ORDINANCE NO. BL2009-535

ORDINANCE NO. BL2009-535

An ordinance amending Chapter 17.04 of Title 17 of the Metropolitan Code of Laws, Zoning Regulations, to modify the definitions of “Family” and “Residence for handicapped, more than eight individuals” to clarify the individuals included in the definition (Proposal No. 2009Z-037TX-001).

WHEREAS, the definition of “family” in Title 17 of the Metropolitan Code of Laws includes a group of not more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons; and,

WHEREAS, the definition contains language excluding “the mentally ill” from the category of “mentally handicapped” persons; and,

WHEREAS, the definition of “Residence for handicapped, more than eight individuals” also contains language excluding “the mentally ill” from the category of “mentally handicapped” persons; and,

WHEREAS, Tennessee Code Annotated § 13-24-101(b) states that the definition of “mentally handicapped” does not include persons who are mentally ill and because of such mental illness pose a threat of serious harm; and,

WHEREAS, the Metropolitan Government seeks to amend its definitions of “family” and “residence for handicapped, more than eight individuals” to reflect the definition of “mentally handicapped” under Tennessee Code Annotated § 13-24-101(b).

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

Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, Section 17.04.060.B., “Family,” is amended by deleting subsection 2 of the definition in its entirety and replacing it with the following:

2. A group of not more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit in accordance with Tennessee Code Annotated § 13-24-102. For purposes of this subsection, ‘mentally handicapped’ and ‘physically handicapped’ includes persons being professionally treated for drug and/or alcohol dependency or abuse. For the purposes of this subsection, “mentally handicapped” does not include persons who are mentally ill and, because of such mental illness, pose a likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.

Section 2. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, Section 17.04.060.B., “Residence for handicapped, more than eight individuals” is amended by deleting the definition in its entirety and replacing it with the following:

“Residence for handicapped, more than eight individuals” means a group of more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit. For the purposes of this subsection, “mentally handicapped” does not include persons who are mentally ill and, because of such mental illness, pose a likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.

Section 2. 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: Sean McGuire, Jim Gotto, Jim Hodge

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2009-535

Madam President:

I move to amend Ordinance No. 2009-535 by modifying it as follows:

By deleting Section 2 in its entirety and adding the following new Section 2 and renumbering the following sections of the Ordinance accordingly:

“Section 2. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, Section 17.04.060.B., “Residence for handicapped, more than eight individuals” is amended by deleting the definition in its entirety and replacing it with the following:
“Residence for handicapped, more than eight individuals” means a group of more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit. For purposes of this subsection, ‘mentally handicapped’ and ‘physically handicapped’ includes persons being professionally treated for drug and/or alcohol dependency or abuse. For the purposes of this subsection, “mentally handicapped” does not include persons who are mentally ill and, because of such mental illness, pose a likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.”

LEGISLATIVE HISTORY
Introduced:	September 1, 2009
Passed First Reading:	September 1, 2009
Referred to:	Planning Commission - Approved 6-0 September 24, 2009 Planning & Zoning Committee
Passed Second Reading:	November 3, 2009
Amended:	November 17, 2009
Passed Third Reading:	November 17, 2009
Approved:	November 19, 2009
By:
Effective:	November 23, 2009