The zoning administrator is granted the following authority and responsibilities by this title except as otherwise provided in the Metropolitan Code:

A.

Interpretation and Administration. The zoning administrator shall interpret and administer the provisions of this Zoning Code;

B.

Application Processing and Review. The zoning administrator shall process and review applications for all zoning permits and selected final site plans to insure compliance with the provisions of this title and with approvals granted by other departments, commissions and/or boards, as applicable;

C.

Zoning Permits and Certificates of Compliance. The zoning administrator is authorized to issue zoning permits and to certify zoning compliance by the issuance of a certificate of compliance;

D.

Enforcement of this Title. The zoning administrator shall enforce the provisions of this title;

E.

Information and Advisement. The zoning administrator is responsible for informing and advising the general public regarding the provisions of this title;

F.

Recordkeeping. The zoning administrator shall maintain current and permanent records relative to the adoption, amendment, administration and enforcement of this Zoning Code; and

G.

Right of Entry Upon Land. The zoning administrator is authorized to enter upon any land within the jurisdiction of this title in fulfillment of all associated responsibilities and duties.

H.

Construction, Application and Enforcement Consistent with Federal Law. The provisions of this title shall in every instance be construed, applied and enforced in a manner consistent with applicable federal law, including without limitation the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.; the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 et seq.; and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc et seq. Notwithstanding any other provision of this title to the contrary, the zoning administrator shall make reasonable accommodations in the provisions of this chapter and the rules, policies and practices of his office so that rights established or recognized under RLUIPA are protected and handicapped or disabled persons, or providers of housing for handicapped or disabled persons, are not discriminated against and are afforded an equal opportunity to use and enjoy dwellings. Before approving or denying a request for a reasonable accommodation under this chapter, the zoning administrator shall consult with the department of law and consider advice offered by any other metropolitan department having relevant jurisdiction or duties under the Metropolitan Charter or Code of Laws with respect to the request and any conditions that may be necessary to protect public health and safety.

I.

Procedure for Obtaining Reasonable Accommodation.

1.

For purposes of this section "person" shall mean an individual, group or institution. Any person who has a handicap or disability recognized by federal law, provides housing for such a person or whose religious exercise is burdened by a provision of this title, or a representative of any such person, may request in writing a reasonable accommodation as contemplated in this section. The right to request a reasonable accommodation shall be prominently displayed in the public area under the supervision of the zoning administrator and on the publicly accessible portion of any Internet website maintained by the metropolitan government and devoted to local codes enforcement and zoning matters. The zoning administrator shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this paragraph and issue a determination within thirty days of the request being made. The zoning administrator's decision shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. In addition, written notice of the zoning administrator's decision to grant or deny a reasonable accommodation shall be given to the council member whose district contains the parcel containing the reasonable accommodation and be mailed to all property owners within one thousand feet of the subject property within five business days of the zoning administrator's decision, and such notice must include information about the reasonable accommodation and the procedures to file a notice of appeal. Any appeal brought under this subsection must be in writing and filed with the board of zoning appeals not more than thirty days after issuance of the zoning administrator's decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the zoning administrator or the board of zoning appeals shall be kept on file for not less than three years from the date of final decision and available for public inspection upon reasonable notice.

2.

The preceding paragraph shall not affect the existing procedures for initially requesting a demolition permit to demolish a structure listed or eligible for listing on the National Register of Historic Places or a structure meeting the criteria of T.C.A. § 7-51-1201 or structure within an historic overlay district. The procedures under Sections 16.28.190 and 17.40.410 shall continue to control the demolition of these historic structures except that the executive director of the historical commission and the historical commission shall make reasonable accommodations in the rules, policies, and practices of their offices concerning the demolition of historic structures so that handicapped or disabled persons or a provider of housing for a handicapped or disabled person are not discriminated against. They shall make, and document in writing, specific findings of fact in support of every decision to grant or deny an accommodation sought under this section. Their decisions shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal by any person or entity aggrieved by the decision. Any appeal brought under this paragraph must be in writing and filed with the board of zoning appeals not more than thirty days after issuance of the their decision. Documents comprising the record of any determination made with respect to the grant or denial of a request for an accommodation by the executive director of the historical commission or the historical commission shall be kept on file for not less than three years from the date of final decision and available for public inspection upon reasonable notice.

3.

The department of law shall advise the zoning administrator, the executive director of the historical commission, the historical commission and the board of zoning appeals concerning their duty to make reasonable accommodations for handicapped or disabled persons.

(Ord. BL2023-138 § 1, 2024; Ord. BL2022-1473 § 1, 2022; Ord. BL2022-1088 § 4, 2022; Ord. BL2012-313 §§ 1, 2, 2012; Ord. BL2008-333 § 1, 2009; Amdt. 3 with Ord. BL2000-364 § 1 (part), 2000; Ord. 96-555 § 10.1(A), 1997)

The zoning administrator is authorized by this title to provide support services to the board of zoning appeals and shall enforce all actions of that board.

(Ord. 96-555 § 10.1(B), 1997)

The boundaries of zoning and overlay districts established by this title shall be depicted on the official zoning map of the Metropolitan Government of Nashville and Davidson County which is incorporated into the provisions of this title. The official zoning map shall be maintained by the metropolitan clerk. The metropolitan planning commission shall assist the metropolitan clerk in maintaining and updating the official zoning map.

(Ord. 96-555 § 10.2(A), 1997)

A.

Zoning district boundaries depicted on the official zoning map shall be interpreted as follows:

1.

Centerlines. Unless specified otherwise by the amending ordinance, district boundaries aligned along streets, alleys, controlled access highways, railroads, watercourses, or pronounced topographic features shall be interpreted to fall along the centerlines of those features.

2.

Lot or Deed Property Lines. District boundaries indicated on the official zoning map as approximately following platted lot lines or deeded property lines shall be interpreted as being coincident with those lines.

3.

Uncertainties. In a case of uncertainty, the location of a district boundary shall be determined by the zoning administrator, subject to appeal to the board of zoning appeals.

B.

Overlay district boundaries depicted on the official zoning map shall be interpreted as follows:

1.

Overlay District Lines. Unless specified otherwise by the amending ordinance, overlay district boundaries indicated on the official zoning map that approximately follow zoning district lines shall be interpreted as being coincident with those zoning district lines.

2.

Administrative Mapping Errors. Where it is determined that due to an administrative error, the official zoning map either depicts an overlay district boundary which encompasses property that was never intended to be included within the overlay district boundary or fails to depict property which was intended to be included within an overlay district boundary, and such determination is supported by official documentation, the planning commission shall modify the official zoning map for the metro clerk to accurately reflect the proper overlay district boundary.

(Ord. 99-1756 §§ 1, 2, 1999; Ord. 96-555 § 10.2(B), 1997)

The metropolitan council may amend the text of this Zoning Code or the official zoning map in accordance with the following provisions.

(Ord. 96-555 § 10.3(A), 1997)

As an incentive to encourage developers and property owners to meet the affordable and workforce housing goals set forth in this title, all proposed residential development that seeks to increase development entitlements beyond that permitted by the current base zoning district shall comply with Section 17.40.780 (inclusionary housing).

(Ord. BL2016-133 § 4, 2016)

A.

An application to amend the official zoning map to apply a planned unit development or urban design overlay district shall be filed with the metropolitan planning commission. All other applications to amend the official zoning map or these zoning regulations shall be filed either with the planning commission or the metropolitan clerk. An application may be initiated by the property owner, the metropolitan planning commission, or a member of the metropolitan council. All applications to amend the official zoning map filed with the metropolitan clerk shall be immediately forwarded to the planning commission and a copy sent to the metropolitan council office. No application initiated by a property owner or an agent of the property owner to amend the official zoning map or to apply a planned unit development, a neighborhood design overlay, or an urban design overlay to the property shall be accepted by the metropolitan planning commission or the metropolitan clerk if the metropolitan government has a valid lien on the property and/or if the property owner is delinquent in the payment of property taxes.

