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)

The metropolitan board of zoning appeals, also referred to as the "board," shall be vested with the following powers.

A.

Administrative Appeals. Pursuant to Section 13-7-207(1), Tennessee Code Annotated, the board shall hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or the urban forester in carrying out the enforcement of this Zoning Code, whereby it is alleged in writing that the zoning administrator or the urban forester is in error or acted arbitrarily.

B.

Variances. Pursuant to Section 13-7-207(3), Tennessee Code Annotated, the board shall hear and act upon applications for variances to alleviate hardships created by not being able to comply with this Zoning Code from findings based on the criteria set forth in Section 17.40.370.

C.

Special Exception Use Permits. Pursuant to Sections 13-7-206 and 13-7-207(2), Tennessee Code Annotated, the board shall hear and act upon applications for special exception use permits. The board may reconsider a previously approved special exception use at any time for just cause.

D.

Changes to Nonconforming Uses or Structures. The board shall determine the appropriateness of proposed changes to nonconforming uses or structures.

E.

Right of Entry Upon Land. With just cause, the board may enter upon any land within its jurisdiction to make examinations and surveys and place or remove public notices as required by this Zoning Code.

F.

Reasonable Accommodation. The decision of either the zoning administrator, the executive director of the historical commission, or of the historical commission itself, to grant or deny a handicapped or disabled person or a provider of housing for a handicapped or disabled person, a reasonable accommodation shall be reviewable by the board of zoning appeals upon the filing of a notice of appeal with the board of zoning appeals by any person or entity aggrieved by that decision. The notice of appeal must be filed with the board of zoning appeals no more than thirty (30) days after issuance of the zoning administrator's decision.

(Ord. BL2008-333 § 2, 2009; Ord. 96-555 § 10.6(A), 1997)

The board shall consist of seven members. Board members shall be appointed by the mayor and confirmed by a majority vote of the entire membership of the metropolitan council. No person holding any public office or position in metropolitan government shall be eligible for membership on the board. Board members shall serve without compensation. Members of the board serving on the effective date of the ordinance codified in this title shall serve the remainder of their appointed terms and may be considered for reappointment if eligible.

(Ord. 96-555 § 10.6(B), 1997)

Board members shall each serve for a five-year term, or until their successors are appointed. No member shall serve more than two consecutive five year terms. Board members may be removed from office by the mayor for continued absence or other just causes. Any member being so removed shall be provided, upon request, a public hearing on the removal decision before the metropolitan council. Vacancies shall be filled for unexpired terms in the manner herein provided for initial appointments. Board members shall annually elect a chair and vice-chair from among their membership.

(Ord. 96-555 § 10.6(C), 1997)

Within sixty days following receipt of an application for a variance or special exception and prior to action, the board shall conduct a public hearing according to the public notice provisions of Article XV of this chapter.

(Ord. 96-555 § 10.6(D), 1997)

The board may request the assistance of any department or agency of the metropolitan government regarding any matter under consideration.

(Ord. 96-555 § 10.6(E), 1997)

A board member with either a direct or indirect interest in property affected by the consideration of the board shall be disqualified from any participation in the proceedings on that matter.

(Ord. 96-555 § 10.6(F), 1997)

Four board members shall constitute a quorum and concurrence of at least four members shall be necessary to deny or grant any application. In the event that five or more members are present, failure to receive four affirmative votes within thirty days of the hearing shall be deemed a denial. In the event there are only four members present and there are not four affirmative votes, then the application shall be readvertised for the next regular meeting.

(Ord. 96-555 § 10.6(G), 1997)

All permits for variances or special exception uses authorized by the board must be obtained within two years from the date of approval.

(Ord. 96-555 § 10.6(H), 1997)

A final site plan action by the zoning administrator may be appealed by the applicant to the board of zoning appeals. The approval of a final site plan by the zoning administrator may be appealed to the board of zoning appeals by a nonapplicant within thirty days following commencement of construction as defined by Section 17.04.030(A)(1).

(Ord. 96-555 § 10.6(I), 1997)

In granting a variance, special exception permit, hillside exception or change to a nonconforming use or structure, the Board may impose conditions, restrictions or time limits considered necessary to protect surrounding properties and better carry out the general intent of this title.

(Ord. 96-555 § 10.6(J), 1997)

An applicant may be an owner, optionee, agent, trustee, lessee, government official or department.

(Ord. 98-1268 § 1(part), 1998)

The metropolitan board of zoning appeals shall hear and decide requests for special exceptions in accordance with the provisions of this Zoning Code. Special exceptions shall be regulated in a manner consistent with Section 13-7-206, Tennessee Code Annotated. The specific location of an asphalt plant, waste transfer facility, airport runway, hazardous operation and wastewater treatment facility shall first be approved by a resolution adopted by the metropolitan council prior to the public hearing by the board of zoning appeals. If the metropolitan council does not approve or disapprove the specific location, upon finding that the proposed use is consistent or not consistent with the conditions specified in Chapter 17.16, Article III, within sixty days of the date of notification by the zoning administrator to the council and the district councilmember that such an application has been filed, council approval shall be waived and the board of zoning appeals may proceed to consider the application.

(Ord. BL2018-1122 § 1, 2018; Ord. BL2017-799 § 6, 2017; Ord. BL2005-701 § 3, 2005; Ord. BL2000-172 § 1, 2000; Ord. 96-555 § 10.7(A), 1997)

Special exception applications shall be filed by the applicant in form and content established by the board of zoning appeals. The application shall contain sufficient information to demonstrate full compliance with all applicable standards of Chapter 17.16, Article III (Special Exception Uses). Within three business days from the date the application for a special exception is filed, the zoning administrator shall notify the district councilmember in writing as to the substance of the request, whether construction on the property necessitating the special exception has commenced, and whether the property owner has been cited for a violation of the Zoning Code which led to the filing of the application.

(Ord. BL2005-910 § 1, 2006; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 10.7(B), 1997)

Special exception uses that would otherwise require final site plan approval by the planning commission pursuant to Section 17.40.170B may be considered and approved by the board upon consideration of a recommendation from the planning commission. All other special exception use applications shall be transmitted from the board of zoning appeals to the planning department for review and a report. Upon receipt of a complete application from the board, the planning department shall review the application and report to the board following a twenty-eight-day review period. In its review, the planning department shall advise on the nature of existing and future land uses in the general vicinity of the proposed special exception use.

(Ord. 96-555 § 10.7(C), 1997)

Within sixty days following the filing of a complete application, the board of zoning appeals shall hold a public hearing pursuant to the procedures of Article XV of this chapter (Public Notification). For special exception uses requiring review and a report from the planning department, the public hearing shall be held after receipt of the planning department report. If desired, the board may request an official interpretation of the general plan from the planning commission. Testimony and evidence material to the general and specific standards of Chapter 17.16, Article III may be considered by the board in its deliberations.

(§ 4(5) of Amdt. 1 with Ord. 96-555 § 10.7(D), 1997)

An approval of a special exception land use by the board of zoning appeals shall state the section of this title under which the permit was considered, and findings of facts relating to the applicable approval standards. In the case of a denial, the findings shall specifically identify the standards not satisfied.

(Ord. 96-555 § 10.7(E), 1997)

The metropolitan board of zoning appeals may grant variances from the strict application of the provisions of this Zoning Code based upon findings of fact related to the standards in this article.

(Ord. 96-555 § 10.8(A), 1997)

A.

The board shall not grant variances to the following sections and tables:

Sections/Tables

Section 17.08.030 (land uses)

Tables 17.12.020 A—D (minimum lot area)

Tables 17.12.020 A—D (density)

Tables 17.12.020 A—D (floor area ratio [FAR])

Section 17.12.080 (compact development)

Section 17.12.090 (conservation development)

Section 17.16.030.F (adaptive residential use)

Section 17.16.070.U (Operating a not owner-occupied short term rental property without a permit)

Section 17.16.250.E (Operating an owner-occupied short term rental property without a permit)

Section 17.36.070.C (PUD minimum lot size)

Section 17.37 (Downtown Code (DTC))

B.

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

Sections/Tables

Section 17.20.120 (Provision of sidewalks)

Section 17.24.075 (Plans for street trees and streetscape)

Section 17.28.103 (Underground utilities)

Zoning Districts

SP District

Overlay Districts

PUD

UDO

Institutional

C.

