ORDINANCE NO. BL2012-182

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create “On-Site Agricultural Sales” as a new use to be permitted with conditions in the AG and AR2a zoning districts and specifying the applicable conditions and signage standards (Proposal No. 2012Z-010TX-001).

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

Section 1. Section 17.04.060, Definitions, is hereby amended by adding the following definitions in alphabetical order:

“Handicrafts” or “Handcrafted” means an object that requires use of the hands, hand tools and human craft skills in its production, and is not mass produced.

“On-Site Agricultural Sales” means property containing at least five acres of land and used for sale of seasonal agricultural items produced on the property and sold to the public through a roadside stand, farm stand, “cut your own” and/or “pick your own” activity. For purposes of this use “property” shall mean any contiguous, abutting, or adjacent property under the same ownership.

Section 2. Section 17.08.030, District Land Use Tables, is hereby amended by adding “On-Site Agricultural Sales” under “Other Uses” as a use permitted with conditions (PC) in the AG and AR2a zoning districts.

Section 3. Section 17.16.130 of the Metropolitan Code is hereby amended by adding the following new subsection B.:

B. On-Site Agricultural Sales.
1. Maximum Size. Any stand or activity, including any structure, shall be allowed a maximum of 300 square feet of indoor and outdoor area to display items, except no outdoor display area limitation shall apply to agricultural products cut or picked by customers. The maximum floor area of any structure shall be 100 square feet.
2. Stand. Any stand and/or structure shall be single-story, temporary/seasonal, readily removable, and not permanently affixed to the ground.
3. Products. Items offered for sale or without charge shall be limited to those produced on the property such as raw unprocessed fruits, vegetables, nuts, seeds, herbs, flowers, ornamental plants, or trees, as well as jams, jellies, pickles, sauces, relishes, baked goods, or handicrafts.
4. Parking. Adequate off-street parking shall be provided with an all-weather surface that minimizes ruts, potholes, and pooling of water. No portion of any required parking space shall be located within the right-of-way of a public street or require backing-up onto a public street.

Section 4. Section 17.32.040 of the Metropolitan Code (Exempt Signs) is hereby amended by adding the following new subsection CC.:

CC. In the agricultural districts, signs advertising on-site agricultural sales defined as a roadside stand, farm stand, “cut your own”, or “pick your own”, provided such sign does not exceed 16 square feet in area, is not illuminated, and is not a prohibited sign as set forth in Section 17.32.050.

Section 5. That 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: Jason Holleman, Jacobia Dowell, Karen Johnson, Fabian Bedne, Burkley Allen

Amendment No. 1
To
Ordinance No. BL2012-182

Madam President:

I move to amend Ordinance No. BL2012-182 by amending Section 3 by deleting the phrase “baked goods,” from subsection B.3.

Sponsored by: Jason Holleman

Amendment No. 2
To
Ordinance No. BL2012-182

Madam President:

I move to amend Ordinance No. BL2012-182 by amending Section 3 by adding the following provision at the end of subsection B.2.:
“Further, any stand and/or structure shall be at least 15 feet from any public right-of-way.”

Sponsored by: Fabian Bedne

LEGISLATIVE HISTORY

Introduced: June 5, 2012
Passed First Reading: June 5, 2012
Referred to: Planning Commission
Planning & Zoning Committee
Passed Second Reading: July 3, 2012
Amendment No. 1: July 17, 2012
Amendment No. 2: July 17, 2012
Passed Third Reading: July 17, 2012
Approved: July 19, 2012
By: mayor's signature
Effective: July 23, 2012