An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the Residential and Commercial Planned Unit Development district located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue, to permit a 10,200 square foot, 2-story, retail and office building, replacing a 2,800 square foot food service use, all of which is more particularly described herein, (Proposal No. 78-86-P-12).

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, is hereby amended by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending the Residential and Commercial Planned Unit Development district located at 5843 Nolensville Pike, approximately 1200 feet south of Swiss Avenue, to permit a 10,200 square foot, 2-story, retail and office building, replacing a 2,800 square foot food service use, as being Property Parcel No. 258 as designated on Map 161 and Property Parcel No. as designated on Map of Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the attached plan that was duly considered by the Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet No. 161 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. 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: Parker Toler

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Amendment No. 1
To
Ordinance No. BL2005-741

Mr. President:

I move to amend Ordinance No. BL2005-741 by renumbering Section 3 as Section 4, and substituting in lieu thereof the following new Section 3:

"Section 3. The following uses shall not be permitted as part of the amended Residential and Commercial Planned Unit Development district located at 5843 Nolensville Pike:

A. Any use which emits an obnoxious odor, noise or sound that can be heard or smelled outside of any building in the shopping center (which shall not include normal and customary emissions associated with good retail or good restaurant operations.)
B. An operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation.
C. Any 'second hand' store, 'surplus store', or 'pawn shop'.
D. Any mobile home park, trailer court, labor camp, junkyard, or stockyard: provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction, reconstruction or maintenance.
E. Any dumping, disposing, incineration or reduction of garbage: provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building.
F. Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation.
G. Any central laundry, dry cleaning plant or Laundromat: provided, however, this prohibition shall not be applicable to nominal supportive facilities for on-site service oriented to pickup and delivery by the ultimate consumer as the same may be found in retail shopping centers in the metropolitan area where the shopping center is located.
H. Any automobile, truck, trailer or recreational vehicle sales, leasing, display or body shop repair operation.
I. Any bowling alley or skating rink.
J. Any movie theater or live performance theater.
K. Any hotel, motel, short or long term residential use, including but not limited to: single family dwellings, townhouses, condominiums, other multi-family units, and other forms of living quarters, sleeping apartments or lodging rooms.
L. Any veterinary hospital or animal raising or boarding facility: provided, however, this prohibition shall not be applicable to pet supply stores such as Petsmart or Petco operating in the area not to exceed two thousand (2,000) square feet. Notwithstanding the foregoing to the contrary, any veterinary or boarding services provided in connection with the operation of a pet shop or pet supply store shall only be incidental to such operation: the boarding of pets as a separate customer service shall be prohibited; all kennels, runs, and pens shall be located inside the building; and the combined incidental veterinary and boarding facilities shall occupy no more than fifteen percent (15%) of the floor area of the pet shop or pet supply store.
M. Any mortuary or funeral home.
N. Any establishment selling or exhibiting pornographic materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially clothed dancers or wait staff and/or any massage parlors or similar establishments; provided, however, this shall not prohibit the operation of a Blockbuster Video, Hollywood Video, or similar operation or a Barnes and Noble, Waldenbooks or a Books-A-Million or similar operation so long as such operations are family oriented and not adult oriented.
O. Any establishment selling or exhibiting drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially clothed dancers or wait staff.
P. Any bar, tavern, restaurant or other establishment whose reasonably projected annual gross revenues from the sale of alcoholic beverages for on-premises consumption exceeds forty percent (40%) of the gross revenues of such business: provided, however this shall not prohibit the operation of a Chili's, Bennigan's, T.G.I. Fridays, Ruby Tuesday, Applebee's, O'Charley's, or similar restaurant operation.
Q. Any massage parlor or similar establishment.
R. Any flea market, amusement or video arcade, pool or billiard hall, car wash, or dance hall.
S. Any training or educational facility, including but not limited to: beauty schools, barber colleges, reading rooms, places of instruction or other operations catering primarily to students or trainees rather than to customers; provided, however, this prohibition shall not be applicable to on-site employee training by an occupant incidental to the conduct of its business at the shopping center; provided, however, this prohibition shall not be applicable to any training or instruction by an occupant incidental to the conduct of its business at the shopping center; and provided further, that if the occupant of the pet shop conducts animal training classes within the pet shop as an incidental part of a diversified pet business that it is permitted to operate in the pet shop under this OEA, such animal training classes shall be allowed.
T. Any gambling facility or operation, including but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot machines, video poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not be applicable to government sponsored gambling activities or charitable gambling activities, so long as such activities are incidental to the business operation being conducted by the occupant.
U. A store whose sole or primary business is the cashing of checks for the public."

Sponsored by: Parker Toler

LEGISLATIVE HISTORY
Introduced:	August 2, 2005
Passed First Reading:	August 2, 2005
Referred to:	Planning Commission - Approved 10-0 (March 10, 2005) Planning & Zoning Committee
Passed Second Reading:	September 6, 2005
Amended:	September 20, 2005
Passed Third Reading:	September 20, 2005
Approved:	September 21, 2005
By:
Effective:	September 24, 2005