The board shall not grant variances within the following sections, tables, zoning districts, or overlay districts without first considering a supplemental review by the Planning Commission and the Director of the Information Technology Services (ITS) Department or his designee, including an approved consultant.

Sections/Tables

Section 17.16.080.C (Telecommunication facility)

(Ord. BL2023-120 § 3, 2024; Ord. BL2022-1121 § 12, 2022; Ord. BL2021-868 § 2, 2021; Amdt. 1 to Ord. BL2021-796 § 6, 2021; Ord. BL2021-796 § 6, 2021; Ord. BL2021-619 § 2, 2021; Ord. BL2019-6 § 3, 2019; Ord. BL2016-493 § 3, 2017; Ord. BL2016-415 § 7, 2016; Ord. BL2009-586 § 1(Exh. A, § 48), 2010; Ord. BL2005-762 § 9, 2005; Ord. BL2005-628 § 4, 2005; Ord. BL2004-492 § 5, 2005; Ord. 96-555 § 10.8(B), 1997)

A written application for a variance shall be filed with the board by the landowner or agent on forms provided by the board. An applicant shall state why the variance is being requested, what function the variance would accomplish and what specific and unique circumstances exist that would authorize consideration by the board under the review standards of this article. The application shall contain site plan information as required for a zoning permit. Within three business days from the date the application for a variance is filed, the zoning administrator shall notify the district councilmember in writing as to the substance of the request, whether construction on the property necessitating the variance has commenced, and whether the property owner has been cited for a violation of the Zoning Code which led to the filing of the application.

(Ord. BL2005-910 § 1, 2006; Ord. 96-555 § 10.8(C), 1997)

Not more than sixty days after filing, the board of zoning appeals shall hold a public hearing on an application for a variance. Notice of such public hearing shall be given pursuant to Article XV of this chapter. Testimony and evidence material to the review standards or requirements of Sections 17.40.370 or 17.40.380 may be considered by the board in its deliberations.

(§ 4(6) of Amdt. 1 with Ord. 96-555 § 10.8(D), 1997)

In accordance with Tennessee Code Annotated Section 13-7-207, the board shall not grant a variance without an affirmative finding of fact on each of the following standards based on evidence presented by the applicant.

A.

Physical Characteristics of the Property. The exceptional narrowness, shallowness or shape of a specific piece of property, exceptional topographic condition, or other extraordinary and exceptional condition of such property would result in peculiar and exceptional practical difficulties to, or exceptional or undue hardship upon the owner of such property upon the strict application of any regulation enacted by the ordinance codified in this title.

B.

Unique Characteristics. The specific conditions cited are unique to the subject property and generally not prevalent to other properties in the general area.

C.

Hardship Not Self-Imposed. The alleged difficulty or hardship has not been created by the previous actions of any person having an interest in the property after the effective date of the ordinance codified in this title.

D.

Financial Gain Not Only Basis. Financial gain is not the sole basis for granting the variance.

E.

No Injury to Neighboring Property. The granting of the variance will not be injurious to other property or improvements in the area, impair an adequate supply of light and air to adjacent property, or substantially diminish or impair property values within the area.

F.

No Harm to Public Welfare. The granting of the variance will not be detrimental to the public welfare and will not substantially impair the intent and purpose of this Zoning Code.

G.

Integrity of Master Development Plan. The granting of the variance will not compromise the design integrity or functional operation of activities or facilities within an approved planned unit development.

(Ord. 96-555 § 10.8(E), 1997)

Requests for exceptions from the hillside development standards of Chapter 17.28 shall be administered and decided in conformance with the requirements of this article. The board shall have no authority to vary lot areas within platted residential developments utilizing compact or conservation development provisions of Chapter 17.12.

A.

Application Requirements. At a minimum, an application requesting a variance from the hillside development standards shall include the following information:

1.

A report, prepared and endorsed by a qualified professional engineer licensed in the State of Tennessee, that includes at a minimum the following information:

a.

A report on the soils, geology and hydrology characteristics of the site;

b.

Recommended grading procedures; and

c.

Recommended measures to mitigate potential geologic or hydrologic impacts on the proposed development and any potentially affected adjacent property.

2.

An engineering report prepared by a qualified professional engineer registered in the State of Tennessee that demonstrates conclusively that:

a.

Proposed construction methods will improve or at a minimum not adversely impact the natural stability of the slope;

b.

Construction techniques are being employed that will minimize disruption of the existing topography and vegetation; and

c.

Existing geological constraints of the site, including soils and hydrology, are adequately addressed in the design of the project.

B.

Standards for Granting the Exception. Before granting an exception, the board of zoning appeals shall find that the written petition conforms to the application requirements of this article and that the preponderance of evidence shows that hillside development is appropriate.

(Ord. BL2023-120 § 4, 2024; Ord. BL2022-1121 § 13, 2022; Ord. 96-555 § 10.8(F), 1997)

Any board decision on a variance or hillside exception shall indicate the section of this Zoning Code under which the variance or exception is being considered and include substantive findings of fact relating to the specified review standards. In the approval of a variance or exception, findings shall specifically identify the unique characteristics of the property and the precise nature of the hardship. In the denial of a variance or exception request, findings shall specifically identify the standards that were not met.

(Ord. 96-555 § 10.8(G), 1997)

The historic zoning commission is established by this code.

A.

The commission shall consist of nine members who are residents of Davidson County with a composition as follows:

1.

One registered architect;

2.

One member of the Metropolitan Planning Commission;

3.

One member representing the Metropolitan Historical Commission of Nashville;

4.

Four members selected from the community, two of whom shall reside within an historic overlay district; and,

5.

Two members, each of whom must be one of the following:

a.

A property owner of real property lying within the area to which the Downtown Code applies where such property is either listed in the National Register of Historic Places or is within an historic overlay district; or

b.

A person whose principal place of business is located on real property lying within the area to which the Downtown Code applies where such property is either listed in the National Register of Historic Places or is within an historic overlay district; or

c.

A person having a business interest in real property lying within the area to which the Downtown Code applies where such property is either listed in the National Register of Historic Places or is within an historic overlay district.

B.

Members shall be appointed by the mayor and confirmed by the metropolitan council, serving five-year terms without compensation. Those members serving on the effective date of the ordinance codified in this title shall serve the remainder of their appointed terms and may be considered for reappointment if eligible. A member may be removed for just cause by the council following a public hearing. The mayor may appoint a replacement for the remainder of the term subject to council concurrence. The historic zoning commission shall elect from its members its own chairperson and other officers deemed appropriate to carry out its purpose. The commission shall adopt rules of order and establish regular meeting dates. At least five members of the commission shall constitute a quorum for the transaction of its business. The concurring vote of four members of the commission shall constitute final action of the commission on any matter before it.

(Ord. BL2012-280 § 1, 2012; Amdt. 1 to Ord. BL2012-181 § 1, 2012; Ord. BL2012-181 § 1, 2012; Ord. 96-555 § 10.9(A), 1997)

A.

Creation of Historic Overlay Districts. The historic zoning commission shall review applications calling for the designation of historic overlay districts according to the standards contained in Chapter 17.36, Article III, referring written recommendations to the metropolitan council. Establishment of an historic overlay district on the official zoning map shall be in accordance with Section 18.02 of the Metropolitan Charter and Article III of this chapter.

B.

Establishment of Design Review Guidelines. The historic zoning commission shall adopt design guidelines for each historic overlay district and apply those guidelines when considering preservation permit applications. Design guidelines relating to the construction, alteration, addition and repair to, and relocation and demolition of structures and other improvements shall be consistent with the National Historic Preservation Act of 1966, as amended. A public hearing following the applicable public notice requirements of Article XV of this chapter shall precede the adoption of all design review guidelines by the historic zoning commission. Testimony and evidence material to the type of historic overlay under consideration may be considered by the commission in its deliberations.

C.

Design and Demolition Review. The historic zoning commission shall make the following determinations with respect to historic overlay districts:

1.

The appropriateness of the exterior architectural design and features of, and appurtenances related to, any new structure or improvement;

2.

The appropriateness of the exterior architectural design and features of any addition to the existing structure;

3.

The appropriateness of exterior alterations and repairs to an existing structure;

4.

The appropriateness of relocating any building out of, into, or within the boundaries of an historic overlay district; and

5.

The appropriateness of the maximum size of buildings and structures on a lot and the buildable area within which a building can be located, including setbacks and height; and

6.

