, MUG, MUI, ORI, CL, CS, CA, CF, CC, SCC, and SCR zoning districts.

·          By amending Section 17.16.070.I (Uses Permitted with Conditions (PC):  Commercial Uses) to add “Mobile Storage Unit” in alphabetical order as follows:

Section 17.16.070

I.        Mobile Storage Unit. 

1.       Within any calendar year, a lot of record shall have a maximum of one storage event for all units located on that lot.  An event is defined as a storage period totaling no more than 90 days for all units. The storage period begins the day the first unit is located on the site and terminates 90 days thereafter regardless of how recently additional units may have been added to the existing storage area.  If all units are removed prior to the 90-day period on a lot, the storage period shall have been deemed to have occurred for that calendar year.

2.       All units shall be maintained in a good state of repair and appearance.

3.       All units shall be located at the rear or side of a building where excess parking exists.

4.       No unit shall be located in or prevent the use of a required parking space or drive aisle.

5.       No unit shall be stacked on top of another unit.

6.       No signage or advertising may be placed on the unit except the name and phone number of the rental or leasing company from whom the unit is being leased or rented.

Billboards

·          By amending Section 17.32.150.A (Billboards) to prohibit billboards within any built or unbuilt Planned Unit Development as follows:

      Districts Permitting Billboards. Billboards shall be permitted in the CL, CS, IWD, CF, IR and IG districts subject to the provisions of this chapter and this title. Billboards shall not be permitted in any built or unbuilt Planned Unit Development regardless of the base zoning district. Type I billboards are prohibited in the CL district. Type II billboards in the CL district shall be limited to those areas of a lot which are within three hundred feet of the right-of-way of a controlled access highway, and all billboards shall be oriented towards that highway.

Zoning Fees

·          By amending Sections 17.40.750, 17.40.760, and 17.40.770 to clarify that the Zoning Administrator, Planning Commission, and Board of Zoning Appeals may develop for the Council’s consideration fee schedules as follows:

Section 17.40.750  Fees established by the zoning administrator.

The zoning administrator may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of final site plan applications for properties not subject to approval by the planning commission, and for all other permits reviewed under the jurisdiction of the zoning administrator.

Section 17.40.760  Fees established by the planning commission.

The planning commission may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

1. A change in zoning district classification on the official zoning map;
2. A change in the text of the Zoning Regulations;

B.             Applying, canceling or modifying a planned unit development (PUD) or an overlay district; urban design overlay, institutional overlay or adult entertainment overlay district;

3. A final site plan;
4. The noticing by mail, advertising in a newspaper of general circulation, and posting signs for a public hearing deferred by the planning commission or the metropolitan council; and,

E.   A mandatory referral for an encroachment of the public right-of-way, a street name change, or the abandonment of a public street, alley or easement.

Section 17.40.770  Fees established by the board of zoning appeals.

The board of zoning appeals may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

A. A variance to a provision of this title;

B. A special exception use;

C. A change to a nonconforming use or structure;

D.Any other application in which the board is required or requested to act.

Multi-Family Development:  OR20 and OR40 Districts

·          By amending Section 17.12.020 (District bulk tables), specifically, Table 17.12.020B:  Multi-Family, Mobile Homes, and Non-Residential Uses, by adding the OR20 and OR40 districts to “Note 2” that appears at the bottom of the table as follows:

Note 2:  No maximum FAR applies to multifamily developments in the RM15, RM20, RM40, or RM60, OR20, or OR40 districts.

 Boarding House

·          By amending Section 17.04.060 (Definitions of general terms) to modify the definition of a  “Boarding House”as follows:

Boarding House means a residential facility or a portion of a dwelling unit for the temporary accommodation of persons or families in a rooming unit, containing not fewer than three (3) nor more than ten (10) rooms that are rented to or occupied by an individual, whether for compensation or otherwise, where each individual has a separate, for a period of no less than 30 days and no more than six months, whether for compensation or not, who are in need of lodging and may be in need of personal services, meals, supervision, or rehabilitative services.   Rooms are used or designed for living or sleeping purposes without free access to and use of the rest of the structure.   Boarding house does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention home, or other institution in which individuals are housed and detained under legal restraint.

·          By amending Section 17.04.060 (Definitions of general terms) to add a definition for “Hotel/Motel”as follows:

Hotel/Motel means a use located in a structure containing 10 or more rooms offering sleeping accommodations at a daily rate to paying guests for a period generally less than 30 days, and which may provide one or more additional services such as restaurants, meeting rooms, and recreational facilities.

