ORDINANCE NO. BL2008-169

An Ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to check cashing, title loan, pawnshops, and cash advance establishments, all of which is more specifically described herein (Proposal No. 2008Z-032T).

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

Section 1. That Section 17.04.060 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding the following new definitions:

“Financial institution” means any building, room, space or portion thereof where an establishment provides a variety of financial services, including generally, banks, credit unions, and mortgage companies.

“Check cashing” means any building, room, space or portion thereof where checks are cashed in exchange for a fee, as regulated by Title 45, Chapter 18, of the Tennessee Code Annotated.

“Title loan” means any building, room, space or portion thereof where a business operates that makes loans in exchange for possession of the certificate of title to property or a security interest in titled property, as regulated by Title 45, Chapter 15, of the Tennessee Code Annotated.

“Pawnshop” means any building, room, space or portion thereof where a pawnbroker regularly conducts business, as regulated by Title 45, Chapter 6, of the Tennessee Code Annotated.

“Cash advance” means any building, room, space or portion thereof where unsecured, short-term cash advances are provided, including those made against future pay checks, as regulated by Title 45, Chapter 17, of the Tennessee Code Annotated.

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

1. By adding “Check cashing”, “Title loan” and “Cash Advance” under Office uses as a permitted use (P) in the MUL, MUG, MUI, OL, OG, OR20, OR40, ORI, CN, CL, CS, CA, CF, CC, SCN, SCC, SCR and IWD districts, and as use permitted with conditions (PC) in the MUN and ON districts.

2. By adding “Pawnshop” under Commercial Uses as a permitted use (P) in the MUL, MUG, MUI, CL, CS, CA, CF, CC, and SCR districts, and as use permitted with conditions (PC) in the MUN, ORI, CN, SCN, SCC, IWD, IR and IG districts.

Section 3. That Chapter 17.16 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended as follows:

1. By amending Section 17.16.050 by deleting subsection A. in its entirety and substituting in lieu thereof the following new subsection A.

“A. Financial Institution, Cash Advance, Check Cashing and Title Loan. A financial institution, cash advance, check cashing or title loan office shall be limited to two thousand five hundred square feet of gross floor area per establishment.”

2. By amending Section 17.16.070 by inserting the following as subsection M., and relettering the remaining subsections accordingly:

“M. Pawnshop.
1. In the MUN, ORI and CN zone districts, each establishment shall be limited to five thousand square feet of gross floor area, maximum.
2. In the IWD, IR and IG zone districts, each establishment shall be limited to two thousand five hundred square feet of gross floor area, maximum.”

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: Erik Cole, Karen Bennett, Megan Barry

Amendment No. 1
To
Ordinance No. BL2008-169

Madam President:

I move to amend Ordinance No. BL2008-169 by deleting Section 2 in its entirety and substituting in lieu thereof the following new Section 2:

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

1. By adding “Check cashing”, “Title loan” and “Cash Advance” under Office uses as a permitted use (P) in the MUL, MUG, MUI, OL, OG, OR20, OR40, ORI, CL, CS, CA, CF, CC, SCN, SCC, SCR and IWD districts, and as use permitted with conditions (PC) in the MUN, ON and CN districts.
2. By adding “Pawnshop” under Commercial Uses as a permitted use (P) in the MUL, MUG, MUI, CL, CS, CA, CF, CC, and SCR districts, and as use permitted with conditions (PC) in the MUN, ORI, CN, SCN, SCC, IWD, IR and IG districts.”

Sponsored by: Erik Cole

LEGISLATIVE HISTORY

Introduced: March 4, 2008
Passed First Reading: March 4, 2008
Referred to: Planning Commission - Approved 7-0
(April 10, 2008)
Planning & Zoning Committee
Amended: May 6, 2008
Passed Second Reading: May 6, 2008
Deferred: May 20, 2008
Deferred Indefinitely: June 3, 2008
Put back on October 7, 2008 Agenda: September 30, 2008
Passed Third Reading: October 7, 2008
Approved: October 14, 2008
By:
Effective: October 17, 2008