The appropriateness of demolishing any structure or other improvement. As a condition of any permission to demolish a structure or other improvement, the historic zoning commission may require historical documentation in the manner of interior and exterior photographs, architectural measured drawings of the exterior, or other notations of architectural features, all at the expense of the commission;

7.

The historic zoning commission may take into consideration the historical or architectural significance of the subject structure or improvement; and the impact of the proposed undertaking on the historic character and integrity of the district as a whole.

D.

Historic Property Review Board. The historic zoning commission shall carry the responsibilities and perform the duties of the historic property review board as established in T.C.A. § 67-5-218.

E.

Right of Entry Upon Land. In performance of its duties, the commission and its staff may access the grounds of any land within its jurisdiction to make examinations and surveys or post public notices as required by this Zoning Code; however, this code does not empower right of entry into a building without the consent of the owner.

F.

Use of Land. The use of property located within an historic overlay district shall be governed solely by the associated base zoning district or an approved PUD master development plan.

G.

Compliance with T.C.A. § 7-51-1201 et seq. For the purposes of complying with T.C.A. § 7-51-1201 et seq., the historic zoning commission shall make the determination of whether a structure for which a demolition permit has been applied for meets the criteria of T.C.A. § 7-51-1201. If the historic zoning commission determines that the structure at issue meets the criteria of T.C.A. § 7-51-1201, it shall initiate legislation to allow the Metropolitan Council the opportunity to approve or disapprove the demolition in accordance with T.C.A. § 7-51-1201 et seq.

(Ord. BL2019-3 § 2, 2021; Ord. BL2007-45 § 1, 2008; Ord. BL2005-864 § 1, 2006; § 4(7) of Amdt. 1 with Ord. 96-555 § 10.9(B), 1997)

A.

Permit Required. Any person undertaking any action for or with respect to any structure located within any of the historic overlay districts listed in [Section] 17.36.110 shall first obtain a preservation permit from the historic zoning commission. No person may undertake any action for or with respect to any structure located within any of the historic overlay districts listed in [Section] 17.36.110 without first obtaining a preservation permit. These actions include exterior alteration, repair, relocation, demolition in whole or in part, or new construction. In the case of Historic Landmark Interior (HI) designations, these actions include interior renovations, alterations, repairs, or demolition in whole or in part. The design and demolition review of the historic zoning commission shall be memorialized in the preservation permit. The preservation permit must be followed from commencement through completion of the work.

B.

Consideration of Applications. The historic zoning commission shall meet within fifteen working days after receipt of an application for a preservation permit that includes sufficient data for review. Failure of the commission to act within thirty days after receipt of a sufficient application shall be deemed an approval except when a mutual agreement has been made to extend the time limit. The commission may conduct a public hearing prior to final action on any application.

C.

Preservation Permit. Upon approval of an application, the historic zoning commission shall issue a preservation permit to the applicant and transmit a copy to the zoning administrator. A certificate of zoning compliance shall be issued only if work is in conformance with the preservation permit.

D.

Disapproval by the Historic Zoning Commission. With the disapproval of an application, the historic zoning commission shall state in writing to the applicant the bases for that action in terms of the applicable design guidelines. The notice of disapproval may also be transmitted to the zoning administrator.

E.

Determination of Economic Hardship. In reviewing an application to remove an historic structure, the historic zoning commission may consider economic hardship based on the following information:

1.

An estimated cost of demolition and any other proposed redevelopment as compared to the estimated cost of compliance with the determinations of the historic zoning commission;

2.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the subject structure or improvement and its suitability for rehabilitation;

3.

The estimated market value of the property in its current condition; its estimated market value after the proposed undertaking; and its estimated value after compliance with the determinations of the historic zoning commission.

4.

An estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure.

5.

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

6.

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.

7.

Any other information considered necessary by the commission to a determination as to whether the property does yield or may yield a reasonable return to the owners.

8.

Hardship Not Self-Imposed. The alleged difficulty or hardship has not been created by the previous actions or inactions of any person having an interest in the property after the effective date of the ordinance codified in this title.

(Ord. BL2018-1418 § 1, 2019; Ord. BL2012-88, § 1, 2012; Ord. 96-555 § 10.9(C), 1997)

There shall be a moratorium period on the granting of permits for demolition, relocation, new construction, exterior alterations, additions to structures or improvements on land recommended for designation as a historic overlay district. The moratorium period shall begin with the filing of an ordinance to designate an historic overlay district and end once the ordinance establishing the overlay district has been approved, rejected, withdrawn, deferred for a total amount of time equaling ninety days, or indefinitely deferred by the metropolitan council.

(Ord. BL2021-842 § 3, 2021; Ord. 96-555 § 10.9(D), 1997)

Unless exempt from the provisions of this chapter, no person shall remove or in any way damage any retained, protected or heritage tree without first obtaining a permit from the zoning administrator. Any tree which is damaged, destroyed or removed without the required tree permit shall be repaired according to accepted International Society of Arboriculture practices, or replaced with the equivalent density units of replacement trees as provided in Chapters 17.24 and 17.28.

(Ord. BL2022-1122 § 13, 2022; Ord. BL2018-1416 § 13, 2019; Ord. 96-555 § 10.10(A), 1997)

 Editor's note—Ord. BL2022-1122 § 14, passed May 17, 2022, repealed § 17.40.450, which pertained to designation of tree types and derived from Ord. 96-555 § 10.10(B), 1997; Ord. BL2018-1416 § 14, 2019. The user's attention is directed to § 17.28.065.

The following uses or activities shall be exempt from the tree removal requirements of this article.

A.

Commercial Growers. All commercial nurseries, botanical gardens, tree farms and grove operations shall be exempt from the provisions of this article, but only as to those trees and sites which were planted or managed for silvicultural or agricultural purposes or for the sale or intended sale in the ordinary course of business.

B.

Surveyors and Engineers. A Tennessee-licensed land surveyor or engineer in the performance of duties, provided such alteration or removal is limited to a swath of three feet or less in width and does not include any historic or specimen trees.

(Ord. 96-555 § 10.10(C), 1997)

The application procedures and standards for review of tree removal permit applications shall be as follows:

A.

Application Requirements. Any person desiring a tree removal permit, including any person or entity engaged in the business of tree removal services on commercial property, shall make written application to the zoning administrator upon forms provided by the zoning administrator along with the following information:

1.

The application shall include the name, address and telephone number of the landowner and/or agent.

2.

Except for development approved pursuant to Section 17.12.090 Conservation Development each application for a tree removal permit shall be accompanied by a tree survey based upon current information. An application for a tree removal permit for a Conservation Development approved pursuant to Section 17.12.090 shall submit a tree survey for any trees located outside of the natural areas required to be preserved in open space. The survey shall show the location, size and type of retained, protected and heritage trees upon the site, including common or scientific names. The survey shall indicate which retained, protected and heritage trees are intended for removal and/or grubbing and which will be left undisturbed. A final site plan prepared to the same scale shall be submitted which illustrates the following:

a.

The locations of existing and proposed buildings, layout of roads, utilities, parking areas for vehicles, storage areas for construction materials, and other items that disturb or compact the soil in tree root zones.

b.

Existing and proposed grades and subsequent erosion control measures to prevent siltation over the roots of protected and heritage trees and appropriate tree protection fencing for those trees.

c.

For a conservation development approved pursuant to Section 17.12.090 survey plans shall locate and label all natural areas to be preserved and show and label the limits of disturbance.

d.

For a conservation development approved pursuant to Section 17.12.090, the site analysis plan shall be included with the submittal.

3.

Each application for a tree removal permit shall include a plan for disposal of the tree.

4.

The application and accompanying documents shall be submitted in copies sufficient to administer this article.

5.

The filing of an application shall be deemed to extend permission to the urban forester to inspect the subject site if necessary for purpose of evaluating the application.

6.

Tree permits allowing for pruning or removal of trees necessitated by the installation and/or on-going maintenance of public utilities and communications facilities may be issued by the urban forester to public utilities and communications facilities for a period of one year and may be renewed annually subject to continued compliance with the conditions of this article.

B.

Tree Removal Permit Review Criteria. No permit for the removal of a retained, protected or heritage tree shall be granted unless the petitioner demonstrates one or more of the following conditions:

1.

The site has received development, site plan or subdivision approval.

2.

The tree is located in such proximity to an existing structure that the safety, utility or structural integrity of the structure is materially impaired.

3.

The tree materially interferes with the installation, servicing or functioning of existing or infrastructure, utility lines or services for which there is no feasible relocation alternative.

