LEGISLATIVE HISTORY
Planning & Zoning Committee
(Public Hearing):
February 4, 2014
SECOND SUBSTITUTE ORDINANCE NO. BL2014-651
An Ordinance amending Chapters 17.04, 17.08 and 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of small outdoor music events, all of which is more specifically described herein (Proposal No. 2014Z-004TX-001).
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.04.060, Definition of General Terms, by adding the following definition:
“Small outdoor music event” means the provision of live acoustic music using small portable sound systems outside of permanent structures on commercially-zoned property where the performers are located within one thousand feet of any residentially-zoned property.
Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.08.030, Land Use Tables, by adding the use “Small Outdoor Music Event” under Recreation and Entertainment Uses as a Use Permitted with Conditions (PC) use in the CS, CA, and CF zoning districts.
Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.16.120, Recreation and Entertainment Uses, by adding the following new subsection D.:
D. Small Outdoor Music Event.
1. Setback. The stage and sound amplification equipment shall not be oriented toward any residence located within three hundred feet of the property line upon which the small outdoor music event is to be held. Further, to the extent possible, sound amplification equipment shall be oriented so that sound is directed away from the closest residential property. For purposes of this subsection, "sound amplification equipment" means small portable sound systems, microphones, and amplified acoustic musical instruments.
2. Noise. A maximum noise level of seventy-five decibels on the A-weighted scale shall be permitted to occur at the boundary line of the nearest residential property.
3. Limitations on number of events and hours of operation. No more than one small outdoor music event shall be held on the property in a calendar month, with a maximum of eight events per calendar year. All small outdoor music event activity shall take place only between the hours of 11:00 a.m. and 9:00 p.m. on weekdays, and between 11:00 a.m. and 10:00 p.m. on weekends and shall last a maximum of 4 hours. The applicant shall provide the zoning administrator with a list of the date(s) and time(s) of the scheduled small outdoor music event(s) prior to obtaining a permit. The permit holder shall annually update the information on file with the zoning administrator regarding the event date(s) and time(s), and the zoning administrator shall be notified of any change in the date(s) and time(s) of events at least ten days prior to the event.
4. Attendance. Small outdoor music events shall be limited to a maximum of 150 people if the lot size is less than 20,000 square feet in size.
5. Parking. Adequate off-street parking shall be provided.
6. Street standard. At a minimum, primary street access for the event shall be from a nonresidential collector street.
7. Traffic and parking management plan. A traffic and parking management plan shall be submitted at the time the application for the use permit is filed. At a minimum, such traffic and parking management plan shall include the number of vehicles expected, a list of the streets to be used for ingress and egress, and a list of surface parking areas to be used to accommodate the event.
8. Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.
9. Event Notification. The applicant shall provide written notice of every small outdoor music event to all properties located within 600 feet of the subject property at least ten business days prior to the date of each event. Such notice can be via first class U.S. mail or hand delivery. An event notification plan shall be submitted by the applicant prior to obtaining a permit identifying the method by which notice regarding the small outdoor music event(s) is to be provided. Such notice shall include the following:
a. the date, location, and hours of the event;
b. the name, email address, and telephone number of the person(s) responsible for the event;
c. the telephone number of the zoning administrator’s office for purposes of making complaints regarding the event; and
d. a statement that noise complaints during the event shall be made to the metropolitan police department.
10. Revocation of permit. The zoning administrator shall have the authority to revoke a small outdoor music event permit upon the violation of any of the terms and conditions of the use permit or of the provisions of this section. Prior to taking action to revoke a small outdoor music event permit, the zoning administrator shall have received a petition documenting the violation(s) signed by owners/occupants representing a majority (fifty percent plus one) of the properties within the event notification area and a copy of the matter of record report from the metropolitan police department. Upon revocation, applicants shall not be permitted to apply for another small outdoor music event permit for a period of one year. Revocations may be appealed to the board of zoning appeals pursuant to section 17.40.180 of the metropolitan code.
11. The conditions set forth herein shall not apply to any event on public property meeting the definition of small outdoor music event, nor shall they apply to such events on property that is not zoned CS, CF, and CA.
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: Burkley Allen, Bo Mitchell
Amendment No. 1
To
Second Substitute Ordinance No. BL2014-651
Madam President:
I move to amend Second Substitute Ordinance No. BL2014-651 by amending Section 3 as follows:
1. By deleting the provisions of subsection D.1., and substituting with the following:
1. Setback. The stage and sound amplification equipment shall not be oriented toward any residence located within three hundred feet of the property line upon which the small outdoor music event is to be held. Further, sound amplification equipment shall be oriented so that sound is directed away from the closest residential property. For purposes of this subsection, "sound amplification equipment" means small portable sound systems of maximum 300 watts, microphones, and amplified acoustic musical instruments.
2. By deleting the provisions of subsection D.10., and substituting with the following:
10. Revocation of permit. The zoning administrator shall have the authority to revoke a small outdoor music event permit upon the violation of any of the terms and conditions of the use permit or of the provisions of this section. Prior to taking action to revoke a small outdoor music event permit, the zoning administrator shall have received a petition documenting the violation(s) signed by owners/occupants representing a majority (fifty percent plus one) of the properties within the event notification area and a copy of the matter of record report from the metropolitan police department, provided that no petition shall be required whenever the zoning administrator determines that there has been a repeat violation of this section or has grounds to believe that a repeat violation has occurred within the past twelve months. Upon revocation, applicants shall not be permitted to apply for another small outdoor music event permit for a period of one year. Revocations may be appealed to the board of zoning appeals pursuant to section 17.40.180 of the metropolitan code.
3. By adding the following provisions as subsection D.11.:
11. Spacing. Only one small outdoor music event permit shall be issued per street block face. Where a block face is over five hundred feet in length, no small outdoor music event shall be permitted within five hundred feet of another property having a valid permit for small outdoor music events, measured in a direct line along the block face from property line to property line and including any public right-of-way.
Sponsored by: Burkley Allen
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | January 7, 2014 |
| Passed First Reading: | January 7, 2014 |
| Referred to: | Planning
Commission Planning & Zoning Committee |
| Substitute Introduced: | February 4, 2014 |
| Substitute Approved: | February 4, 2014 |
| Deferred to March 4, 2014 (Public Hearing): |
February 4, 2014 |
| Second Substitute Introduced: | March 4, 2014 |
| Passed Second Reading: | March 4, 2014 |
| Amended: | March 18, 2014 |
| Passed Third Reading: | March 18, 2014 |
| Approved: | March 21, 2014 |
| By: | |
| Effective: | March 28, 2014 |
Requests for ADA accommodation should be directed to Shannon Hall
at 615/862-6770.