SUBSTITUTE ORDINANCE NO. BL2014-776

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to create the Music City Cultural Heritage Overlay District, and to apply such Overlay District to approximately 16.06 acres of property located on Broadway, Second Avenue North, and Printer’s Alley, all of which is more particularly described herein (Proposal No. 2014Z-016TX-001).

Whereas, the Ryman Auditorium, just north of Broadway on Fifth Avenue North, built in 1892 for religious services, became a premier site for cultural events by the end of the nineteenth century; and

Whereas, the Grand Old Opry radio program, broadcast live from the stage of the Ryman, attracted new talent, millions of fans, and music-related businesses such as Ernest Tubb’s Record Shop and Tootsie’s Orchid Lounge to Broadway; and

Whereas, Elvis Presley, Loretta Lynn, Willie Nelson, Everly Brothers, Hank Williams and countless others saw their careers launched on the Ryman’s stage and on the Midnight Jamboree, broadcast from Ernest Tubb’s; and

Whereas, the Fisk Jubilee Singers, the Nashville Symphony, Roy Orbison, Bill Monroe, Jimi Hendrix, Little Richard, Jack White and the Kings of Leon demonstrate the rich diversity in Nashville's music history; and

Whereas, the unique concentration of music and entertainment-related businesses has expanded over time to include 2nd Avenue and Printer’s Alley; and

Whereas, the Nashville Convention and Visitors Corporation brands, sells and markets “Music City” to the world as the premier domestic and international destination for travelers who seek authentic and unique leisure and convention experiences; and

Whereas, the National Trust for Historic Preservation reports that studies have consistently shown that heritage travelers stay longer and spend more money than other kinds of travelers, and heritage tourism improves the quality of life for residents as well as serving visitors; and

Whereas, the Metro Council has adopted a historic preservation zoning overlay district for Broadway and Second Avenue for the purpose of preserving exterior architectural features and ensuring compatible new construction, and Printer’s Alley is located within an area designated on the National Register of Historic Places; and

Whereas, the 2009 Downtown Community Plan recognizes Broadway and Second Avenue as the historic and cultural heart of Nashville, a destination for residents and visitors, and offering a
variety of entertainment and dining options that has expanded over time to include Printer’s Alley; and
Whereas, the Nashville Downtown Partnership is implementing a comprehensive downtown retail shopping strategy that advocates a merchandizing mix plan by promoting a blend of unique and diverse commercial offerings for the general area and these specific streets; and

Whereas, the Nashville Area Chamber of Commerce reports that the music and entertainment industry provides a $10 billion impact on Nashville’s economy annually, creating and sustaining more than 56,000 jobs in the Nashville area and supporting more than $3.2 billion of labor income annually; and

Whereas, visitors from all over the world, aspiring musicians, and local people, attracted by the district’s authenticity, diversity and character, came to hear and perform live music; experience cultural events; buy musical instruments, western wear, and souvenirs; dine and to experience a unique environment; and

Whereas, it is anticipated that formula businesses will in the foreseeable future seek to locate and operate in the area to be covered by this overlay due to the surging popularity and vibrancy of the downtown experience, removing the unique and eclectic nature of the businesses found on these streets; and

Whereas, an over-abundance of formula use businesses can be counterproductive and detract from the authentic appeal of both the streetscape and the overall historic downtown experience unless the established tangible and intangible experience related to the heritage tourism and hospitality industry found on lower Broadway, 2nd Avenue and Printer’s Alley is preserved and protected for the economic vitality of all of Nashville.

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

Section 1. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.500 (Purpose and intent):
The Music City cultural heritage overlay district preserves, enhances and promotes the established cultural heritage and related hospitality industry of Broadway, 2nd Avenue and Printer’s Alley.

Section 2. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.510 (Overlay designation):

The Music City cultural heritage overlay district shall only apply to lots abutting Broadway between 1st Avenue and 5th Avenue, lots abutting 2nd Avenue North between Broadway and Church Street and lots abutting Printer’s Alley between Church Street and Bankers Alley, as of the effective date of this ordinance.

Section 3. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.520 (Permitted land uses):
A. The range of land uses permitted within a the Music City cultural heritage overlay district shall be those afforded by the underlying zoning district(s) as established by the zoning district land use table of Section 17.08.030.
B. Notwithstanding subsection “A” of this section, all permitted uses at street level that access Broadway, 2nd Avenue North, 1st Avenue North and Printer’s Alley, except residential and office uses, must contribute to the authentic appeal and cultural fabric of the district, as defined below:
1. Formula Uses shall not be permitted. For the purposes of this Section, formula use is defined as an establishment which, along with eleven or more other establishments, maintains two or more of the following features: a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, a trademark or a servicemark.
a. Trademark shall be defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
b. Servicemark shall be defined as word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
c. Decor shall be defined as the style of interior finishings, which may include but is not limited to, style of furniture, wallcoverings or permanent fixtures.
d. Color Scheme shall be defined as selection of colors used throughout, such as on the furnishings, permanent fixtures, and wallcoverings, or as used on the facade.
e. Facade shall be defined as the face or front of a building, including awnings, looking onto a street or an open space.
f. Uniform Apparel shall be defined as standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags) as well as standardized colors of clothing.
2. Notwithstanding subsection B.1 of this section, formula uses that are modified to meet the following conditions shall be permitted:
a. Original interior materials to the existing structure shall be preserved and exposed. Where original interior materials are not able to be preserved and exposed because of the condition of the materials, reproduction or complementary materials may be used.
b. Décor and color scheme are different from the other establishments that establish the formula use and complement the interior materials.
c. A final site plan application shall be submitted for review and approval by the planning commission in a manner consistent with the procedures of Section 17.40.170B.

Section 4. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows: By making applicable the provisions of a Music City Cultural Heritage Overlay District to various properties located along Broadway, Second Avenue North, and Printer’s Alley, (approximately 16.06acres), zoned DTC, being various Property Parcel Nos. as designated on Map 093 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the attached sketch, which is attached to and made a part of this ordinance as though copied herein.

Section 5. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Map 093 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 4 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 6. That this Ordinance shall take effect five (5) days from and 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: Erica Gilmore

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