THIRD SUBSTITUTE ORDINANCE NO. BL2016-493

An ordinance amending Chapters 17.04, 17.20 and 17.40 of the Metropolitan Code pertaining to sidewalks (Proposal No. 2016Z-024TX-001)

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

Section 1. Section 17.20.120 (Provision of sidewalks) is hereby amended by deleting the section in its entirety and replacing with the following:

Sidewalks are required to facilitate safe and convenient pedestrian movements for the residents, employees and/or patrons, and to reduce dependency on the automobile, thus reducing traffic congestion on the community's streets and protecting air quality. This article shall not decrease the allowable floor area ratio for development.

A. Applicability.

1. Multi-family or nonresidential redevelopment.  The All provisions of this section shall apply to the redevelopment of multi-family or nonresidential property when the property is located within the Urban Services District, or within a center designated in the general plan, or any of the property frontage is within a quarter mile of the boundary of a center designated in the general plan, or the property is on a street in the Major and Collector Street plan.  Properties on the opposite side of navigable waterways or controlled access highways from a center designated in the general plan are not subject to this provision. Redevelopment of multi-family or nonresidential property shall include one or more of the following:

a. Construction of a new structure on a vacant lot, including lots on which all structures have been or are planned to be demolished; or
b. The cost value of any one renovation equal to or greater than fifty percent of the assessed value of all structures on the lot, or the value of multiple renovations during any five-year period equal to or greater than seventy five percent of the assessed value of all structures on the lot; or
c. The cost value of any one expansion equal to or greater than twenty-five percent of the assessed value of all structures on the lot, or the value of multiple expansions during any five-year period equal to or greater than fifty percent of the assessed value of all structures on the lot; or
d. The total building square footage of any one expansion is equal to or greater than twenty-five percent of the total square footage of all structures on the lot, or the total building square footage of multiple expansions during any five-year period is equal to or greater than fifty percent of the total square footage of all structures on the lot.

2. Single-family or two-family construction. Single-family or two-family construction when the property is within the Urban Zoning Overlay, or within a center designated in the general plan, or any of the property frontage is within a quarter mile of the boundary of a center designated in the general plan, or the property is on a street in the Major and Collector Street plan in the Urban Services District. Properties on the opposite side of navigable waterways or controlled access highways from a center designated in the general plan are not subject to this provision.

   a. All provisions of Section 17.20.120 shall apply to the construction of a new single-family or attached or detached two-family structure(s).
   b. Dedication of Right-of-Way and Easements required by subsection E of this section shall apply to all single-family and two-family permits for an addition or any renovation with a cost equal to or greater than twenty-five percent of the assessed value of all structures on the lot.

B. On-Site Sidewalk Installation For Multi-Family and Nonresidential Development. A continuous, all-weather internal sidewalk network, constructed to a minimum width of five feet shall connect all pedestrian building entryways to parking areas and all public rights of way. Sidewalks shall be designed and constructed to be distinguishable from driving surfaces.

C. Public Sidewalk Installation. The provisions of this subsection apply to all property frontage, regardless of whether sidewalks are provided in public right-of-way or pedestrian easements.

1. Construction of new sidewalks is required along the entire property frontage under any one or more of the following conditions, unless the property abuts a sidewalk segment that the Department of Public Works has funded and scheduled for construction:

a. When there is eExisting sidewalk in need of repair or replacement.

b. To extend the existing sidewalk or sidewalk proposed by an adjacent abutting development.

c. Existing sidewalk present on the same block face.

d. Multi-family or nonresidential properties within the Urban Zoning Overlay.

e. Multi-family or nonresidential properties along a street in the Major and Collector Street Plan.

2. Sidewalk Design Standards.

a. Sidewalks dimensions and required elements shall comply with the Major and Collector Street Plan or, for a street not in the Major and Collector Street Plan, the adopted standards of the Metropolitan Government.   Design of sidewalks shall comply with approved Public Works’ standards.

b. Obstructions are prohibited within the required pedestrian travelway, but may be located within a grass strip/green zone or frontage zone. Prior to the issuance of use and occupancy permits, existing obstructions shall be relocated outside of the required pedestrian travelway.

