ORDINANCE BL2017-938

An ordinance amending Section 17.20.120 of the Metropolitan Code of Laws, pertaining to sidewalks, to establish an exemption for religious institutions in the General Services District within prescribed settings (Proposal No. 2017Z-023TX-001).

WHEREAS, Section 17.20.120 of the Metropolitan Code of Laws was amended by Ordinance no. BL2016-493, approved April 19, 2017, which revised requirements for the installation of sidewalks and alternatives thereto; and

WHEREAS, it is fitting and proper that an exemption to the requirements of Section 17.20.120 be adopted in the General Services District for the benefit of religious institutions, as defined under section 17.04.060, within prescribed settings.

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

Section 1. Subsection 17.20.120.A is hereby amended by deleting the subsection in its entirety and replacing it with the following:

A. Applicability.

1. Multi-family or nonresidential redevelopment. 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 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 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.

3. In the General Services District, the provisions of this section shall not apply to religious institutions, as defined under section 17.04.060 of the Metropolitan Code of Laws, on properties that do not abut an existing sidewalk or planned sidewalk identified in the Priority Sidewalk Network in the Strategic Plan for Sidewalks and Bikeways.

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: Steve Glover