LEGISLATIVE HISTORY
(February 26, 2006)
Planning & Zoning Committee
ORDINANCE NO. BL2006-972
An Ordinance amending Chapters 17.04, 17.08, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to automobile repair, service, and sales uses by making certain automobile repair, services, and sales uses permitted only within the Specific Plan (SP) district, and by modifying the definition of these uses and land use tables accordingly, all of which is more specifically described herein (Proposal No. 2006Z-029T).
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 as follows:
1. By adding the following new definitions:
"Automobile" means any vehicle designed for carrying 10 passengers or less, is used for the transportation of persons, and has a gross weight of less than 10,000 pounds, but excluding motorcycles and vehicles used to carry passengers for a fee.
"Automobile sales, new" means a franchised retail automobile dealership that is primarily housed in a structure and characterized by a mixture of secondary supporting uses; however, the principal use of the site shall be the marketing and display of new automobiles, whether by sale, rental, lease or other commercial or financial means. Secondary supporting uses may include an inventory of vehicles for sale or lease either on-site or at a nearby location of new or used automobiles in operating condition, and on-site facilities for the repair and service of automobiles previously sold, rented, or leased by the dealership as defined under "Automobile Repair" and "Automobile Service". No abandoned vehicles shall be stored on the premises.
"Automobile sales, used" means a retail business which sells operable, used automobiles that pass state vehicle inspection requirements upon display in the open for sale or trade. Secondary supporting uses may include the service of automobiles previously sold or traded as defined under "Automobile Service". No "Automobile Repair" or "Scrap Operation" activities may occur on-site and no abandoned vehicles shall be stored on the premises.
"Vehicular rental/leasing" means the rental or leasing of automobiles, motorcycles, recreational vehicles, boats, recreational equipment, and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease (e.g. rental car agencies and taxi-cab dispatch areas). No "Automobile Repair" or "Scrap Operation" activities may occur on-site and no abandoned vehicles shall be stored on the premises.
2. By deleting the definition for "Automotive repair" and substituting in lieu thereof the following definition for "Automobile repair":
"Automobile repair" means any building, structure, improvements, or land used for the general repair, adjusting, overhauling, removing, replacing, rebuilding, or reconditioning of automobiles and engines, including but not limited to body, frame or fender straightening or repair, welding, painting, or upholstery work, collision repair, vehicle steam cleaning, but excluding the assembly, disassembly, dismantling or salvage of automobiles, in whole or in part. No abandoned vehicles shall be stored on the premises.
3. By deleting the existing definition of "Automobile service" and substituting in lieu thereof the following new definition for "Automobile service":
"Automobile service" means any building, structure, improvements, or land used for the replacement of any part, or repair of any part, to an automobile that does not require removal of the engine head or pan, engine transmission or differential, including, but not limited to oil change and lubrication, cooling, electrical, fuel and exhaust systems, wheel alignment and balancing, brake adjustment, relining and repairs, mufflers, batteries, tire services and sales, shock absorbers, installation of stereo equipment, car alarms or cellular phones, but excludes dismantling, rebuilding, reconditioning, or salvage of automobiles, in whole or in part. No abandoned vehicles shall be stored on the premises.
4. By deleting the existing definition of "Heavy equipment sales and service" and substituting in lieu thereof the following new definition for "Heavy equipment sales and service":
"Heavy equipment sales and service" means the retail or wholesale sale or rental of heavy motorized vehicles or equipment, along with incidental service or maintenance such as, but not limited to construction equipment rental yards, tractor-trailers, semi-trailers, boats, buses, recreational vehicles, farm equipment and moving trailer rental. (See "Automobile sales, new" , "Automobile sales, used", "Automobile repair", "Automobile service", "Vehicular, rental/ leasing", and "Vehicular sales and service, limited.")
