ORDINANCE NO. BL2008-333

SUBSTITUTE ORDINANCE NO. BL2008-333

An ordinance amending Title 17 of the Metropolitan Code of Laws and requiring construction, enforcement and application of the zoning code consistent with federal law (Proposal No. 2008Z-090T).

WHEREAS, the provisions of Title 17 of the Metropolitan Code of Laws must be construed, applied and enforced consistent with federal law.

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

Section 1. Section 17.40.010 of the Metropolitan Code of Laws is hereby amended by adding the following new subsections:

H. Construction, Application and Enforcement Consistent With Federal Law. The provisions of this Title shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including but not limited to the Fair Housing Act, 42 U.S.C. § 3601 et. seq.; the Americans with Disabilities Act, 42 U.S.C. § 12132, et. seq.; and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et. seq. Notwithstanding any other provision of this Title to the contrary, the zoning administrator shall make reasonable accommodations in the rules, policies, and practices of his office so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against and are afforded an equal opportunity to use and enjoy dwellings.

I. Procedure for Obtaining Reasonable Accommodation.

1. Any person having a handicap or disability or a provider of housing for a handicapped or disabled person recognized by federal law, or such person or entity’s representative, may request in writing a reasonable accommodation as contemplated in this section. The right to request a reasonable accommodation shall be prominently displayed in the public area under the supervision of the zoning administrator and on the publicly accessible portion of any Internet website maintained by the Metropolitan Government and devoted to local codes enforcement and zoning matters. The zoning administrator shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this paragraph and issue a determination within thirty (30) days of the request being made. The zoning administrator’s decision shall be reviewable by the Board of Zoning Appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. Any appeal brought under this subsection must be in writing and filed with the Board of Zoning Appeals not more than thirty (30) days after issuance of the zoning administrator’s decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the zoning administrator or the Board of Zoning Appeals shall be kept on file for not less than three (3) years from the date of final decision and available for public inspection upon reasonable notice.

2. The preceding paragraph shall not affect the existing procedures for initially requesting a demolition permit to demolish a structure listed or eligible for listing on the National Register of Historic Places or a structure meeting the criteria of T.C.A § 7-51-1201 or structure within an historic overlay district. The procedures under sections 16.28.190 and 17.40.410 shall continue to control the demolition of these historic structures except that the executive director of the historical commission and the historical commission shall make reasonable accommodations in the rules, policies, and practices of their offices concerning the demolition of historic structures so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against. They shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this section. Their decisions shall be reviewable by the Board of Zoning Appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. Any appeal brought under this paragraph must be in writing and filed with the Board of Zoning Appeals not more than thirty (30) days after issuance of the their decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the executive director of the historical commission or the historical commission shall be kept on file for not less than three (3) years from the date of final decision and available for public inspection upon reasonable notice.

3. The department of law shall advise the zoning administrator, the executive director of the historical commission, the historical commission and the Board of Zoning Appeals concerning their duty to make reasonable accommodations for handicapped or disabled persons.

Section 2. Section 17.40.180 of the Metropolitan Code of Laws is hereby amended by adding the following new subsection:

F. Reasonable Accommodation. The decision of either the zoning administrator, the executive director of the historical commission, or of the historical commission itself, to grant or deny a handicapped or disabled person or a provider of housing for a handicapped or disabled person, a reasonable accommodation shall be reviewable by the Board of Zoning Appeals upon the filing of a notice of appeal with the Board of Zoning Appeals by any person or entity aggrieved by that decision. The notice of appeal must be filed with the Board of Zoning Appeals no more than thirty (30) days after issuance of the zoning administrator’s decision.

Section 3. This Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	October 21, 2008
Passed First Reading:	October 21, 2008
Referred to:	Planning Commission - Approved 9-0 (December 11, 2008) Planning & Zoning Committee
Passed Second Reading:	January 6, 2009
Substitute Introduced:	January 20, 2009
Passed Third Reading:	January 20, 2009
Approved:	January 22, 2009
By:
Effective:	January 26, 2009