ORDINANCE NO. BL2015-1255

An ordinance to add Section 17.12.120 of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to permit the transfer of development rights from historic properties in Metropolitan Nashville as "sending" sites to designated "receiving" sites, which is more particularly described herein (Proposal No 2015Z-015TX-001).

WHEREAS, in 2001, the State of Tennessee promulgated law enabling individual counties and municipalities to permit the transfer of development rights to achieve land use goals, as per Tennessee Code Annotated Sections 13-7-101 and 13-7-201.

WHEREAS, the transfer of development rights can relieve development pressure from areas intended to be low intensity while allowing property owners in the areas intended to be low intensity to realize the value of their development entitlements by permitting these property owners to donate or sell the value of undeveloped development rights.

WHEREAS, the Metropolitan Nashville Davidson County has numerous properties which have been designated historically significant or eligible for the National Historic Register by the Metropolitan Historical Commission.

WHEREAS, the transfer of development rights pursuant to sound community planning standards is hereby declared to be in accordance with the health, safety and welfare of Nashville/Davidson County because it furthers the protection of historic and culturally-relevant structures and districts at a time when this objective is made urgent by development pressures upon these structures and districts.

WHEREAS, the original ordinance defining Transfer of Development rights, which was written in 2007, focused solely on Downtown Nashville as it was facing significant development pressure and now many of sectors of Nashville are facing similar pressure.

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

SECTION 1. By amending Chapter 17.12 of the Metropolitan Zoning Code, "District Bulk Regulations" by adding Section 17.12.120 titled "Transfer of Development Rights" as follows:

A. Transfer of Development Rights for Historic Properties and Sites.

1. Purpose. The transfer of development rights provisions established by this section are intended to protect historic and culturally-relevant structures and sites, while allowing owners of these structures and sites to realize the value of their under-utilized development entitlements. This is accomplished by permitting property owners in "sending sites", defined in this section, to transfer, through sale or donation, all or part of the property's unused development rights (undeveloped square footage) to a "receiving site" as defined in this section, which is an area intended for higher-intensity development. The transfer of development rights provisions are established pursuant to the authority contained in Sections 13-7-101 and 13-7-201 of the Tennessee Code Annotated.

2. Definitions and Regulations. Transfer of development rights between sites is allowed as follows:

a. Transferrable Development Rights. The development rights available for transfer are the rights for the undeveloped square footage on the property under the base zoning.

b. Sending Sites. Properties outside of the DTC that meet the following standards may transfer development rights:

i. Identified by the Metro Historical Commission to be listed in the National Register of Historic Places (NR), eligible for listing in the National Register (NRE), or to be a Contributing property within a local historic overlay; and

ii. The historic property is well-preserved:

(1) presently demonstrates excellent preservation of the essential features that enable it to convey its historical identity and significance; and
(2) is in an overall good condition or the Metro Historical Commission has approved a preservation, restoration and/or rehabilitation plan based on the Secretary of Interior Standards established to restore the historic property to an overall good condition and provide for the excellent preservation of the essential features that enable it to convey its historical identity and significance.

c. Receiving Sites.

i. Location. Any property within the urban services district having frontage on an arterial street or collector street as shown on the adopted Major Street Plan or as otherwise approved by special exception in appropriate policy areas, as determined by the Planning Department.

d. Transfer Procedure. The procedure for a transfer of development rights must meet the following criteria:

i. Application. The owners of the sending site and the receiving site shall file an application for transfer of development rights with the Department of Codes Administration. The application shall be on a form provided by, and available from, the Department of Codes Administration and shall be a joint application for both the sending site and the receiving site. A fee may be assessed with the application.

ii. Recording the Transfer of Development Rights. The conveyances of development rights from the sending site to the receiving site shall be in writing in an instrument that shall be signed by the owners of the sending site and the receiving site and shall be submitted to the Department of Codes Administration to ensure that the transfer of development rights meets all of the requirements of this section. Once it is determined that the transfer of development rights meets the requirements of this section, the Department of Codes Administration shall approve the application and such approval shall be entered in writing on the document by the director or by a designee of the Department of Codes Administration. At that point, the instrument shall be recorded in the office of the register of deeds. This instrument shall include the total square footage permitted on the sending site and the receiving site by the base zoning, square footage transferred from the sending site, and the or square footage of development that remains for the sending site. Once the instrument is recorded, the sending site shall forfeit any future claim for additional floor area ratio, square footage or other opportunity for increased intensity of development. The transferred development rights shall be noted on any future plat(s), deed(s) or other relevant instruments.

3. Other Development Standards. For receiving sites, the transferred development rights shall be in addition to those currently permitted by the receiving site's base zoning district. All other applicable development standards, including, but not limited to, building heights, sky exposure planes, and building setbacks shall continue to apply to both the sending site and the receiving site The assessment of whether the transferred development rights can be accommodated within the receiving site's existing applicable development standards is the responsibility of the owners of the receiving sites.

4. Conflict with Provisions of Zoning Code. If there is a conflict between the development rights considered in this section and any other part of the Zoning Code, these provisions shall prevail.

SECTION 2. 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