B.

An application to amend the official zoning map of property owned by the metropolitan government may be initiated only by the mayor, the head of the department or agency to which the property is assigned, the director of public property administration, or the district member(s) of the metropolitan council representing the council district(s) where the property is located. If the application is initiated by the district council member, it must be accompanied by a preliminary report from the department or agency to which the property is assigned; and if such application is made on behalf of any board or commission, the application must first be authorized by a resolution of the board or commission.

(Ord. BL2021-722 § 1, 2021; Ord. BL2005-713 § 1, 2005; Ord. BL2004-489 § 1, 2005; Amdt. 1 with Ord. BL2000-362 § 1, 2000)

The planning commission shall review and make recommendations to the metropolitan council on proposed amendments to this Zoning Code and the official zoning map as provided in Section 18.02 of the Metropolitan Government Charter. A recommendation by the planning commission shall become null and void after a period of two years, unless superseded earlier by a subsequent recommendation. In its recommendation to the council, the planning commission shall provide an assessment of what effects a proposed zone change could have on the public school system and any street expected to carry twenty-five percent or more of the projected traffic in either the a.m. or p.m. peaks.

(Ord. 96-555 § 10.3(C), 1997)

All ordinances to amend the official zoning map or the Zoning Code shall be submitted to the metropolitan department of law for review at the time they are filed with the metropolitan clerk. The director of the department of law shall, no later than ten days prior to the date such ordinance is initially set for third reading before the metropolitan council, provide to each member of the metropolitan council and to the director of the council office an opinion as to whether or not the enactment of such ordinance may expose the metropolitan government to any liability for violation of federal, state or local law.

(Amdt. 1 to Ord. BL2008-245 § 1, 2008; Ord. BL2008-245 § 1, 2008)

Enactment of an amendatory ordinance shall become effective in a manner consistent with the Metro Charter. Material testimony and evidence offered at public hearing may be considered by the council in its deliberations. Upon enactment of an amendment to this title, a notice of such shall be published in a newspaper of general circulation in Metropolitan Nashville and Davidson County within five days following such enactment announcing the new zoning classification and property affected. The change shall become effective on the date of announcement.

(Ord. 98-1268 § 1 (part), 1998; § 4(1) of Amdt. 1 with Ord. 96-555 § 10.3(D), 1997)

Upon enactment of an amendment to the official zoning map, the planning commission shall modify the map for the metro clerk accordingly, noting the amendatory ordinance number.

(Ord. 96-555 § 10.3(E), 1997)

A reapplication for the same or substantially same amendment to the official zoning map previously disapproved by the council shall not be accepted by the planning commission nor the metro clerk for a period of one year following council's last action. The council may reinitiate a rezoning bill at any time, however.

(Ord. 96-555 § 10.3(F), 1997)

The specific plan (SP) district is an alternative zoning process that may permit any land uses, mixture of land uses, and alternative development standards, of an individual property or larger area, to achieve consistency with the general plan. In return, a SP district requires the specific plan to be designed such that, at a minimum, the location, integration and arrangement of land uses, buildings, structures, utilities, access, transit, parking, and streets collectively avoid monotony, promote variety, and yield a context sensitive development. The specific plan cannot vary Section 17.40.055 (inclusionary housing incentive) and must comply with the building, fire and life safety codes adopted by the metropolitan government.

(Ord. BL2016-133 § 5, 2016; Ord. BL2013-516 § 1, 2013; Amdt. 1 to Ord. BL2005-762, 2005; Ord. BL2005-762 § 7, 2005)

A.

Pre-application Conference. Prior to the submittal of a rezoning application for the SP district, applicants are encouraged to meet with the executive director of the planning department or designee for guidance on the proposed development plan and its consistency with the principles and objectives of the general plan.

B.

Application Submittal. An application shall be submitted by the property owner, the metropolitan planning commission, or a member of the metropolitan council and shall be accompanied by a development plan in a form and content established by the planning commission, along with all applicable processing fees. The development plan shall consist of written text, exhibits, and plans in a report format that describes existing conditions, the purpose and intent of the SP, the plan's consistency with the principles and objectives of the general plan, a list of allowable land uses, height and size of proposed building types, and development standards and a conceptual site plan, regulatory plan, or site-specific plan for the development. All items must be submitted, at the time of application, for the rezoning application to be deemed complete for review. Any omission of a required submittal item shall be identified, and its reason for omission explained in the development plan, including any application submittal waivers granted by the executive director of the planning department or designee.

C.

Metropolitan Development and Housing Agency (MDHA) and/or Metro Historic Zoning Commission Action.

1.

Any existing or proposed SP district located in whole or in part within a redevelopment district or a historic overlay district shall first be referred to and reviewed by MDHA and/or the metropolitan historic zoning commission for conformance with the relevant plan or guidelines. Any existing or proposed property for SP district which is, in whole or in part, listed on the National Register of Historic Places, identified as eligible for the National Register of Historic Places, or identified as worthy of conservation shall first be referred to and reviewed by the metropolitan historic zoning commission staff to determine the effects of the proposed SP district on the historic properties. Each agency shall provide a written recommendation to the planning commission on any aspects of the proposed SP district that would be in conflict with the adopted requirements, guidelines, or standards. Adoption of a SP district shall not relieve any property owner from full compliance with the adopted regulations and guidelines of the applicable redevelopment or historic overlay guidelines. Within a SP district, all development shall be consistent with the requirements of the SP district as well as any adopted redevelopment or historical overlay district, whichever is more restrictive.

2.

Any existing or proposed SP district which includes existing or proposed property for SP district which is, in whole or in part, (i) listed on the National Register of Historic Places or (ii) identified as eligible for the National Register of Historic Places shall first be referred to and reviewed by the metropolitan historical commission staff to determine the effects of the proposed SP district on any historic properties. The MHC shall provide a written report to the metropolitan council regarding the effects of the proposed SP district on the historic properties.

D.

Metro Planning Commission Action. The planning commission shall review a proposed SP district application for conformance and consistency with the development plan's stated purpose and intent and the principles and objectives of the general plan. The planning commission shall act to provide a recommendation on the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

E.

Council Consideration. The metropolitan council shall consider an ordinance establishing a SP district and its associated development plan according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map).

F.

Changes to a SP District. An application to modify a SP district, in whole or in part, shall be filed with, and considered by, the planning commission according to the provisions of this section. The metropolitan council shall approve any proposed change in the geographic boundary of a SP district, the modification of specific performance criteria, development standards, land uses, development types or other requirements as shown, described, illustrated, identified, or noted on the last council-approved development plan. These changes shall be considered by the metropolitan council according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map). That portion of a SP plan being amended by the metropolitan council shall adhere to all provisions of this code.

G.

Final Site Plan. All final site plans shall conform to the SP development plan, and shall be submitted in conformance with Section 17.40.170.B. of this title. Approval shall be based on a finding that the final site plan conforms to the approved development plan. Where the development plan approved by the metropolitan council is of such detail for a specific land use, phase, or area of development that the submittal of a final site plan would essentially duplicate the applicable portion of the approved development plan, the executive director of the planning department or designee may waive the submittal of a final site plan. In such cases, an applicant shall proceed to the Codes Department and apply for all required construction permits.

H.

