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 permitting the rebuilding of any non-conforming, single-family dwelling located in a non-residential zoning district if damaged or destroyed involuntarily, all of which is more particularly described herein (Proposal No. 2005Z-057T).

WHEREAS, a non-conforming use is defined as a once legally established use, but which now does not currently conform to the applicable use regulations of the zoning district in which it is located;

WHEREAS, there are 394 non-conforming, single-family dwellings located in the OL, OG, CN, CL, CS, CF, IWD, and IR non-residential zoning districts within Davidson County;

WHEREAS, these property owners are unable to secure or refinance a residential mortgage for these homes since the Metro Zoning Code prohibits their reconstruction, if involuntarily damaged or destroyed, a provision that applies to all non-conforming single-family uses countywide;

WHEREAS, it is fitting and proper to permit single-family dwellings to be reconstructed if damaged or destroyed involuntarily.

NOW, THEREFORE, BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. By amending Section 17.40.650.E (Damage or Destruction of a Structure Containing a Non-Conforming Use), by adding the following as E.3:

3. In any non-residential district, any single-family dwelling that is damaged or destroyed involuntarily may be restored within one year of the date of damage, regardless of the percentage of damage or destruction. The setbacks of the original dwelling shall apply to any reconstructed residential dwelling.

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: Ronnie Greer, Ludye Wallace

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2005-631

Mr. President:

I move to amend Ordinance No. BL2005-631 by deleting the word "involuntarily" wherein it appears in the fourth recital clause and in Section 1 of the ordinance.

Sponsored by: Ronnie Greer, Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	April 5, 2005
Passed First Reading:	April 5, 2005
Referred to:	Planning Commission - Approved 10-0 (April 28, 2005) Planning & Zoning Committee
Passed Second Reading:	May 3, 2005
Amended:	May 17, 2005
Passed Third Reading:	May 17, 2005 - Roll Call Vote
Approved:	May 19, 2005
By:
Effective:	May 21, 2005