D. Contribution to the fund for the pedestrian benefit zone as an alternative to sidewalk installation.

1. When a public sidewalk is required by subsection A, but installation is not required by subsection C of this section, the building permit applicant may make a financial contribution to the fund for the pedestrian benefit zone in lieu of construction.  The value of the contribution shall be the average linear foot sidewalk project cost, including new and repair projects, determined by July 1 of each year by the Department of Public Works' review of sidewalk projects contracted for or constructed by the Metropolitan Government.

   a. Multi-family or nonresidential development.  The value of the contribution shall be the average linear foot sidewalk project cost, excluding repair projects, determined by July 1 of each year by the Department of Public Works' review of sidewalk projects contracted for or constructed by the Metropolitan Government.
   b. Single-family or two-family construction.  The value of the contribution shall be the average linear foot sidewalk project cost, including repair projects, determined by July 1 of each year by the Department of Public Works' review of sidewalk projects contracted for or constructed by the Metropolitan Government.

2. Any such contributions received by the Metropolitan Government shall be assigned and designated for implementation of the Strategic Plan for Sidewalks and Bikeways, as approved by the Planning Commission. The applicant's payment shall be allocated within ten years of receipt of the payment within the same pedestrian benefit zone as the property to be developed; otherwise, the payment shall be refunded to the building permit applicant.
3. Contribution to the pedestrian network as an alternative to sidewalk installation required under this section shall be received by the Department of Public Works and written confirmation of the contribution sent to the Department of Codes Administration prior to the issuance of a building permit.

E. Dedication of Right-of-Way and Easements Required. Dedication of right-of-way and/or public pedestrian easement is required to permit present or future installation of a public sidewalk built to the current standards of the Metropolitan Government.  For pProperties abutting an existing sidewalk or planned sidewalk identified in the Priority Sidewalk Network in the Strategic Plan for Sidewalks and Bikeways, all driveways, walkways and other improvements within public right-of- way or pedestrian easement shall be designed and graded in accordance with Public Works’ design standards necessary to accommodate future sidewalk construction.

F. Improvements required or elected on public rights-of-way and/or public pedestrian easements under subsection C of this section shall be reviewed for compliance by the Department of Public Works. No building permit shall be issued by the Department of Codes Administration until the Department of Public Works has released the building permit. Prior to the Department of Codes Administration authorizing final use and occupancy, the Department of Public Works shall inspect and approve the sidewalk improvements in the public rights-of-way and/or public pedestrian easements.

Section 2. Section 17.20.125 (Right to appeal and seek variances) is hereby amended by deleting the section in its entirety and replacing with the following:

The provisions of Section 17.20.120 may be varied or interpretations appealed in conformance with Chapter 17.40, Administration and Procedures. The Board of Zoning Appeals may require a contribution to the pedestrian network, consistent with subsection DE of this section, an alternative sidewalk design, or other mitigation for the loss of the public improvement as a condition to a variance.

Section 3. Section 17.40.340 (Limits to jurisdiction) is hereby amended by deleting subsection B in its entirety and replacing with the following subsection B:

B. The board shall not grant variances within the following sections, tables, zoning districts, or overlay districts without first considering a recommendation from the Planning Commission.

Sections/Tables
Section 17.20.120 (Provision of sidewalks)
Section 17.28.103 (Underground utilities)

Zoning Districts
SP District

Overlay Districts
PUD
UDO
Institutional

Section 4. Section 17.04.060 (Definitions of General Terms) is hereby amended by adding the following definitions in alphabetical order:

“Pedestrian benefit zones” means the sixteen zones in which fees contributions in lieu of sidewalk construction may be collected, and where such fees contributions shall be spent for the safety and convenience of pedestrians. Pedestrian benefit zones are as follows:

Zone 1: Bounded by I-40 on the south; I-65 on the southeast; Cumberland River on the north; State Route 155 on the west. (North Nashville, Metro Center, Nations areas)

Zone 2: Bounded by Cumberland River and I-65 on the south; I-24 on the east; State Route 155 on the north and west. (Bordeaux area)

Zone 3: Bounded by Cumberland River on the south and east; State Route 155 on the north; I-24 on the east. (East Nashville, Parkwood areas)

Zone 4: Bounded by I-40 on the south; Stones River on the east; the Cumberland River on the north; I-24 on the west. (Spence Lane, Donelson areas)