Development Approvals and Permits. Approval of a SP district does not relieve a property owner of any subdivision plat, final site plan, building permit, or other metro department reviews and approvals. Except as specifically provided for in the individual SP ordinance, all development shall be undertaken in conformance with adopted departmental rules and procedures. Where specific amendments to departmental rules and procedures have been included in the adopted SP ordinance, all reviews and permits shall only be issued in conformance with the provisions of the approved SP development plan; however, no rule or procedure amendment shall be implemented if it would vacate or violate any federal or state requirement and all applications must fully comply with Chapter 15.64, "An Ordinance for Stormwater Management" as well as the adopted subdivision regulations.

I.

Review of a Development Plan.

1.

Authorization to Review. The metropolitan planning commission is authorized to review any SP, or portion thereof, to determine whether development activity has occurred within four years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with subsection 4.a. of this section, to recommend legislation to the council to re-approve or amend the SP or rezone the property.

2.

Initiation. Review of a SP or portion thereof to determine inactivity may be initiated by the metropolitan planning commission

a.

On its own initiative,

b.

By written request of a member of the metropolitan council, or

c.

By written request of a property owner within the area of the SP requested for review.

d.

Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the SP is located, to the zoning administrator, and to the owner(s) of property in the portion of the SP to be reviewed.

3.

Metropolitan Planning Commission Procedure. Within ninety days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the SP or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve or amend the SP or rezone the property.

a.

Determination of Inactivity. To determine that a SP or portion thereof is inactive, the planning commission shall establish each of the findings below. The planning commission may also take into consideration the aggregate of actions, if any, taken within the prior twelve months to develop the portion of the SP under review.

i.

Four or more years have elapsed since the latter of:

(1)

The effective date of the initial enacting ordinance of the SP,

(2)

The effective date of any ordinance approving an amendment to the SP,

(3)

The effective date of any ordinance re-approving or amending a SP after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or

(4)

The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and

ii.

Construction has not begun on the portion of the SP under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the SP under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and

iii.

Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the SP approval.

b.

Recommendation to Metropolitan Council. If the planning commission determines that the SP or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve or amend the SP or rezone the property, or portion thereof that is determined to be inactive. In recommending legislation, the planning commission shall:

i.

Determine whether the existing SP is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the metropolitan government.

ii.

Recommend legislation to re-approve or amend the SP or rezone the property, including as required:

(1)

The appropriateness of the continued implementation of the development plan or phase(s) as adopted, based on current conditions and circumstances; and

(2)

Any recommendation to amend the development plan or individual phase(s) to properly reflect existing conditions and circumstances, and the appropriate base zoning classification(s) should the SP district be removed, in whole or in part, from the property.

c.

When Inactivity is Not Established. If the planning commission determines that the SP or portion thereof under review does not meet the criteria of Section 17.40.106.I.3.a. for inactivity, the SP review is concluded, the limitations of subsection 5. are terminated, and a re-review of the SP shall not be initiated in the manner of subsection 2. of this section for twelve months following the commission's determination.

4.

Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:

a.

Re-approve the existing SP,

b.

Amend the SP, or

c.

Rezone the property.

d.

Decline to take action by ordinance. If the metropolitan council does not act to re-approve or amend the SP or rezone the property within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the development plan last approved by the metropolitan council, or subsequently revised by the planning commission.

5.

No specific plan application, grading permit, nor any building permit for new building construction shall be submitted, reviewed or issued within the SP or portion thereof for which a review has been initiated until the earlier of:

a.

The metropolitan council's final action to re-approve or amend the SP or rezone the property, or

b.

Six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.

(Ord. BL2019-1636 § 1, 2019; Ord. BL2016-266 §§ 2, 3, 2016; Amdt. 1 to Ord. BL2013-516 §§ 3, 6, 2013; Ord. BL2013-516 §§ 2—6, 2013; Amdt. 1 to Ord. BL2005-762, 2005; Ord. BL2005-762 § 7, 2005)

All overlay districts established by this title shall be made a part of the official zoning map in accordance with the procedures of Article III of this chapter. The following provisions shall apply to the administration of those overlay districts.

(Ord. 96-555 § 10.4(A), 1997)

The following provisions apply to all planned unit development (PUD) districts. No zoning permits shall be issued within a PUD district prior to approval of a master development plan according to the procedures of this article and a final site plan according to the procedures of Article V of this chapter.

A.

Master Development Plan. The development and use of all land within a planned unit development (PUD) district shall be in keeping with an approved master development plan and the applicable provisions of its associated zoning district(s).

1.

Application Requirements. A master development plan application shall be submitted by the landowner (or an authorized agent) in form and content established by the planning commission, along with a processing fee assessed according to schedules adopted by the planning commission. Within five business days from receiving a master development plan application, the planning commission shall send written notice to the district councilmember for the district(s) in which the property that would be subject to the master development plan is located as to the substance of the proposed development. The development concept of all land areas encompassed by a proposed master development plan shall be adequately described on scaled drawings and in associated reports. Applications shall define the general form and scope of proposed development in sufficient detail to demonstrate compliance with all development and performance standards of Chapter 17.36, Article II. At a minimum, the master development plan application shall adequately describe:

a.

All land area to be encompassed by the planned unit development district and its associated master development plan;

b.

The general orientation and size of principal structures and associated parking areas; development approaches to be employed to comply with Chapter 15.64, "An Ordinance for Storm Water Management"; landscape and buffer areas required by Chapter 17.24; the location, size and general treatment of environmentally sensitive areas as defined by Chapter 17.28; the general location and size of existing and proposed water mains and sewer trunk lines required to service the development; and general traffic routes (external and internal) to and from the development with major access points identified;

c.

Tabular data sufficient to demonstrate compliance with all applicable provisions of this title, including the range and scope of proposed land uses, densities, floor area ratios or impervious surface ratios as applicable to development type; and land areas devoted to each type of general land use and phase of development;

d.

A proposed development schedule if the project is to be phased; and

e.

A traffic impact study if required by Section 17.20.140; identification of new streets and proposed improvements to existing streets, off-site utility systems or the drainage network considered necessary to support the proposed scope of development, with intended assignments of responsibility for providing those improvements.

2.

Incomplete Applications. If the planning department determines that the application fails to satisfy the minimum requirements of an adopted submittal checklist, the applicant shall be notified in writing within ten working days that the application has been rejected, with the notification stating the reason(s) for rejection.

3.

Written Report. The staff of the planning commission shall review all applications and submit a written report to the planning commission to serve as a basis for action. The report shall adequately describe the location, nature and scope of the proposed master development plan, and the manner in which the plan demonstrates conformance with the development and performance standards of Chapter 17.36, Article II and other applicable provisions of this title.

4.

Planning Commission Action. The planning commission shall act to approve, conditionally approve, or disapprove a complete application. In its recommendation to the council, the planning commission shall provide an assessment of what effects a proposed planned unit development could have on the public school system and any street expected to carry twenty-five percent or more of the projected traffic in either the a.m. or p.m. peaks. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the property owner, the metro clerk, the zoning administrator and all other appropriate governmental departments.

a.

Approval. Approval of a PUD master development plan shall be based on findings that the performance standards of Chapter 17.36, Article II and all other applicable provisions of this title have been satisfied.

b.

Conditional Approval. If the planning commission approves a master development plan subject to conditions, all conditions shall be transmitted in writing to the applicant. The application will not be considered approved until the applicant concurs with all conditions in writing and provides all prescribed amendments to the application.

c.

Disapproval. If the planning commission acts to disapprove a master development plan application, the reasons for that disapproval shall be stated in writing and transmitted to the applicant.

5.

Council Consideration. The metropolitan council shall consider an ordinance establishing a planned unit development (PUD) district and its associated preliminary master development plan according to the procedures of Article III of this chapter (Amendments). Testimony and evidence material to the standards of Chapter 17.36, Article II may be considered by the council in its deliberations.

6.

Recording PUD District. Within sixty days of enactment of an adopting ordinance by the council, all property owners within the PUD district shall record with the register of deeds a boundary plat or suitably comparable document identifying that the affected properties are subject to the provisions of the PUD overlay district.

