ORDINANCE NO. BL2012-205

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create “Farm Market” as a new use to be permitted by special exception in the AG and AR2a zoning districts and specifying the applicable conditions, signage, and parking standards (Proposal No. 2012Z-015TX-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:
“Agricultural products” means products derived through agricultural activity.
“Agriculture-related products” means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to all agricultural and horticultural products, animal feed, canned goods, and baked goods.
“Agricultural tourism” means agricultural related tours, events and activities, as well as nonagricultural related activities used to attract people and promote the sales of farm produce and agricultural products at an active farm market. These tours, events and activities include, but are not limited to petting zoos, school tours, outdoor trails, corn mazes, hayrides, pony rides, group picnics, and outdoor recreation. The farm must be actively producing agricultural products for sale in order for agricultural tourism to be a permitted accessory use.
“Farm market” means a permanent structure, operated on a seasonal or year-round basis, located at a working farm at least 50 acres in size enabling agricultural producers to retail their products and agriculture-related items directly to consumers.

Section 2. Section 17.08.030, District Land Use Tables, is hereby amended by adding “Farm Market” under “Other Uses” as a use permitted by special exception (SE) in the AG and AR2a zoning districts.

Section 3. That Section 17.16.230 of the Metropolitan Code is hereby amended by adding the following new subsection B. and re-lettering the remaining subsections accordingly:
B. Farm Market.
1. All agricultural products and agriculture-related products shall have either been grown or produced on the farm where the farm market is located or on a local farm that is part of a cooperative with the farm market.
2. Landscape Buffer Yard. The board of zoning appeals shall have the authority to require landscape buffering for properties abutting a residentially zoned property.
3. Setbacks. All parking and buildings shall be setback at least 100 feet from the public right-of-way.
4. 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.
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. 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. 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: Charlie Tygard