ORDINANCE NO. BL2013-569

An ordinance to amend Chapters 17.08 and 17.16 of the Metropolitan Zoning Code pertaining to the conditions applicable to certain automobile related uses, all of which is more specifically described herein (Proposal No. 2013Z-014TX-001).

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

Section 1. That Section 17.16.070 of the Metropolitan Code is hereby amended by deleting the phrase “25 feet”, wherein it appears in subsections E.6 and F.6, and substituting with the phrase “two hundred feet”.

Section 2. That Section 17.16.070 of the Metropolitan Code is hereby amended by adding the following new subsection E.9:

“9. No more than one automobile repair establishment shall be located on a single block face.”

Section 3. That Section 17.16.070 of the Metropolitan Code is hereby amended by deleting the existing provisions of subsection F and substituting with the following:

Automobile Sales, (New and Used).
1. There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:
a. A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or
b. A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.
2. Driveways shall be consolidated if required by the Metro Traffic Engineer.
3. Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.
4. Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.
5. Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.
6. All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 200 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.
7. Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.
8. Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

Lot Frontage in Feet          Max Number of Signs        Max Sign Area         Max Height
Less than 100                    1                                       64 sq. ft.               20 ft.
100 – 299                         1                                      100 sq. ft.               20 ft.

9. No more than one automobile sales establishment shall be located on any one block face.
10. Automobile sales establishments shall not be located within 1,000 linear feet of another automobile sales establishment.
11. Prior to obtaining a permit to operate an automobile sales establishment, the permit applicant shall provide proof to the zoning administrator that a community meeting was held to inform the public regarding the plans for the proposed establishment, and that written notice of the community meeting was sent by U.S. mail to the district councilmember and to all property owners within six hundred feet of the proposed automobile sales) establishment at least fourteen days prior to the community meeting.

Section 4. That Section 17.16.070 of the Metropolitan Code is hereby amended by adding the following new provisions at the end of subsection I.:

10. No more than one car wash shall be located on any one block face.
11. A Car wash shall not be located within 500 linear feet of another car wash.
12. Prior to obtaining a permit to operate a car wash, the permit applicant shall provide proof to the zoning administrator that a community meeting was held to inform the public regarding the plans for the proposed car wash, and that written notice of the community meeting was sent by U.S. mail to the district councilmember and to all property owners within six hundred feet of the proposed car wash at least fourteen days prior to the community meeting.

Section 5. That Section 17.16.070 of the Metropolitan Code is hereby amended by adding the following provisions at the end of subsection T.:
9. No more than one vehicular sales and service, limited establishment shall be located on any one block face.
10. Vehicular sales and service, limited establishments shall not be located within 1,000 linear feet of another vehicular sales and service, limited establishment.
11. Prior to obtaining a permit to operate a vehicular sales and service, limited establishment, the permit applicant shall provide proof to the zoning administrator that a community meeting was held to inform the public regarding the plans for the proposed establishment, and that written notice of the community meeting was sent by U.S. mail to the district councilmember and to all property owners within six hundred feet of the proposed vehicular sales and service, limited establishment at least fourteen days prior to the community meeting.

Section 6. That Section 17.08.030, District land use tables, is hereby amended by deleting the “P” (permitted) designation for automobile sales, new under the “CS” (Commercial Services) zoning district and substituting with the designation “PC” (permitted with conditions).

Section 7. 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: Fabian Bedne, Tony Tenpenny, Davette Blalock, Jason Potts