B.

Final Site Plan. The planning commission shall process, review and act to approve, approve with conditions or disapprove a final site plan application for all properties within a planned unit development district according to the procedures of Article V of this chapter.

C.

Final Approval by Stages. If so reflected on the master development plan, the planning commission may allow the staging of final development. Each phase of development shall adhere to all applicable provisions and standards of this title. If the provision of required infrastructure is to be phased, an implementation schedule and associated cost sharing formula may be required by the planning commission prior to or concurrent with the first phase of development.

D.

Transfer of Ownership. Property may be subdivided in a manner consistent with a master development plan. All subdivision of property shall conform with the subdivision regulations of Nashville and Davidson County.

E.

Common Open Space Maintenance. When provided, common open space shall be maintained subject to the following provisions:

1.

Responsibility. Common open space areas shall be owned and maintained by an incorporated association for the mutual benefit of residents or property owners within the PUD district and shall be adequately described on a recorded plat of subdivision approved by the planning commission. All property owners within the PUD district shall be a member of the association which shall be responsible for the assessment of dues to cover the reoccurring costs of maintaining all common elements. Common open areas may be offered for dedication to the metropolitan government subject to approval by the planning commission and the metropolitan council.

2.

Failure to Maintain. When the failure of an association to properly maintain a common open space results in a public nuisance, the zoning administrator is empowered to initiate appropriate measures to eliminate the nuisance. If public funds are utilized to remove a nuisance and/or maintain common open space, those costs shall be assessed proportionally against all properties within the development in the form of a tax lien. This provision shall not apply to any open space that has been dedicated to and accepted by the metropolitan government.

F.

Changes to a Planned Unit Development District.

1.

Modification of Master Development Plan. Applications to modify a master development plan in whole or in part shall be filed with and considered by the planning commission according to the provisions of subsection A of this section. If approved by the commission, the following types of changes shall require concurrence by the metropolitan council in the manner described:

a.

Land area being added or removed from the planned unit development district shall be approved by the council according to the provisions of Article III of this chapter (Amendments);

b.

Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance shall be authorized by council ordinance;

c.

A change in land use or development type beyond that permitted by the specific underlying zoning district shall be authorized only by council ordinance; or

d.

An increase in the total number of residential dwelling units above the number last authorized by council ordinance or, for a PUD district enacted by council ordinance after September 1, 2006, an increase in the total number of residential dwelling units above the number last authorized by council ordinance or above the number last authorized by the most recent modification or revision by the planning commission; or

e.

When a change in the underlying zoning district is associated with a change in the master development plan, council shall concur with the modified master development plan by ordinance.

e.[f.]

Any modification to a master development plan for a planned unit development or portion thereof that meets the criteria for inactivity of Section 17.40.120.H.4.a.

2.

Changes to a Final Site Plan. Applications to modify a previously approved final site plan shall follow the procedures of Section 17.40.170.

3.

Addition of a Special Exception Use. The addition or relocation of a special exception use otherwise permitted by the underlying base zone district shall be considered by the board of zoning appeals according to the applicable provisions of Chapter 17.16, Article III and Article VII of this chapter and may be approved upon consideration of a recommendation from the planning commission.

4.

Subsequent Change in Zoning District. Following adoption of a PUD district, no subsequent change in zoning district classification shall occur within that PUD without concurrent reapproval of the master development plan by the planning commission and council.

5.

Cancellation of a PUD District. Cancellation of a PUD district may be initiated by the planning commission, the metropolitan council, or a property owner within the PUD district. A PUD district shall be canceled by ordinance according to the provisions of Article III of this chapter.

G.

Status of Earlier Planned Unit Developments (PUDs). The following provisions shall apply to a planned unit development (PUD) approved under the authority of a previous Zoning Code and remaining a part of the official zoning map upon the enactment of this title.

1.

The planned unit development (PUD) shall be recognized by this title according to the master development plan and its associated conditions specified in the PUD ordinance last approved by the metropolitan council prior to the effective date of the ordinance codified in this title.

2.

The planning commission may consider and approve minor modifications to a previously approved planned unit development subject to the following limitations. All other modifications shall be considered by the planning commission as an amendment to the previously approved planned unit development and shall be referred back to the council for approval according to the procedures of Section 17.40.120(A)(5). That portion of a planned unit development master plan being amended by the council shall adhere to all provisions of this code:

a.

In the judgment of the commission, the change does not alter the basic development concept of the PUD;

b.

The boundary of the planned unit development overlay district is not expanded;

c.

There is no change in general PUD classification (e.g. residential to any classification of commercial or industrial PUD; any change in general classification of a commercial PUD; or any change in general classification of an industrial PUD);

d.

There is no deviation from special performance criteria, design standards, or other specific requirements made part of the enacting ordinance by the council;

e.

There is no introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access;

f.

There is no increase in the total number of residential dwelling units originally authorized by the enacting ordinance;

g.

There is no change from a PUD approved exclusively for single-family units to another residential structure type;

h.

The total floor area of a commercial or industrial classification of PUD shall not be increased more than ten percent beyond the total floor area last approved by the council;

i.

If originally limited to office activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

j.

If originally limited to office, retail and other general commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to include industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

k.

If originally limited to commercial activities, the range of permitted uses in a commercial PUD shall not be expanded to broader classifications of retail, commercial or industrial activities, unless such activities are otherwise permitted by the underlying base zone district. The permitted uses within the planned unit development shall be those specifically authorized by the council through the adopted master development plan, or by the existing base zone district beneath the overlay, whichever is more permissive.

l.

In the determination of the commission, the nature of the change will have no greater adverse impact on those environmentally sensitive features identified in Chapter 17.28 of this code than would have occurred had the development proceeded in conformance with the previous approval.

m.

In the judgment of the commission, the planned unit development or portion thereof to be modified does not meet the criteria for inactivity of Section 17.40.120.H.4.a.

3.

Application of Code Standards.

a.

Where modifications to a previously approved planned unit development are deemed to be minor, as determined under subsection (G)(2)(a) through (k) of this section, the parking and loading standards of Chapter 17.20, and the landscaping standards of Chapter 17.24 shall apply to all new development commencing under building permits issued after the effective date the ordinance codified in this chapter. All other chapters shall be applicable to the extent not inconsistent with the terms and conditions of the previously approved planned unit development.

b.

Where modifications to a previously approved planned unit development are not deemed to be minor, as determined under subsection (G)(2)(a) through (k) of this section, all chapters of this code shall be applicable. Notwithstanding the foregoing, when legislation modifying the planned unit development is approved by the metropolitan council that expressly includes provisions that are not consistent with the chapters of this code, such express provisions shall govern however, the removal of any building, fire and life safety codes adopted by the metropolitan government shall be prohibited.

H.

Periodic Review of Planned Unit Developments.

1.

Authorization to Review. The metropolitan planning commission is authorized to review any planned unit development overlay district (PUD), or portion thereof, to determine whether development activity has occurred within six years from the date of the latter of initial enactment, subsequent amendment, or re-approval by the metropolitan council, and, if determined inactive in accordance with subsection 4.a. of this section, to recommend legislation to the council to re-approve, amend or cancel the PUD and make conforming changes to the base zoning if necessary.

2.

Initiation. Review of a PUD or portion thereof to determine inactivity may be initiated by the metropolitan planning commission

a.

On its own initiative,

b.

By written request of a member of the metropolitan council, or

c.

By written request of a property owner within the area of the PUD overlay requested for review.

d.

Notice of Review. Within five business days of the initiation of a review, the planning commission shall send written notice to the district councilmember(s) for the district(s) in which the PUD is located, to the zoning administrator, and to the owner(s) of property in the portion of the PUD overlay district to be reviewed.

