ORDINANCE NO. BL2012-249

An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations to add “Nano Brewery” as use permitted with conditions (PC) in the MUL, MUL-A, MUG, MUG-A, MUI, MUI-A, CL and CS zoning districts (Proposal No. 2012Z-019TX-001).

WHEREAS, the Metro Council adopted Substitute Ordinance BL2008-282 on September 19, 2008, allowing microbreweries as a permitted use in the IR and IG zoning districts and Ordinance BL2012-117 allowing microbreweries in the IWD zoning districts;

WHEREAS, the Metro Council adopted Ordinance BL2009-587 on February 2, 2010 allowing microbreweries as a permitted use in the DTC zoning district;

WHEREAS, nano breweries are a less intensive use appropriate, with conditions, for certain commercial and mixed-use districts; and,

WHEREAS, it is fitting and proper to allow nano breweries in certain commercial and mixed-use zoning districts as part of Nashville’s entertainment and tourism industry.

NOW, THEREFORE, 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 definition in alphabetical order:

"Nano Brewery" means the production of beer, regardless of the percentage of alcohol by volume (ABV), in quantities not to exceed one thousand, two hundred fifty (1,250) barrels per month.

Section 2. Section 17.08.030, District Land Use Tables, is hereby amended by adding “Nano Brewery” under “Commercial” in alphabetical order as a permitted with conditions use (PC) in the MUL, MUL-A, MUG, MUG-A, MUI, MUI-A, CL and CS zoning districts.

Section 3. Section 17.16.070, Uses Permitted with Conditions (PC) – Commercial Uses of the Metropolitan Code is hereby amended by adding the following new subsection N. and renumbering the following sections accordingly:

N. Nano Brewery
1. No outdoor storage shall be permitted.
2. All beer production activities shall be within completely enclosed structures.
3. Loading Docks: Loading docks shall not be oriented toward the street. Where the site abuts an R, RS, RM, MUN, MUN-A, or OR zoning district, the building wall facing such lot shall not have any loading docks oriented towards these districts. Where these districts abut all sides, the loading dock shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such districts permitting residential use.
4. Service Doors: Any service doors facing a public street or a zoning district permitting residential use shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such public street or district permitting residential use.
5. Waste/By-Products. All by-products or waste from the production of the beer shall be disposed of off-site.

Section 4. Be it further enacted, that this ordinance take effect immediately 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: Anthony Davis, Peter Westerholm

LEGISLATIVE HISTORY
Introduced:	September 4, 2012
Passed First Reading:	September 4, 2012
Referred to:	Planning Commission - Approved 6-0-1 (September 27, 2012) Planning & Zoning Committee
Passed Second Reading:	October 2, 2012
Passed Third Reading:	October 16, 2012
Approved:	October 17, 2012
By:
Effective:	October 22, 2012