SUBSTITUTE ORDINANCE NO. BL2009-479

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

Section 1. That Section 17.04.060 of the Metropolitan Code is hereby amended by adding the following new definitions:
“Commercial community gardening” means an individual or group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for commercial sale. Commercial community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

“Non-commercial community gardening” means a group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Non-commercial community gardening refers to crops for use/consumption by growers only.

Section 2. That Section 17.08.030, District Land Use Tables, is hereby amended as follows:

1. By adding “Non-commercial Community Gardening” as a Permitted use (P) in the Agricultural Districts, the Single-Family Districts, the One and Two-Family zoning districts, the Commercial Districts, and the Industrial Districts, as described in Section 17.08.020.
2. By adding “Commercial Community Gardening” as a Permitted use (P) in the AR2a zoning district, as well as the Commercial Districts and Industrial Districts, as described in Section 17.08.020.
3. By adding “Commercial Community Gardening” as a Special Exception use (SE) use in the R6, R8, R10, R15, R20, R40, R80, RS3.75, RS5, RS7.5, RS10, RS15, RS20, RS40, and RS80 zoning districts.

Section 3. That Section 17.16.230 of the Metropolitan Code is hereby amended by deleting subsection A. and substituting in lieu thereof the following new subsection A.:

A. Commercial Community Garden.
1. Landscape Buffer Yard. The board of zoning appeals shall have the authority to require landscape buffering for properties abutting a residentially zoned property;
2. Lighting. All lighting shall be shielded so that substantially all directly emitted light falls within the property. No illumination in excess of one-half foot candle shall be permitted across the boundary of any residential property or a public street or alley; and
3. On-Site Storage and Use of Compost and Organic Matter. All compost and/or organic matter on the site:
a. shall not cover more than ten percent (10%) of the total area of the property;
b. compost piles abutting adjacent properties must not be visible from adjacent property (shielded from view by shrubbery or an enclosure).
c. shall be managed to prevent the harborage of rodents and pests.
d. shall be maintained to prevent odors.
e. shall be located to prevent leachate (the water that has come in contact with the compost) from flowing onto adjacent property or into natural or human-made storm channels.
4. Drainage. The site shall be designed and maintained to prevent water from irrigation and/or other activities and/or fertilizer from draining onto adjacent property.
5. Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three (3) sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).
6. Parking. Where the minimum parking space standard requires additional parking area to be constructed, such area shall comply with the perimeter parking lot landscaping according to Chapter 17.24 of this code. In urban settings, the board of zoning appeals may consider on-street parking to satisfy the minimum parking standard, provided there is a finding of sufficient available public space.
7. The board of zoning appeals shall have the authority to consider the potential impacts on riparian areas of urban streams in deciding whether a particular location is appropriate for a commercial community garden.

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: Jason Holleman, Megan Barry, Kristine LaLonde, Erik Cole, Bo Mitchell, Mike Jameson, Darren Jernigan, Erica Gilmore

LEGISLATIVE HISTORY
Introduced:	June 2, 2009
Passed First Reading:	June 2, 2009
Referred to:	Planning Commission - Approved 10-0 (June, 25, 2009) Planning & Zoning Committee
Passed Second Reading:	July 7, 2009
Substitute Introduced:	July 21, 2009
Passed Third Reading:	July 21, 2009
Approved:	July 23, 2009
By:
Effective:	July 30, 2009