3.

Metropolitan Planning Commission Procedure. Within 90 days from the initiation of its review, the planning commission shall hold a public hearing in accordance with the planning commission's adopted Rules and Procedures to concurrently consider if the PUD or portion thereof should be classified as inactive and, if found inactive, provide a recommendation to the metropolitan council on legislation to re-approve, amend or cancel the PUD and make conforming changes to the base zoning district if necessary.

a.

Determination of Inactivity. To determine that a PUD or portion thereof is inactive, the planning commission shall establish each of the findings i. through iii. below. The planning commission may also take into consideration the aggregate of actions, if any, taken by the owner of the PUD within the prior 12 months to develop the portion of the PUD under review.

i.

Six or more years have elapsed since the latter of

(1)

The effective date of the initial enacting ordinance of the PUD,

(2)

The effective date of any ordinance approving an amendment to the PUD,

(3)

The effective date of any ordinance re-approving or amending a PUD after it has been reviewed and decided in accordance with subsection 5.a. or b. of this section, or

(4)

The deadline for action by the metropolitan council in accordance with subsection 5.d. of this section, and

ii.

Construction has not begun on the portion of the PUD under review; construction shall mean physical improvements such as, but not limited to, water and sewer lines, footings, and/or foundations developed on the portion of the PUD under review; clearing, grading, the storage of building materials, or the placement of temporary structures shall not constitute beginning construction, and

iii.

Neither right-of-way acquisition from a third party nor construction has begun on off-site improvement(s) required to be constructed by the metropolitan council as a condition of the PUD approval.

b.

Recommendation to Metropolitan Council. If the planning commission determines that the PUD or portion thereof under review is inactive, the commission shall recommend legislation to the metropolitan council to re-approve, amend, or cancel the PUD, or portion thereof that is determined to be inactive, including conforming changes to the base zoning district if necessary. In recommending legislation, the planning commission shall:

i.

Determine whether the existing PUD is consistent with the goals, policies, and objectives of the General Plan and any applicable specific redevelopment, historic, neighborhood, or community plans adopted by the metropolitan government.

ii.

Recommend legislation to re-approve, amend, or cancel the existing overlay district, including as required:

(a)

The appropriate base zoning district(s), if different from current base zoning, to retain and implement the PUD overlay district as it exists.

(b)

Any amendment(s) to the inactive PUD's master development plan and base zoning district(s) to reflect existing conditions and circumstances, including the land use policies of the general plan and the zoning of properties in the area.

(c)

Base zoning district(s) consistent with the adopted general plan, should the PUD overlay district be recommended for cancellation.

Failure of the planning commission to act within 90 days from the initiation of a review shall be considered a recommendation to re-approve by ordinance the existing PUD overlay district without alteration.

c.

When Inactivity Not Established. If the planning commission determines that the PUD or portion thereof under review does not meet the criteria of Section 17.40.120.H.4.a for inactivity, the PUD review is concluded, the limitations of subsection 5 are terminated, and a re-review of the PUD shall not be initiated in the manner of subsection 2 of this section for 12 months following the commission's determination.

4.

Metropolitan Council Consideration. The procedures of Article III of this chapter (Amendments) shall apply to metropolitan council consideration of ordinance(s) to:

a.

Re-approve the existing PUD master plan and apply the appropriate base zoning district(s), if different from current base zoning,

b.

Amend the PUD master plan, or

c.

Cancel the PUD overlay district, including any change(s) to the underlying base zoning district.

d.

Decline to take action by ordinance. If the metropolitan council does not act to re-approve, amend, or cancel the PUD within six months of receipt of the planning commission's recommended legislation, the property may be developed in accordance with the master development plan last approved by the metropolitan council, or subsequently revised by the planning commission.

5.

No planned unit development application, grading permit, nor any building permit for new building construction shall be submitted, reviewed or issued within the PUD overlay district or portion thereof for which a review has been initiated until the earlier of:

a.

The metropolitan council's final action to re-approve, amend or cancel the PUD overlay district, or

b.

Six months following the planning commission's submission of a recommendation to the metropolitan council, or the deadline for that submission should the commission fail to act.

(Ord. BL2016-266 § 1, 2016; Amdt. 1 to Ord. BL2012-264 § 1, 2013; Ord. BL2012-264 § 1, 2013; Ord. BL2007-1367 §§ 1—3, 2007; Amdts. 1, 2 to Ord. BL2006-1051 § 1, 2006; Ord. BL2006-1051 § 1, 2006; Ord. BL2005-553 § 1, 2005; Ord. BL99-117 § 1 (part), 2000; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; § 4(2) of Amdt. 1 with Ord. 96-555 § 10.4(B), 1997)

A.

Application for an Urban Design Overlay District. The applicable goals and objectives of a proposed urban design overlay district shall be established. An urban design overlay district application shall also include a detailed design plan and all associated design criteria required to implement that plan. The form and content of an urban design overlay district application shall be established by the planning commission. Applications shall be filed with the planning commission.

B.

Planning Commission Recommendation. The planning commission shall review a proposed urban design overlay district application for conformance with the stated design goals and objectives. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

1.

Approval. Approval of a proposed urban design overlay shall be based on findings that the stated design goals and objectives have been satisfied.

2.

Conditional Approval. The planning commission may recommend approval of an urban design overlay district application subject to any conditions deemed necessary to fulfill the goals and objectives. All conditions shall be transmitted in writing to the applicant. The application will not be considered approved until the applicant concurs with all conditions in writing and provides all prescribed amendments to the application.

3.

Disapproval. If the planning commission acts to disapprove an application, the reasons for that disapproval shall be stated in writing and transmitted to the applicant.

C.

Council Consideration. The metropolitan council shall consider an ordinance establishing an urban design overlay district and its associated design plan according to the procedures of Article III of this chapter (Amendments). All property owners within and proximate to a proposed urban design overlay district shall be notified according to the procedures of Article XV of this chapter. Testimony and evidence material to the standards of Chapter 17.36, Article VIII may be considered by the council in its deliberations.

D.

Final Site Plan Approval. For property located within an urban design overlay district, a final site plan application shall be submitted for review and approval by the planning commission in a manner consistent with the procedures of Section 17.40.170B. Final site plan applications shall be of sufficient detail to fully describe the ultimate form of development and demonstrate full compliance with the design plan and all applicable design standards established by the overlay district. Final site plan approval by the planning commission shall be based on findings that all design standards of the overlay district and other applicable requirements of this code have been satisfied.

E.

Changes to an Urban Design Overlay District. An application to modify an approved urban design overlay district shall be filed with the planning commission. The planning commission shall review all proposed changes according to the procedures of subsection B of this section. A proposed change in the geographic boundary of an urban design overlay district on the official zoning map shall be considered by the council according to the procedures of Article III of this chapter (Amendments).

(Ord. 2001-856 § 1 (part), 2001; § 4(3) of Amdt. 1 with Ord. 96-555 § 10.4(C), 1997)

A.

New Applications. An application to establish an institutional overlay district shall be filed with the planning commission in form and content established by the planning commission, and include a campus master development plan as defined in Chapter 17.36, Article IX. The application shall include properties owned by the institution that are nearby the proposed institutional overlay district if existing or planned uses on those properties may have an impact on the residential area adjoining the proposed institutional overlay district.

B.

Planning Commission Action. The planning commission shall review an application to apply the institutional overlay district and the associated campus master development plan. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

1.

Approval. The planning commission's recommendation of approval of a proposed institutional overlay district and the associated campus master development plan shall be based on findings that the master plan is compatible with the surrounding neighborhood and the essential infrastructure is adequate to support the proposed pattern and intensity of development. A recommendation of approval of the master plan shall further require a finding by the planning commission that the master plan arranges campus-related land uses in a manner that preserves the integrity and long-term viability of nearby residential areas, and provides for methods of implementing the master plan in a manner that minimizes disruption and inconvenience to other landowners within the overlay district and the surrounding community in general.

