ORDINANCE NO. BL2005-834

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending section 17.40.720 pertaining to the public notification requirements for public hearings conducted by the Board of Zoning Appeals, all of which is more particularly described herein (Proposal No. 2005Z-153T).

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 17.40.720 by deleting the first paragraph in its entirety and substituting in lieu thereof the following new paragraph:

"No public hearing, except public hearings conducted by the board of zoning appeals on requests for special exceptions and variances, shall be conducted unless, at least twenty-one days prior to the public hearing, the owner(s) of the subject property and all other property owners within the distances prescribed by this article have been given notice by mail of the time, date and place of the public hearing. No public hearing conducted by the board of zoning appeals on a request for a special exception or variance shall be conducted unless, at least sixty days prior to the public hearing, the owner(s) of the subject property and all other property owners within the distances prescribed by this article have been given notice by mail of the time, date and place of the public hearing. Properties owned by the applicant shall not be included in the distance measurement for public notice. For a public hearing conducted by the board of zoning appeals, the appellant shall be notified by certified mail. In addition to notification of individual property owners, an incorporated condominium association registered with the metropolitan clerk as requesting notification shall also be notified. For amendments to the official zoning map, or requests for a special exception or variance, written notices shall be sent to property owners located within the following distances from the subject property."

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: John Summers

Amendment No. 1
To
Ordinance No. BL2005-834

Mr. President:

I move to amend Ordinance No. BL2005-834 by amending Section 1 by deleting the phrase "sixty days" and substituting in lieu thereof the phrase "forty-five days".

Sponsored by: John Summers

LEGISLATIVE HISTORY

Introduced: October 4, 2005
Passed First Reading: October 4, 2005
Referred to: Planning Commission - Disapproved 7-1
(November 10, 2005)
Planning & Zoning Committee
Deferred to January 3, 2006 (Public Hearing):
November 1, 2005
Passed Second Reading: January 5, 2006 
Deferred to February 21, 2006: January 5, 2006
Deferred: February 21, 2006
Amended: March 21, 2006
Failed: March 21, 2006