An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, relative to adding a new land use “Public Facility” (2004Z-014T), all of which is more particularly described herein.

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

Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, be and is hereby amended as specifically described in Exhibit A, which is attached hereto and incorporated herein by reference; and

Section 2. Be it further enacted, that this ordinance take effect immediately 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: J. B. Loring, Edward Whitmore, Brenda Gilmore, Carolyn Baldwin Tucker

EXHIBIT A

Public Facilities

· By amending Section 17.04.060 (Definitions of General Terms) to add “Public Facility” in alphabetical order as follows:

“Public Facility" means an existing facility or structure owned by the Metropolitan Nashville and Davidson County Government in which the metropolitan government administers and provides facilities, activities, services, or support for the benefit of neighborhoods, residents, businesses, and the larger community in which they are located including, but not limited to, administrative offices, counseling, supplemental education and instruction, health care, indoor storage of non-flammable items, and training.

· By amending Section 17.08.030 (District land use tables: Institutional Uses) by adding “Public Facility” as follows:

· By amending Section 17.08.030 (District land use tables: Institutional Uses) by adding as a footnote to the bottom of the table “Note 1” for “Public Facility” as follows:

Note 1: Any proposed addition or expansion shall be reviewed as a special exception (SE) as per Section 17.16.035.D.3.

· By amending Section 17.16.035 (Uses Permitted With Conditions: Institutional Uses) by adding “Public Facility” as follows:

D. Public Facility
1. Location. The use of an existing facility or structure owned by the Metropolitan Nashville and Davidson County Government is permitted provided there is no adverse effect on the surrounding neighborhood due to noise, light, glare, operating hours, parking, traffic, trash, removal of trees and landscaping, refuse removal, location of vehicles and storage, or dust, as determined by the Zoning Administrator.

2. Intensity of Use. The Zoning Administrator shall make a determination based on information contained in the application, or any supplemental information requested after review of the application, on whether the proposed use is a more intensive use than any previously existing on the property. Should it be determined the proposed use is more intensive, then the application shall be reviewed by the Board of Zoning Appeals as a special exception, in accordance with Sections 17.16.140 and 17.16.150 of this Title.

3. Addition or Expansion. Any proposed addition or expansion of the existing buildings, structures, facilities, or area, regardless of whether the use is more intensive than any previously existing on the property, shall be reviewed by the Board of Zoning Appeals as a special exception, in accordance with Sections 17.16.140 and 17.16.150 of this Title.

· By amending Section 17.16.140 (Uses Permitted by Special Exception (SE): Applicability) by adding the following sentence to the end of the paragraph:

A public facility use which proposes an addition or expansion as per Section 17.16.035.D.3 may expand under the authority of the board subject to demonstrating compliance with Sections 17.16.035.D.1 and 17.16.150.

Amendment No. 1
To
Ordinance No. BL2004-288

Mr. President:

I move to amend Ordinance No. BL2004-288 by amending Section 1 by amending Exhibit A attached by amending Section 17.16.035 D. Public Facility 1. Location. By adding the following provisions:

The specific location shall first be approved by a resolution adopted by the metropolitan council prior to a determination by the zoning administrator. If the metropolitan council does not approve or disapprove such specific location within sixty days of the date of notification by the zoning administrator to the council and the district councilmember that an application for use as a public facility has been filed, council approval shall be waived and the zoning administrator may proceed to consider the application.

Sponsored by: John Summers, Chris Whitson