ORDINANCE NO. BL2010-753

An Ordinance amending Chapters 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, to designate bars and restaurants as uses permitted with conditions and to add certain location restrictions for these uses, all of which is more specifically described herein (Proposal No. 2010TX-017-001).

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.08.030, District Land Use Tables, by designating “bar or nightclub”, “restaurant, full-service”, and “restaurant, take-out” as uses permitted with conditions (PC) in the SP, MUN, MUG, MUI, ORI, CL and CS zoning districts.

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.070, Commercial Uses, by deleting subsection G. in its entirety and substituting with the following new subsection G.:

“G. Bar or Nightclub.
1. Establishments within the MUN, CN and SCN districts shall be limited to two thousand five hundred square feet of gross floor area per establishment, with no more than one establishment per lot.
2. No establishment shall be located within one hundred feet of:
a. A religious institution;
b. A facility engaged primarily in community education or its playground;
c. A day care center or day care home;
d. A single or two-family residence; or
e. A park.
Distances shall be measured in a straight line from the closest point of the establishment's building to the closest point of the religious institution, community education facility, day care, single or two-family residence, or park.”

Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.070, Commercial Uses, by deleting subsection P. in its entirety and substituting with the following new subsection P.:

“P. Restaurant, Fast Food. Each establishment shall be limited to five thousand square feet of gross floor area, maximum.”

Section 4. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.070, Commercial Uses, by adding the following new subsection Q., and re-lettering the remaining subsections accordingly:

“Q. Restaurant, Full-Service and Take-Out.
1. Establishments within the MUN and CN shall be limited to five thousand square feet of gross floor area, maximum.
2. In the MUN district, a restaurant, take-out, must be located within a permanent, enclosed structure.
3. No establishment shall be located within one hundred feet of:
a. A religious institution;
b. A facility engaged primarily in community education or its playground;
c. A day care center or day care home;
d. A single or two-family residence; or
e. A park.
Distances shall be measured in a straight line from the closest point of the establishment's building to the closest point of the religious institution, community education facility, day care, single or two-family residence, or park.”

Section 5. 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: Vivian Wilhoite