An Ordinance amending Chapters 17.16 and 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the general requirements for uses permitted by special exception (SE), the requirements for the Neighborhood Landmark (NL) district, and limitations on the granting of variances, all of which is more specifically described herein (Proposal No. 2007Z-067T).

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 17.16.150, General Provisions, as follows:

1. By deleting subsection A and substituting in lieu thereof the following new subsection A.:

"A.   Burden of Proof. A special exception permit shall not be considered an entitlement, and shall be granted by the board of zoning appeals only after the applicant has demonstrated to the satisfaction of the board that all of the required standards are met.  The Zoning Administrator shall provide, and the Board of Zoning Appeals shall consider, a complete record of any and all zoning and codes enforcement actions taken against an applicant at any location, including, but not limited to, abatement letters, notice of violations, citations, and show cause hearings. The Board of Zoning Appeals may disapprove an application based on past violations of any zoning or codes provisions, or failure by the applicant to abide by conditions imposed by the Board of Zoning Appeals, under a previously issued permit."

2. By adding the following provision as subsection H:

H. Plan Compatibility. The special exception shall be consistent with the applicable community plan as adopted under T.C.A. §13-3-301 and T.C.A. §13-4-201. The Metropolitan Planning department shall provide a recommendation on the proposed use's compatibility with such plan. The Metropolitan Planning Commission shall also provide a recommendation on the proposed use's compatibility with the character of the neighborhood and surrounding area.
3. By adding the following provision as subsection I:

1. Enforcement. Applicants and holders of special exception permits are expected at all times to comply with the Metropolitan Code of Laws including, but not limited to, property standards code and zoning regulations. Furthermore, applicants and holders of special exception permits are expected at all times to honor and abide by representations and guarantees made before the Board of Zoning Appeals.

At such time that the Metropolitan Government takes three (3) or more zoning and/or codes enforcement actions against a special exception permit holder within a twelve (12) month period, including, but not limited to abatement letters, notice of violations, and/or citations, the Zoning Administrator shall request a show cause hearing before the Board of Zoning Appeals to consider revocation or modification of a special exception permit. The Zoning Administrator shall provide, and the Board of Zoning Appeals shall consider, a complete record of any and all zoning and codes enforcement actions taken against a special exception permit holder. The Zoning Administrator’s request for a show cause hearing shall be made within 30 days of the most recent violation.

A show cause hearing shall also be requested by the Zoning Administrator when the Zoning Administrator becomes aware that a special exception permit holder has not honored and abided by representations and guarantees made before the Board of Zoning Appeals. At such time that the Zoning Administrator becomes aware that the special exception permit holder has not honored and abided by its own representations and guarantees, the Zoning Administrator shall, within 30 days, request a show cause hearing before the Board of Zoning Appeals to consider revocation or modification of the special exception permit. The Zoning Administrator shall provide and the Board of Zoning Appeals shall consider a complete record of those facts and circumstances that the Zoning Administrator has deemed to be inconsistent with representations and guarantees made by the special exception holder before the Board of Zoning Appeals.

The show cause hearings that are a result of this section shall be subject to all public hearing notice requirements.

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 17.40.160 as follows:

1. By adding the following new subsection F. 6.:

"6. Compliance with the Secretary of the Interior Standards for the Treatment of Historic Properties. Changes to any feature that is listed on the National Register of Historic Places, or eligible for listing on the National Register of Historic Places, shall be done in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Properties."

1. By deleting subsection J. "Metro Historic Zoning Commission Action" in its entirety and substituting in lieu thereof the following new provisions:
2.  

"J. Metro Historic Zoning Commission Action. Any existing or proposed Neighborhood Landmark district containing any feature located within an historic overlay district shall first be referred to, and reviewed by, the metropolitan historic zoning commission for conformance with the relevant guidelines. Any existing or proposed neighborhood landmark district containing any feature listed on the National Register of Historic Places or identified as eligible for listing on the National Register of Historic Places shall first be referred to, and reviewed by, the staff of the Metropolitan Historic Zoning Commission to determine the effects of the proposed Neighborhood Landmark district on the historic property. The Metropolitan Historic Zoning Commission shall provide a written recommendation to the planning commission on any aspects of the proposed Neighborhood Landmark district that would be in conflict with the adopted requirements, guidelines or standards.

Adoption of the Neighborhood Landmark shall not relieve any property owner from full compliance with the adopted regulations and guidelines of the applicable historic overlay guidelines."

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 17.40.340 by adding the phrase “nor the general or specific provision of a special exception” after the phrase “Section 17.36.070 (C) (PUD)”.

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: Emily Evans