ADOPTED 06/01/1999

SUBSTITUTE RESOLUTION NO. SR99-1548

A substitute resolution authorizing the Metropolitan Board of Zoning Appeals to consider the criminal background of applicants for all child care centers and all day care homes permitted as a special exception.

WHEREAS, Tennessee Code Annotated Section 71-3-504 (a) (4) provides that in determining the site of a request for any use of property for the establishment of or alteration of any child welfare agency, the zoning authority may consider the criminal background of the person or persons making the request, and may consider the criminal background of any person or persons who may operate such child welfare agency, provided that the cost of obtaining such criminal background information be borne by the zoning authority; and

WHEREAS, Tennessee Code Annotated Section 71-3-504 (a) (4) further provides that the authority stated above shall not be effective unless adopted by resolution with a two-thirds vote of the local legislative body; and

WHEREAS, it is fitting and proper that authority be granted to the Metropolitan Board of Zoning Appeals to provide for the public health, safety and welfare of the Metropolitan Government of Nashville and Davidson County and its residents.

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

SECTION 1. That the provisions of Tennessee Code Annotated Section 71-3-504 (a) (4) are hereby approved provided that no applicant shall be responsible for any costs associated in obtaining criminal background information with such costs being the responsibility of the Metropolitan Board of Zoning Appeals or the Metropolitan Board of Zoning Appeals, Department of Codes Administration and/or the Metropolitan Planning Commission.

SECTION 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to the Zoning Administrator and to the members of the Metropolitan Board of Zoning Appeals.

SECTION 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charles French

LEGISLATIVE HISTORY
Referred to:	Codes Committee
Substitute Introduced:	June 1, 1999
Adopted:	June 1, 1999
Approved:	June 2, 1999
By: