ORDINANCE NO. BL2012-313

An ordinance amending Section 17.40.010 of the Metropolitan Code of Laws to require construction, application and enforcement of the zoning code in accordance with federal law.

WHEREAS, Title 17 of the Metropolitan Code of Laws was amended through Substitute Ordinance BL2008-333 to require construction, application and enforcement of the zoning code in accordance with federal law; and,

WHEREAS, further amendment of Title 17 is necessary to clarify the responsibilities of the zoning administrator with respect to the construction, application and enforcement of the zoning code.

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

Section 1. Metropolitan Code of Laws § 17.40.010(H) shall be replaced in its entirety with the following:

H. Construction, Application and Enforcement Consistent with Federal Law. The provisions of this title shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including without limitation the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq.; the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132 et seq.; and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq. Notwithstanding any other provision of this title to the contrary, the zoning administrator shall make reasonable accommodations in the provisions of this chapter and the rules, policies and practices of his office so that rights established or recognized under RLUIPA are protected and handicapped or disabled persons, or providers of housing for handicapped or disabled persons, are not discriminated against and are afforded an equal opportunity to use and enjoy dwellings. Before approving or denying a request for a reasonable accommodation under this chapter, the zoning administrator shall consult with the department of law and consider advice offered by any other metropolitan department having relevant jurisdiction or duties under the Metropolitan Charter or Code of Laws with respect to the request and any conditions that may be necessary to protect public health and safety.

Section 2. The first sentence of Metropolitan Code of Laws § 17.40.010(I) shall be replaced in its entirety with the following:

For purposes of this section “person” shall mean an individual, group or institution. Any person who has a handicap or disability recognized by federal law, provides housing for such a person or whose religious exercise is burdened by a provision of this title, or a representative of any such person, may request in writing a reasonable accommodation as contemplated in this section.

Sponsored by: Phil Claiborne

LEGISLATIVE HISTORY
Introduced:	November 13, 2012
Passed First Reading:	November 13, 2012
Referred to:	Planning Commission - Approved 8-0 (November 8, 2012) Planning & Zoning Committee
Passed Second Reading:	December 4, 2012
Passed Third Reading:	December 18, 2012
Approved:	December 19, 2012
By:
Effective:	December 24, 2012