5. By deleting the existing definition of "Scrap operation" and substituting in lieu thereof the following new definition for "Scrap operation":
"Scrap operation" means the storage, processing and/or sale from the premises of used or waste material, including automotive dismantlers and recyclers, where a person, firm, association, corporation, or trust resident or nonresident, is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors.
6. By adding the following new definition of "Vehicular Sales and Service, Limited":
Vehicular Sales and Service, Limited. "Limited vehicular sales and service" means the retail or wholesale sale of motorcycles, trucks and vans, recreational vehicles, boats, or similar motorized recreational equipment, along with incidental service or maintenance such as, but not limited to boat dealers, motorcycle dealers, and recreational vehicle dealers. (See also "Automobile sales, new", "Automobile sales, used", "Automobile repair", "Vehicular rental/leasing", and "Heavy equipment sales and service."
7. By deleting
the existing definition of "Wrecker Service" and substituting in lieu
thereof the following new definition for "Wrecker Service":
Wrecker Service. A "wrecker service" means the removing of a motor
vehicle by towing, carrying, hauling or pushing from public or private property
when such vehicle has been ordered to be impounded to a public or private impound
lot. This shall not include an "automobile service" use that has a
tow truck and services vehicles on-site. (See also "Automobile repair"
and "Automobile service").
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 17.08.030, District Land Use Tables, as follows:
1. Under "Commercial Uses" in the table, add "Automobile sales, new" as a "P" (permitted) use under CL, CS, CA, SCR, IWD, IR and IG districts and, as a "PC" (permitted with conditions) use under SP district.
2. Under "Commercial Uses" in the table, add "Automobile sales, used" as a "PC" (permitted with conditions) use under SP district, and as a "P" (permitted) use in the IWD, IR and IG districts.
3. Under "Commercial
Uses" in the table for "Automobile repair" make the following
changes:
Delete as "P" (permitted) in the CS district;
Delete as "O" (overlay) in the CF district;
Add as "PC" (permitted with conditions) in the SP district.
4. Under "Commercial Uses" delete "Automotive service" as a use and substitute in lieu thereof the use "Automobile service".
5. Under "Commercial
uses", in the table for "Automobile service" make the following
changes:
Delete as "PC" (permitted with conditions) in the SCN district;
Add as "PC" (permitted with conditions) in the SP district.
6. Under "Commercial uses", delete the use "Automobile service, oil change" in its entirety.
7. Under "Commercial
Uses" in the table for "Car Wash" make the following changes:
Add as "P" (permitted) in the IWD, IR, and IG districts;
Add as "PC" (permitted with conditions) in the SP district.
8. Under "Commercial Uses" in the table, add "Vehicular Rental/Leasing" as a "PC" (permitted with conditions) use under SP district, and as a "P" (permitted) use in the IWD, IR and IG districts.
9. Under "Commercial
Uses" in the table for "Vehicular Sales and Service, Limited"
make the following changes:
Delete as "P" (permitted) in the CS, CA, CF, and SCR districts;
Add as "PC" (permitted with conditions) in the SP district.
10. Under "Commercial
Uses" in table for "Wrecker Services" make the following changes:
Delete as "PC" (permitted with conditions) in the CS and CF districts;
Add as "PC" (permitted with conditions) in the SP district.
11. Under "Industrial
Uses" in table for "Heavy Equipment" make the following changes:
Change name to match the definition in Section 17.04.060, which is "Heavy
Equipment, Sales and Service"
Delete as "PC" (permitted with conditions) in the CS district;
Delete as "P" (permitted) in the CF district;
Add as "PC" (permitted with conditions) in the SP district.
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 Section 17.16.070, Land Use Development Standards, as follows:
A. Under "Commercial Uses", make the following changes:
1. Delete the existing
subsection C, "Automobile Service or Automobile Service, Oil Change",
and substitute in lieu thereof the following new subsection C.:
"C. Automobile Sales, Used. This use shall be allowed as provided in an
adopted Specific Plan district by the Metro Council."
