ORDINANCE NO. BL2016-349

An ordinance amending section 17.40.720 of the Metropolitan Code of Laws pertaining to notice by mail for revision of design guidelines in historic overlays (Proposal Number 2016Z-017TX-001).

WHEREAS, the Metropolitan Zoning Code Section 17.40.720(A) provides that no public hearing shall be conducted unless, at least twenty-one days prior to the public hearing, the owner(s) of the subject property and all other property owners within the distances prescribed have been given written notice by mail of the time, date, and place of the public hearing; and,

WHEREAS, state law requires that design guidelines be based on the Secretary of Interior’s Standards; and,

WHEREAS, the design guidelines have the flexibility to allow the MHZC to make decisions on a property-by-property basis; and,

WHEREAS, the Metropolitan Historic Zoning Commission is currently required to give notice to all property owners within six hundred feet of an historic overlay to revise the existing design guidelines; and,

WHEREAS, the Metropolitan Historic Zoning Commission wishes to amend this section of the Metropolitan Code of Laws so that all property owners within one hundred and fifty feet of an historic overlay are provided written notice by mail of the time, date, and place of the public hearing when there is a revision of the existing design guidelines in historic overlays.

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

Section 1. The Metropolitan Code of Laws § 17.40.720 is hereby amended by adding a new section (B), and renumbering the existing sections in accordance with the new section as follows:

B. For the revision of existing design guidelines for historic overlays, property owners within one hundred and fifty feet shall be provided written notice.

Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Burkley Allen, Brett Withers

LEGISLATIVE HISTORY
Introduced:	August 2, 2016
Passed First Reading:	August 2, 2016
Referred to:	Planning Commission - Approved (6-0) Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	September 6, 2016
Passed Second Reading:	September 6, 2016
Passed Third Reading:	September 20, 2016
Approved:	September 21, 2016
By:
Effective:	September 30, 2016