Zone 5: Bounded by I-440, I-24, and State Route 155 on the south and east; I-40 on the north; I-65 on the west. (South Nashville, North Mill Creek areas)

Zone 6: Bounded by I-440 on the west and south; I-65 on the east; I-40 on the north. (Midtown area)

Zone 7: Bounded by the downtown interstate loop. (Downtown area)

Zone 8: Bounded by the county line on the south; I-65 on the east; I-440 and I-40 on the north; State Route 251, State Route 100, and Harpeth River on the west. (West Nashville, Green Hills areas)

Zone 9: Bounded by the county line on the west and south; Harpeth River, State Route 100, and State Route 251 on the east; I-40 on the north. (Bellevue, Pasquo, Harpeth River areas)

Zone 10: Bounded by I-40 on the south; State Route 155 on the east; Cumberland River on the north; county line on the west. (Newsom Station, Whites Bend, Cockrill Bend areas)

Zone 11: Bounded by Cumberland River and State Route 155 on the south; I-24 on the east and north; county line on the west. (Joelton, Beaman Park, Bells Bend areas)

Zone 12: Bounded by State Route 155 on the south; I-65 on the east; county line on the north; and I-24 on the west. (Paradise Ridge, Union Hill, Goodlettsville areas)

Zone 13: Bounded by State Route 155 and Cumberland River on the south and east; county line on the north; I-65 on the west. (Madison, Neelys Bend, Rivergate areas)

Zone 14: Bounded by I-40 on the south; county line on the east; Old Hickory Lake and Cumberland River on the north and west; Stones River on the southwest. (Old Hickory, Lakewood, Hermitage areas)

Zone 15: Bounded by I-24 on the southwest; county line on the south and east; I-40 on the north; State Route 155 on the northwest. (Antioch, Priest Lake areas)

Zone 16: Bounded by county line on the south; I-24 on the east; I-440 on the north; I-65 on the west. (Grassmere, Southeast Nashville, Cane Ridge areas)

“Sidewalk” means all Streetside Elements included in the Major and Collector Street Plan and Streetside Elements for local streets required by other standards of the Metropolitan Government located within the public right-of-way or a pedestrian easement.

“Sidewalk, On-site” means pedestrian facilities located outside of the public right-of-way.

Section 5. Section 17.20.060 (Parking area design standards) is hereby amended by deleting subsection H in its entirety and replacing with the following:

H.  Curbs. Curbs or other equivalent means shall be provided to prevent any vehicle using a parking area from encroaching on any public right-of-way, on-site sidewalk, required landscaping area or adjacent property.

Section 6. Be it further enacted, that this ordinance take effect July 1, 2017, 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: Angie Henderson, Freddie O'Connell, Russ Pulley, Jeremy Elrod, Burkley Allen, Brett Withers, Kathleen Murphy, Bob Mendes, Erica Gilmore, Karen Johnson, Sharon Hurt, Anthony Davis, Kevin Rhoten, Jeff Syracuse, Colby Sledge, Nancy VanReece, Nick Leonardo, Brenda Haywood, John Cooper, Jim Shulman, Tanaka Vercher, Mina Johnson, Fabian Bedne, Mary Carolyn Roberts, Dave Rosenberg, Holly Huezo, Ed Kindall, Sheri Weiner, Jacobia Dowell, Michael Freeman, Doug Pardue, Davette Blalock, Jason Potts, Bill Pridemore, Robert Swope, Scott Davis, DeCosta Hastings, Larry Hagar

LEGISLATIVE HISTORY
Introduced:	November 15, 2016
Substitute Introduced:	November 15, 2016
Passed First Reading:	November 15, 2016
Referred to:	Planning Commission - Approved with Third Substitute (8-0) Public Works Committee Planning, Zoning, & Historical Committee
Deferred to February 7, 2017:	January 3, 2017
Deferred to March 7, 2017:	February 7, 2017
Second Substitute Introduced:	March 7, 2017
Public Hearing Scheduled For:	April 4, 2017
Passed Second Reading:	April 4, 2017
Third Substitute Introduced:	April 18, 2017
Passed Third Reading:	April 18, 2017
Approved:	April 19, 2017
By:
Effective:	April 21, 2017