A.

In addition to the zone district bulk, landscaping, parking and other regulatory provisions of this title, supplemental development standards may apply to specific land uses when located in certain zone districts. The zoning district land use table references those specific uses which must comply with supplemental development standards as:

B.

Land use development standards are necessary because certain land uses are more unique or impacting than other uses in the same zone district and therefore conditions are established to insure compatibility with surrounding land uses. Other uses require large land areas, have unique operating characteristics, or tend to dominate the area more intensely than do other uses permitted in the same zone district. Some uses are socially and economically necessary in a particular zone district even though the potential may exist for the use to be incompatible with existing and future development. The development standards are intended to lessen and minimize incompatible land use relationships. Because the potential impacts cannot be satisfactorily predetermined for every location, some land uses are permitted in a zone district only as a special exception. Finally, other uses are uniquely incidental to other principal land uses and are appropriate when certain minimum standards are satisfied.

C.

No zoning permit shall be issued for any development or use of land listed as PC, SE or A in the zoning district land use table or the DTC zoning district land use table unless the use is in compliance with all applicable land use development standards. Where development standards of this chapter are in conflict with the minimum bulk regulations of Chapters 17.12 or 17.37, the more restrictive standard shall apply.

(Ord. BL2009-586 § 1(Exh. A, § 28), 2010; Ord. 96-555 § 4.1, 1997)

The land use development standards in this article apply to uses permitted with conditions, referenced as "PC" in the zoning district land use table, Section 17.08.030 or in Chapter 17.37.

For uses within the DTC zoning district designated as "permitted with conditions" (PC), these uses shall not be required to comply with the landscaping provisions or minimum distance requirements specified herein from a zoning district permitting residential use. However, these provisions shall apply where the DTC district abuts a R and R-A, RS and RS-A, or RM district, or a property with exclusively residential use regardless of its base zoning.

(Ord. BL2015-1153 § 16, 2015; Amdt. 1 to Ord. BL2009-586 § (Exh. A, § 29.a), 2010; Ord. BL2009-586 § 1(Exh. A, § 29), 2010; Ord. 96-555 § 4.2 (part), 1997)

(Refer to zoning district land use table)

A.

Consignment Sale. A consignment sale shall be permitted provided the following conditions are met:

1.

Consignment sale must be held or conducted in or upon real property, and must be accessory to the principal use of the land.

2.

Lot Area. A minimum lot size of three acres shall be required for any consignment sale.

3.

Within any calendar year, a maximum of two consignment sale events shall occur per lot. An event is defined as a consignment sale that may occur for one day, two days and at most three days per an event.

4.

Parking. Adequate off-street parking shall be provided to reduce traffic congestion and the blocking of driveways to other private or public properties.

5.

An auction of a decedent's personal estate and/or real property conducted by a licensed auctioneer shall not be counted as a consignment sale.

B.

Mobile Home Dwelling. In the mobile home park (MHP) zone district, the following supplemental development standards shall apply.

1.

Minimum size of park: Two acres under single ownership.

2.

Maximum density: Nine homes per acre.

3.

Landscape Buffer Yard. Where the perimeter of a mobile home park development abuts an R/R-A or RS/RS-A zone district, a minimum of landscape buffer yard Standard B-3 (fifteen feet) shall be applied, and where the development abuts a public street the minimum width of the buffer yard shall be C-2 (thirty feet).

4.

Open Space. A minimum of ten percent of the total land area within the MHP, excluding roadways, drives, off-street parking areas and required setbacks, shall be designated as open space.

5.

Mobile Home Park. Mobile home dwellings shall be permitted in a mobile home park on a two acre minimum tract under single ownership provided:

a.

Minimum lot area: Four thousand square feet per each individual lot or lease plot.

b.

Minimum lot width: Minimum of forty feet.

c.

Setbacks:

1.

Public/private street or private drive: Minimum of twenty feet.

2.

Rear property or lease line: Minimum of ten feet.

3.

Side property or lease line: Minimum of ten feet.

d.

Maximum height of any structure within the MHP: Thirty feet.

e.

Maximum floor area ratio (non-residential): .60.

f.

Maximum impervious surface ratio: .70.

g.

Street Standard. The mobile home park shall have direct access to an abutting improved public street designated or proposed as an arterial or collector street on the Major Street Plan. At a minimum, access and circulation within the park shall be provided by a paved driveway with a minimum width of twenty-four feet, permanently maintained by the landowner through conveyance of a private easement on a recorded property plat. If the paved driveway has visitor parking along it, the minimum pavement width of the driveway shall be increased to twenty-seven feet.

h.

Sidewalk. A sidewalk with a minimum width of four feet shall be provided along one side of all private drives within the MHP.

i.

Tenant Storage. A minimum of ninety cubic feet of enclosed tenant storage space shall be provided. The skirting of the undercarriage shall not be used for purposes of required tenant storage space.

j.

Skirting of Undercarriage. Each mobile home unit's frame, axles, wheels, crawl space storage area, and utility connection shall be concealed from view through use of durable all-weather materials manufactured specifically for the purpose of covering the undercarriage area of the unit.

6.

Board of Health Approval. A mobile home park development shall be reviewed and approved by the director of the metropolitan board of health in accordance with Chapter 10.40 of the Metropolitan Code of Laws and the rules and regulations promulgated by the metropolitan health department.

C.

Security Residence. A residence shall be permitted provided the following conditions are met:

1.

The residence is occupied by a security guard, the business owner or member of the owner's immediate family defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle;

2.

The residence must be accessory to the principal use of the land and either located directly above the business or within the same building as the business;

3.

The residence may not be rented;

4.

The residence must provide the required parking per Article II of Chapter 17.20;

5.

Only one residence is permitted on the property;

6.

No entrance to the residential unit, which would be visible from the street, may be added solely for the purpose of providing direct outside access to the street;

7.

An instrument shall be recorded with the register's office covenanting that the residence is being established as an accessory use and may only be used under the conditions listed above.

D.

Two-Family Dwellings. In the AG, AR2a, R80, R40, R30, R20, R15, R10, R8 and R8-A, and R6 and R6-A districts, two-family dwellings may be permitted on any lot provided:

1.

The lot is legally created and is of record in the office of the county register prior to August 1, 1984;

2.

The lot is created by the subdivision of a parcel of land in existence prior to August 1, 1984 into no more than three lots; or

3.

The lot is part of a subdivision having preliminary approval by the metropolitan planning commission on or before August 15, 1984, and having commenced any substantial site development or infrastructure improvements, such as utilities and streets, and a portion of such subdivision is recorded in the office of the county register prior to April 1, 1985; or

4.

The following:

a.

The lot is part of a subdivision,

b.

The subdivision has been approved by the metropolitan planning commission, and

c.

The total number of lots permitting two-family dwellings within the subdivision shall be limited to not more than twenty-five percent of the total number of lots within the subdivision, and

d.

The total number of lots within the subdivision permitting two-family dwellings shall be computed by disregarding and eliminating any and all fractions of a permitted two-family dwelling which results from the application of the twenty-five percent limitation to the total number of lots within the subdivision, and

e.

The lots permitting two-family dwellings are identified on the final plat and the locations of the two-family dwellings have been approved by the metropolitan planning commission so as to minimize the impact on any existing single family development, and

f.

The final subdivision plat has been recorded in the office of the county register; or

5.

The lot is part of a planned unit development authorizing two-family structures as enacted by the metropolitan council.

E.

Multi-family uses accessory to an artisan manufacturing use.

1.

A maximum of two units per lot shall be permitted as an accessory use to Manufacturing, Artisan use.

2.

Residential uses are supported by the Community Plan, as determined by the planning department.

F.

Adaptive Residential Development. A residential use shall be permitted provided a minimum of forty percent of the existing or proposed building's gross floor area is devoted to residential uses, subject to the following conditions:

1.

Applicability. The provisions of this section shall apply to any residential use permitted with conditions in a non-residential zoning district except when located within a Planned Unit Development Overlay district. If located within a Planned Unit Development Overlay district, residential uses are only permitted where the Council adopted preliminary master plan included residential uses as a permitted use.

2.

Design Standards. Except as noted below, all other requirements and standards established by other chapters of this title, as well as any other applicable metropolitan government, state, or federal regulation, shall apply to the development and use of properties shown on the final site plan. In case of conflict between the standards of this section and other chapters of this Zoning Code, the provisions of this section shall control, except for council-approved plans such as specific plan districts, planned unit developments, urban design overlay districts, and redevelopment districts.

a.

All Residential Uses. The standards of this section shall apply only to a building or portion thereof converted to residential use, any addition to an existing building for residential use, and any new construction building, where a minimum of forty percent of the building's gross floor area is devoted to residential use, as explicitly shown on the approved final site plan under the authority of Section 17.40.170(A) of this title. The standards of this section shall not apply to any building proposing to devote less than forty percent of the gross floor area to residential uses.

b.