4.

The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

5.

The tree is diseased, insect ridden or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements.

6.

The removal of the tree is necessary to promote the growth of surrounding protected and heritage trees. Under this provision, the applicant must demonstrate a preference for protecting heritage trees. Trees removed pursuant to this subsection are exempt from tree replacement requirements.

7.

Any law or regulation requires the removal.

8.

The site will maintain the required tree density after the removal of specified trees either with retained trees or with the installation of replacement trees in accordance with Section 17.28.065.C Replacement of Trees.

C.

Tree Removal Permit Review Procedures.

1.

Applications that involve subdivision review or any form of site plan review before the planning commission, shall be reviewed by the planning commission in accordance with the applicable review procedures.

2.

Applications that do not involve final site plan review, but only the issuance of grading or building permits shall be reviewed by the zoning administrator and urban forester in accordance with the review procedures already in effect for the review and approval of such permits.

3.

The filing of an application shall be deemed to extend permission to the urban forester to inspect the subject site if necessary for purpose of evaluating the application.

4.

Unless otherwise specified, a tree removal permit shall automatically expire and become void if the work authorized by such permit is not commenced within six months after the date of the permit or if, once commenced, removal work is suspended, discontinued, or abandoned for a period equal to or greater than six months.

5.

Tree removal authorized by the approval of a final site plan or by approved subdivision construction plans shall remain valid concurrent with the approved plans.

6.

Notice of commencement and completion of the work or other activity authorized by the tree permit shall be made by signed affidavit to the urban forester as stated on the permit issued.

(Ord. BL2022-1122 § 15, 2022; Ord. BL2022-1121 § 14, 2022; Amdt. 1 to Ord. BL2018-1416 § 15, 2019; Ord. BL2018-1416 § 15, 2019; Ord. BL2004-371 § 1, 2004; Ord. BL2004-244 § 1, 2004; Ord. 96-555 § 10.10(D), 1997)

In the event that the urban forester determines that: (a) the site is located in the MUI, MUI-NS, CF, CF-NS district, or in any other district that may not provide for adequate required yard space to accommodate the total number of required replacement trees; or (b) the unique soil types, topography and/or unusual nature of the site would not assure growth of trees, the applicant may contribute to the tree bank an amount of money equal to the costs of providing the required density, according to a schedule promulgated by the urban forester and approved by resolution of the council.

The tree bank shall be a fund set up to receive monies from owners or developers who, for various reasons, remain unable to successfully plant and maintain trees on the site under development, with such monies to be used for the planting and maintaining of public trees. This article shall not apply to sites containing surface parking lots in the CF, CF-NS, MUI, MUI-NS districts.

(Ord. BL2019-111 § 1(Exh. A, § 51), 2020; Ord. 96-555 § 10.10(E), 1997)

A.

Exempt from Permits. No zoning permit or building permit is required for the following:

1.

Exempt signs (Chapter 17.32) which are not otherwise regulated by size, height, setback, number or duration of placement; or

2.

The painting, repainting or cleaning of a sign structure, or the changing of copy on a sign designed for changeable copy.

B.

Permits Required. No sign shall be constructed, installed or altered without first obtaining a zoning permit, a building permit and all other applicable permits. Application shall be made by the owner of the property on which the sign is to be displayed or by the owner's legal representative.

C.

Applications. In applying for a zoning permit and a building permit to install a sign, the applicant shall submit the following information:

1.

A site plan drawn to appropriate scale depicting the location of the proposed sign and all relevant features of the site, including location and size of other regulated signs; and

2.

Drawings and specifications, including elevations depicting the sign faces, dimensions, anchorage, materials and other data necessary to determine compliance with the requirements of this title and with the requirements of the metropolitan building code and the metropolitan electrical code.

D.

Compliance Tag. Upon installation of a sign, the installer shall certify to the department of codes administration that the sign was constructed in conformance with all applicable regulations. Upon issuance of a certificate of compliance, a compliance tag provided by the department of codes administration shall be permanently affixed and displayed on the sign.

(Ord. 96-555 § 10.11(A), 1997)

A.

General Procedures. Prior to issuance of a zoning permit for a permanent on-premises sign, an overall signage plan indicating the general locations, maximum dimensions and structural type of all signs to be located on the lot shall be filed with the zoning administrator. An authorization form for submittal of the overall signage plan shall be signed by all owners of the lot or their authorized agents. In case of conflict between the overall signage plan and any ordinance of the metropolitan government, the ordinance shall apply.

B.

Common Signage Plan. When more than one use or business is located on a lot, the overall signage plan for the lot shall be a common signage plan which shall provide for consistency among signs on the premises with regard to at least four of the following: Material; location of each sign on the building; sign proportions; color scheme; lighting; lettering or graphic style. The common signage plan shall establish an allowable area of signage for existing and future tenants with regard both to on-premises building and on-premises ground signs. The common signage plan shall be approved by the zoning administrator prior to issuance of any permits. For a development existing prior to the effective date of the ordinance codified in this chapter, a common signage plan must be submitted and approved if a new sign is to be added to the property. The common signage plan shall indicate existing nonconforming signs as well as the amount and location of on-premises signage to be allocated to each tenant under the new plan. If existing on-premises building signage exceeds an amount permitted by this title, a new or replacement tenant shall be allowed its share of on-premises building signage based on the approved common signage plan.

C.

Amending Signage Plans. Any overall signage plan, including a common signage plan, may be amended by filing a new plan which complies with all requirements of this title and includes a schedule for bringing any existing signs not in conformance with the proposed amended plan into compliance.

D.

Nonconforming Signs. Signs legally installed after the effective date of the ordinance codified in this chapter and subsequently made nonconforming because of an amendment to an overall or common signage plan shall be brought into compliance with the amended plan within six months.

(Ord. 96-555 § 10.11(B), 1997)

A.

Unsafe Signs. Should any sign be determined unsafe by the zoning administrator, upon receipt of written notice the sign owner shall: (1) remove the sign forthwith in the case of immediate danger, or otherwise within ten days; or (2) bring the sign into compliance with all provisions of this title within the same period. If such order is not complied with within ten days, in addition to other remedies the zoning administrator may have such sign removed at the expense of the owner.

B.

Illegal Signs. Any sign that was illegal under the sign regulations that preceded the ordinance codified in this title shall be illegal after the effective date of the ordinance codified in this title. Any sign which was erected without the required permits shall be deemed a continuing violation and shall not be considered under the provisions regarding nonconforming signs.

1.

Signs constructed, erected or altered without a permit as required by this article or by the provisions of prior regulations shall be illegal.

2.

An illegal sign and its appurtenances shall be removed in no more than ten days after written notice by the zoning administrator, or brought into compliance with all provisions of this title within the same period. If such order is not complied with within ten days, in addition to other remedies the zoning administrator may have such sign removed at the expense of the owner.

C.

Dilapidated Signs. All signs regulated by this title, including the panels constituting the signs, together with all supports, braces, guys and anchors, shall be maintained in good repair, so that all sign panels are affixed in place within the sign cabinet, frame, or similar structure and are complete and intact. In addition to any other available remedies, the zoning administrator may order the removal of any sign that is not maintained in accordance with this code, including the provisions of the metropolitan building code and the metropolitan electric code.

D.

Abandoned Signs. The zoning administrator shall notify in writing the owner or lessee of the sign that has been determined to be abandoned. The notice shall contain a removal order giving ten days for compliance. If the sign and its appurtenances are not removed within ten days, in addition to other remedies the zoning administrator may have the sign removed at the expense of the owner.

(Ord. BL2023-1858 § 2, 2023; Ord. 96-555 § 10.11(C), 1997)

An application for a zoning permit must be filed with the zoning administrator prior to any person or entity commencing any construction or alteration of a structure, initiating a change in the use of the property or for a telecommunication facility, including collocation. No building permit shall be issued except upon presentation of a valid zoning permit. However, an application for a telecommunications facility building permit for routine maintenance or for like-for-like replacements of equipment, consistent with departmental regulations, shall be submitted within ten days of such work being performed and include verification that the work performed was for routine maintenance or for like-for-like replacements of equipment, consistent with departmental regulations. If an applicant contends that they are exempt from this permitting requirement by virtue of TCA Section 13.24.305 due to the fact that they are placing an antenna or related equipment for an existing wireless telecommunications support structure, they shall submit documentation evidencing their eligibility for such exemption.

