ORDINANCE NO. BL2001-821

An ordinance amending Title 17 of the Metropolitan Code, the zoning code for Metropolitan Nashville and Davidson County, by amending Section 17.40.520 to require individuals or entities seeking to construct or alter a structure or initiate a change in the use of property to file an application for a zoning permit.

Whereas, the Metropolitan Code of Laws requires an application for a zoning permit to be filed prior to commencing any construction or alteration of a structure or initiating a change in use of the property and,

Whereas, the Metropolitan Code of Laws at present requires only the landowner to file such an application; and,

Whereas, various parties or entities, other than the landowner, may commence construction or alteration of a structure or initiate a change in use of the property; and,

Whereas, tenants and operators of businesses have initiated changes without the owner's knowledge and the Metropolitan Government has been unable to cite the tenants and operators of businesses for failing to obtain approval for this construction, alteration or change in use; and

Whereas, it is in the best interest of the Metropolitan Government and the public to require any party or entity, including the landowner, that seeks to construct or alter a structure or initiate a change in use on the property to file an application for a zoning permit prior to commencing any construction or alteration of a structure or initiating a change in use of the property.

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That Section 17.40.520 of the Metropolitan Code of Laws is hereby amended by deleting the sentence:
The landowner is required to file an application for a zoning permit with the zoning administrator prior to commencing any construction or alteration of a structure or initiating a change in the use of the property.

And inserting the following sentence:

An application for a zoning permit must be filed with the zoning administrator prior to any person or entity commencing any construction or alteration of a structure or initiating a change in the use of the property.

Section 2. That this Ordinance shall take effect five (5) days from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: J. B. Loring

LEGISLATIVE HISTORY

Introduced: August 21, 2001
Passed First Reading: August 21, 2001
Referred to: Planning Commission - Approved 8-0 (8/16/01)
Planning & Zoning Committee
Passed Second Reading: November 6, 2001
Passed Third Reading: November 20, 2001
Approved: November 21, 2001
By: Mayor Bill Purcell
Effective Date: November 28, 2001