ORDINANCE NO. BL2009-410

An Ordinance amending Chapter 17.16 of the Metropolitan Code, Zoning Regulations, to modify the land use development standards for "mobile vendor" as a use, all of which is more specifically described herein (Proposal No. 2009Z-002TX-001).

WHEREAS, in certain areas of Davidson County, mobile vending provides an affordable alternative to traditional retail stores for goods, wares, and merchandise for the community; and

WHEREAS, permitting mobile vending in neighborhoods subject to approval of a special exception use by the Board of Zoning Appeals ensures the public is provided adequate notice and an opportunity to comment on whether the use is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not adversely affect nearby properties.

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

Section 1. 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 adding the following new subsection 3. to Section 17.16.070.M.:

3. Where a proposed mobile vendor cannot comply with these provisions, the applicant may apply for a special exception permit per Chapter, 17.40, Article VII. Special Exception Uses for review and approval in accordance with the provisions of Chapter 17.16, Article III. Uses Permitted by Special Exception (SE) of this title.

Section 2. 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 adding the following new subsection B. to Section 17.16.175:

B. Mobile Vendor.

1. Setback. All mobile vending activity shall be setback a minimum of fifty feet from the public right-of-way. Further, all such mobile vending activity must be setback at least fifty feet from any residential zoning district.
2. Street Standard. Mobile vending activity shall not be permitted along any local residential street or arterial street, but shall only take place when frontage is on a collector street.
3. Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.
4. Hours of Operation. The hours of operation for any mobile vending activity shall be limited to 7:00 a.m. to 6:00 p.m.

Section 3. 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: Pam Murray