(Ord. BL2016-415 § 5, 2016; Ord. 2001-821 § 1, 2001; Ord. 96-555 § 10.12(A), 1997)

The application requirements for a zoning permit shall be established by the zoning administrator in a form and content appropriate to demonstrate that all structures or use of property will be done in compliance with all applicable provisions of this code. No zoning permit shall be issued:

A.

Prior to approval of a final site plan by the planning commission for properties requiring the commission's approval under Section 17.40.170 B.

B.

For development within a floodplain overlay district prior to approval of a grading and drainage plan by the department of public works;

C.

For erection of a structure within the airport overlay district prior to approval by the Metropolitan Nashville Airport Authority;

D.

For an adult entertainment establishment unless all locational standards established by Chapter 17.36, Article VII are satisfied;

E.

For a special exception use prior to approval by the board of zoning appeals; or

F.

For any manufacturing use or other use, where a compliance certification is required pursuant to Section 17.28.103 of this code.

(Ord. BL2009-586 § 1(Exh. A, § 49), 2010; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 10.12(B), 1997)

No zoning permit for construction that creates new floor area shall be issued by the zoning administrator prior to the approval of a final site plan and satisfaction of all applicable conditions (if any). If final site plan approval is conditioned upon the provision of public streets or utilities, no zoning permit shall be issued prior to the approval of a plat of dedication by the planning commission and the posting of any associated bonds (if necessary).

(Ord. 96-555 § 10.12(C), 1997)

The zoning administrator shall not issue any zoning, building or demolition permit for the construction, alteration, repair, demolition or relocation of a building or other structure within any historic overlay district, or for the construction, demolition, relocation or additions increasing habitable area of a building or other structure within an NC overlay district, without prior approval of the historic zoning commission.

(Ord. BL2021-843 § 3, 2021; Ord. 96-555 § 10.12(D), 1997)

Grading permits for property within the floodplain overlay district shall be in strict accordance with the requirements of Chapter 15.64, "An Ordinance for Storm Water Management" and Chapter 17.28, Article I of this code. Grading permits issued by the department of public works shall be consistent with an approved PUD master development plan (if applicable) and with a final site plan.

(Ord. 96-555 § 10.12(E), 1997)

No zoning permit shall be issued for construction within the airport overlay district prior to review and approval of the application by the Metropolitan Nashville Airport Authority.

(Ord. 96-555 § 10.12(F), 1997)

Following issuance of a zoning permit, no structure or zone lot shall be used or occupied until the zoning administrator has certified in a final inspection that the property is in full compliance with all applicable provisions of this Zoning Code. The certificate of compliance shall be posted within the building in a manner viewable by the public. Issuance of a certificate of compliance shall not be construed as waiving any provision of this Zoning Code.

(Ord. 96-555 § 10.12(G), 1997)

The zoning administrator is responsible for the enforcement of all provisions of this title and is authorized to stop work that has commenced without obtaining a required zoning permit or is otherwise not in keeping with an approved final site plan or zoning permit.

(Ord. 96-555 § 10.13(A), 1997)

If the zoning administrator has reason to believe that there is a violation of this title, the owner or the persons or entities determined to be in violation by the zoning administrator shall be notified. If necessary, governmental agencies or independent experts may be retained to perform tests to determine the existence and extent of a violation, with all associated costs assessed to the owner or the persons or entities determined to be in violation by the zoning administrator if a violation is verified.

(Ord. 2001-820 §§ 1,2,3 and 4, 2001; Ord. 96-555 § 10.13(B), 1997)

Any violation of this title shall be a misdemeanor offense punishable by law. Each day of a violation shall constitute a separate offense.

(Ord. 96-555 § 10.13(C), 1997)

Any violation of this title shall be assessed as a civil penalty at the rate of five hundred dollars per day. In addition, the zoning administrator is authorized to impose triple fees for a zoning permit when work has commenced or occupancy occurs without obtaining a required zoning permit.

(Ord. 96-555 § 10.13(D), 1997)

The zoning administrator may, in addition to other remedies, institute injunction, mandamus or other appropriate action to correct or abate a violation of this title. Where a violation exists, the zoning administrator may request that utility service be curtailed until the violation is corrected or abated.

(Ord. 96-555 § 10.13(E), 1997)

In order to protect the health, safety and general welfare of the community, land uses and/or structures which existed legally upon the effective date of the ordinance codified in this title, but which are not in conformance with all the applicable provision of this title, shall be subject to the provisions of this article to the fullest extent permitted by the Tennessee Code Annotated.

Nonconforming uses and structures shall be subject to the following limitations and controls in order to protect and preserve the full use and enjoyment of nearby properties. While legally nonconforming uses are generally permitted to continue by this title, further investment in such uses may be limited so as to encourage a relocation of the use to an appropriately zoned area. In the case of a few highly impactive uses, a reasonable period of time is established in which to bring the property into compliance with this title. It is the intent of this title to discourage increases in the existing degree of land use or structural nonconformance.

The following provisions apply to legally nonconforming uses of land, nonconforming improvements to the land, pre-existing lots or parcels of substandard size, uses nonconforming with respect to operational performance standards, and nonconforming signs. These provisions shall be applied in a manner consistent with Tennessee Code Annotated Section 13-7-208.

(Ord. 96-555 § 10.14(A), 1997)

A.

Continuing a Legally Nonconforming Use. A nonconforming use may continue subject to the following provisions:

1.

Land with Minor Improvements. In all residential districts, a nonconforming use of land with minor improvements shall cease within three years from the date of the ordinance codified in this title.

2.

Special Conditions for Scrap Operations. In all districts except IR and IG, nonconforming scrap operations shall conform to the buffering and operational provisions of Chapters 17.24 and 17.28 within three years of the date of the ordinance codified in this title.

B.

Inactivity of a Nonconforming Use. When a nonconforming use has been inactive for a period of thirty continuous months, the land and its associated improvements shall thereafter be used only in accordance with the provisions of this title. An intent to resume activity shall not qualify the property for a continuation of the nonconforming use. For the purposes of this subsection, the thirty month period of continuous ceased operation shall be tolled by:

1.

The period in which the use of the property is the subject matter of any action in a court of competent jurisdiction until such time that a final settlement, order, decree, or judgment has been rendered. For purposes of this subsection, "use of the property" shall mean a function or operation that constitutes an activity occurring on the property. Other litigation that does not pertain to the issue of use of the property, including but not limited to bankruptcy litigation, marital or estate asset distribution litigation, or a landlord/tenant dispute, shall not operate to toll the thirty month period of continuous ceased operation.

2.

The period during which a property was significantly damaged as a result of the severe rain event that occurred on May 1 and May 2, 2010, provided that in no event shall the period of inactivity exceed sixty months from the date of damage in order for the property to maintain status as a protected nonconforming use.

C.

Change of Nonconforming Use. A change in land use classification as defined by the district land use table of Chapter 17.08 shall be subject to the following provisions:

1.

When a nonconforming use is changed to a conforming use, all nonconforming protections offered by this code are forfeited.

2.

On land with minor improvements, a nonconforming use of land may be changed only to a conforming use.

3.

In all residential districts, a change in nonconforming use shall be subject to the following provisions:

a.

The nonconforming use of a building designed and constructed for residential activities may be changed only to a conforming use.

b.

The nonconforming use of a building designed and constructed for nonresidential activities may be changed to another nonconforming use upon a determination by the board of zoning appeals that the new nonconforming use will be more compatible with surrounding land uses than the existing nonconforming use.

4.

In all mixed-use and nonresidential districts, an existing nonconforming use may be changed to a new non-conforming use upon a determination by the board of zoning appeals that the new nonconforming use will be more compatible with surrounding land uses than the existing non-conforming use.

D.

Alteration of a Structure Containing a Nonconforming Use. For any use not otherwise protected by Tennessee Code Annotated Section 13-7-208 and subsection E. below, alterations other than incidental shall be permitted only though the issuance of a permit by the board of zoning appeals, but the floor area ratio (FAR) of the expanded use together with all other uses on the lot shall not exceed the maximum FAR currently permitted in the base zoning district.

E.

Damage or Destruction of a Structure Containing a Nonconforming Use. For uses not otherwise protected by Tennessee Code Annotated Section 13-7-208, damage or destruction of a building or other form of structure (except a sign) occupied or used by a nonconforming use may be restored pursuant to the following provisions:

1.

