ORDINANCE NO. BL2003-1346

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by adopting sections 17.16.110 and 17.16.210 in their entirety and that portion of the district land use tables pertaining to waste transfer stations found at Section 17.08.030 as currently written in the Metropolitan Code of Laws for the Metropolitan Government of Nashville and Davidson County, as published by the Lexis Nexis publishing group, for the purposes of designating waste transfer stations as special exceptions. (Proposal No. 2003Z-007T)

Whereas, it appears there is a mistake in the codification of sections 17.16.110 and 17.16.210 of the Metropolitan Code of Laws for the Metropolitan Government of Nashville and Davidson County, as published by the Lexis Nexis publishing group, to wit: the current language of sections 17.16.110 and 17.16.210 as well as the district land use tables found at Section 17.08.030 appear to reflect the intention of the Metropolitan Council as such intent was evidenced during adoption of the revised zoning code in 1997, but there was no formal action by Council to adopt the current language of sections 17.16.110 and 17.16.210 in their entirety, nor to designate waste transfer stations as special exceptions in the land use tables found at section 17.08.030; and,

Whereas, this mistake was made as a part of the passage of the Metropolitan Zoning Ordinance contained in SO96-555, effective January 1, 1998, as amended, which was adopted by Council to replace the former Comprehensive Zoning Ordinance; and,

Whereas, it is, and always has been, the intent of the Metropolitan Council to designate waste transfer stations as special exceptions (SE) and not permitted with conditions (PC), nor permitted by right (P); and,

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

Section 1: That Sections 17.16.110 (attached as Exhibit A) and 17.16.210 (attached as Exhibit B) as currently written in the Metropolitan Code of Laws for the Metropolitan Government of Nashville and Davidson County, as published by the Lexis Nexis publishing group, and as amended by Ordinance No. BL2002-1273, as amended (attached as Exhibit C), are hereby formally adopted in all particulars in order that waste transfer stations shall be designated as special exceptions (SE) and not as permitted with conditions (PC), nor as permitted by right (P).

Section 2: That the portion of the land use tables found at Section 17.08.030 (attached as Exhibit D) pertaining to waste transfer stations as currently written in said Metropolitan Code of Laws is also hereby formally adopted in all particulars in order that waste transfer stations shall be designated as special exceptions (SE) and not designated as permitted with conditions (PC), nor as permitted by right (P) on said land use tables.

Section 3: This Ordinance shall take effect from and 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: David Briley

View Exhibit A

View Exhibit B

View Exhibit C

LEGISLATIVE HISTORY

Introduced: February 18, 2003
Passed First Reading: February 18, 2003
Referred to: Planning Commission - Approved 9-0 (3/27/2003)
Planning, Zoning & Historical Committee
Passed Second Reading: May 6, 2003
Passed Third Reading: May 20, 2003
Approved: May 21, 2003
By: Bill Purcell
Effective Date: May 24, 2003