Final Site Plan Review

·          By amending Section 17.40.170.B (Final Site Plan:  Final Approval by the Planning Commission) in its entirety and substituting in lieu thereof as follows:

17.40.170.B Final Approval by the Planning Commission. Planning commission approval shall be required for a final site plan within a planned unit development (PUD) district, an urban design overlay district, or an institutional overlay district.

1. Application for Final Approval. A final site plan application filed with the planning commission shall consist of a detailed set of construction plans that fully demonstrate compliance with all applicable provisions of this title and accurately represent the resulting form of construction. Applications shall include all necessary drawings, specifications, studies or reports as required by a submittal checklist adopted by the planning commission.

2.   Final Report. A written report from the staff of the planning commission shall be submitted to the commission prior to consideration of a final site plan. The report shall adequately describe the location, nature and scope of the final site plan, and its conformance with applicable codes and regulations.

3.   Bases for Final Site Plan Approval. Approval of a final site plan shall be based on demonstrated compliance with all applicable provisions of this title. For property located within a planned unit development (PUD) district, the final site plan shall conform to the general development concept and approval provisions of the master development plan.

4. Planning Commission Action. The planning commission shall act to approve, conditionally approve or disapprove a final site plan application.

5. Permits and Certificates. Upon satisfaction of all conditions of approval, an approved final site plan shall be forwarded by the planning commission to the zoning administrator to form the basis for zoning permits. No zoning permit shall be issued prior to approval of the final site plan by the planning commission, nor shall a certificate of zoning compliance be issued unless all construction is in compliance with the final site development plan approved by the planning commission.

         17.40.170.B.  Final Approval by the Planning Commission.   Planning commission approval shall be required for a final site plan for uses designated in this title, properties located within a planned unit development (PUD) district or an institutional overlay district.  Properties located within an urban design overlay district or a mixed-use district shall be subject to items 1, 3, 4, 5, 8, 9, 11, 12 and 13 as noted below.

1.                    Exemptions From Final Site Plan Review. 

a.    Interior and exterior alterations which require no additional parking and do not increase the floor area of the structure. 

b.    Signs when not part of any other development requiring final site plan approval.

2.                    Application Conference.  Except where this requirement is specifically waived by the planning director, the applicant shall meet with the Planning Department staff prior to submitting an application for final site plan approval, to discuss basic site plan procedures and requirements, and to consider the elements of the site in question and the proposed development.

3.                    Application for Final Approval. A final site plan application shall be submitted in a form and content established  by the planning commission, along with the require application fee.   At a minimum, the application shall be accompanied by scaled drawings, proof of payment for sewer capacity, and any necessary reports, including traffic impact studies, to demonstrate compliance with the criteria set forth in this Title and to ensure compatibility with surrounding uses, and detailing the following:

a.    The overall property boundary including base zoning district for each property;

b.    The property map and parcel number for each property;

c.    A vicinity map (not to scale);

d.    The location, orientation, arrangement, and size of all existing and proposed structures, features and other elements and associated parking spaces, including a drawing showing structure’s exterior design and elevations;

e.    The location of any structures located within 100 feet to the boundaries of the proposed development;

f.     The ownership of any abutting properties including those located directly across the street (if less than four travel lanes).

g.    The type, location, number, and size of all existing and proposed vegetation and landscaping;

h.    The location, name, and width of any proposed greenway located within 100 feet of the proposed property;

i.      The location, width, height, and type of any existing and proposed fence or wall;

j.      The location and type of sign(s).  For community education uses, school marquees proposed to identify the school and on-going school activities;

k.    The location of all lights on the buildings or in parking lots or athletic fields;

l.      For community education uses, the location and type of outdoor educational and scholastic activities such as but not limited to athletic events using indoor or outdoor athletic facilities, playground, marching band, and performing arts/assembly buildings.