Single-Family and Two-Family Residential Uses. Single-family and two-family uses shall be permitted only in an existing building.

3.

Residential Floor Area. In all non-residential districts that permit with conditions a residential use, no density or floor area ratio applies to those portions of a non-residential building converted to a residential use or to new residential construction.

4.

Building Orientation. In any new or existing building, a primary building entrance shall be oriented to the street. On a corner lot, entrances shall be oriented to each street.

5.

Driveway Access. For new construction, driveway access shall be determined in consultation with Nashville Department of Transportation with priority given to arterial and collector streets.

6.

Parking. Parking spaces shall be required for any residential, commercial and/or retail use in accordance with Chapter 17.20. Outside of the UZO, no more than one and one-half spaces shall be required per a residential dwelling unit. If parking is provided in a new deck or structure, the ground floor of the parking facility abutting a public street shall contain commercial or retail uses for seventy-five percent of the street frontage. The commercial or retail area shall have a minimum depth of twenty feet, a minimum height of fourteen feet (floor to floor) for the first floor of the garage at street level, with each storefront having between fifty-five percent and eighty-five percent glazed window area along the garage wall facing the public street. Upper levels of structured parking visible from public streets shall either be lined with active uses or screened with architectural screening.

7.

Multimodal Transportation Analysis. Multimodal transportation analysis shall be required per Section 17.20.140.

8.

Landscaping. Notwithstanding Section 17.24.050(A), any single addition that increases the total building area by twenty-five percent or more of an existing building, in whole or in part, shall provide landscaping as required by this title. Where the number of parking spaces is increased by twenty-five percent, either through a parking lot expansion or the construction of a new parking lot, interior parking lot landscaping shall be required.

9.

Final Site Plan Approval. A final site plan application shall be submitted for review and approval in a manner consistent with the procedures of Section 17.40.170(A) or 17.40.170(B), as applicable, and any supplemental information requested after review of the application. Final site plan applications shall be of sufficient detail to fully describe the ultimate form of development and demonstrate full compliance with all applicable standards. The zoning administrator, upon advice of the appropriate metropolitan government agencies, shall grant final site plan approval based on findings that the design, proportions, and articulation of the proposed residential use are compatible with, and do not impact, the abutting or adjacent uses.

10.

Alternative Design Standards. Where a proposed residential development cannot comply with the standards of this section, the applicant shall be required to submit for review by the board of zoning appeals a special exception, in accordance with Sections 17.16.140 and 17.16.150 of this title. The minimum filing fee shall be equal to a commercial application as per the adopted board of zoning appeals fee schedule. In granting such approval of a special exception application, the board shall determine that the applicant has demonstrated that the relief being requested will not be injurious to surrounding properties, nor violates the adopted general plan. Any special exception approved by the board shall fully comply with the standards of Subsection 12 of this section. The board shall not act on any application without first considering a recommendation from the planning department.

11.

Notice. Applicants seeking an adaptive residential development use shall provide mailed notice of the proposed use, including the total number of dwelling units proposed, to all property owners within one thousand feet of the subject property no more than twenty-one days following the application of any permit related to the proposed adaptive residential development. Properties owned by the applicant shall not be included in the distance measurement for public notice. In addition to notification of individual property owners, an incorporated condominium association registered with the metropolitan clerk as requesting notification shall also be notified.

12.

Short Term Rental Property. Lots developed with an adaptive residential use that have a majority of their street frontage on local street as shown on the adopted Major and Collector Street Plan or are located outside of the Urban Services District shall not be eligible for short term rental property — owner occupied or short term rental property — not owner occupied permits. Properties that have an active short term rental property permit in good standing prior to August 1, 2024, shall be exempt from this prohibition.

G.

Detached Accessory Dwelling Unit. A detached self-sufficient dwelling unit shall be allowed accessory to a principal structure subject to the following standards:

1.

Applicability.

a.

While the following conditions listed below apply to a detached accessory dwelling unit they do not counter-act or over-ride the applicable life safety standards found in the code editions adopted by the Metropolitan Government of Nashville.

b.

No accessory structure shall exceed two hundred square feet when there is a detached accessory dwelling unit on the lot.

2.

Lot Area. The lot area on which the detached accessory dwelling unit is to be placed shall comply with Table 17.12.020A.

3.

Ownership.

a.

No more than one detached accessory dwelling unit shall be permitted on a single lot in conjunction with the principal structure.

b.

The detached accessory dwelling unit cannot be divided from the property ownership of the principal dwelling.

c.

The detached accessory dwelling unit shall be owned by the same person as the principal structure and one of the two dwellings shall be owner-occupied.

4.

Setbacks. The setbacks for a detached accessory dwelling unit shall meet the setbacks found in Section 17.12.040.E. for accessory buildings.

5.

Site Requirements. A detached accessory dwelling unit may only be located behind the principal structure.

6.

Driveway Access.

a.

On lots with no alley access, the lot shall have no more than one curb-cut from any public street for driveway access to the principal structure as well as the detached accessory dwelling unit.

b.

On lots with alley access, any additional access shall be from the alley and no new curb cuts shall be provided from public streets.

c.

Parking accessed from any public street shall be limited to one driveway for the lot with a maximum width of twelve feet.

7.

Bulk and Massing.

a.

The living space of a detached accessory dwelling unit shall not exceed seven hundred square feet.

b.

On lots less than ten thousand square feet, the footprint of a detached accessory dwelling unit shall not exceed seven hundred fifty square feet

c.

On lots ten thousand square feet or greater, the footprint of a detached accessory dwelling unit shall not exceed one thousand square feet.

d.

The detached accessory dwelling unit shall maintain a proportional mass, size, and height to ensure it is not taller than the principal structure on the lot. The detached accessory dwelling unit height shall not exceed the height of the principal structure as measured to the eave line, with a maximum eave height of ten feet for single-story and seventeen feet for two-story detached accessory dwelling units.

e.

The roof ridge line of the detached accessory dwelling unit must be less than the primary structure and shall not exceed twenty-seven feet in height.

8.

Design Standards.

a.

The detached accessory dwelling unit shall be of similar style, design and material color as used for the principal structure and shall use similar architectural characteristics, including roof form and pitch, to the existing principal structure.

b.

The detached accessory dwelling unit may have dormers that relate to the style and proportion of windows on the detached accessory dwelling unit and shall be subordinate to the roofslope by covering no more than fifty percent of the roof.

c.

Detached accessory dwelling units may have dormers that are setback a minimum of two feet from the exterior wall.

9.

Historic Properties.

a.

Metro Historic Zoning Commission Action. Any existing or proposed detached accessory dwelling unit in a historic overlay district shall comply with the adopted regulations and guidelines of the applicable historic overlay.

b.

Detached accessory dwelling units with a second story dwelling unit shall enclose the stairs interior to the structure and properly fire rate them per the applicable life safety standards found in the code editions adopted by the Metropolitan Government of Nashville.

10.

Restrictive Covenant. Prior to the issuance of a permit, an instrument shall be prepared and recorded with the register's office covenanting that the detached accessory dwelling unit is being established accessory to a principal structure and may only be used under the conditions listed above.

(Amdt. B to Ord. BL2024-187 § 1, 2024; Amdt. A to Ord. BL2024-187 § 1, 2024; Ord. BL2024-187 § 1, 2024; Ord. BL2024-184 § 5, 2024; Amdt. 1 to Ord. BL2022-1531 § 1, 2023; Ord. BL2022-1531 § 1, 2023; Ord. BL2022-1508 §§ 2, 3, 2023; Ord. BL2017-980 § 1, 2017; Ord. BL2015-1153 §§ 15, 16, 2015; Ord. BL2015-1121 § 6, 2015; Ord. BL2014-770 § 3, 2014; Ord. BL2014-769 §§ 2—7, 2014; Ord. BL2014-684 § 2, 2014; Ord. BL2011-80 § 1, 2012; Amdt. 1 to Ord. BL2011-900 § 3, 2011; Ord. BL2011-900 § 3, 2011; Ord. BL2009-586 § 1(Exh. A, § 30), 2010; Ord. BL2009-552 §§ 1, 2, 2009; Amdts. 1 and 2 with Ord. BL2004-492 § 2, 2005; Ord. 2002-1011 § 1 (part), 2002; Amdt. 1 with Ord. BL2000-477 § 1 (part), 2000; Ord. 99-1642 § 1 (part), 1999; Ord. 99-1616 § 1 (part), 1999; Ord. 98-1268 § 1 (part), 1998; Ord. 98-1267 § 2, 1998; Ord. 96-555 § 4.2(A), 1997)

(Refer to zoning district land use table)

A.

Day Care Center—Up to 75.

1.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

2.

Lot Area. Where a minimum lot size is required, the minimum lot area shall be the same as the principal activity, except when in the opinion of the zoning administrator circumstances warrant otherwise.

3.

State Regulations. All requirements of the state that pertain to the use and operation of the facility shall be met.

4.

