ORDINANCE NO. BL2004-220

ORDINANCE NO. BL2004-220

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by including ponds/lakes as a special exception use in agricultural and residential zoning districts and as a permitted use in all other zoning districts, all of which is more particularly described herein (Proposal No. 2004Z-008T).

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended as follows:

A. By amending Section 17.08.030 District Land Use Tables by adding to the Zoning District Land Use Table under Other Uses the land use Pond/Lake as “SE” in the AG and AR2a districts, the RS80 through RS3.75 districts, the R80 through R6 districts, the RM2 through RM20 districts, and the RM40 through RM 60 districts, and as “P” in all other zoning districts.

B. By amending Section 17.16.230, Uses Permitted by Special Exception -- Other special exception uses by adding the following new subsection:
" C. Pond/Lake.
1. Lot Area. The pond/lake shall not occupy more than ten percent (10%) of the total lot area.
2. Site Plan. Plans for the proposed pond/lake shall be submitted to the stormwater division of the department of water and sewerage services, the zoning administrator, the health department, and the board of zoning appeals. The plans shall consist, at a minimum, of a plan view and a typical cross section of the proposed pond/lake. The plan view shall include the configuration of the pond/lake with the dimensions and maximum depth areas, distances to property lines, drainage easements, structures, outlet structures, septic systems, proposed overflow spillway, and proposed landscaping. The typical cross section shall identify the bank and bottom slopes, maximum depth, outlet and/or overflow structures with elevations and normal water level evaluation. A description of the soil type(s) and hydraulic conditions at the site shall be provided to determine the feasibility of the pond/lake.
3. Construction and Maintenance. Construction and maintenance of the pond/lake shall be in accordance with all applicable state and local regulations.4. Notification. Prior to conducting a special exception hearing before the board of zoning appeals, and immediately after receiving an application for a pond/lake special exception, the zoning administrator or, if applicable, the executive director of the planning department shall notify the district councilmember that an application has been submitted.
5. The following types of ponds/lakes shall be exempt from the provisions of this Section:
a. landscape or ornamental ponds less that 1,000 square feet in area and less than three (3) feet in depth;
b. ponds/lakes used for irrigation or water treatment of a golf course;
c. farm ponds constructed on a working farm;
d. detention and/or water quality ponds required by the stormwater division of the department of water and sewerage services;
e. wildlife ponds and wetlands required by or constructed with the assistance of the Tennessee Department of Environment and Conservation; and
f. ponds/lakes on property owned by the Metropolitan Government.

Section 2. That this Ordinance shall take effect five (5) days 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.

LEGISLATIVE HISTORY
Introduced:	April 6, 2004
Passed First Reading:	April 6, 2004
Referred to:	Planning Commission Planning & Zoning Committee
Amended:	May 4, 2004
Passed Second Reading:	May 4, 2004
Passed Third Reading:	May 18, 2004
Approved:	May 19, 2004
By:
Effective:	May 21, 2004