m.  The location of any accessory structures for refuse collection, recycling, or maintenance;

n.    The existing and proposed location of any water mains, sewer lines, and electrical lines required to serve the property;

o.    The location, name, and dimension of all existing and proposed easements on the property;

p.    The topography of site  and extending 50 feet beyond the property line, including any sinkholes, water bodies, and steep slopes;

q.    The floodway. floodway buffer, and 100-year floodplain of any water course;

r.     The location of all proposed stormwater retention or detention facilities and water quality improvement features;

s.    The location and dimensions of any patios or porches;

t.     The location of external air conditioning units;

u.    The location of all existing and proposed access points including joint access and cross-access agreements, transit stops within 300 feet of the property, loading areas, and drive-thru lanes;

v.     The location, name, dimension, and centerline of all existing streets, medians, median cuts, and alleys within 300 feet of the property.  The centerline shall apply to streets and alleys only;

w.  The location and width of all sidewalks located within 300 feet of the property and existing on the property, if any, for internal drives, private streets, and public streets;

x.    Tabular data identifying the specific existing and proposed principal and accessory uses and square footage; proposed densities; floor area ratios; impervious surface ratios; building height(s); and existing, required, and proposed number of parking spaces;

y.    A proposed development schedule including any phasing; and,

z.     Certification by a civil engineer, architect, landscape architect, or urban planner of direct involvement in the preparation of the final site plan.

4. Relationship to Other Requirements. Unless explicitly authorized otherwise by the approved final site plan, all requirements and standards established by other chapters of this title, as well as any other applicable metro, state or federal regulation, shall apply to the development and use of properties located within the final site plan. All development shall conform to Chapter 15.64, the "Ordinance for Storm Water Management" and the subdivision regulations. In case of conflict between the standards of this article and other chapters of this zoning code, the provisions of this article shall control.

5.                 Design Standards.  To ensure the compatibility of proposed new development with surrounding uses and streetscape, the final site plan shall adequately address the following design elements at a minimum:

a.    Building mass and scale. The mass and scale of any new construction or alterations to an existing building or site shall be consistent with, and in relation to existing and surrounding uses, buildings, structures, streetscape, and neighborhood context and character. Improvements shall relate to pedestrian scale and activity.

b.    Parking. The number of any required parking spaces shall be established recognizing any available on-street and alternative parking available permitted by this Title in the area.   New parking spaces shall be located so as not to disrupt the continuity of the existing neighborhood context, building rhythm, and streetscape to the side and rear of the feature to the extent possible.

c.     Lighting. Lighting shall be designed and located at a pedestrian scale consistent with pedestrian movements and the neighborhood. Lighting shall be concealed or shielded to avoid glare and off-site impacts on abutting properties. Lighting poles and fixtures shall be compatible with the function and design of the feature and abutting properties.

d.     Signs. Any sign, where permitted as part of the final site plan, shall be consistent with the context, scale, and character of the neighborhood and in particular streetscape where the proposed development is to occur. The development’s mass and scale and the neighborhood in which it is located shall be considered in any sign size and design to ensure sensitivity and proportion to surrounding properties.

e.     Landscaping. Landscaping shall enhance and reinforce the distinguishing characteristics of the development site and appropriately buffer adjacent properties.

f.      Refuse Storage, Recycling, 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).  Such areas shall be located a minimum of 20 feet from any property line abutting another lot under different ownership.

g.     Loading docks.  Where the site abuts another lot under different ownership, the building wall facing such lot shall not have any service door openings or loading docks oriented toward that other property.

h.     Accessory structures.  The location of any accessory structures for equipment storage or maintenance shall be located a minimum of 20 feet from any abutting property line of a lot under different ownership.  Such structures shall be painted and maintained in a state of good repair and appearance.  No outdoor storage shall be permitted except for outdoor playground equipment.

6.  Incomplete Applications. If the planning department determines that the application fails to satisfy the minimum requirements of an adopted submittal checklist, the applicant shall be notified in writing within ten working days from the date the submitted application was incomplete and detailing the specific information that is needed.

7. Written Report.   The staff of the planning commission shall review all applications and submit a written report to the planning commission for all new development and major modifications to serve as a basis for action. The report shall adequately describe the location, nature and scope of the proposed development, and the manner in which the plan demonstrates conformance with the development and performance standards of section and title.

8.  Metro Historic Zoning Commission Action.  Any feature located within an historic overlay district, listed on the national register of historic places, or eligible for the national register of historic places, shall first be referred to and reviewed by the metropolitan historic zoning commission. The commission shall provide a written recommendation to the planning commission on any alterations proposed to the feature which would be subject to any applicable historical design review guidelines.