2.

Conditional Approval. The planning commission may recommend approval of the institutional overlay district and the associated campus master development plan subject to conditions. All conditions shall be transmitted in writing to the applicant. The institutional overlay district and associated campus master development plan shall not be considered recommended for approval until the applicant concurs with all conditions in writing and provides all prescribed amendments to the master plan and/or application.

3.

Disapproval. If the planning commission recommends disapproval of the proposed institutional overlay district and associated campus master development plan, the reasons for that recommendation of disapproval shall be stated in writing and transmitted to the applicant.

C.

Council Consideration. An institutional overlay district and associated campus master development plan shall be approved upon adoption of an ordinance by the metropolitan council, following a recommendation from the planning commission, according to the procedures of Article III of this chapter (Amendments). Testimony and evidence material to the provisions of Chapter 17.36, Article IX may be considered by the council in its deliberations.

D.

Final Site Plan Approvals. A final site plan application for property lying within an institutional overlay district shall be reviewed and acted on by the planning commission according to the procedures of Section 17.40.170(B). Approval shall be based on a finding that the final site plan conforms with the approved campus master development plan and all other applicable provisions of this title.

E.

Changes to an Institutional Overlay District. An application to modify an approved campus master development plan and/or institutional overlay district shall be filed with the planning commission. The planning commission shall review all proposed changes according to the procedures of subsection B of this section. Changes shall be considered as follows:

1.

Minor Modifications. The planning director shall have the authority to grant minor modifications to the approved campus master development plan that do not exceed ten percent within the modification area of any square footage limitation, building setback, lot coverage, landscaping requirement, parking requirement, or dimensional requirement relating to fences or walls. At the planning director's discretion, any minor modification may be referred to the planning commission for review and action as set forth in Section 17.40.140(B).

2.

Major Modifications. All other modifications to the institutional overlay district and approved campus master development plan shall be considered major modifications except that it shall not be considered a major modification to rearrange proposed campus buildings unless the rearrangement results in buildings being placed more than ten percent closer to the existing campus boundary or the overlay district boundary. Major modifications shall be considered by the metropolitan council in accordance with Article III of this chapter (Amendments), following review and recommendation by the planning commission as set forth in Section 17.40.140(B).

(Ord. BL2003-1399 § 7, 2003; §4(4) of Amdt. 1 with Ord. 96-555 § 10.4(D), 1997)

A.

Amendment Procedures. Whenever the metropolitan council determines that an existing or a proposed and funded public facility, such as a freeway, may stimulate secondary land use changes that would be damaging to a broader community, special procedures shall be established and implemented in accordance with this article to apply to a specifically defined impact overlay district.

B.

Procedures for Creation and for Abolishing Impact Overlay District.

1.

An impact overlay district is a geographic entity of definite physical boundaries overlaying a previously established zoning district and any other zoning overlays in which the metropolitan council has determined that a public facility may introduce interest in zoning district changes that would have a deleterious secondary impact on other development or on a public facility.

2.

Procedures for Adopting an Impact Overlay District. The metropolitan council by resolution, or the metropolitan mayor, may request the metropolitan planning commission, or the metropolitan planning commission on its own may initiate the identification of an impact area which may be subject to zoning district changes in the vicinity of a public facility that has one or more of the following characteristics: Existing; is proposed and funded and authorized; or its specific location is fixed by an adopted plan by a governmental body. Within sixty days from the receipt of such request or resolution and after conducting a public hearing in the area under consideration, the metropolitan planning commission shall submit to the metropolitan council a report regarding the proposed impact area containing either:

a.

An unfavorable recommendation to the establishment of an impact overlay district; the report shall contain a justification for such recommendation in terms of the objective of this article and Article X of Chapter 17.36; or

b.

A favorable recommendation shall contain a factual connection between the public facility and potentially damaging land use changes in terms of the objectives of this article and Article X of Chapter 17.36. The planning commission shall delineate a proposed impact overlay district that in its judgment will include all but not exceed the territory closely linked to the public facility.

Unless the metropolitan council grants an extension for a definite period of time, if after the sixty-day period the planning commission has not made a recommendation, the metropolitan council may proceed to delineate an impact overlay district and submit it by resolution to the metropolitan planning commission for a recommendation. The planning commission has thirty days after the effective date of the resolution to make a recommendation to the metropolitan council regarding the area proposed by resolution. If the planning commission does not make a recommendation within thirty days, the council may proceed as if the area had a favorable recommendation from the planning commission.

The adoption of an impact overlay district shall be by an amending ordinance in accordance with the applicable provisions of this chapter (Article III). The boundary of an adopted impact overlay district shall be placed by the metropolitan clerk directly on the official zoning map overlaying the existing zoned districts and overlays. Existing impact overlay districts may be amended through the same procedure.

3.

Procedures for Abolishing an Impact Overlay District. The metropolitan council by resolution, or the metropolitan mayor may request the metropolitan planning commission, or the metropolitan planning commission on its own may initiate an evaluation of an adopted impact overlay district and a recommendation for its continuation or its discontinuation. Within sixty days from the receipt of such request or resolution, the metropolitan planning commission shall submit to the metropolitan council a report containing:

a.

A recommendation action regarding the continuance or discontinuance of the impact overlay district; and

b.

Factual evidence that the impact overlay procedure is ineffective and unnecessary and should be discontinued or is effective and necessary and should be continued.

If the planning commission fails to report within sixty days of an introduction of an amending ordinance to abolish an impact area, the council may proceed as if the commission has disapproved the abolishing of the impact overlay district.

C.

Effect of an Impact Overlay District. Any proposed amendment to a zoning district or any zoning overlay within an adopted impact overlay district shall adhere to the procedures contained herein in addition to all other applicable provisions of this title.

D.

Impact Overlay District Policies.

1.

Within sixty days after the effective date of the adopted impact overlay district, the planning commission shall submit an impact area policy outlining the problems of the impact area, objectives pertaining to the resolution or management of such problems, and policies for the development of the impact area. The recommended impact area policy shall be consistent with the long-range, general comprehensive plan for Nashville-Davidson County. Upon consideration of the recommended policy, the metropolitan council may adopt by ordinance an impact overlay district policy as a part of this zoning title. The metropolitan council may amend the impact overlay district policy by ordinance after a recommendation by the metropolitan planning commission.

2.

Within two weeks of the effective date of the adopted impact overlay district, the planning commission shall hold a public meeting in the area affected for the purpose of establishing a citizen participation procedure in the development of the recommended impact area policy. Prior to submitting an impact overlay district policy to the metropolitan council, the planning commission shall hold at least one public hearing regarding such policy in the area affected. The metropolitan council shall hold a public hearing on the recommended policy in a manner similar to any other amendments to this title.

E.

Procedure for Zoning District and Overlay Amendments within an Impact Overlay District. All amendments to the zoning districts and overlays specific to an impact overlay district shall be considered by the following procedure:

1.

The metropolitan planning commission shall review the proposed zone change in terms of the adopted impact overlay district policy adopted by the metropolitan council; it shall report, in writing, to the metropolitan council the relevant neighborhood and community implications of the proposed zone change, the consistency of the proposed zone change with the impact overlay district policy, and provide its recommendation regarding the proposed zone change; and

2.

The metropolitan council shall proceed to consider a proposed zone change in an impact overlay district in accordance with the applicable provisions of this title, except that it shall not adopt a zone change inconsistent with the or without an adopted impact overlay district policy. The adoption of a zoning amendment disapproved by the metropolitan planning commission shall not by itself be construed as acting inconsistent with the adopted impact overlay district policy.

