ORDINANCE NO. BL2004-410

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.40.310 to require that all court proceedings associated with violations of the zoning code be resolved before the Board of Zoning Appeals may hold a public hearing upon a variance application for relief from the Code provisions that are the subject matter of the violation. (Proposal No. 2004Z-022T).

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 by amending Section 17.40.360 by adding the following new sentence at the end thereof:

“Notwithstanding the foregoing provisions of this section to the contrary, if the department of codes administration has issued a citation for a violation of this title, no public hearing shall be held by the board of zoning appeals until all court proceedings regarding said citation have been resolved.”

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.

Sponsored by: Ludye Wallace, Jason Alexander

LEGISLATIVE HISTORY

Introduced: October 5, 2004
Passed First Reading: October 5, 2004 
Referred to: Planning Commission – Disapproved 9-0
(October 28, 2004)
Planning & Zoning Committee 
Deferred: November 4, 2004
Passed Second Reading: November 16, 2004 
Deferred Indefinitely: November 16, 2004
Withdrawn: August 21, 2007