Multi-Family Buildings. The zoning administrator may waive the above standards for multi-family housing developments of two hundred or more units if compliance would disqualify an otherwise reasonable location.

B.

Day Care Center—Over 75.

1.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

2.

Lot Area. Where a minimum lot size is required, the minimum lot area shall be the same as the principal activity, except when in the opinion of the zoning administrator circumstances warrant otherwise.

3.

State Regulations. All requirements of the state that pertain to the use and operation of the facility shall be met.

4. Multi-Family Buildings. The zoning administrator may waive the above standards for multi-family housing developments of two hundred or more units if compliance would disqualify an otherwise reasonable location.

C.

Day Care Home—Small.

1.

Location. All day care home—Small uses shall be considered a conditionally permitted use and comply with the requirements of this subsection.

2.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

3.

Lot Area. Where a minimum lot size is required, the minimum lot area shall be the same as the principal activity, except when in the opinion of the zoning administrator circumstances warrant otherwise.

4.

State Regulations. All requirements of the state that pertain to the use and operation of the facility shall be met.

5.

Multi-Family Buildings. The zoning administrator may waive the above standards for multi-family housing developments of two hundred or more units if compliance would disqualify an otherwise reasonable location.

D.

Day Care Home—Large.

1.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

2.

Lot Area. Where a minimum lot size is required, the minimum lot area shall be the same as the principal activity, except when in the opinion of the zoning administrator circumstances warrant otherwise.

3.

State Regulations. All requirements of the state that pertain to the use and operation of the facility shall be met.

4.

Multi-Family Buildings. The zoning administrator may waive the above standards for multi-family housing developments of two hundred or more units if compliance would disqualify an otherwise reasonable location.

(Ord. BL2022-1073 § 3, 2022; Ord. 98-1268 § 1 (part), 1998)

(Refer to zoning district land use table)

A.

Community Education.

1.

Campus Size. Minimum campus size shall be based on the total enrollment capacity of the following school types:

;note; * ;hg;Public park space which abuts the school site may be calculated to meet the minimum campus size, provided the metropolitan board of parks and recreation approves the site for shared use.

2.

Setback. Where elementary and middle school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of fifty feet. Where high school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet. Notwithstanding any other provision of the Metropolitan Code of Laws, no new community education facility, as defined in Metropolitan Code of Law Section 17.04.060(B), shall henceforth be constructed within two thousand feet of the property line of any landfill or other waste disposal facility.

3.

Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard B shall be applied along common property lines.

4.

Street Standard. At a minimum, educational facilities shall have driveway access on streets that function at the minimum street standards below:

a.

Elementary: Any street; on minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block;

b.

Middle: Collector street;

c.

High: Arterial street; or the intersection of two collector streets.

5.

Reduced Lot Size. The board of zoning appeals may permit school facilities on smaller lot sizes than set forth above provided extracurricular activities are not offered by the school. Indoor/outdoor interscholastic and intramural competitive sports and outdoor physical education facilities are prohibited. Playgrounds and nature study grounds shall be permitted. The reduced lot size shall not be less than the following enrollment capacities.

a.

Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard A shall be applied along common property lines.

b.

Street Standard. Reduced lot size educational facilities may have driveway access on any street, except on a minor local street driveway access shall be permitted only if the institution is located on a corner lot.

6.

Community education facilities having a valid use and occupancy permit on the effective date of the ordinance codified in this code, and which cannot satisfy the locational or design standards of this section, may petition the board of zoning appeals as a special exception use under the provisions of Article III of this chapter.

7.

Required School Site Dedications. All required school site dedications shall follow the zoning requirements in effect at the time the dedication requirement was approved by the metropolitan council through the adoption of an amendment to the official zoning map, or the current requirements of Section 17.16.040, whichever is the least restrictive.

8.

Adaptive Reuse. Community education facilities shall be permitted to operate within an existing structure, regardless of lot size, subject to the following conditions:

a.

A valid use and occupancy permit was issued for the structure for use as a community education facility or a religious institution at any point within the previous five year period.

b.

The property upon which the structure is located has not been subdivided since the cessation of the previous use as a community education facility or religious institution in such a manner so as to reduce the lot size below the minimum lot size for community education facilities provided in this section.

B.

Vocational School.

1.

Landscape Buffer Yard. Screening in the form of landscape buffer yard B shall be applied along common property lines.

2.

Setback. Whenever a vocational school structure intended for vehicle repair, truck driving, manufacturing, production, or industrial equipment abuts a residential zone district or district permitting residential use, there shall be a minimum setback of fifty feet.

3.

Street Standard. At a minimum, a vocational school shall have driveway access on a collector street.

(Ord. BL2015-1098 §§ 2, 3, 2015; Amdt. 1 with Ord. BL2002-1273 § 6, 2003; Amdt. 1, 2 with Ord. BL2002-1171 § 6, 2002; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(B), 1997)

(Refer to zoning district land use table)

A.

Financial Institution. Financial institutions in the MUN, MUN-NS, MUN-A, MUN-A-NS, ON, CN, CN-NS, CN-A, and CN-A-NS zoning districts shall be limited to two thousand five hundred square feet of gross floor area per establishment.

B.

General Office. A general office shall be limited to two thousand five hundred square feet of gross floor area per establishment.

C.

Leasing/Sales Office. A leasing/sales office shall be limited to two thousand five hundred square feet of gross floor area per establishment.

D.

Alternative Financial Services.

1.

No alternative financial services establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another alternative financial services establishment is located. No more than one such establishment shall be located upon a single parcel.

2.

Alternative financial services establishments in the MUN, MUN-NS, MUN-A, and MUN-A-NS zoning districts shall be limited to two thousand five hundred square feet of gross floor area per establishment.

(Ord. BL2021-721 § 2, 2021; Ord. BL2019-111 § 1(Exh. A, §§ 21, 22), 2020; Ord. BL2018-1279 § 3, 2018; Ord. BL2016-132 § 5, 2016; Amdt. 1 to Ord. BL2016-117 § 4, 2016; Ord. BL2016-117 § 4, 2016; Ord. BL2015-1153 § 15, 2015; Ord. BL2014-908 § 3, 2014; Ord. BL2008-169 § 3, 2008; Ord. 96-555 § 4.2(C), 1997)

(Refer to zoning district land use table)

A.

Medical Office. Medical offices shall be limited to two thousand five hundred square feet of gross floor area per establishment, with no more than two establishments per lot.

B.

Veterinarian. The building footprint of veterinary offices and facilities shall be limited to four thousand square feet. The following shall apply:

1.

Animal boarding shall occur within completely enclosed structures.

2.

Landscape Buffer Yard. Outdoor exercise yards shall be completely fenced and used only between seven a.m. and seven p.m. Where such outdoor activities abut a residential zone district or district permitting residential use, landscape buffer yard Standard B shall apply along common property lines. A six-foot opaque vertical fence may substitute for landscaping; however the buffer yard width of landscape buffer yard Standard B shall still apply along common property lines.

3.

Boarding Kennel. Kennels for the boarding of companion animals not undergoing medical treatment are permitted as an ancillary use subject to the following conditions.

a.

No more than thirty percent of the gross floor area of the veterinary clinic may be used as a boarding kennel.

b.

No outdoor kennels or runs are permitted.

c.

No part of any building or structure in which animals are housed shall be closer than fifty feet from any existing residence located on an adjacent parcel.

d.

Cages. For a kennel, each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

e.

Watering of Animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

f.

On-Site Waste Collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products from the kennel shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams, or rivers.

g.

Building Temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs, and walls shall be of an impervious material to permit proper cleaning and disinfecting.

h.

Security Residence. The building footprint of an accessory security residence, if provided, shall be in addition to the maximum permitted building footprint of the veterinary clinic. All standards of Section 17.16.030(C) shall be met.

C.

Outpatient Clinic. Outpatient clinics shall be limited to clinics with no more than six thousand square feet, with use being limited to occupational health, which is to be defined as those clinics that provide outpatient services limited to the treatment of minor work-related injuries, physical examinations and drug and alcohol screenings.

(Ord. BL2022-1328 § 2, 2022; Ord. 2001-744 § 1, 2001; Ord. BL2000-480 § 1, 2000; Amdt. 1 with Ord. BL2000-242 § 1 (part), 2000; Ord. 96-555 § 4.2(D), 1997)

(Refer to zoning district land use table)

A.

After Hours Establishments.

1.

Street Standard. At a minimum, after hours establishments shall have driveway access on an arterial street.

2.

Setback/Location Restrictions. No after hours establishment shall be located within five hundred feet from the property line of any residential property. Distances shall be measured in a straight line from the closest point of the after hours establishment building to the closest point of the residential property line.

B.

Animal Boarding Facility.

1.

Setback. No part of any building or structure in which animals are housed shall be closer than two hundred feet, and no kennel run shall be located within one hundred feet, from any existing residence.

2.

Building Temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

3.

Cages. Each animal boarded at the facility shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

4.