(Ord. 96-555 § 10.4(E), 1997)

The following provisions apply to all Neighborhood Landmark (NL) overlay districts.

A.

Application Requirements. An application to establish a NL district shall be submitted by the property owner (or authorized agent) in form and content established by the planning commission, along with all applicable processing fees. The application shall be accompanied by a development plan consisting of scaled drawings, written text, and any reports necessary to demonstrate compliance with the purpose and intent of the NL district, to demonstrate how the proposal will protect the character of the district and neighborhood, and to ensure compatibility with surrounding uses. The application shall detail the following, as applicable:

1.

The overall NL district boundary including underlying zoning districts;

2.

How the proposed NL district meets the criteria for an NL district as described in Section 17.36.420 of the Zoning Ordinance, to be described in a written statement;

3.

The location, orientation, and size of all existing and proposed structures, features and other elements and associated parking spaces;

4.

The location of any structures on any property adjacent to the boundaries of the district;

5.

The type, location, number, and size of all existing and proposed vegetation and landscaping;

6.

The location, width, height, and type of any existing and proposed fence or wall;

7.

The number, location, width, height, type and lighting of any existing or proposed sign(s);

8.

The location of any accessory structures for refuse collection, recycling, or feature maintenance;

9.

The existing and proposed location of any water mains and sewer lines required to serve the property;

10.

The location of all existing and proposed access points, loading areas, and drive-thru lanes;

11.

The location and name of all existing streets and alleys;

12.

The anticipated traffic impacts of the proposed development, as documented in a traffic impact study or access study, if deemed necessary by metro public works;

13.

Tabular data identifying the specific existing and proposed uses and square footage; proposed densities; floor area ratios; impervious surface ratios; feature height(s); and parking spaces; and

14.

A proposed development schedule.

B.

Relationship to Other Requirements. Unless explicitly authorized otherwise by the approved NL District and development plan, all requirements and standards established by other chapters of this title, as a well as any other applicable metro, state or federal regulation, shall apply to the development and use of properties located within a NL district. All development within a NL district shall conform to Chapter 15.64, the "ordinance for storm water management" and the subdivision regulations. In case of conflict between the standards of this article and other chapters of this Zoning Code, the provisions of this article shall control.

C.

Permitted Land Uses. All uses classified as a "A", "P" or "PC" by the underlying zoning district(s) shall be permitted within the NL district. Additional uses, including uses prohibited by the underlying zoning district(s), may be permitted subject to certain conditions as described in the development plan, provided they are determined by the planning commission to be compatible with, and sensitive to, abutting properties and the overall neighborhood fabric and appropriate to preserve and maintain the district, and approved by the metropolitan council.

D.

Alternative Design Standards. In addition to permitted uses, the approval of an NL district development plan may establish alternative design standards. A finding must be made that those standards would serve to enhance and provide a strong sense of place, permit the reasonable use of the property, and not impair the continued use and enjoyment of abutting properties in fulfillment of the land use policies of the general plan. Alternative design standards may be approved in lieu of otherwise applicable code provisions to the following provisions of this title.

1.

Minimum lot area, maximum building coverage, setback and building height standards of Tables 17.12.020A, 17.12.020B, and 17.12.020C;

2.

Street setback standards of Tables 17.12.030A and 17.12.030B provided any new setback does not conflict with any adopted major street plan as contained in the general plan;

3.

Landscape buffer yard standards of Chapter 17.24;

4.

Parking, loading, and access standards of Chapter 17.20; and

5.

Sign regulations of Chapter 17.32.

E.

Design Standards. To ensure compatibility of a NL district with surrounding uses and streetscape, the NL District development plan should adequately address the following design elements at a minimum:

1.

Building Mass and Scale. The mass and scale of any new construction or alterations to a feature shall be consistent with the principal features, if any, on-site and in relation to existing and surrounding uses, buildings, structures, and streetscape.

2.

Parking. The number of any required parking spaces shall be established recognizing any available on-street and alternative parking available in the area. New parking spaces shall be located so as not to disrupt the continuity of the existing neighborhood context, building rhythm, and streetscape. New parking spaces shall be located to the side and rear of the feature to the extent possible.

3.

Lighting. Lighting shall be designed and located at a pedestrian scale consistent with pedestrian movements and the neighborhood. Lighting shall be concealed or shielded to avoid glare and off-site impacts on abutting properties. Lighting poles and fixtures shall be compatible with the function and design of the feature and abutting properties.

4.

Signs. Any sign, where permitted as part of the development plan, shall be consistent with the context, scale, and character of the neighborhood and streetscape. The mass and scale of the feature and the neighborhood context shall be considered in any sign size and design to ensure appropriate sign proportions and sensitivity to surrounding properties.

5.

Landscaping. Landscaping shall enhance and reinforce the distinguishing characteristics of the feature and appropriately buffer development within the district from adjacent properties.

F.

Staff Recommendation. The staff of the planning commission shall review all applications to establish an NL district or amend an existing district and submit a written report to the planning commission to serve as a basis for action. The report shall adequately describe the location, nature, and scope of the proposed neighborhood landmark development plan, and the manner in which the plan demonstrates conformance with the development and performance standards of Chapter 17.36, Article XI and other applicable provisions of this title.

G.

Metro Historic Zoning Commission Action. Any feature located within an historic overlay district, listed on the national register of historic places, or eligible for the national register of historic places, shall first be referred to and reviewed by the metropolitan historic zoning commission. The commission shall provide a written recommendation to the planning commission on any alterations proposed to the feature which would be subject to any applicable historical design review guidelines.

H.

Planning Commission Action. The planning commission shall act to provide a recommendation on the application according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map).

1.

Findings for approval. In recommending approval of a neighborhood landmark district, the planning commission shall find that:

a.

The feature is a critical component of the neighborhood context and structure;

b.

Retention of the feature is necessary to preserve and enhance the character of the neighborhood;

c.

Adaptive reuse, as described in the development plan, will facilitate protection and preservation of the identified feature;

d.

The proposed use(s) in the development plan is compatible with and sensitive to abutting properties and the overall neighborhood fabric and appropriate to preserve and maintain the district; and

e.

All other provisions of Chapter 17.36, Article XI; Section 17.40.160, and this title have been satisfied.

Absent a finding that the proposed feature meets all of the criteria for consideration, the planning commission shall recommend disapproval.

2.

Conditions. The planning commission may recommend approval of a NL district and development plan subject to conditions. Conditions shall be adopted that serve to minimize or mitigate potential impacts of a proposed use or development on the neighborhood character and abutting properties, protect the continuity of the existing building rhythm and streetscape in the neighborhood, enhance the pedestrian realm, and/or to otherwise achieve the purpose and intent of the NL district as described in Chapter 36, Article XI of this title.

I.

Council Consideration. The metropolitan council shall consider an ordinance establishing a NL district and its associated development plan according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map).

J.

Development Permits. All zoning, building and other land development permits shall only be issued in conformance with the provisions of the approved NL District development plan. For previously approved NL Districts that do not have an approved development plan and approved uses in place, no zoning permits, building permits or other land development permit of any kind that would alter the character of the district shall be issued within a NL district prior to approval of a neighborhood landmark development plan according to the procedures of this article and chapter. This provision shall not be intended to prevent the issuance of any permit necessary to stabilize any condition of imminent danger to life safety.

K.

Changes to a Neighborhood Landmark District. Applications to modify a NL District and/or its associated development plan in whole or in part shall be filed with the planning department, and shall be submitted in accordance with the requirements of Section 17.40.160.A of this title. The planning executive director may waive specific application details or requirements as appropriate based on the type of modification proposed.

1.

