An Ordinance amending Section 17.40.650 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the alteration and restoration of nonconforming structures, all of which is more specifically described herein (Proposal No. 2007Z-125T).

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 17.40.650 as follows:

1. By deleting subsection D. in its entirety and substituting in lieu thereof the following new subsection D.:

“D. Alteration of a Structure Containing a Nonconforming Use. For any use not otherwise protected by Tennessee Code Annotated Section 13-7-208 and subsection E. below, alterations other than incidental shall be permitted only though the issuance of a permit by the board of zoning appeals.”

2. By deleting subsection E.2. and substituting in lieu thereof the following new subsection E.2.:

“2. In a residential district, a nonconforming use shall cease if fifty percent or more of the floor area of the building or structure is damaged or destroyed. When damage if to less than fifty percent of the floor area, the building may be restored within one year of the date of the damage. A structure containing a two- family nonconforming use within an RS district many be restored within five years regardless of percentage of damage or destruction.”

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: Jim Gotto

Amendment No. 1
To
Ordinance No. BL2007-1543

Mr. President:

I move to amend Ordinance No. BL2007-1543 by amending Section 1 by deleting paragraph 1. and substituting in lieu thereof the following new paragraph 1.:

“1. By deleting subsection D. in its entirety and substituting in lieu thereof the following new subsection D.:

D. Alteration of a Structure Containing a Nonconforming Use. For any use not otherwise protected by Tennessee Code Annotated Section 13-7-208 and subsection E. below, alterations other than incidental shall be permitted only though the issuance of a permit by the board of zoning appeals, but the floor area ratio (FAR) of the expanded use together with all other uses on the lot shall not exceed the maximum FAR currently permitted in the base zoning district.”

Sponsored by: Jim Gotto

Amendment No. 2
To
Ordinance No. BL2007-1543

Mr. President:

I move to amend Ordinance No. BL2007-1543 by amending Section 1 by deleting the phrase “five years”, wherein it appears in the subsection E.2., and substituting in lieu thereof the phrase “two years”.

Sponsored by: Jim Gotto

LEGISLATIVE HISTORY
Introduced:	June 5, 2007
Passed First Reading:	June 5, 2007
Referred to:	Planning Commission - Approved 8-0 (June 28, 2007) Planning & Zoning Committee
Passed Second Reading:	July 10, 2007
Deferred to August 7, 2007:	July 10, 2007
Amended:	August 7, 2007
Deferred:	August 7, 2007
Passed Third Reading:	August 21, 2007
Approved:	August 23, 2007
By:
Effective:	August 24, 2007