Runs. Each run must have at least a six-foot high fence completely surrounding it. Fences must be maintained in escape-proof condition. Runs shall provide an adequate exercise area and protection from the weather. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

5.

Watering of Animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

6.

On-Site Waste Collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams or rivers.

C.

Automated Teller Machine (ATM). Where a drive-up ATM kiosk abuts a residential zone district or district permitting residential use, a minimum setback of twenty feet shall be provided and landscape buffer yard Standard B shall be applied within the setback.

D.

Automobile Convenience.

1.

Minimum Street Frontage. Each parcel shall have a minimum street frontage of one hundred feet on each abutting street.

2.

Gasoline Pumps. Gasoline pumps shall be at least twenty feet from any property line and a minimum of twenty feet from any public right-of-way.

3.

Automatic Car Wash.

a.

One automatic car wash, capable of washing only one car at a time, shall be located fifty feet away from any residential zone district or district permitting residential use.

b.

All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property.

c.

If located within one hundred feet of a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.

4.

Mini-Marts. Mini-marts may be permitted on the site of a service station, including restaurants co-located within the same building. A mini-mart in the IWD, IR or IG shall be limited to two thousand five hundred square feet of gross floor area, maximum. Parking shall be provided for each separate use pursuant to Chapter 17.20, Article II.

5.

Equipment Rental. Rental of equipment such as trailers and trucks shall be permitted subject to the following restrictions:

a.

The rental equipment does not occupy or interfere with the required parking for the gas station, mini-market (and/or restaurants);

b.

The rental of the equipment is clearly incidental and secondary to the main activity on the site; and,

c.

The storage of any rental equipment shall be located fifty feet away from any residential zoning district boundary or the property line of any property containing a residential use, and shall not be located abutting a public right-of-way.

6.

Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems.

7.

Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

8.

Vehicle Sales or Storage. No vehicle may be stored or parked on the premises for the purpose of offering it for sale.

E.

Automobile Repair.

1.

There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

a.

A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

b.

A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

2.

Driveways shall be consolidated if required by the metro traffic engineer.

3.

Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

4.

Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

5.

Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

6.

All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

7.

Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

8.

Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

9.

No automobile repair establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another automobile repair establishment, automobile sales, used establishment, or automobile services establishment is located.

10.

Automobile repair uses shall not be located within the floodplain or floodway, as designated on the current Flood Insurance Rate Map (FIRM) or any water quality buffer, as defined in the Stormwater Management Manual.

F.

Automobile Sales, Used.

1.

There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

a.

A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

b.

A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

2.

Driveways shall be consolidated if required by the metro traffic engineer.

3.

Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

4.

Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

5.

Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

6.

All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

7.

Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

8.

Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

9.

No automobile sales, used establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another automobile repair establishment, automobile sales, used establishment, or automobile services establishment is located.

10.

Automobile sales, used uses shall not be located within the floodplain or floodway, as designated on the current Flood Insurance Rate Map (FIRM) or any water quality buffer, as defined in the Stormwater Management Manual.

G.

Bar or Nightclub. Establishments shall be limited to two thousand five hundred square feet of gross floor area per establishment, with no more than one establishment per lot.

H.

Bed and Breakfast Inn. The bed and breakfast inn shall be limited to no more than ten guest rooms.

I.

Boat Storage.

1.

In the CL and CL-NS zoning districts, screening in the form of a Landscape Buffer Yard Standard B shall be applied along all residential zone districts and districts permitting residential uses. A twenty-five foot vegetation buffer shall be provided between any storage building and the closest residential property line. The maintenance standards set forth in Section 17.24.080 shall be applicable to all required landscaping.

2.

In the CL and CL-NS zoning districts, no building on the property may exceed eighteen feet in height.

3.

In the CL and CL-NS zoning districts, a boat storage use must be located within two miles of a public boat launching ramp. Such boat launching ramp shall provide access to a lake maintained by the U.S. Army Corps of Engineers. The parcel of land upon which the boat storage facility is located must be within a planned unit development (PUD) overlay district explicitly allowing boat storage as a permitted use.

4.

In the CS and CS-NS zoning districts, a boat storage use is not permitted within the Urban Zoning Overlay (UZO).

5.

In the CS and CS-NS zoning districts, a boat storage use must be located on a lot that does not exceed four acres in size.

6.

In the CS and CS-NS zoning districts, no more than one hundred boat slips shall be permitted.

J.

Car Wash.

1.

There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

a.

A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

b.

A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

2.

Whether automatic, free, self-service or by hand, the car wash structure (including wash bays) and any outdoor vacuuming machines or areas, shall be located a minimum of fifty feet from any residential zoned district or district permitting residential uses.

3.

All washing facilities shall be located within a structure which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property.

4.

Car washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than six nor more than eight feet height. If adjacent property is commercially developed and a solid wall already exists on the property line, the zoning administrator may modify or waive this requirement as necessary to achieve the purpose of this section.

5.

For facilities without defined stalls, a stall shall be calculated based on one stall being the equivalent to each twenty linear feet of washing area lane.

6.

If located within 100 feet if a residential zone district or district permitting residential uses, operation of the establishment shall be prohibited prior to eight a.m. or after ten p.m. on any day of the week.

7.

There shall be no outdoor loudspeakers or public address systems.

8.

No vehicles may be stored or parked on the premises for the purpose of offering for sale.

9.

Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

K.

Custom Assembly.

1.

In the MUN, MUN-NS, CN, CN-NS, CN-A, CN-A-NS, CA, CA-NS, SCN, SCN-NS zone districts, these activities shall be limited to two thousand five hundred square feet of gross floor area, and conducted only in completely enclosed buildings. No outdoor storage of materials or finished products shall be permitted.

2.

In the MUL, MUL-NS, CL, CL-NS, CL-A, and CL-A-NS zone districts, custom assembly shall be limited to five thousand square feet of gross floor area per establishment.

3.

In all zone districts, structures used for custom assembly activities shall not have any openings facing any residential zone district other than those required for emergency egress.

L.

Donation Center, Drop-off.

1.

Hours of operation. The donation center shall generally operate during the hours of nine a.m. to six p.m., seven days a week. Notwithstanding the foregoing provision to the contrary, the hours of operation may be adjusted to assure a high level of donor service and to maintain the premises in a clean and orderly manner.

2.

No retail sales shall be conducted at the center.

3.

No sorting or distribution of collected materials may occur on-site.

4.

No hazardous materials, autos or auto parts, bathroom or kitchen fixtures, guns, large appliances, mattresses and box springs, carpeting, construction materials, or office equipment shall be accepted for donation.

5.

All collected materials shall be picked up from the center at least once a week.

6.

Illegally dumped items shall be picked up nightly, seven days a week, or as required to maintain a neat and orderly appearance.

7.

Street Standard. At a minimum, donation centers shall have driveway access on an arterial street.

M.

Home Improvement Sales. Each establishment shall be limited to five thousand square feet of gross floor area. In the MUN, MUN-NS, SCN, and SCN-NS zone districts, each establishment shall be limited to ten thousand square feet of gross floor area, maximum.

N.

Nano Brewery.

1.

No outdoor storage shall be permitted.

2.

All beer production activities shall be within completely enclosed structures.

3.

Loading Docks: Loading docks shall not be oriented toward the street. Where the site abuts an R and R-A, RS and RS-A, RM, RM-NS, MUN, MUN-NS, MUN-A, MUN-A-NS, OR, or OR-NS zoning district, the building wall facing such lot shall not have any loading docks oriented towards these districts. Where these districts abut all sides, the loading dock shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such districts permitting residential use.

4.

Service Doors: Any service doors facing a public street or a zoning district permitting residential use shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such public street or district permitting residential use.

5.

Waste/By-Products. All by-products or waste from the production of the beer shall be disposed of off-site.

O.

Mobile Storage Unit.

1.

Within any calendar year, a lot of record shall have a maximum of one storage event for all units located on that lot. An event is defined as a storage period totaling no more than ninety days for all units. The storage period begins the day the first unit is located on the site and terminates ninety days thereafter regardless of how recently additional units may have been added to the existing storage area. If all units are removed prior to the ninety-day period on a lot, the storage period shall have been deemed to have occurred for that calendar year.

2.

All units shall be maintained in a good state of repair and appearance.

3.

All units shall be located at the rear or side of a building where excess parking exists.

4.

No unit shall be located in or prevent the use of a required parking space or drive aisle.

5.

No unit shall be stacked on top of another unit.

6.

No signage or advertising may be placed on the unit except the name and phone number of the rental or leasing company from whom the unit is being leased or rented.

P.

Pawnshop.

1.

In the MUN, MUN-NS, ORI, ORI-NS, CN, CN-NS, CN-A, and CN-A-NS zone districts, each establishment shall be limited to five thousand square feet of gross floor area, maximum.

2.

In the IWD, IR and IG zone districts, each establishment shall be limited to two thousand five hundred square feet of gross floor area, maximum.

3.

