An ordinance amending Chapter 17.24 of the Metropolitan Code of Laws relative to landscaping, buffering and tree replacement requirements.

Whereas, The Metropolitan Government of Nashville and Davidson County has previously adopted zoning ordinances creating landscaping, buffering and tree replacement requirements; and
Whereas, The Metropolitan Government of Nashville and Davidson County has monitored the effectiveness of these ordinances in protecting 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 these zoning ordinances so as to better achieve their goals.
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan Code of Laws Section 17.24.020 shall be and the same is hereby amended by adding the following sentence at the end of said section:

The plan shall also show topography, location of all utilities, and either an underground sprinkler system or hose bib attachments.

Section 2. That the Metropolitan Code of Laws Sections17.24.030 through 17.24.050 shall be and the same is hereby amended
by renumbering each section as follows:

Section 17.24.030 is hereby renumbered Section 17.24.050.
Section 17.24.040 is hereby renumbered Section 17.24.030.
Section 17.24.050 is hereby renumbered Section 17.24.040.

Section 3. That the Metropolitan Code of Laws Section 17.24.060(F) shall be and hereby is amended by deleting the entire subsection and substituting the following language:

In addition to the requirements imposed by Sections 17.24.130 through 17.24.170 and Sections 17.24.180 through 17.24.240 of this Chapter, areas used for the temporary or permanent storage of inoperable or damaged vehicles shall be screened from properties zoned or policied residential and from public streets by means of an opaque fence or wall not less than six feet in height.

Section 4. That the Metropolitan Code of Laws Section 17.24.080(B)(2) shall be and hereby is amended by deleting the words "A hose attachment within two hundred feet of all landscaping;" and substituting the words "An outside hose attachment within one hundred feet of all landscaping;"

Section 5. That the Metropolitan Code of Laws Section 17.24.080 shall be and hereby is amended by deleting subsections 17.24.080(B)(3) and 17.24.080(B)(4) in their entirety.

Section 6. That the Metropolitan Code of Laws Section 17.24.100(H) shall be and hereby is amended by adding the following sentence at the end of said section:

All trees and shrubs required by this code shall be inspected within three years of initial planting.

Section 7. That the Metropolitan Code of Laws Section 17.24.110(D)(1) and 17.24.110(D)(2) shall be and hereby is amended by deleting said sections in their entirety and substituting the following language:

1. Chain link fencing at least four feet in height and secured using appropriate posts spaced not more than ten feet apart.

Section 8. That the Metropolitan Code of Laws Section 17.24.110(D)(3) shall be and hereby is amended by renumbering said section 17.24.110(D)(2).

Section 9. That the Metropolitan Code of Laws Section 17.24.110(E)(1) shall be and hereby is amended by adding the following language at the end of said section:

The Urban Forester may propose rules and regulations governing and/or limiting excavation or trenching by duly constituted utilities in the tree protection zone. Upon the approval by the metropolitan planning commission of such rules and regulations pursuant to Metropolitan Code of Laws § 2.104.020, excavation and trenching in the tree protection zone shall be permitted only pursuant to such rules and regulations.

Section 10. That the Metropolitan Code of Laws Section 17.24.120 shall be and hereby is amended by deleting the title "Prohibited trees" and substituting the title "Less desirable trees."

Section 11. That the Metropolitan Code of Laws Section 17.24.140 shall be and hereby is amended by adding a new subsection D with the following language:

Required parking area screening and landscaping shall not be permitted in utility or drainage easements unless approved by the affected utility and, if approved, the property owner shall execute and record a restrictive covenant agreeing to full replacement of plant materials which may be removed by the utility in the exercise of its rights within the easement.

Section 12. That the Metropolitan Code of Laws Section 17.24.210(C) shall be and hereby is amended by deleting the word "Evergreen" from the first and third sentences.

Section 13. That the Metropolitan Code of Laws Section 17.24.210(C) shall be and hereby is amended by adding the following language after the first sentence:

At least one-half of the required shrubs shall be locally adapted evergreen species."

Section 14. That the Metropolitan Code of Laws Section 17.24.210(D) shall be and hereby is amended by deleting the entire subsection and substituting the following language:

Utility and Drainage Easements. Required landscape buffer yards shall not be permitted in utility or drainage easements unless approved by the affected utility and, if approved, the property owner shall execute and record a restrictive covenant agreeing to full replacement of plant materials which may be removed by the utility in the exercise of its rights within the easement.

