ORDINANCE NO. BL2014-878

An ordinance amending Chapter 17.16 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to “Community Education” siting (Proposal No. 2014Z-019TX-001).

WHEREAS, “Community Education” is defined in Section 17.04.060 of the Metro Zoning Code as elementary, middle, or high school instruction, as approved under state regulations;

WHEREAS, “Community Education” uses are required to have a minimum campus size based on school type and total enrollment capacity per Section 17.16.140 of the Metro Zoning Code;

WHEREAS, the federal, state and local education departments do not stipulate a minimum lot size for elementary, middle, or high schools;

WHEREAS, an evaluation of Metro Nashville Public School facilities revealed that many of Nashville’s public schools are located on lots that do not comply with current Metro Zoning Code campus size standards; and

WHEREAS, with limited acreage available in the urbanized area, the minimum campus size can be a barrier to developing new community education opportunities in locations where they are needed.

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

Section 1: Chapter 17.16 of the Metropolitan Code is hereby amended by amending Section 17.16.040.A.1 (Uses Permitted with Conditions: Educational Uses: Community Education) by deleting “1. Campus Size” in its entirety and inserting in its place “1. Campus Size” as follows:

1. Campus Size. Minimum campus size for elementary (grades K-8), middle (grades 5-9) and high (grades 7-12) schools shall be three acres. Public park space which abuts the school site may be calculated to meet the minimum campus size, provided the metropolitan board of parks and recreation approves the site for shared use.

Section 2: Chapter 17.16 of the Metropolitan Code is hereby amended by amending Section 17.16.040.A.5 (Uses Permitted with Conditions: Educational Uses: Community Education) by deleting “5. Reduced Lot Size” in its entirety and inserting in its place “5. Reduced Lot Size” as follows:

5. Reduced Lot Size. The board of zoning appeals may permit school facilities on smaller lot sizes than set forth above as a special exception provided indoor/outdoor interscholastic and intramural competitive sports and outdoor physical education facilities are not provided on the principal school site. Playgrounds and nature study grounds shall be permitted.

Section 3: Chapter 17.16 of the Metropolitan Code is hereby amended by amending Section 17.16.040.A. (Uses Permitted with Conditions: Educational Uses: Community Education) by inserting “7. Required school site dedications” as follows:

7. Required school site dedications. All required school site dedications shall follow the zoning requirements in effect at the time the dedication requirement was approved by the metropolitan council through the adoption of an amendment to the official zoning map, or the current requirements of Section 17.16.040, whichever is the least restrictive.

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: Walter Hunt, Fabian Bedne