Amendments. The following types of changes shall be considered amendments to an NL district and require concurrence by the metropolitan council according to the provisions of Subsection I of this section:

a.

Expansion or modification of the boundary of an existing NL district; and

b.

Change in the use(s) or addition of new use(s) for an existing NL district with an approved development plan.

2.

Existing NL Districts without an approved development plan. Submittal of a development plan to establish permitted uses for an existing NL district that lacks an approved development plan shall be considered an amendment to the district and shall require concurrence by the metropolitan council.

3.

Revisions. All other modifications to an approved NL District and the associated development plan shall be considered revisions subject to the planning commission's review and action as set forth in this section.

4.

Minor modifications. The planning executive director shall have the authority to grant minor modifications to an approved NL District development plan that do not exceed 10% of any square footage limitation, building setback, lot coverage, landscaping requirement, parking requirement, or dimensional requirement relating to fences or walls. At the planning executive director's discretion, any minor modification may be referred to the planning commission for consideration in accordance with this section.

L.

Removal of Feature. If the feature identified as a neighborhood landmark is removed or destroyed, only those uses permitted by the base zoning district shall be permitted. Uses approved for the NL district beyond those permitted by the base zoning shall no longer be permitted.

M.

Cancellation. In the event a building permit and/or certificate of use and occupancy has not been issued for a feature within two years from and after the effective date of the Council ordinance establishing the NL district and approving the associated development plan, the metropolitan council, the planning commission, or a property owner within the NL district may initiate cancellation of the district. An NL district shall be cancelled by ordinance according to the provisions of Article III of this chapter.

(Ord. BL2018-1317 § 1, 2018; Amdts. 1, 2 with Ord. BL2000-365, Exh. A (part), 2000)

Prior to the issuance of a zoning permit for new construction, the property owner shall demonstrate compliance with all applicable provisions of this title.

(Ord. 96-555 § 10.5(A), 1997)

The construction of any permanent structure shall be in conformance with a final site plan approved in accordance with the following procedures.

A.

Final Approval by the Zoning Administrator. Prior to approval, the zoning administrator shall review final site plan applications in all zoning districts except those cited in subsection B of this section to verify conformance with the provisions of this title and any other applicable regulation. Final site plan applications shall be submitted in form and content established by the zoning administrator, and shall specifically describe the nature and scope of development to serve as the basis for the issuance of permits by the department of codes administration and any other applicable metro department.

B.

Final Approval by the Planning Commission. Planning Commission approval shall be required for a final site plan within a SP district, landmark sign designation or within the overlay districts known as planned unit development (PUD), urban design, and institutional.

1.

Application for Final Approval. A final site plan application filed with the planning commission shall consist of a detailed set of construction plans that fully demonstrate compliance with all applicable provisions of this title and accurately represent the resulting form of construction. Applications shall include all necessary drawings, specifications, studies or reports as required by a submittal checklist adopted by the planning commission.

2.

Final Report. A written report from the staff of the planning commission shall be submitted to the commission prior to consideration of a final site plan. The report shall adequately describe the location, nature and scope of the final site plan, and its conformance with applicable codes and regulations.

3.

Bases for Final Site Plan Approval. Approval of a final site plan shall be based on demonstrated compliance with all applicable provisions of this title. For property located within a planned unit development (PUD) district, the final site plan shall conform to the general development concept and approval provisions of the master development plan.

4.

Planning Commission Action. The planning commission shall act to approve, conditionally approve or disapprove a final site plan application.

5.

Permits and Certificates. Upon satisfaction of all conditions of approval, an approved final site plan shall be forwarded by the planning commission to the zoning administrator to form the basis for zoning permits. No zoning permit shall be issued prior to approval of the final site plan by the planning commission, nor shall a certificate of zoning compliance be issued unless all construction is in compliance with the final site development plan approved by the planning commission.

6.

If the approved site plan for landmark sign designation has not been fulfilled six months after designation is granted, the designation shall be removed. The applicant may reapply for designation.

C.

Final Approval by the Planning Department. Planning department approval shall be required for a final site plan within the DTC zoning district.

1.

Application for Final Approval. A final site plan application filed with the planning department shall consist of a detailed set of construction plans that fully demonstrate compliance with all applicable provisions of this title and accurately represent the resulting form of construction. Applications shall include all necessary drawings, specifications, studies or reports as required by a submittal checklist adopted by the planning department.

2.

Basis for Final Site Plan Approval. Approval of a final site plan shall be based on demonstrated compliance with all applicable provisions of this title and shall also be subject to review and approval by the Nashville Department of Transportation and Multimodal Infrastructure based on demonstrable compliance with all applicable provisions.

3.

Planning Department Action. The planning department shall act to approve, conditionally approve or disapprove a final site plan application.

4.

Overlapping Requirements. If a final site plan is also required by Section 17.40.170.B, the procedures within this section shall control.

D.

Development Under a Unified Plat of Subdivision. Applicants seeking design flexibility may use a unified plat of subdivision to identify and delineate the boundary of all properties to be considered as one "unified" piece of property for purposes of complying with certain floor area ratio (FAR), impervious surface ratio (ISR), landscaping, parking, sign, and street setback standards. Such plat shall be reviewed and approved by the planning commission via the Subdivision Regulations final plat procedures. Once the unified plat is approved and recorded by the planning commission, a final site plan can be approved. Properties eligible for a unified plat are those located in any zoning district (except R/R-A and RS/RS-A) or within a planned unit development, institutional, or urban design overlay district. The zoning administrator and/or the planning commission may authorize the following design flexibility on the final site plan, provided that all standards of this title are satisfied within the boundary of the unified plat of subdivision as approved by the planning commission, and suitably noted both on the final site plan and the recorded unified plat."

1.

A permanent on-premises sign may be located on a different lot subject to the number, size and spacing standards of Chapter 17.32.

2.

The parking requirements of Chapter 17.20, Article II may be satisfied on a different lot than that containing the principal use or through a shared parking arrangement.

3.

The perimeter parking lot landscaping standards of Section 17.24.150B may be waived along internal lot lines.

4.

The overall area of impervious surface (ISR) permitted within the unified plat of subdivision may be redistributed among the lots of that plat provided that the department of public works determines that each final site plan conforms to the requirements of Chapter 15.64, "An Ordinance for Storm Water Management."

5.

The zoning administrator and/or planning commission may vary the street setback standards of Tables 17.12.030A and 17.12.030B if deemed appropriate to maintain the existing character of a developed area.

6.

The overall floor area ratio (FAR) permitted within a unified plat of subdivision may be redistributed among the lots of that plat.

(Ord. BL2022-1472 § 2, 2022; Ord. BL2015-1153 § 16, 2015; Ord. BL2015-1053 §§ 3, 4, 2015; Ord. BL2011-922 § 3, 2011; Ord. BL2009-586 § 1(Exh. A, §§ 46, 47), 2010; Ord. BL2007-36 § 2, 2007; Ord. BL2005-762 §§ 7, 8, 2005; Ord. BL2000-364 § 1 (part), 2000; Ord. 98-1268 § 1(part), 1998; Ord. 96-555 § 10.5(B), 1997)

A.

Prior to the approval of a final site plan or issuance of a zoning permit for new construction, the applicant shall provide written notice to the district council member in whose council district the subject property or properties included in the final site plan is located in if the following characteristics are met:

1.

The final site plan includes five or more dwelling units.

2.

The property or properties included in the final site plan have maintained the same zoning district for four or more years prior to the application for a final site plan.

3.

The property or properties included in the final site plan are located within one thousand feet of a property zoned RS, R, or RM.

4.

Final site plans that include properties zoned DTC shall be excluded from this requirement.

B.

The written notice shall include the total number of dwelling units proposed.

(Ord. BL2025-820 § 1, 2025)