An ordinance amending Chapter 16.28 of the Metropolitan Code of Laws to allow building and demolition permits for property located within a Historic Overlay District to be renewable every six months regardless of whether work has commenced, and to make such permits transferable, all of which is more particularly described herein.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 16.28 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting Section 16.28.220 in its entirety and substituting in lieu thereof the following new Section 16.28.220:

"16.28.220 Transferability.
A. Except as provided in subsection B. of this section regarding property located within an historic overlay district, permits issued under this chapter are not transferable from one contractor, one job, site or location to another, and any refunds shall be made in accordance with Section 16.28.140. This section shall not prohibit the correction or change of addresses or location made through error on the application.
B. Permits may be transferred from one property owner or contractor to another for property located within an historic overlay district approved by the metropolitan council."

Section 2. That Section 16.28.240 of the Metropolitan Code of Laws shall be and the same is hereby amended as follows:

1. By adding the following provision at the end of subsection B.:

"Notwithstanding the foregoing provision to the contrary, a permit for property located within an historic overlay district that is issued within ninety days from the effective date of said historic overlay district shall be renewable every six months upon written request by the applicant without any payment of a renewal fee, regardless of whether the work authorized by the permit has commenced, provided that no permit for property located within an historic overlay district shall be eligible for more than six extensions under this provision."

2. By adding the following provision at the end of subsection C.:

"Notwithstanding the foregoing provision to the contrary, a permit issued to demolish a building or structure located for property located within an historic overlay district that was issued within ninety days of the effective date of said historic overlay district shall be valid for a period of six months, and shall be renewable every six months upon written request by the applicant without any payment of a renewal fee, regardless of whether the work authorized by the permit has commenced, provided that no permit for property located within an historic overlay district shall be eligible for more than six extensions under this provision."

Section 3. That Chapter 16.28 of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting Section 16.28.250 in its entirety and substituting in lieu thereof the following new Section 16.28.250:

"16.28.250 Change in contractor-Reissuance of permit-Fees.
A. When a change in a contractor occurs before a job is completed, the contractor who obtains the permits shall notify the code department in writing.
B. Except as provided in subsection C. below, a new permit shall be taken for the unfinished construction. The contractor that completes the construction shall pay a pro rata permit fee based upon the unfinished construction; but in no case, less than the minimum permit fee.
C. For property located within a historic overlay district approved by the metropolitan council, when a change in contractor occurs before a job is completed, no new building permit or demolition permit shall be required, but the contractor shall pay a pro rata fee based upon the construction, which shall in no case be less than the minimum permit fee."

Section 4. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Adam Dread, Jim Gotto

Amendment No. 1
To
Ordinance No. BL2006-980

Mr. President:

I move to amend Ordinance No. BL2006-980 as follows:

1. By amending Section 1 by adding after the phrase "approved by the metropolitan council", the phrase "after the effective date of this ordinance, provided that permits may not be transferred from one parcel to another".

2. By amending Section 2 by deleting the provisions of subsections 1 and 2 in their entirety and substituting in lieu thereof the following new subsections 1 and 2:

1. By adding the following provision at the end of subsection B.:

"Notwithstanding the foregoing provision to the contrary, a permit for property located within an historic overlay district adopted by the metropolitan council after the effective date of this ordinance that is issued within ninety days from the effective date of said historic overlay district shall be renewable every six months upon written request by the applicant without any payment of a renewal fee, regardless of whether the work authorized by the permit has commenced, provided that no permit for property located within an historic overlay district shall be eligible for more than six extensions under this provision."

2. By adding the following provision at the end of subsection C.:
"Notwithstanding the foregoing provision to the contrary, a permit issued to demolish a building or structure located for property located within an historic overlay district adopted by the metropolitan council after the effective date of this ordinance that was issued within ninety days of the effective date of said historic overlay district shall be valid for a period of six months, and shall be renewable every six months upon written request by the applicant without any payment of a renewal fee, regardless of whether the work authorized by the permit has commenced, provided that no permit for property located within an historic overlay district shall be eligible for more than six extensions under this provision."

3. By amending Section 3 by adding after the phrase "approved by the metropolitan council" the phrase "after the effective date of this ordinance".

Sponsored by: Adam Dread, Jim Gotto