No pawnshop establishment shall be located less than one thousand three hundred twenty linear feet from the property line of another property upon which another pawnshop establishment is located.

Q.

Mobile Vendor. This use shall be allowed according to the following standards:

1.

This use shall be allowed only within a permanent, enclosed structure.

2.

No tables, crates, cartons, racks or other devices shall be used outdoors to increase the selling or display capacity of the mobile vendor outside the permanently, enclosed structure.

R.

Restaurant, Fast-Food/Restaurant, Full-Service/Restaurant, Take-Out.

1.

Each establishment shall be limited to five thousand square feet of gross floor area, maximum.

2.

In the MUN and MUN-NS districts, a restaurant, take-out, must be located within a permanent, enclosed structure.

S.

Retail.

1.

In the MUN, MUN-NS, ORI, ORI-NS, CN, CN-NS, CN-A, and CN-A-NS zone districts, each establishment shall be limited to five thousand square feet of gross floor area, maximum.

2.

In the MUL, MUL-NS, SCN, and SCN-NS districts, each grocery store shall be limited to fifty thousand square feet, maximum. All other retail uses shall be no larger than twenty thousand square feet.

3.

In the SCC and SCC-NS districts, each grocery store shall be limited to one hundred thousand square feet, maximum. All other retail uses shall be no larger than forty thousand square feet.

4.

In the IWD, IR and IG zone districts, each establishment shall be limited to two thousand five hundred square feet of gross floor area, maximum, unless the retail is accessory to a Manufacturing, Artisan use and a portion of the products are created or assembled on site.

T.

Self-Service Storage.

1.

Each storage unit shall be fully enclosed by walls and roof and shall not exceed six hundred square feet in area.

2.

Outdoor storage shall not be permitted, except for the parking of recreational vehicles, boats and trailers.

3.

Storage units shall not be used for the manufacture, processing or assembly of goods, the sale of goods or personal services on the premises, or customer pickup. Active use or activities such as the practice of musical instruments shall not be permitted within individual storage units or anywhere else on site.

4.

Storage units shall not have service door openings within thirty-five feet of a residential zone district.

5.

Service doors facing a public street or a residential zone district shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer yard. Chain link fencing, barbed wire and razor wire is prohibited along such public street or residential zone district.

U.

Short Term Rental Property Not Owner-Occupied. STRP not owner-occupied is permitted with conditions (PC) in MUN and MUN-A, MUL and MUL-A, MUG and MUG-A, MUI and MUI-A, OG, OR20 through OR40-A, ORI and ORI-A, CN and CN-A, CL and CL-A, CS and CS-A, CA, CF, DTC North, DTC South, DTC-West, DTC Central, SCN, SCC and SCR.

1.

All STRP not owner-occupied activity must be permitted in accordance with Metropolitan Code § 6.28.030.

2.

Single-family and one and two-family zoning districts, all property improvements shall comply with the Chapter 17.12 (District Bulk Regulations) for single-family or two-family uses, depending on the number of units on the property.

V.

Vehicular Rental/Leasing. This use shall be allowed as provided in the DTC zoning district. In the CF, CF-NS, SCR, and SCR-NS districts the use shall be limited to renting and/or leasing passenger automobiles, sport utility vehicles, pick-up-trucks (¾ ton or less), and small cargo work vans and passenger vans (gross vehicle weight rating of not more than ten thousand pounds), including incidental parking and servicing of these vehicles for rental or lease. No motorcycle, recreational vehicles, boats, recreational equipment, moving vans or moving trucks shall be rented or leased from the property. In addition, no "Automobile Repair" or "Scrap Operation" activities may occur on-site and no inoperable vehicles shall be stored on the property.

W.

Vehicular Sales and Service, Limited

1.

There shall be a physical separation of any automobile display area or any parking area from the public right-of-way. The separation shall be provided by one of the following options:

a.

A solid wall that is no less than 24 inches in height and no more than 36 inches in height. The wall shall be constructed of concrete, stone, split-faced masonry or similar materials; or

b.

A fence that is no less than 24 inches in height and no more than 36 inches in height that includes solid masonry pillars with wrought iron or similar materials between pillars.

2.

Driveways shall be consolidated if required by the metro traffic engineer.

3.

Chain link fence, barbed wire, razor wire or similar fencing is prohibited within 25 feet of a public right-of-way.

4.

Fencing or walls within 25 feet of a public right-of-way shall not be more than 36 inches in height.

5.

Service doors facing any district that permits residential uses or a legally occupied residential structure shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

6.

All buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be located a minimum of 25 feet from any district boundary that permits residential uses or a legally occupied residential structure, and all buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened from any district boundary that permits residential uses or a legally occupied residential structure by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.

7.

Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way.

8.

Billboards and/or digital signs are not permitted. On-premises ground signs shall be limited as follows:

(Ord. BL2020-187 §§ 1, 2, 2020; Amdt. to Ord. BL2019-78 § 1, 2020; Ord. BL2019-78 § 1, 2020; Ord. BL2019-111 § 1(Exh. A, § 23), 2020; Ord. BL2019-6 § 1, 2019; Ord. BL2019-1633 §§ 2—5, 2019; Ord. BL2018-1457 §§ 2, 3, 2019; Ord. BL2018-1183 §§ 1, 2, 2018; Amdts. 4—6, 8 to Ord. BL2017-608 § 7, 2018; Ord. BL2017-608 § 7, 2018; Ord. BL2016-267 § 3, 2016; Ord. BL2015-1153 §§ 15, 16, 2015; Ord. BL2015-1121 § 5, 2015; Ord. BL2015-1038 § 1, 2015; Ord. BL2014-908 § 4, 2014; Ord. BL2013-418 §§ 8—12, 2013; Ord. BL2012-312 § 2, 2012; Ord. BL2012-249 § 3, 2012; Amdt. 1 to Ord. BL2012-158 § 3, 2012; Ord. BL2012-158 § 3, 2012; Ord. BL2009-586 § 1(Exh. A, § 31), 2010; Amdts. 1, 2, to Ord. BL2008-299 § 3, 2008; Ord. BL2008-299 § 3, 2008; Ord. BL2008-169 § 3, 2008; Ord. BL2008-167 § 3, 2008; Amdt. 1 to Ord. BL2008-150 § 2, 2008; Ord. BL2008-150 § 2, 2008; Amdt. 1 to Ord. BL2006-1283 § 4, 2007; Ord. BL2006-1283 § 4, 2007; Amdt. to Ord. BL2006-973, 2006; Ord. BL2006-973 § 3, 2006; Ord. BL2006-972 § 3, 2006; Ord. BL2003-92 § 2, 2004; Ord. BL2001-674 § 1 (part), 2001; Ord. BL99-117 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(E), 1997)

(Refer to zoning district land use table)

A.

Printing and Publishing. Each establishment shall be limited to five thousand square feet of gross floor area, maximum.

B.

Communications Hut.

1.

Maximum Building Size. The gross floor area shall be limited to a maximum of five hundred square feet.

2.

Height. Height shall be limited to one story.

3.

Required Setbacks. A minimum setback of thirty feet from residentially zoned property or public rights-of-way is required and is measured from the building to the property line.

4.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect lighting levels.

5.

Landscaping.

a.

Perimeter Landscaping. Perimeter landscaping is required around the outside of the fenced area, or for sites without fencing around the communications hut, when the communication hut is visible from residentially zoned property, public rights-of-way or on metro property used by the public, such as parks, greenways, schools and housing developments.

b.

Landscape Materials. One tree shall be preserved or planted for each one hundred feet perimeter landscaping. Trees planted to meet this requirement shall measure a minimum of two inches in caliper, and six feet in height, as applicable for the type of material specified. The remaining area within the perimeter landscape strip shall be planted with one continuous row of evergreen shrubs which shall be expected to mature at a height not greater than two and one-half feet. The remainder of the area within all perimeter strips not occupied by trees or shrubs shall be covered by organic or mineral mulches, other shrubs, groundcover plants or grassed lawns.

c.

Maintenance. Landscaping shall be maintained as outlined in Section 17.24.080.

6.

Integration into Site. The communications hut may be integrated into a larger site design with walls or other enclosures with the approval of the department of the Metropolitan Government of Nashville Davidson County that owns the property. In cases of approved site design integration, landscaping and setback requirements may be waived by the zoning administrator.

C.

Telecommunications Facility.

1.

Application requirements. An applicant for a telecommunications facility, including co-locating on an eligible support structure or adding transmission equipment to an alternative structure shall provide the codes department and the historic zoning commission, for applications within Historic Overlays and/or public rights-of-way abutting a Historic Overlay, with the following information at the time of application for the final site plan or building permit (for eligible facilities requests, it is not necessary to meet the requirements of d through g, below):

a.

A schematic site plan, including schematic landscape plan for any application where landscaping is required, and an elevation view of the type of facility to be placed on the site. The site plan shall depict where the facility is to be located on the site and where additional co-located communication equipment, shelters or vaults will be or can be placed.

b.

