SUBSTITUTE ORDINANCE NO. BL99-117

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Code of the Metropolitan Government of Nashville and Davidson County, all of which is more particularly described herein.

WHEREAS, Substitute Ordinance SO96-555 enacted a new comprehensive zoning code (Title 17 of the Metropolitan Code of Laws); and

WHEREAS, Ordinance O98-1267, O98-1268, O98-1269, O98-1321, O98-1322, O98-1479, O99-1545, O99-1614, O99-1615, O99-1616, O99-1642, O99-1643, O99-1753, and O99-1754 recently amended the zoning code (Title 17 of the Metropolitan Code of Laws); and

WHEREAS, the Metropolitan Government of Nashville and Davidson County has monitored the effectiveness of that new code to implement the general plan and protect 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 that new zoning code so as to better implement the general plan and protect the public health, safety and general welfare of the community;

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

SECTION 1. That Title 17 of the Metropolitan Code of Laws, be and is hereby amended as specifically described in Exhibit A, attached hereto and incorporated herein; and

SECTION 2. This ordinance shall take effect five days from and after its passage upon publication of the caption and a summary of the ordinance in a newspaper of general circulation in Metropolitan Nashville and Davidson County, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Exhibit A

Chapter 17.04 (General Provisions and Definitions)
…amend Section 17.04.060 (Definition of general terms) to insert for "Automobile Parking" the following sentence after the first sentence:

"Automobile parking" means the use of property for the commercial parking or storage of operable automobiles on a temporary basis. This does not include the providing of off-street parking for a use required for a use by Chapter 17.20. Such parking shall be for the use of licensed vehicles only and is not intended to include merchandise or vehicles for sale.

…amend Section 17.04.060 (Definitions of general terms) to insert in alphabetical order definitions for "Restaurant, full-service", "Restaurant, fast-food", and Restaurant, take-out".

"Restaurant, full-service" means any building, room, space or portion thereof where food is sold for consumption on-site, customers are provided an individual menu, a restaurant employee serves the customers at the same table or counter at which items are consumed, or where seating turns over at a rate of 30 minutes or more. A restaurant shall not be considered a Restaurant, fast-food or Restaurant, take-out solely on the basis of incidental or occasional take-out sales.

"Restaurant, fast-food" means any building, room, space or portion thereof where food is sold for consumption on-site or off-site within a short period of time, orders are made at either a walk-up window or counter, payment for food is made prior to consumption, and the packaging of food is done in disposable containers.

"Restaurant, take-out" means any building, room, space or portion thereof where a limited variety of food or beverages are sold principally for off-site consumption, but which may include incidental seating for on-site consumption containing no more than 20 seats. Typical uses include bakeries, candy, nut, and confectionery stores, coffee houses, ice cream and frozen dessert stores, small delicatessens and similar establishments.

Chapter 17.08 (Zoning Districts and Land Uses)

…amend Section 17.08.030 (District Land Use Tables: Commercial Uses) by adding "Automotive Service, oil change" in the same districts with the same notations where "Automotive Service" now appears in the table.

…amend Section 17.08.030 (District Land Use Tables: Commercial Uses) to delete "Restaurant" and to insert in its place "Restaurant, full-service", "Restaurant, fast-food" and "Restaurant, take-out" as separate land uses in the same districts with the same notations where "Restaurant" now appears in the table.

…amend Section 17.08.030 (District Land Use Tables: Industrial Uses) to insert for "Warehouse" and "distributive business/wholesale" a PC (permitted use with conditions use) in the MUL, MUG, and MUI districts.

…amend Section 17.08.030 (District Land Use Table: Commercial Uses) to insert for "Personal Care Services" an A (accessory use) in the IWD and IR districts.

Chapter 17.12 (District Bulk Regulations)

…amend Section 17.12.030B. (Street Setbacks for Multi-family and Non-Residential Districts; and Non-Residential Uses in AG, AR2a, R, and RS Districts) to insert as Note 3 the following: "Note 3: U=Urban Arterial, S=Scenic Arterial, OW=One Way Arterial (e.g. U2=two-lane urban arterial and S4=four-lane scenic arterial)."

…amend Section 17.12.030A (Street Setbacks for Single-Family and Two-Family Structures) to delete RM20 as it appears in the table and to insert as follows "RM60, OR20 and OR40" in the same Zoning District grouping as RS10, R10, R8, etc. appear in the table.

