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 17.04.060 by adding the following new definition of mobile vendor:

"Mobile vendor" means a person who peddles, vends, sells, displays or offers for sale goods, wares or merchandise out of a motor vehicle, cart, trailer, tent, table, or other temporary structure that is capable of being set up and taken down in one day and is readily moveable. Notwithstanding the foregoing, the following shall not be considered "mobile vendors":
1. Vendors selling only food and/or beverages;
2. Street vendors licensed pursuant to section 13.08.040 of the metropolitan code of laws;
3. Tax-exempt nonprofit organizations engaging in occasional sales; and
4. Persons selling goods, wares or merchandise on the property of a permanent retail establishment leased or owned by such person.

Section 2. 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 17.12.040 by adding the following new subsection F.:

"F. Mobile vendors.
1. All mobile vendor displays and/or activity shall maintain a minimum twenty (20) foot setback from the right-of-way, and not be located within a required landscape area or buffer yard.
2. No mobile vendor may be located within one hundred (100) feet of an intersection of two arterial streets or an intersection of an arterial and a collector street.
3. Mobile vendors shall not locate within one thousand five hundred (1,500) feet of another mobile vendor.
4. The foregoing provisions of this section shall not apply to mobile vendors in possession of a valid use and occupancy permit to conduct business as a vendor at a particular location at the time of the enactment of this ordinance."

Section 3. 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 Chapter 17.20 as follows:

1. By amending Section 17.20.030 by amending Table 17.20.030 by adding under "Commercial Uses - Retail" the following provision:
"Mobile vendors: 6 spaces for up to 1,200 square feet; 1 space for each additional 200 square feet"

2. By adding the following new Section 17.20.135:

"17.20.135 Mobile vendor parking requirements.
A minimum of six (6) parking spaces shall be provided adjacent to the vending area for the exclusive use of the mobile vendor. Additional parking spaces shall be provided in accordance with parking requirements for mobile vendors under table 17.20.030. These mobile vendor spaces shall not occupy minimum required parking spaces pursuant to this chapter for any other use on the site. The foregoing provisions of this section shall not apply to mobile vendors in possession of a valid use and occupancy permit to conduct business as a vendor at a particular location at the time of the enactment of this ordinance."

Section 4. 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: Jason Hart