If the application is not for collocation, a statement justifying why collocation is not possible. Such statement shall include:

(i)

Such structure and technical information and other justifications as are necessary to document the reasons why collocation is not possible; and

(ii)

The applicant shall provide a list of all eligible support structures and alternative structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were impossible due to technical or physical alternatives.

c.

Identification of any radio frequencies that would be utilized on the telecommunications facility. If any frequency is later changed, notice of the new frequency shall be provided to the Information Technology Services (ITS) Department.

d.

The applicant shall demonstrate that through location, construction, or stealthing, the proposed facility or network of facilities will have minimum visual impact upon the appearance of adjacent properties and the views and vistas from adjacent residential neighborhoods and pedestrian environment, while retaining viable opportunities for future collocation, provided applications for designs consistent with the design guidelines provided for in subsection 5.f of this section shall be deemed to have met the requirement of this subsection.

e.

Documentation of the number of other users that can be accommodated within the design parameters of the telecommunications facility as proposed.

f.

A statement indicating the owner's commitment to allow feasible shared use of the facility within its design capacity for collocation.

g.

The proposed site plan and design plans meet or exceed all applicable standards, including without limitation those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and Institute of Electrical and Electronics Engineers (IEEE) standards for power density levels and structural integrity, American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), the National Electrical Code, and the American Steel Institute. The telecommunications facility must comply with building codes and other federal, state, and local regulations, Applicant must also comply with Section 106 of the National Historic Preservation Act of 1966.

2.

Collocation Requirements. Collocation or location on existing alternative structures is required where possible. Applicants for a new Telecommunications Facility must explore all collocation opportunities and opportunities to locate their antenna on existing alternative structures. Applicant shall utilize eligible support structures first and then alternative structures.

3.

Removal of Abandoned Telecommunication Facilities: Any telecommunication facility that is replaced with a new or updated telecommunication facility, including conduit, wire or cable, or any telecommunication facility permitted under this chapter that is not operated as a personal communication system carrier application for a continuous period of twelve months shall be considered abandoned and the owner of such telecommunication facility shall notify the Codes Department of the abandonment and remove same within ninety days. Failure to do so shall be deemed to be a violation of these regulations. The owner of the antenna or tower may appeal the decision of the department of codes administration to the board of zoning appeals, but at such hearing shall be required to show just cause why the antenna or tower should not be considered abandoned and subject to removal.

4.

Telecommunication facilities outside of the public right-of-way.

a.

Landscape Requirements: Along all residential zone districts and districts permitting residential use, screening in the form of Landscape Buffer Yard Standard A shall be applied.

(i)

The following plants are prohibited from being used in any district, to buffer a telecommunications facility, including a new microwave or cellular tower due to problems with hardiness, maintenance, or nuisance: Kudzu Vine, Purple Loosestrife, Japanese Honeysuckle, Shrub Honeysuckle, Autumn Olive, Common Privet, Tree of Heaven, Lespedeza, Garlic Mustard, Paulownia, Multiflora Rose, Siberian Elm, Silver Poplar, Mimosa, Mulberry and Silver Maple.

(ii)

The maintenance standards set forth in Section 17.24.080 shall be applicable to all required landscaping.

b.

New support structures or substantial changes to eligible support structures 150' and greater, shall be designed to accommodate a minimum of three PWSF providers. This number shall be inclusive of any emergency management communication systems.

c.

A permit for a COW is limited to thirty days, but when circumstances reasonably warrant, the permit may be renewed.

d.

Additional provisions for substantial changes to eligible support structures or placement of new telecommunications equipment on alternative structures.

(i)

New telecommunications equipment placements on alternative structures, shall be designed with screening and other stealth elements so as to minimize the visual impact from a pedestrian viewpoint within any abutting public right-of-way, excluding alleys, even after any eligible facilities request. Once said alternative structure is approved and becomes an eligible support structure, any subsequent modifications must meet established design guidelines. The maximum height of a tower shall be determined by the height standards of Chapter 17.12.

(ii)

Communication equipment or any new structure that is integrated as an architectural feature of a structure so that the purpose of the facility for providing wireless services is not readily apparent to a casual observer or which is concealed within a building or structure so that it is architecturally indiscernible may be permitted in all zoning districts subject to building permit procedures and standards. Architecturally indiscernible shall mean that the addition or feature containing the antenna is architecturally harmonious in such aspects including but not limited to material, height, bulk, scale and design with the building or structure to which it is to be a part.

e.

Additional provisions for towers.

(i)

Setbacks. A tower shall be set back from all property lines on which the tower is located by the distance equal to the height of the lowest engineered break point on the proposed structure or the height of the tower.

(ii)

Lights. No lights shall be permitted on a tower except such lighting that is required by state or federal law.

(iii)

Height. The maximum height of a tower shall be determined by the standards of Chapter 17.12. Guy wire anchors, if used, shall be set back a minimum of five feet from all property lines.

(iv)

Final Site Plans: Final site plans for a tower shall be accompanied by a certification from a qualified structural engineer that the tower has sufficient structural integrity and equipment space to accommodate multiple users shall be required at the time of applying for a building permit.

(v)

Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new tower, the zoning administrator shall notify the district councilmember that an application for a new tower has been submitted. Such notification shall only be required when a tower is proposed within a residential district, a district permitting residential uses (excluding the MUI, MUI-NS, MUI-A, MUI-A-NS, ORI, ORI-NS, ORI-A, ORI-A-NS, CF, CF-NS, DTC, SCR, and SCR-NS districts), or within one thousand feet of the zoning boundary line of a residential district or a district permitting residential uses. Such notification shall also be required when a telecommunications facility is within a Historic Overlay District or right-of-way abutting a Historic Overlay District. Within thirty days from the date on which the tower application was filed, the district councilmember may hold a community meeting on the proposed tower. If a meeting is held, the applicant shall attend and provide information about the tower's safety, technical necessity, visual aspects, and alternative tower sites and designs considered.

(vi)

When an application to construct a new tower is received, the department of codes administration shall consult with the district councilmember, and the councilmember may request that the applicant accommodate tornado sirens and their associated equipment to further the public interest, as well as equipment needed for First Net. The councilmember's request shall be submitted in writing to the applicant within fifteen business days from the date the application was submitted to the Department of Codes Administration, and the request shall be accompanied by a written statement from the mayor's office of emergency management that a siren is needed in the area where the tower is to be located and that the proposed tower site is suitable for a siren. The applicant shall make good faith efforts to comply with this request, provided that if such use materially increases the cost of the tower, requires utilization of land otherwise reserved for additional wireless carriers on the tower, or would otherwise delay the permitting of the proposed tower, the applicant shall not be required to consider such request. Because tornado sirens require additional tower space and have varying design qualities, applicants will be allowed a fifty percent increase in height over the otherwise applicable height limitation and will not be required to utilize camouflaged designs, but shall comply with all applicable landscaping standards set forth in this section. This subsection applies to tornado sirens only and is not applicable for other public safety tower uses.

5.

Telecommunication facilities within public rights-of-way.

a.

Support structures and above-ground transmission equipment are prohibited within the pedestrian travelway, but may be located within a grass strip/green zone or frontage zone. For substantial changes to eligible support structures or for new telecommunications use of an alternative structure, the eligible support structure or alternative structure shall be relocated outside of the pedestrian travelway and all above-ground utilities consolidated with the permit application. For eligible support structures that already have wireless telecommunications facilities on them, the structure need not be relocated unless it exceeds the zoning height limitation set in subsection 17.16.080.C.5.d., unless such structure is owned by the metropolitan government.

b.

No new telecommunication facility support structure may be erected in the public right-of-way within 500' of an existing telecommunication support structure. The term "new telecommunications facility support structure" as used in this subsection shall not include a relocation and/or replacement of a pole pursuant to Section 17.16.080.C.5.a.

c.

New telecommunication facilities or relocated telecommunication facilities pursuant to subsection 17.16.080.C.5.a. shall place all transmission equipment, excluding antennas and remote radio units, underground to the extent possible consistent with departmental regulations. To the extent transmission equipment cannot be placed underground, business justification, excluding cost, for this must be provided.

d.

New telecommunication facility support structures may not be erected to a height greater than the height surrounding utility poles or street lights, whichever is greater. If no utility poles are present, the total height shall be built to a maximum height of 35', including antennas, lightning rods or other extensions. All new proposed structures, or a stealth telecommunications support structure replacing an existing support structure or alternative structure, within the ROW shall be designed for a minimum of two PWSF providers.

e.

A permit for a COW is limited to five days, but when circumstances reasonably warrant, the permit may be renewed.

f.

Telecommunication facilities shall be constructed consistent with the design requirements of the planning Department, and, where applicable, the historic zoning commission. The design guidelines will provide greater detail, description and examples of acceptable telecommunications facilities, including visual descriptions. The requirements in this section shall be in addition to those required by Chapter 6.26 of the Metropolitan Code.

6.