On land with minor improvements, the nonconforming use shall cease upon damage or destruction in the amount of twenty-five percent or more of the assessed valuation of all buildings, structures and other improvements on the property.

2.

In a residential district, a nonconforming use shall cease if fifty percent or more of the floor area of the building or structure is damaged or destroyed. When damage if to less than fifty percent of the floor area, the building may be restored within one year of the date of the damage. A structure containing a two-family nonconforming use within an RS and RS-A district many be restored within two years regardless of percentage of damage or destruction.

3.

In any non-residential district, any single-family dwelling that is damaged or destroyed may be restored within one year of the date of damage, regardless of the percentage of damage or destruction. The setbacks of the original dwelling shall apply to any reconstructed residential dwelling.

4.

Use of Alternate Formula. If requested by the property owner, the board of zoning appeals may substitute percentage of reconstruction cost for percentage floor area damaged. In estimating reconstruction costs, value of the land shall be excluded. Reconstruction cost data shall be provided by the property owner.

5.

Nonconforming use structures damaged or destroyed by flood. Notwithstanding the foregoing, a structure containing an industrial, commercial, business, or residential nonconforming use that was destroyed or significantly damaged as a result of the severe rain event that occurred on May 1 and May 2, 2010, may be restored within sixty months from the date of damage, regardless of percentage of damage or destruction. Otherwise, the structure shall be subject to all provisions of this title.

(Ord. BL2015-1153 § 16, 2015; Amdt. 1 to Ord. BL2012-92, §§ 1, 2, 2012; Ord. BL2012-92, §§ 1, 2, 2012; Amdts. 1 and 2 to Ord. BL2007-1543 § 1, 2007; Ord. BL2007-1543 § 1, 2007; Amdt. 1 with Ord. BL2005-631 § 1, 2005; Ord. 96-555 § 10.14(B), 1997)

The following provisions shall apply to all nonconforming structures not otherwise protected by Tennessee Code Annotated Section 13-7-208.

A.

Continuation of Use. The use of a nonconforming structure may be continued except as otherwise provided in this article.

B.

Repairs and Alterations. Repairs and incidental or structural alterations may be made to a nonconforming structure provided there is no increase in the degree of non-conformity.

C.

Enlargements or Conversions. A nonconforming structure may be enlarged or converted to another permitted use, provided there is no increase in the degree of non-conformity.

D.

Damage or Destruction of Nonconforming Structures.

1.

A nonconforming structure damaged by any involuntary means to less than fifty percent of its total floor area may be reconstructed. If damage exceeds fifty percent of the total floor area, the structure shall be reconstructed in accordance with all applicable provisions of this title. If requested by the property owner, the board of zoning appeals may consider percentage of reconstruction cost in lieu of percentage of floor area damaged or destroyed. The value of land shall be excluded.

2.

Notwithstanding the foregoing and regardless of the percentage of floor area damaged or destroyed, any nonconforming structure damaged or destroyed by the March 3, 2020, tornado may be reconstructed so long as there is not a substantial increase in the degree of non-conformity and the building permit is issued on or before March 3, 2025.

3.

A nonconforming structure utilized for the single family use or two family use that is damaged or destroyed by any involuntary means may be fully reconstructed so long as there is not a substantial increase in the degree of non-conformity of the structure.

(Amdt. 1 to Ord. BL2021-975 § 1, 2021; Ord. BL2021-975 § 1, 2021; Ord. BL2020-277 § 1, 2020; Ord. 96-555 § 10.14(C), 1997)

The following provisions shall apply to legally created lots less than the required minimum lot area.

A.

Single Family Structures in Residential and Agricultural Districts. Within the R and R-A, RS and RS-A, RM, RM-NS, RM-A, RM-A-NS, AR2a and AG districts, a single-family structure may be constructed on a legally created lot that contains less than the minimum lot area required by Tables 17.12.020A, 17.12.020B, 17.12.020C or 17.12.020D, provided the lot contains a minimum area of three thousand seven hundred fifty square feet and existed prior to the effective date of the ordinance codified in this title. Single Family Structures in R and R-A, RS and RS-A, RM, RM-A districts shall comply with the bulk standards of the district within the same classification of zoning district (R/R-A and RS/RS-A, RM or RM-A) in which the lot area would be conforming. If the application of these bulk standards results in a change in the minimum side setback, then the height of the single family structure shall be limited to 35 feet, including foundation height. Lots less than 5,000 square feet shall build to the 3' side setback for at least 25% of the depth of the structure beginning at the street setback.

B.

Two Family Structures in Agricultural Districts. A two-acre or larger lot (or parcel) in the AG district legally created prior to the effective date of the ordinance codified in this title shall be permitted a two-family structure.

C.

Industrial Districts. A nonconforming lot in a IWD, IR or IG district that was legally created prior to the effective date of the ordinance codified in this title shall have all development and use opportunities otherwise afforded by this title.

(Ord. BL2019-111 § 1(Exh. A, § 52), 2020; Ord. BL2015-1153 § 16, 2015; Ord. BL2013-419 § 1, 2013; Ord. BL2011-898 § 14, 2011; § 1(13) of Amdt. 1 with Ord. 96-555 § 10.14(D), 1997)

The following provisions shall apply to all uses not otherwise protected by Tennessee Code Annotated Section 13-7-208.

A.

Conforming Uses. Any otherwise conforming use which is in violation of the operational performance standards of Chapter 17.28 on the effective date of the ordinance codified in this title shall comply with those standards within ten years.

B.

Nonconforming Uses. Any nonconforming use which is also in nonconformance with an operational performance standard of Chapter 17.28 on the effective date of the ordinance codified in this title shall comply with the applicable standard within five years from the date of the ordinance codified in this title.

(Ord. 96-555 § 10.14(E), 1997)

The following provisions shall apply to legally permitted signs that were in compliance with all applicable regulations in effect at the time of installation, but are made nonconforming by the adoption of the ordinance codified in this title.

A.

Any sign prohibited by Chapter 17.32, including structures, posts, cables, bases to ground level and electrical wiring, shall be completely removed within sixty days of the effective date of the ordinance codified in this title.

B.

An existing on-premises sign may remain exempt from full compliance with the provisions of this title provided the sign does not obstruct a "visibility area" as defined by Chapter 17.20, Article III of this code, is maintained in good condition at all times, and is not abandoned. If qualifying for exemption in all other respects, a sign obstructing a visibility area may be raised in its current location to conform with the requirements of Chapter 17.20, Article III and remain exempt. An existing sign obstructing a visibility area in a CS and CS-A or CL and CL-A district is exempted if, without structural modification, the bottom edge of that sign has a minimum vertical ground clearance of eight feet or the front edge of the sign is at least ten feet from the front property line.

C.

A sign shall be brought into compliance with the provisions of this title if at any time the sign is altered, repaired, restored or rebuilt to the extent that the cost exceeds fifty percent of the estimated replacement cost of the sign (in current dollar value). If the alteration or repair is caused by involuntary damage or casualty, or is desired by the owner of the business existing on the effective date of the ordinance codified in this title, the fifty-percent standard will not apply and the sign may be altered or repaired to any extent. All permits within any six consecutive calendar months shall be aggregated for purposes of measuring the fifty percent standard.

D.

For single-tenant lots, a nonconforming sign shall be brought into compliance with this title when the principal land use on the lot is changed to a different use as described by the district land use table.

E.

For multi-tenant lots, each tenant may replace, alter, repair or restore an associated sign of a size not to exceed fifteen percent of the facade area of the building occupied by the tenant. Use of this provision must be noted on the overall signage plan.

(Ord. BL2015-1153 § 15, 2015; Ord. 96-555 § 10.14(F), 1997)

All public hearings required by this title shall be preceded by public notice as provided by this article.

(Ord. 96-555 § 10.15(A), 1997)

No council public hearing pertaining to an amendment to the official zoning map or zoning code shall be conducted unless notice has been given in a newspaper of general circulation in Davidson County no less than twenty-one days prior to the public hearing. The notice shall specify the date, time, location and nature of the public hearing.

(Amdt. 1 to Ord. BL2015-1100 § 2, 2015; Ord. BL2015-1100 § 2, 2015; Ord. 96-555 § 10.15(B), 1997)

A.

