SUBSTITUTE ORDINANCE NO. BL2010-784

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

Section 1. Section 17.40.650 (Nonconforming Uses) is hereby amended by inserting the following new subsection F:

F. Relocation of Nonconforming Use. Within any zoning district that requires a final site plan under 17.40.170.B, excluding the Downtown Code, nonconforming uses may be relocated to another property if all of the following conditions are satisfied:
1. The new location is within the same zoning district as defined by the ordinance adopted by the Council of the Metropolitan Government of Nashville and Davidson County;
2. The relocating nonconforming use would have been permitted at the new location prior to the enactment of the ordinance referenced in subsection F.1. above;
3. The Board of Zoning Appeals determines that the relocation will facilitate redevelopment of the current location of the nonconforming use and that the new location of the nonconforming use is no less compatible with surrounding land uses than the existing location.

Section 2. This Ordinance shall take effect five (5) days 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: Jamie Hollin