ORDINANCE NO. BL2013-567

An ordinance to amend Table 17.12.020D and Table 17.24.230 of the Metropolitan Code, pertaining to alternative zoning districts and landscape buffer yard requirements (Proposal No. 2013Z-012TX-001).

WHEREAS, the Zoning Code requires new buildings constructed in the various “A” zoning districts to be located within a required build-to zone.

WHEREAS, utilities are occasionally located along a street frontage within the required build-to zone.

WHEREAS, the proposed text amendment would allow flexibility regarding required building placement, to provide for maintenance of exiting utilities.

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

Section 1. That Table 17.12.020D is hereby amended by inserting subsection h. under Note 4:

h. The zoning administrator may allow necessary adjustments to the build-to zone when existing utilities or utility easements are within the build-to zone and unusual circumstances require that the utilities cannot be relocated or easements reduced. Upon allowing an adjustment to the build-to zone, the zoning administrator may also allow adjustments to the rear setback and landscape buffer yard as authorized by Table 17.24.230, to provide for a necessary building area. The zoning administrator may allow necessary adjustments to the build-to zone, rear setback and landscape buffer yard based on the nature of the existing and future land uses and site conditions in the general vicinity after receiving a written recommendation from the planning department and any relevant department or agency.

Section 2. That Table 17.24.230 is hereby amended by inserting Note 1:

1. The zoning administrator may allow a necessary adjustment to the landscape buffer yard located along a rear property line to provide for necessary building area after determining an adjustment to a required build-to zone is necessary as permitted by Table 17.12.020.D. The zoning administrator may allow a necessary adjustment to the landscape buffer yard based on the nature of the existing and future land uses and site conditions in the general vicinity after receiving a written recommendation from the planning department.

Section 3. 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: Walter Hunt

LEGISLATIVE HISTORY
Introduced:	October 1, 2013
Passed First Reading:	October 1, 2013
Referred to:	Planning Commission Planning & Zoning Committee
Passed Second Reading:	November 5, 2013
Passed Third Reading:	November 19, 2013
Approved:	November 20, 2013
By:
Effective:	November 22, 2013