No public hearing shall be conducted unless, at least twenty-one days prior to the public hearing, the owner(s) of the subject property and all other property owners within one thousand feet of the subject property have been given notice of the time, date and place of the public hearing. Properties owned by the applicant shall not be included in the distance measurement for public notice. For a public hearing conducted by the board of zoning appeals, the appellant shall be notified by certified mail. In addition to notification of individual property owners, an incorporated condominium association registered with the metropolitan clerk as requesting notification shall also be notified. The provisions of this article shall not apply to the adoption or subsequent amendment of this title, or to amendments of the official zoning map involving floodplain or airport overlay districts.

B.

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

C.

The planning department shall have the responsibility for the preparation and mailing of written notices regarding the public hearing for amendments to the official zoning map initiated by a member or members of council that fall within the fee waiver exceptions in Section 17.40.740.C of the Metropolitan Code. The planning department shall also be responsible for all costs associated with the preparation and mailing of such written notices for three zoning applications per councilmember applicant each fiscal year. The planning department shall make reasonable efforts to combine public hearing written notices into one mailing to limit postage costs.

D.

1. For the subject property where the tax records reflect a mailing address that is different than the address of the subject property, then notification shall also be mailed to the address of the property. The following properties shall be exempt from this requirement:

a.

Properties included in the application of an Overlay District as listed in Chapter 17.36, excluding Planned Unit Development Overlays.

b.

Properties included in an application to rezone ten or more parcels filed by a member of the metropolitan council in their official capacity.

2.

If the subject property is designated as multi-family or mobile home park, in the official tax record, one sign shall be posted by the applicant at each ingress/egress onto the multi-tenant property. The signage shall comply with the requirements of subsections 17.40.730.B, 17.40.730.C.3, and 17.40.730.D and must be positioned in a manner to best inform the public residing at the multi-tenant property without creating a safety hazard.

E.

Historic Zoning Commission Preservation Permits. No action shall be taken by the historic zoning commission on a preservation permit application under Section 17.40.420 that is subject to commission review as defined in the historic zoning commission rules unless, at least eleven days prior to consideration of the application by the commission, the permit applicant provides written notice by U.S. Mail of the date, time, and place of the commission meeting to all property owners within two hundred fifty feet of the subject property. The applicant shall be responsible for the costs associated with the preparation of the written notices and shall be responsible for the mailing of such written notices.

(Amdt. 1 to Ord. BL2021-621 § 1, 2022; Ord. BL2021-621 § 1, 2022; Ord. BL2021-844 § 1, 2021; Ord. BL2019-1637 § 1, 2019; Ord. BL2016-349 § 1, 2016; Ord. BL2016-218 § 1, 2016; Ord. BL2015-1140 § 1, 2015; Ord. BL2014-715 § 1, 2014; BL2004-121 § 1, 2004; § 3(1) of Amdt. 1 with Ord. 96-555 § 10.15(C), 1997)

Public notice signs shall be posted in accordance with the following provisions on any property subject to council consideration of an amendment to the official zoning map, or to the consideration of a variance, hillside exception or a special exception use permit by the board of zoning appeals. Notwithstanding, the following provisions shall not apply to a change in zoning district title or the specific provisions therein upon the adoption or subsequent amendment of this title. Public notice signs shall be posted in accordance with subsection E of this section on any property subject to consideration of certain preservation permit applications under Section 17.40.420 by the historic zoning commission.

A.

General Requirements. Public notice signs shall be posted on any property subject to the public hearing provisions of this title. Public notice signs shall be installed by the owner or owner's representative of the property for which the public hearing is required, unless the applicant is a member of the metropolitan council or a department of the metropolitan government. Where the applicant is a member of the metropolitan council or a department of the metropolitan government, then the applicant or the appropriate department of the metropolitan government will be responsible for posting applicable public notice signs.

B.

Display Period. Public notice signs shall be installed on affected properties no less than twenty-one days prior to an established public hearing date, and shall be removed promptly by the landowner following closure of the public hearing.

C.

Number and Placement of Public Notice Signs. Public notice signs shall be posted according to the following standards:

1.

Number. One sign shall be posted along each three hundred feet of public street frontage. In cases involving large area rezonings initiated by the planning commission or the council, greater spacing intervals may be utilized as appropriate.

2.

Location. Whenever practical, signs shall be located within ten feet of a public street right-of-way and positioned in a manner to best inform the motoring public without creating a safety hazard.

3.

Size and Content. All public notice signs shall be of adequate size and design to be clearly visible and legible to the motoring public. At a minimum, a public notice sign shall specify the time, date and location of the scheduled public hearing, the general nature of the hearing, and a phone number for additional information.

D.

The planning department shall have the responsibility for the preparation of public notice signs for amendments to the official zoning map initiated by a member or members that fall within the fee waiver exceptions in Section 17.40.740.C of the Metropolitan Code. The planning department shall also be responsible for all costs associated with the preparation of such signs for three zoning applications per councilmember applicant each fiscal year.

E.

Historic Zoning Commission Preservation Permits. Public notice signs shall be posted on any property subject to a preservation permit application that is subject to commission review as defined in the historic zoning commission rules. The public notice sign shall be installed on affected properties no less than eleven days prior to the consideration by the historic zoning commission. One double-sided 24" (vertical) × 36" (horizontal) sign shall be posted for every fifty feet of public road frontage, excluding alleys, and whenever practical be located within ten feet of the right of way and positioned in a manner to best inform the monitoring public without creating a safety hazard. A sign placed pursuant to this subsection shall contain at a minimum the time, date and location of the scheduled public hearing at the historic zoning commission, the general nature of the hearing, and a phone number for additional information. The applicant shall be responsible for the cost of preparation of these public notice signs, the placement of the signs in accordance with this provision, and providing proof of compliance to the historic zoning commission.

(Amdt. 1 to Ord. BL2021-621 § 3, 2022; Ord. BL2021-621 §§ 2, 3, 2022; Ord. BL2016-218 § 2, 2016; Ord. BL2015-1100 § 1, 2015; Ord. BL2014-715 § 2, 2014; Ord. BL2014-685 § 1, 2014; § 3(2) of Amdt. with Ord. 96-555 § 10.15(D), 1997)

Standardized fee schedules may be established to partially defray the processing and administration costs associated with each type of application associated with this title. A fee schedule established by this article shall be authorized by passage of a resolution by the council. All application fees shall be paid to the metropolitan government by the applicant at the time of filing. A fee structure established under authority of the preceding code and in effect upon the effective date of the ordinance codified in this title shall remain in effect until superseded by a fee structure established under authority of this title. Fees shall be waived for the following:

A.

Applications initiated by any federal or state agency, any department of the metropolitan government, or the metropolitan development and housing agency;

B.

Any large area rezoning initiated by the planning commission to implement the general plan.

C.

Any rezoning request initiated by a member or members of council for the purpose of:

1.

Rezoning the property from a greater intensity residential use to a lesser intensity residential use (i.e., an "R" district to an "RS" district);

2.

Rezoning the property from an office, commercial, or industrial district to a residential or residential single-family district;

3.

Applying the urban design overlay district, historic preservation district, neighborhood conservation district, urban zoning overlay district, contextual overlay district, corridor design overlay district, residential accessory structure overlay district, two-story residential overlay district, or detached accessory dwelling unit overlay district as provided in Chapter 17.36;

4.

An amendment to or cancellation of a planned unit development (PUD) district after the planning commission has determined the PUD to be inactive in accordance with Section 17.40.120.H.; or

5.

For any other rezoning request initiated by a member of council, provided that each member of council shall be entitled to no more than three such fee waivers per fiscal year unless the rezoning request is consistent with subsections C.1 through C.4 of this section.

D.

Up to two applications per fiscal year submitted to the board of zoning appeals by a member or members of council that have an identified community benefit and meet at least one of the following requirements:

1.

The application is not for the benefit of an individual property owner or development.

2.

The property owner demonstrates an inability to pay the required fee for the application.

(Ord. BL2024-335 § 1, 2024; Ord. BL2022-1509 § 3, 2023; Amdt. 2 to Ord. BL2021-620 § 2, 2021; Ord. BL2021-620 § 2, 2021; Ord. BL2020-151 § 7, 2020; Ord. BL2019-1540 § 7, 2019; Ord. BL2016-218 § 3, 2016; Ord. BL2014-771 § 7, 2014; Ord. BL2014-715 § 3, 2014; Ord. BL2012-229 § 1, 2012; Ord. BL2010-725 § 1, 2010; Ord. BL2006-1173 § 1, 2006; Ord. BL2004-409 § 1, 2005; Ord. 96-555 § 10.16(A), 1997)

A.