2. Insert "Automobile
Service" as subsection "D", and reletter the remaining subsections
accordingly:
"D. Automobile Service. This use shall be allowed as provided in an adopted
Specific Plan district by the Metro Council."
3. Delete the current
subsection F labeled "Car Wash" and insert the following as Subsection
G, and reletter the remaining subsections accordingly:
"G. Car Wash. This use shall be allowed as provided in an adopted Specific
Plan district by the Metro Council."
4. Add as subsection
M "Vehicular Rental/Leasing", and reletter the remaining subsections
accordingly as follows:
"M. Vehicular Rental/Leasing. This use shall be allowed as provided in
an adopted Specific Plan district by the Metro Council."
5. Delete the existing
subsection M labeled "Wrecker Service" and insert the following as
subsection N:
"N. Wrecker Service. This use shall be allowed as provided in an adopted
Specific Plan district by the Metro Council."
B. Under "Industrial Uses", Delete entire "C" subsection labeled "Heavy Equipment, Sales and Service" and insert the following:
"C. Heavy Equipment, Sales and Service. This use shall be allowed as provided in an adopted Specific Plan district by the Metro Council."
Section 4. 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 Table 17.20.030, PARKING REQUIREMENTS, by making the following changes to the table under "Commercial Uses":
1. Add the land
uses "Automobile sales, new" and automobile sales, used" in the
same cell with the following requirements:
"1 space per 250 square feet of enclosed sales area plus 1 space per 1,000
square feet of outdoor vehicle display area plus 2 spaces per service bay or
stall
UZO district: 1 space per 500 square feet of enclosed sales area plus 1 space per 2,500 square feet of outdoor vehicle display area plus 2 spaces per service bay or stall"
2. Delete the land
use "Automotive service" and the related parking requirements associated
with this use, and substitute in lieu of the use "Automobile service"
with the following requirement:
"4 spaces for each of the first four service bays or stalls, plus 2 spaces
for each additional service bay or stall"
3. Change the parking
requirement for "Car wash (full service)" to:
"2 spaces for each stall (excluding the actual stall itself), plus 1 space
per employee"
4. Change the parking
requirement for "Car wash (self-service)" to:
"2 spaces for each stall (excluding the actual stall itself)"
5. Add the land
use "Vehicular rental/leasing" in the same cell as "Vehicular
sales, limited", and substitute the existing parking requirements with
the following new requirements:
"1 space per 250 square feet of enclosed sales area plus 1 space per 1,000
square feet of outdoor vehicle display area plus 2 spaces per service bay or
stall
UZO district: 1 space per 500 square feet of enclosed sales area plus 1 space per 2,500 square feet of outdoor vehicle display area plus 2 spaces per service bay or stall"
Section 5. 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 Table 17.20.070, QUEUING REQUIREMENTS FOR DRIVE-THROUGH FACILITIES, by making the following changes:
1. Change "Automobile service, gasoline pump island" to "Automobile convenience, gasoline pump island".
Section 6. 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: Amanda McClendon, Feller Brown
Amendment
No. 1
To
Ordinance No. BL2006-972
Mr. President:
I move to amend Ordinance No. BL2006-972 by amending Section 1 as follows:
1. By amending subsection 2 by adding the following provision at the end of the definition of "automobile repair":
"No vehicle to be repaired shall remain on the premises more than twenty-one (21) days."
2. By amending subsection 3 by adding the following provision at the end of the definition for "Automobile service":
"No vehicle to be serviced shall remain on the premises more than twenty-one (21) days."
Sponsored by: Feller Brown
|
LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | February 7, 2006 |
| Passed First Reading: | February 7, 2006 |
| Referred to: | Planning
Commission - Approved 8-0 (February 26, 2006) Planning & Zoning Committee |
| Passed Second Reading: | March 7, 2006 |
| Amended: | March 21, 2006 |
| Passed Third Reading: | March 21, 2006 |
| Approved: | March 30, 2006 |
| By: | |
| Effective: | April 1, 2006 |