An Ordinance amending Chapter 17.04, 17.08, 17.12, 17.16 and 17.20 of Title 17 of the Metropolitan Code, Zoning Regulations, to delete "mobile vendor" as a use, to add a new definition of “outdoor vendor”, to designate outdoor vendor as a use, and to add certain conditions applicable to outdoor vendors, all of which is more specifically described herein (Proposal No. 2007Z-176T).

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

Section 1. That Chapter 17.04 of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.04.060 as follows:

1. By deleting the definition of "mobile vendor" in its entirety.
2. By adding the following new definition for “outdoor vending”:

"Outdoor vending" means the peddling, vending, sale, display, or offering for sale of goods, wares or merchandise outside of a fully-enclosed structure. Notwithstanding the foregoing, the sale of food and/or beverages, the sale of living plants and agricultural products, and street vendors licensed pursuant to 13.08.040 of the metropolitan code of laws shall not be considered "outdoor vending."

Section 2. That Chapter 17.08 of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.08.030, District Land Use Tables, as follows:

1. By deleting "mobile vendor" as a use permitted with conditions (PC) in the CF, CL, CS and CA districts.
2. By adding “outdoor vending” as a use permitted with conditions (PC) under Commercial Uses in the MUG, CL, CS, CA, CF, SCN, SCC, and SCR districts, and as a permitted use (P) in the IWD, IR and IG districts.

Section 3. That Chapter 17.16 of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.070 by deleting subsection "L" under "Commercial Uses" and substituting in lieu thereof the following new subsection L.:

"L. Outdoor Vending. This use shall be allowed according to the following standards:
1. No outdoor vending shall be allowed except as part of a retail establishment on the same property and under the same name and ownership utilizing a permanent, enclosed structure.
2. The outdoor vending area, including areas for display of merchandise, shall not exceed fifteen percent (15%) of the total square footage of the ground level of the permanent enclosed structure.
3. No outdoor vending activity shall take place within three hundred (300) feet of the public right-of-way, including the display of any merchandise or items for sale.
4. Outdoor vendors shall be located to the side or rear of the permanent enclosed structure and no outdoor vending activity shall be visible from the public right-of-way. Outdoor vendors shall use appropriate fencing and/or screening to shield the outdoor vending activity from the public right-of-way and any residentially-zoned property."

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: Michael Craddock, Rip Ryman, Anna Page