The zoning administrator may develop for metropolitan council consideration fee schedules appropriate to partially or totally defray costs associated with the processing and review of final site plan applications for properties not subject to approval by the planning commission, and for all other permits reviewed under the jurisdiction of the zoning administrator.

B.

Telecommunications Facility.

1.

In addition to the fee schedule in subsection A. of this section, metro may require, in its sole discretion, a supplemental review by the Director of the Information Technology Services (ITS) Department or his designee, including an approved consultant, for any application for a telecommunication facility where new placement of telecommunications equipment on an alternative structure or new vertical support structures are sought or the complexity of the analysis requires technical expertise, and/or shall require the same for any request for a variance to Section 17.16.080.C., and all the costs of such review, in an amount not to exceed three thousand five hundred dollars, shall be borne by the applicant.

2.

Based on the results of the supplemental review, the zoning administrator may require changes to or supplementation of the applicant's submittal(s).

3.

The supplemental review may address any or all of the following:

a.

The accuracy and completeness of the application and any accompanying documentation, including the impossibility of co-locating.

b.

The applicability of analysis techniques and methodologies.

c.

The validity of conclusions reached.

d.

Whether the proposed telecommunications facility complies with the applicable approval criteria and standards of the Zoning Code and other applicable law.

(Ord. BL2016-415 § 6, 2016; Ord. BL2001-675 § 1 (part), 2001; Ord. 96-555 § 10.16(B), 1997)

The planning commission may develop for metropolitan council consideration fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

A.

A change in zoning district classification on the official zoning map;

B.

A change in the text of the zoning regulations;

C.

Applying, canceling or modifying a planned unit development (PUD) or an overlay district;

D.

A final site plan;

E.

The noticing by mail, advertising in a newspaper of general circulation, and posting signs for a public hearing deferred by the planning commission or the metropolitan council; and,

F.

A mandatory referral for an encroachment of the public right-of-way, a street name change, or the abandonment of a public street, alley or easement.

(Ord. BL2001-675 § 1 (part), 2001; Ord. 96-555 § 10.16(C), 1997)

The board of zoning appeals may develop for metropolitan council consideration fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

A.

A variance to a provision of this title;

B.

A special exception use;

C.

A change to a nonconforming use or structure;

D.

Any other application in which the board is required or requested to act.

(Ord. BL2024-335 § 2, 2024; Amdt. 1 to Ord. BL2008-285 § 1, 2008; Ord. BL2008-285 § 1, 2008; Ord. BL2001-675 § 1 (part), 2001; Ord. 96-555 § 10.16(D), 1997)

A.

Purpose. The purposes of this section are to promote the public health, safety and welfare by increasing the production of inclusionary housing units to meet existing and anticipated housing and employment needs; mitigating the impacts of increasing housing cost and provide housing affordable to low and moderate income households; providing for a range of housing choices throughout the city to avoid the concentration of poverty; and to provide a mechanism by which residential development can contribute in a direct way to increasing the supply of affordable and workforce housing in exchange for additional development entitlements other than those otherwise permitted as a matter of right.

B.

Applicability.

1.

When additional residential development entitlements are gained through an amendment to the official zoning map or when public resources or property is provided for a residential development, the rental residential units shall be subject to the provisions of this section as long as adequate financial incentives from the Metropolitan Government of Nashville and Davidson County are available. On projects where a funding cap limits the financial incentives available to less than the value calculated based on the difference between the market rate rent and the selected workforce rent, the set aside may be adjusted annually to align the needed incentive with the funding available. A property owner or developer with for-sale residential units may participate in the incentives of this section.

2.

For residential uses, developments fewer than five units are exempt. For the purposes of this subsection, "development" shall include any residential or mixed use development at one or more adjoining sites with common ownership or under common control, within a period of five years from the first date of the issuance of a building permit for construction.

3.

Inclusionary housing shall not be provided and no financial incentives shall be granted if the average unit sale price or rental rate is less than, or within 5% above 100% Median Household Income (MHI) market prices or rental rates for Nashville and Davidson County and the Inclusionary Housing Plan demonstrates that the census tract average market rate prices or average rental rates for comparable units are affordable to a household at 100% MHI.

(Ord. BL2016-133 § 1, 2016)

A.

Construction. The set aside for affordable or workforce housing shall be:

B.

In Lieu Construction.

1.

In lieu of meeting the inclusionary housing incentives on site, construction at the same rates included in subsection A of this section may be provided within the following distances from the development that is providing inclusionary housing:

i.

One mile along the corridor, if the development that is providing inclusionary housing is on a multimodal corridor designated in the Major and Collector Street Plan, excluding expressways, freeways and ramps.

ii.

A half mile, if the development that is providing inclusionary housing is not on a multimodal corridor designated in the Major and Collector Street Plan, excluding expressways, freeways and ramps.

iii.

In lieu construction shall not be permitted at an alternate location if the inclusionary housing plan demonstrates that the alternate location's census tract market rate prices or rental rates for comparable units are affordable to a household at 100% MHI.

2.

Use and occupancy permits for the affordable and/or workforce units shall be issued prior to the issuance of any use and occupancy permit for principal project.

C.

In Lieu Contribution. There is hereby established a housing incentives fund to be maintained as an administrative account by the finance department for the purpose of funding the incentives grant program. In lieu of meeting the inclusionary housing incentives for rental units on site, prior to the issuance of building permits, an in lieu contribution may be provided to the housing incentives fund as follows:

(Ord. BL2016-133 § 1, 2016)

A.

With the building permit application, the owner/developer shall submit an inclusionary housing plan, which documents the following:

1.

Number of total residential units provided under the site plan.

2.

Whether the development uses public resources or public property.

3.

Number of affordable or workforce housing units provided.

4.

Income levels of targeted families for affordable or workforce housing units.

5.

The proposed rents or sales prices and guarantee of limits on future rent increases or sales prices.

6.

Location of affordable or workforce housing units.

7.

Sizes of affordable or workforce housing units.

8.

Bedroom counts of affordable or workforce housing units.

9.

Market rate pricing or rental rates for comparable units within the census tract for the project site and, if applicable, the in lieu site.

10.

The party responsible for compliance reports, with approval from the office of economic opportunity and empowerment with assistance from the finance department.

B.

To ensure livability, inclusionary housing units shall be at least eighty percent of the average size of market rate units and the breakdown of bedroom counts of inclusionary housing units shall be similar to the breakdown of bedroom counts for the market rate units in the project. After the inclusionary housing square footage is allocated according to the distribution of market rate units, any remaining square footage too small for construction of a unit shall utilize the in lieu contribution option.

C.

Exteriors of inclusionary housing units shall closely resemble the exteriors of other units in a project.

D.

The owner shall ensure to the satisfaction of the metropolitan government that the inclusionary housing units will:

1.

Be occupied by eligible households.

2.

Be maintained as rental inclusionary housing units for a minimum of fifteen years from the date of initial occupancy and/or be maintained as for-sale inclusionary housing unit for thirty years from the date of initial occupancy.

(Ord. BL2016-133 § 1, 2016)

A.

Prior to the issuance of the first building permit, all standards for construction and Occupancy shall be documented on the building permit plans.

B.

Prior to the issuance of the use and occupancy permit, all standards for construction and Occupancy shall be satisfied and documentation provided to the codes department.

C.

During the applicable period, the owner, developer or designee shall provide a compliance report to the office of economic opportunity and empowerment in the form and manner determined by the office of economic opportunity and empowerment with assistance from the finance department. The party responsible for compliance reports shall be approved by the office of economic opportunity and empowerment and noted inclusionary housing plan. For for-sale developments, individual owners are not permitted to be the party responsible for compliance reports.

(Ord. BL2016-133 § 1, 2016)

A.

The provisions of Article XVII (Inclusionary Housing) shall expire and be null and void as of December 31, 2019, unless extended by resolution of the metropolitan council. This provision, commonly known as a "sunset provision," is included to ensure that the effectiveness and necessity of this section is reviewed by the metropolitan council after its adoption.

B.

Two years after its passage, the planning department shall conduct a study of the impact of Article XVII (Inclusionary Housing) and related incentives. This study shall include an assessment of the economic impact, impact on affordable housing and whether the incentives should be recalibrated. The study shall be delivered to the metropolitan council no later than six months before the sunset date.

(Amdt. 1 to Ord. BL2016-133 § 1, 2016; Ord. BL2016-133 § 1, 2016)