9.       Administrative Review and Approval.  The Planning Director shall act to approve, conditionally approve, or disapprove, stating the reasons in writing for any disapproval, an application within an urban design overlay district or mixed-use district.  A final site plan action by the planning director may be appealed by the applicant to the Planning Commission.  The approval of a final site plan by the planning director may be appealed to the Planning Commission by a non-applicant within thirty days following commencement of construction as defined by Section 17.04.030(A)(1).  (Ord. 96-555 § 10.6(I), 1997).

10. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve or disapprove an application, stating in writing the reasons for any disapproval to the applicant, except for properties within an urban design overlay or mixed-use district. 

11. Conditions of Approval.  The Planning Commission may conditionally approve the design, operation, location of buildings, structures, and/or uses.  All conditions shall be transmitted in writing to the applicant after the commission’s approval.  Within ten working days of an action, the commission's resolution shall be transmitted in writing to the zoning administrator and all other appropriate governmental departments. Conditions shall be adopted that serve to preserve and reinforce the context of the streetscape, neighborhood character, and compatibility with surrounding uses, such as, but not limited to:

a.      Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare, and odor;

b.      Limit the height, size or location of a building or other structure;

c.      Designate the size, number, location or nature of vehicle or pedestrian access point in accordance with Chapter 17.20;

d.      Increase the amount of street dedication, roadway width, or improvements required within the street right-of-way in accordance with the subdivision regulations and Chapter 17.20;

e.      Designate the size, location, screening, drainage, surfacing, or other improvement of a parking or truck loading area;

f.       Limit or otherwise designate the number, size, location, height or lighting of signs;

g.      Limit the location and intensity of outdoor lighting or require its shielding;

h.      Require berming, screening, landscaping, or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility;

i.        Designate the size, height, location or materials for a fence;

j.        Protect existing trees, vegetation, water resources, wildlife habitat, or other natural resources;

k.      Specify development phasing;

l.        Specify other conditions to permit development of the city in conformity with the intent and purpose of this title.

12. Changes to a Final Site Plan. Applications to modify a final site plan in whole or in part shall be filed with the planning department.

a.     Minor modifications. The planning director shall have the authority to grant minor modifications to the permit that do not exceed 10% of an individual structure’s square footage limitation, building setback, lot coverage, landscaping requirement, parking requirement, or dimensional requirement relating to fences or walls. At the planning director’s discretion, any minor modification may be referred to the planning commission for consideration in accordance with Section 17.40.280 of this title.

b.    Major modifications. All other modifications to the approved plan shall be considered major modifications subject to the planning commission’s review and action as set forth in this section.

13.  Development Permits. All zoning, building and other land development permits shall only be issued in conformance with the provisions of the approved final site plan.

Sponsored by: Phil Ponder & Brenda Gilmore

AMENDMENT NO. 2

TO

ORDINANCE NO. BL2000-560

Mr. President:

I move to amend Ordinance No. BL2000-560 as follows:

1. Section 17.40.170.B Final Approval by the Planning Commission by inserting at the beginning of the sentence before the words "Planning Commission approval" the following: "Except as provided in Section 17.40.170.B9 below,";
2. Section 17.40.170.B8 Metro Historic Zoning Commission Action by inserting in the second sentence after the word "Planning" the word "Director" and deleting the word "Commission";
3. Section 17.40.170.B9 Administrative Review and Approval by inserting in the third sentence after the word "Planning" the words "Commission within 30 days of the Planning Director’s action by a non-applicant." and by deleting the words "by a non-applicant within thirty days following commencement of construction as defined by Section 17.40.030(A)(1). (Ord. 96-555 § 10.6 (I), 1997)."
4. Section 17.40.170.B10 Planning Commission Action by inserting in the first sentence after the word "application" the words "or appeal presented to it" and deleting at the end of the sentence the words

", except for properties within an urban design overlay or mixed-use district."

5. Section 17.40.170.B11 Conditions of Approval by inserting in the first sentence after "The Planning Commission" the words "or Planning Director", deleting in the second sentence the words "the commission’s" and deleting in the third sentence the words "commission’s resolution" and inserting in its place the word "approval".
6. Section 17.40.170.B12.a Changes to a Final Site Plan – Minor Modifications by deleting the words "square footage" and inserting in its place "floor area"
7. Section 17.40.170.B12.b Changes to a Final Site Plan – Major Modifications by deleting the words "the Planning Commission’s" and inserting in its place "stated"

Sponsored by: Phil Ponder
Amendment Adopted: February 20, 2001