ORDINANCE NO. BL2015-1010

An Ordinance amending Substitute Ordinance No. BL2014-908 (the “Ordinance”) to grandfather title loan, cash advance, check cashing, and pawn shop establishments from the application of the Ordinance’s requirements if they had applied for a building permit or zoning certificate prior to the introduction of the Ordinance, but were subsequently denied such building permit or zoning certificate as a result of pendency of the Ordinance (Proposal No. 2014Z-020TX-002).

WHEREAS, the Tennessee Supreme Court recently opined in Phillips v. Montgomery County, 442 S.W. 3d 233 (Tenn. 2014) that a regulatory taking should be recognized under the Tennessee Constitution as a compensable taking; and

WHEREAS, there are several businesses in Davidson County who are being negatively impacted by the passage of Substitute Ordinance No. BL2014-908 (the “Ordinance”) because they will not be able to legally operate, even though they relied on the zoning and executed a validly operating lease before the introduction and passage the Ordinance; and

WHEREAS, similar to the rationale in Ordinance No. BL2014-770, as amended, pertaining to the restrictions on two-family dwellings, it is necessary and appropriate to provide some limited relief to those businesses that are suffering direct economic harm by the application of the Ordinance.

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

Section 1. That Substitute Ordinance No. BL2014-908 is hereby amended by renumbering the existing Section 6 as Section 7, and by adding the following provisions as Section 6:
“Section 6. The provisions of this Ordinance shall not apply to those businesses who owned property or executed a lease to operate a title loan, cash advance, check cashing or pawn shop prior to the introduction of this Ordinance but who were subsequently denied a building permit or a zoning certificate by the Metropolitan Codes Department as a result of the pendency of this Ordinance, shall be exempt from the new zoning restrictions enacted by this Ordinance.”

Section 2. This exemption shall be narrowly construed, and the burden of establishing that a business qualifies for the exemption shall be placed on the applicant for a building permit or a zoning certificate.

Section 3. The Metropolitan Zoning Administrator shall be tasked with issuing these exemptions, as an interpretation of the Zoning Code, and they may only be issued within 90 days from the enactment of this Ordinance amending Substitute Ordinance No. BL2014-908.

Section 4. Be it further enacted that this Ordinance shall 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: Jason Holleman