Table 17.12.030A
STREET SETBACKS FOR SINGLE AND TWO-FAMILY STRUCTURES

Chapter 17.16 (Land Use Development Standards)

…amend Section 17.16.070C (Uses Permitted with Conditions: Commercial Uses) to insert "or Automotive Service, oil change" to the land use heading so it appears as: C. Automobile Service or Automobile Service, oil change .

…amend Section 17.16.070I (Uses Permitted with Conditions: Commercial Uses) to delete "Restaurant" and to insert "Restaurant, full-service/Restaurant, fast-food/Restaurant, take-out" to the caption heading.

…amend Section 17.16.080B (Uses Permitted with Conditions: Communication Uses Telephone Services) to delete reference to Section 17.16.180 (B)(1) and add in lieu thereof Section 17.16.180(C)(1).

. …amend Section 17.16.090F. (Use Permitted With Conditions: Industrial Uses: Warehouse) to insert as #5 the following:

5. Mixed Use Districts: Warehouse and distributive business/wholesale uses may be permitted in the MUL, MUG, and MUI districts only if the entire structure was constructed more than 50 years ago and is being preserved with no additions, deletions, or alterations which modify the building’s existing square footage.

…amend Section 17.16.180A.3. (Communication Special Exceptions: Radio/TV/Satellite Tower: Height) to delete "telephone facilities" as it appears in the first sentence and to insert "radio/tv/satellite towers" in lieu thereof, and to insert the following language at the beginning of the third sentence: "Where a proposed tower cannot comply with the maximum height provisions,".

…amend Section 17.16.280 (Commercial Accessory Uses) to insert the following new subsection thereto:

Personal Care Services
1. This use shall be located in the same building as the principal use.

2. In total, all personal care uses shall occupy no more than ten percent of the gross floor area within the principal building.

…amend Section 17.16.280C (Accessory Uses: Commercial Uses) to delete "Restaurant" and to insert "Restaurant, full-service/Restaurant, fast-food/Restaurant, take-out" to the caption heading.

Chapter 17.20 (Parking, Loading and Access)

…amend Table 17.20.030 (Parking Requirements: Commercial Uses) to delete the "Automotive Service" parking requirement and to insert in its place the following:

Automotive Service: 4 spaces for each of the first four stalls and 2 spaces for each additional stall.

…amend Table 17.20.030 (Parking Requirements: Commercial Uses) to insert "Automotive Service, oil change station" in alphabetical order with the following parking requirement:

…amend Section 17.20.030 (Parking Requirements: Commercial Uses) to delete "Restaurant" and to insert in its place "Restaurant, full-service", "Restaurant, fast-food", and "Restaurant, take-out" as follows:

Chapter 17.24 (Landscaping, Buffering and Tree Replacement)

…amend Section Section 17.24.030A. (General Provisions: Exceptions) to delete in its entirety and to insert:

A. Improvements or repairs to interior and exterior features of existing structures which do not result in expansions of more than twenty-five percent or the removal or destruction of trees. Improvements or repairs to interior and exterior features of existing structures, as provided in this Title, or the removal or destruction of trees.

Chapter 17.28 (Environmental and Operational Performance Standards)

…amend Sections 17.28.040A.3. (Floodplain/floodway development standards: Multi-family development) and 17.28.040B. (Floodplain/floodway development standards: Nonresidential Development) and Tables 17.28.040A. (Mulitfamily ISR Adjustment) and 17.28.040B. (Nonresidential ISR Adjustment) and to delete them in their entirety.

3. Multifamily Development. A site encumbered by natural floodplain or floodway on the effective date of the ordinance codified in this title shall be subject to the following impervious surface adjustments. The standard impervious surface ratio (ISR) established by Table 17.12.020B shall be adjusted by factors shown in the following table. The remaining natural floodplain area including all of the floodway area shall be maintained in a natural state, with the clearing of trees and brush exceeding eight inches in diameter prohibited.

B. Nonresidential Development. A site encumbered by natural floodplain or floodway on the effective date of the ordinance codified in this section shall be subject to the following impervious surface ratio (ISR) adjustments. The standard impervious surface ratio (ISR) established by Tables 17.12.020B and 17.12.020C shall be adjusted by factors shown in the following table:

Chapter 17.32 (Sign Regulations)

…amend Section 17.32.160H. (Sign Regulations: Computations--Height) to insert the following to the end of the first sentence: ", or the nearest curb level of the surface street providing access to the site, whichever provides the greatest height."

