SUBSTITUTE ORDINANCE NO. BL2014-715

An Ordinance amending Chapter 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the zoning application fees and public hearing notice costs for amendments to the official zoning map initiated by a member or members of the Metropolitan Council (Proposal No. 2014Z-005TX-001).

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

Section 1. That Section 17.40.720 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by designating the existing provisions as subsection A., and by adding the following provision as subsection B.:

“B. The planning department shall have the responsibility for the preparation and mailing of written notices regarding the public hearing for amendments to the official zoning map initiated by a member or members of council that fall within the fee waiver exceptions in Section 17.40.740.C of the metropolitan code. The planning department shall also be responsible for all costs associated with the preparation and mailing of such written notices for one zoning application per councilmember applicant each calendar year. The planning department shall make reasonable efforts to combine public hearing written notices into one mailing to limit postage costs.”

Section 2. That Section 17.40.730 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by adding the following new subsection D.:

“D. The planning department shall have the responsibility for the preparation of public notice signs for amendments to the official zoning map initiated by a member or members that fall within the fee waiver exceptions in Section 17.40.740.C of the metropolitan code. The planning department shall also be responsible for all costs associated with the preparation of such signs for one zoning application per councilmember applicant each calendar year.”

Section 3. That Section 17.40.740 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting subsection C. in its entirety and substituting with the following new subsection C.:

C. Any rezoning request initiated by a member or members of council for the purpose of:
1. Rezoning the property from a greater intensity residential use to a lesser intensity residential use (i.e., an "R" district to an "RS" district);
2. Rezoning the property from an office, commercial, or industrial district to a residential or residential single-family district;
3. Applying the urban design overlay district, historic preservation district, neighborhood conservation district, or urban zoning overlay district, as provided in Chapter 17.36;
4. An amendment to or cancellation of a planned unit development (PUD) district after the planning commission has determined the PUD to be inactive in accordance with Section 17.40.120.H.; or
5. For any other rezoning request initiated by a member of council, provided that each member of council shall be entitled to no more than one such fee waiver per calendar year unless the rezoning request is consistent with subsections C.1 through C.4 of this section.

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: Davette Blalock

LEGISLATIVE HISTORY

Introduced: March 4, 2014
Passed First Reading: March 4, 2014
Referred to: Planning Commission
Planning & Zoning Committee
Passed Second Reading: April 1, 2014
Deferred: April 15, 2014
Substitute Introduced: May 6, 2014
Deferred to June 17, 2014: May 6, 2014
Passed Third Reading: June 17, 2014
Approved: June 18, 2014
By: mayor's signature
Effective: June 20, 2014

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.