Section 15. That the Metropolitan Code of Laws Figures 17.24.240A through 17.24.240D shall be and hereby are amended by adding the following language at the bottom of each figure:

All examples are per 100 linear feet.

Section 16. That the Metropolitan Code of Laws Figure 17.24.240A shall be and hereby is amended by deleting A-4.

Section 17. That the Metropolitan Code of Laws Figure 17.24.240A shall be and hereby is amended by changing A-1 from "20'" to "15'."

Section 18. That the Metropolitan Code of Laws Figure 17.24.240A shall be and hereby is amended by changing A-2 from "15'" to "10'."

Section 19. That the Metropolitan Code of Laws Figure 17.24.240A shall be and hereby is amended by changing A-3 from "10'" to "5'" and by adding "(With Opaque Fence)."

Section 20. That the Metropolitan Code of Laws Figure 17.24.240B shall be and hereby is amended by deleting B-4.

Section 21. That the Metropolitan Code of Laws Figure 17.24.240B shall be and hereby is amended by changing B-1 from "25'" to "20'."

Section 22. That the Metropolitan Code of Laws Figure 17.24.240B shall be and hereby is amended by changing B-2 from "20'" to "15'."

Section 23. That the Metropolitan Code of Laws Figure 17.24.240B shall be and hereby is amended by changing B-3 from "15'" to "10'."

Section 24. That the Metropolitan Code of Laws Figure 17.24.240C shall be and hereby is amended by deleting C-4.

Section 25. That the Metropolitan Code of Laws Figure 17.24.240C shall be and hereby is amended by changing C-1 from "35'" to "30'."

Section 26. That the Metropolitan Code of Laws Figure 17.24.240C shall be and hereby is amended by changing C-2 from "30'" to "25'."

Section 27. That the Metropolitan Code of Laws Figure 17.24.240C shall be and hereby is amended by changing C-3 from "25'" to "20'."

Section 28. That the Metropolitan Code of Laws Figure 17.24.240D shall be and hereby is amended by deleting D-4.

Section 29. That the Metropolitan Code of Laws Figure 17.24.240D shall be and hereby is amended by changing D-1 from "60'" to "50'."

Section 30. That the Metropolitan Code of Laws Figure 17.24.240D shall be and hereby is amended by changing D-2 from "50'" to "40'."

Section 31. That the Metropolitan Code of Laws Figure 17.24.240D shall be and hereby is amended by changing D-3 from "40'" to "30'."

Section 32. That this ordinance take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Jim Shulman & Tony Derryberry

Amendment No. 1

To

Ordinance No. BL2001-750

Mr. President:

I move to amend Ordinance No. BL2001-750 as follows:

1. By amending Section 3 by deleting the phrase "or policied" wherein it appears in the revisions to Section 17.24.060(F); and

2. By adding the following new Section 32 and renumbering the present Section 32 to be Section 33:

"Section 32. That the provisions hereinafter provided which were deleted from the previous code revision, shall be added immediately following Section 17.24.160 A., paragraph 1:

Trees shall be required at the minimum of one canopy tree for every fifteen parking spaces. All vehicular use areas located within the same block which serve one or more businesses or uses of land or share unified ingress and egress shall be considered as a single vehicular use area for the purpose of computing the required rate of trees, notwithstanding ownership. Required trees shall be at least six feet in height and two inch caliper. (See Figure 17.24.160) For principal use parking areas located in the CC and CF districts not otherwise exempt for the interior planting requirements, street frontage trees planted to satisfy the requirements of Section 17.24.150 shall count towards the interior planting requirements of this section."

Sponsored By: Jim Shulman
Amendment Adopted: October 2, 2001

LEGISLATIVE HISTORY
Introduced:	June 19, 2001
Passed First Reading:	June 19, 2001
Referred to:	Planning Commission - Approved 8-0 (8/16/01) Planning & Zoning Committee
Passed Second Reading:	September 4, 2001
Deferred:	September 18, 2001
Amended:	October 2, 2001
Deferred:	October 2, 2001
Passed Third Reading:	October 16, 2001
Approved:	October 17, 2001
By:
Effective Date:	October 22, 2001