Chapter 17.36 (Overlay Districts)

…amend Section 17.36.060D. (Planned Unit Development District: General Development Standards: Residential Density) to modify as follows:

D. Residential Density. The maximum overall residential density of a master development plan shall be established by applying the minimum lot size requirements of Table 17.12.020A, the maximum density of Table 17.12.020B, or the maximum floor area ratio standard of Table 17.12.020C (as applicable) to the gross land area encompassed by the underlying zoning district(s), excluding the public rights-of-way of existing streets and alleys and by deducting 15% of the gross land area for streets and dividing the remaining 85% of the gross land area by the minimum lot area of the actual zone district." For land zoned for one-family and two-family dwellings (R districts), the maximum effective density derived from Table 17.12.020A shall be calculated at the rate of one and one quarter dwelling units per lot (total land area divided by the minimum lot area of Table 17.12.020A multiplied by 1.25 equals maximum dwelling units).

Chapter 17.40.120 Planned Unit Development (PUD) Overlay

…amend Section 17.40.120G.1 (Status of Earlier Planned Unit Developments (PUDs) to modify as follows:

The planned unit development (PUD) shall be recognized by this title according to the master development plan and its associated terms and conditions specified in the PUD ordinance last approved by the metropolitan council prior to the effective date of the ordinance codified in this title.

Chapter 17.40 (Administration and Procedures)

…amend Section 17.40.120G.2. (Status of Earlier Planned Unit Developments (PUDs) to modify "I" and "J" as follows:

I. If originally limited to office activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan under authority of a preceding code, or by the existing base zone district beneath the overlay, whichever is more permissive.

J. If originally limited to office, retail and other general commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to include industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan under authority of a preceding code, or by the existing base zone district beneath the overlay, whichever is more permissive.

…amend Section 17.40.120G.2. (Status of Earlier Planned Unit Developments (PUDs) to insert as "k" and renumber the subsequent section as follows:

K. If originally limited to commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

The board shall not grant variances to the land use provisions of Section 17.08.030, the density or floor area ratio (FAR) standards of Table 17.12.020B and 17.12.020C, the area of signs, their height, and the number of signs within a planned unit development (PUD), nor the required size of residential lots approved by the planning commission under the authority of Section 17.12.070 (Lot averaging), Section 17.12.080 (Cluster lot option) or Section 17.36.070C (PUD). Further, the board shall not act on a variance application within a planned unit development (PUD), urban design overlay or institutional overlay district, without first considering a recommendation from the planning commission.

Sponsored by: Phil Ponder

AMENDMENT NO. 1

TO

ORDINANCE NO. SBL99-117

Mr. President:

I move to amend Ordinance No. SBL99-117 by modifying as follows:

Chapter 17.16 (Land Use Development Standards)

• To delete reference to Section 17.16.180(B)(1) and substitute in lieu thereof Section 17.16.180(A)(3);

• To delete reference to Section 17.16.180(C)(1) and substitute in lieu thereof Section 17.16.180(B)(1).

• To delete Section 17.16.090F.5 and substitute in lieu thereof the following:

5. Historic Eligibility: Only a non-residential structure in the MUL, MUG, and MUI districts can be used for a warehouse and distributive business/wholesale use. The historical commission must have determined the structure is worthy of conservation, was constructed more than 50 years ago, and is being preserved with no additions, deletions or alterations which modify the building’s square footage or significantly alters the building’s exterior appearance (i.e. blocking out windows with brick or other material).

Sponsored by: Phil Ponder
Amendment Adopted:  March 21, 2000

AMENDMENT NO. 2

TO

SUBSTITUTE ORDINANCE NO. SBL99-117

Mr. President:

I move to amend Substitute Ordinance No. BL99-117 by amending Section 2 by amending Exhibit A by deleting the provisions in reference to "amending Section 17.40.340 (Limits to jurisdiction)".

Sponsored by: Phil Ponder
Amendment Adopted:  March 21, 2000

LEGISLATIVE HISTORY
Substitute Introduced:	February 1, 2000
Referred to:	Planning Commission - Approved 6-0 ((3/2/00) Planning & Zoning Committee
Amended:	March 21, 2000
Passed Third Reading:	March 21, 2000
Approved:	March 27, 2000
By:
Effective Date:	March 29, 2000