Recommendations and other actions from departments of the metropolitan government. Prior to the consideration of a variance for or issuance of a permit for a telecommunication facility, the following departments of the metropolitan government shall submit recommendations or approvals to the zoning administrator that describe compliance with all applicable design guidelines or other regulations:

a.

Metropolitan Development and Housing Agency (MDHA) shall provide a recommendation within a redevelopment district and/or public rights-of-way abutting a redevelopment district,

b.

Metro historic zoning commission shall provide a preservation permit within a historic overlay,

c.

Planning commission shall provide a recommendation for property within the downtown code, a planned unit development, urban design overlay, institutional overlay, specific plan, contextual overlay, or neighborhood landmark district,

d.

The department of information technology services shall provide a recommendation on all permits, with regard to the issue of interference with metropolitan government facilities.

(Ord. BL2019-111 § 1(Exh. A, § 24), 2020; Ord. BL2016-415 § 3, 2016; Ord. BL2014-747 § 3, 2014; Ord. BL2011-898 § 11, 2011; Ord. BL2009-586 § 1(Exh. A, § 32), 2010; Amdt. 1 to Ord. BL2009-462, § 1, 2009; Ord. BL2009-462, § 1, 2009; Ord. BL2003-1304 §§ 1, 2, 3, 4, 2003; Amdt. 1 with Ord. BL99-117 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(F), 1997)

(Refer to zoning district land use table)

A.

Artisan Distilleries.

1.

The maximum volume of alcohol distilled on site, regardless of ABV is limited to thirty-eight thousand seven hundred fifty gallons per month.

2.

The maximum volume of alcohol, regardless of ABV, on site shall not exceed fifty-five thousand gallons.

3.

The milling of grain is not permitted on site.

B.

Building Contractor Supply.

1.

No outdoor storage shall be permitted.

2.

Loading Docks. Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

3.

Landscape Buffer Yard. Where such facilities are on a lot adjacent to a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard D applied along common property lines.

4.

Maximum Building Size. The gross floor area shall be limited to twenty-five thousand square feet.

C.

Distributive Business/Wholesale.

1.

No outdoor storage shall be permitted.

2.

Loading Docks. Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

3.

Landscape Buffer Yard. Where such facilities are on a lot adjacent to a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard D applied along common property lines.

4.

Maximum Building Size. The gross floor area shall be limited to twenty-five thousand square feet.

D.

Manufacturing, Artisan.

1.

Outdoor Storage. Any activity storing materials outdoors shall construct an opaque fence to screen the ground-level view from any public right-of-way or of any residential use. Materials shall not be piled or staked higher than the opaque fence.

2.

Loading Docks. Where the site abuts a residential zone district or a district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district or district permitting residential use.

E.

Manufacturing, Light. All light manufacturing activities shall be within completely enclosed structures.

1.

No outdoor storage shall be permitted.

2.

Loading Docks. Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

3.

Landscape Buffer Yard. Where such facilities are on a lot adjacent to a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard D applied along common property lines.

4.

Maximum Building Size. The gross floor area shall be limited to forty thousand square feet.

F.

Manufacturing, Medium. Any medium manufacturing activity storing materials outdoors shall construct an opaque fence to screen the ground-level view of any residential use located in a zoning district permitting residential uses. Materials shall not be piled or stacked higher than the opaque fence.

G.

Tank Farm.

1.

Setback. Where the tank farm abuts a residential zone district or district permitting residential use, a minimum setback of one hundred feet shall be provided.

2.

Landscape Buffer Yard. Landscape buffer yard Standard D shall be applied within the above setback.

3.

The tank farm shall comply with National Fire Protection Association standards.

4.

A tank farm shall be permitted unlimited storage per Table 17.28.102 of this code provided all other conditions of this section and code are satisfied.

H.

Warehouse.

1.

Outdoor Storage. No outdoor storage shall be permitted.

2.

Loading Docks. Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential district.

3.

Landscape Buffer Yard. Where such facilities are on a lot adjacent to a residential zone district or district permitting residential use, screening in the form of landscape buffer yard Standard D shall be provided along common property lines.

4.

Maximum Building Size. The gross floor area shall be limited to twenty-five thousand square feet.

5.

Historic Eligibility. Only a nonresidential structure in the MUL, MUL-NS, MUL-A, MUL-A-NS, MUG, MUG-NS, MUG-A, MUG-A-NS, MUI, MUI-NS, MUI-A, and MUI-A-NS districts can be used for a warehouse and distributive business/wholesale use. The historical commission must have determined the structure is worthy of conservation, was constructed more than fifty years ago, and is being preserved with no additions, deletions or alterations which modify the building's square footage or significantly alters the building's exterior appearance (i.e. blocking out windows with brick or other material).

I.

Sex Clubs.

1.

No sex club shall be located within one thousand feet (measured property line to property line) of a residence, community education facility, day care, park, or religious institution.

2.

Sex clubs shall be prohibited from all of the following:

a.

Admitting members that are younger than twenty-one years of age;

b.

Admitting any new member without the affirmative vote of a majority of the other members;

c.

Accepting applications for membership without a current member's written recommendation; and

d.

Granting membership within twenty-four hours from the time a membership application is filed.

(Ord. BL2019-111 § 1(Exh. A, § 25), 2020; Ord. BL2016-327 § 2, 2016; Ord. BL2015-1121 § 3, 2015; Ord. BL2015-1099 § 3, 2015; Ord. BL2013-418 § 13, 2013; Ord. BL2011-898 § 12, 2011; Amdt. 1 to Ord. BL2010-647; Ord. BL2010-647 § 2, 2010; Ord. BL2006-972 § 3, 2006; Amdt. 1 with Ord. BL99-117 § 1 (part) 2000; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(G), 1997)

(Refer to zoning district land use table)

A.

Power/Gas Substation.

1.

Setback. All buildings and vehicle loading areas shall be located a minimum of fifty feet from any residential zone district or district permitting residential use.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied.

3.

Street Standard. On minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block.

B.

Reservoir/Water Tank.

1.

Setback. Where such facilities abut a residential zone district or district permitting residential use, a minimum setback of fifty feet shall be provided.

2.

Landscape Buffer Yard. Landscape buffer yard Standard D shall be applied within the above setback.

C.

Wind Energy Facility (small).

1.

Applicability. The wind energy facility shall comply with the standards of this title; however, where a facility cannot comply, the applicant shall be required to submit for a special exception permit. The special exception permit request shall be accompanied by a written document that identifies and describes the facility's compliance with the standards. Where compliance is not possible, the document will detail why the standards cannot be met, and what alternative standards are proposed by the applicant.

2.

Height. The height of any facility, whether building or tower-mounted, shall not exceed fifteen feet above the maximum building height allowed for the primary use in the subject zoning district as provided in this title.

3.

Setback. The facility shall not be sited within (a) a distance equal to the height of the facility from any occupied buildings, or private ways that are not part of the wind energy facility; or (b) one point five times (1.5×) the facility's height from the nearest property line, whichever is greater.

4.

Guy Wires. No guy wire anchors shall extend closer than five (5) feet to the property line. All outer and innermost guy wires must be must be marked and clearly visible to a height of six (6) feet above the guy wire anchors.

5.

Signs and Advertising. An information sign identifying the facility owner, facility manufacturer, and a 24-hour emergency contact phone number, along with warning sign(s) shall be required on the facility. In addition, an educational sign may be provided about the facility and the benefits of renewable energy. All such signs shall comply with the base zoning district's sign regulations for a non-residential use as provided in this title. No other advertising signs shall be allowed on or around the facility.

6.

Lighting. No lighting of the facility shall be permitted, except warning lights as required by state or federal law.

7.

Appearance. All components of the facility shall be in a neutral, non-reflective exterior color designed to blend with the surrounding environment.

8.

Noise. The facility shall not generate noise in excess of 60 decibels (dBA) measured at the closest neighboring occupied building, except during short-term events such as utility outages and severe windstorms.

9.

Separation Distance. The facility shall be located a minimum of 1,000 feet from any other wind energy facility.

10.

Shadow, Blade Glint, and Flicker. The facility shall be sited to minimize shadow, blade glint, and flicker impacts on any property within a minimum distance of 600 feet of the site property line.

11.

Utility Notification Plan. No wind energy facility shall be installed until the Nashville Electrical Service approves the applicant's site plan.

12.

Emergency Plan. The facility shall have an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

13.

Site Plan. No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first undergoing site plan review and obtaining a building permit. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Tennessee as a mechanical, structural, or civil engineer. The required site plan shall show, identify, display, dimension, and/or demonstrate the following:

a.

All property lines and existing buildings/structures on site and within 600 feet of the site. For buildings/structures, the purpose of each will be labeled on the plan as well as the distance of each from the facility.

b.

Location of the proposed tower, foundations, guy anchors, access roads, and associated equipment on the site parcel and within 600 feet of its boundary.

c.

Any existing overhead utility lines;

d.

Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a distance, measured from the wind turbine foundation, of 1.2 times the height of the wind turbine;

e.

Location of each existing wind energy facility, regardless of size or operational condition that are within 2,000 feet of the proposed facility.

f.

Proposed changes to the landscape of the site, grading, screening, vegetation clearing and planting, any required FAA lights;

g.

Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Tennessee as a mechanical, structural, or civil engineer demonstrating the facility is designed to meet the most stringent wind requirements;

h.

A statement by an engineer licensed in the State of Tennessee certifying that the proposed wind turbine will meet the noise standard established by this section. The engineer shall be certified by the Institute of the Noise Control Engineering of the USA (INCE/USA).

i.

One or three line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

j.

Documentation of the wind energy facility's manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and foundation type/dimensions;

k.

Photo visualizations of the facility pre- and post-construction shall be provided by the applicant in color showing how the facility will look, once installed. The visualizations will be from a minimum of three sight lines, including the nearest occupied building with a view of the wind facility, excluding buildings owned by the applicant or property owner.

l.

An operation and maintenance plan shall be submitted for the facility.

(Amdt. 1 to Ord. BL2009-477 § 3, 2009; Ord. BL2009-477 § 3, 2009; Ord. 96-555 § 4.2(H), 1997)

(Refer to zoning district land use table)

A.

Airport, Medium or Large Commercial Service.

1.

Minimum Area. The combined minimum area of all parcels shall be three thousand acres.

2.

Setback. Where transportation facilities, excluding passenger car parking lots, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred feet.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, airport land uses shall have driveway access on nonresidential collector streets. A traffic impact study shall demonstrate that the traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

B.

Park and Ride Lot.

1.

Location. The park and ride lot shall be associated only with a nonresidential use located within a residential zoning district.

2.

Street Standard. At a minimum, the parking lot shall have driveway access on a collector street.

3.

Shared Parking Agreement. Pursuant to Section 17.20.010, a shared parking agreement shall be required for all "park and ride lots" in residential zoning districts. The nonresidential use, whose parking lot is proposed as a park and ride lot, must have a peak parking demand that falls outside of the hours of 6:30 a.m. to 6:30 p.m.

4.

Lighting. All lots shall be lighted from dusk to dawn, and all light and glare shall be directed on-site.

5.

Telephone. One public pay phone shall be provided on-site, in a visible area with lighting.

6.

Waste Receptacles. Waste receptacles, at a rate of one receptacle per twenty-five parking spaces, shall be provided in the lot, in a fixed manner, to prevent trash from blowing onto public rights-of-way or into adjacent residential areas, and receptacle contents will be properly disposed of once a week.

(Ord. BL2019-32 § 3, 2019; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998)

(Refer to zoning district land use table)

A.

Construction/Demolition Landfill.

1.

Lot Size. The minimum lot area shall be one acre.

2.

Street Standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector or arterial street or a street designated on the major street plan.

3.

Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred feet from any property line, two hundred fifty feet from any residential zoning district boundary, and five hundred feet from any residential structure, and further, the facility shall not be located less than two thousand feet from the property line of any school or park.

4.

Landscape Buffer Yard. Along all adjacent residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied. In addition, the entire facility shall be enclosed by a chain-link-type fence constructed in conformance with Section 16.24.330 of the Metropolitan Code at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

5.

Recycling Facility. If located on the same lot as the construction/demolition landfill, a recycling facility shall be permitted as an accessory use provided it accepts construction/demolition waste only. The provisions of Section 17.16.110.D. shall not apply to an accessory use.

a.

All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

6.

Approval of the Metropolitan Council. Approval by the metropolitan council in accordance with Tennessee Code Annotated § 68-211-701, et seq. shall be required.

B.

Medical Waste.

1.

Lot Size. The minimum site area shall be five acres.

2.

Street Standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the major street plan.

3.

Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred feet from any property line, two hundred fifty feet from any residential zoning district boundary, and five hundred feet from any residential structure, and further, the facility shall not be located less than two thousand feet from the property line of any school or park.

4.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied. In addition, the entire facility shall be enclosed by a chain-link-type fence at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

5.

All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

C.

Construction/Demolition Waste Processing (Project-Specific).

1.

Applicability. The provisions of this section shall apply to any land use within Davidson County. No construction/demolition waste processing activity shall take place on any site that fails to comply with the provisions of this subsection.

2.

Waste Reduction and Recycling Plan: The applicant shall submit a plan to the director of public works and the director of codes administration for their joint review and approval describing and detailing how the project site and its construction and demolition waste will be gathered, separated, processed, and transported, including items a. through p. below. Additional information may be required by the reviewing agencies to ensure the property can safely and suitably handle the project's construction and demolition waste.

a.

Waste Manager. The plan shall designate and identify a person who will be responsible for all construction demolition waste management, including their name, title, mailing address, e-mail address, fax number, and 24/7 phone number to respond and handle all concerns involving the site's recycling methods, processes, materials, and flow of debris on and off-site;

b.

Waste Processing Location. The location where the project contractor shall divert construction and demolition debris for purposes of recycling, salvaging, and disposing of materials recovered from demolition of existing, or construction of new, buildings and structures on the project site.

c.

Lot Size. There is no minimum lot size for properties with a nonresidential base zoning district. For those properties with an agricultural or residential base zoning district, the waste processing location shall be at least ten times the base zoning district, or a minimum of one acre, whichever is less.

d.

Operation Timeline. The operating timeline for waste processing on the property from the initial start-up date to completion date, including any relevant milestone dates. A property shall have all waste processing equipment, materials, and ancillary items removed from it within ninety days of project completion, as defined in this title.

e.

Hours of Operation. The hours of operation for all activities to occur on the property, including a statement of compliance with Chapter 16.44 (Noise Control) of the Metropolitan Code of Laws;

f.

Materials and Storage. A completed waste reduction and recycling schedule in a form and content established by the director of public works, but at a minimum, it shall provide the following information for both the project-specific site and any off-site location:

i.

The type and estimated quantity of materials, including putrescible waste, to be generated, recovered, reused, salvaged, separated and processed on-site as well as off-site, including those materials that will be sold on the premises or off-site;

ii.

The on-site separation and storage method(s) to ensure salvaged materials are not contaminated before being reused on-site, transferred to an off-site location for further salvage or storage, or sold or given away to other entities;

iii.

The method and frequency of collection for the materials noted above;

iv.

The number of cubic yards to be stored on-site at any one time of processed and unprocessed materials;

v.

The on-site storage method for each of the materials noted above;

vi.

The on-site storage location for each of the materials noted above;

vii.

The recycling facilities and landfills that will receive materials noted above;

viii.

The hauling companies that will transport the materials noted above.

g.

Sale of Materials. Materials from the site that have been recycled, salvaged, recovered, or excavated may be given away, sold on the premises, or removed for reuse.

h.

Trash Dumpsters. The location of all trash dumpsters on the property for waste not to be recovered and/or generated.

i.

Public Health and Environment. A description of the on-site storage method and off-site transport methods that will be used to prevent dirt and materials from creating drift or becoming airborne, producing odors, leaking, littering, or generating run-off due to wet conditions due to weather or man-made activities so as not to create a health hazard, public nuisance, or fire hazard. All activities shall comply with all rules and regulations of the Tennessee Department of Conservation and Environment, Metropolitan Government Stormwater Regulations, and all other applicable local, state and federal laws and regulations.

j.

Security. A description of how the property will be secured to prevent illegal theft of materials and dumping, including lighting.

k.

Signage. A large and prominent sign measuring at least thirty-two square feet in size shall be installed on the project site's primary street frontage. At a minimum, the sign shall identify the project name, contact name, 24/7 contact phone number, project completion date, quantity and type of materials to be recycled and salvaged. If an off-site recycling location shall be used, the same sign shall be installed at that location too. Sign(s) shall be approved by the Metro Planning Department, prior to the issuance of any grading or demolition permits.

l.

Inactivity. A property shall be deemed inactive by the director of codes administration, if no activity has occurred on the property during any six consecutive months, regardless of the calendar year in which such inactivity occurred. Once deemed inactive, all waste processing activities shall cease until a new application for the project specific waste processing has been submitted, reviewed, and approved by the reviewing agencies.

m.

Waste Management Summary Report. Six months after the initial approval of the waste reduction and recycling plan, and every six months thereafter, the applicant shall submit to the directors of public works and codes administration a waste management summary report in a form and content established by the director of public works. At a minimum, the report shall provide the following information and documentation verifying the type and actual tonnage of materials generated, recovered, reused, salvaged, separated, discarded, and processed on-site as well as off-site.

n.

Notification. Prior to the issuance of a zoning permit, and immediately after receiving an application for a new or relocated construction/demolition waste processing (project-specific) use, the zoning administrator, shall notify the district councilmember that an application for such use has been submitted. Such notification shall only be required when the use is proposed within an agricultural or residential zoning district, or within one thousand feet of an agricultural or residential zoning district boundary line.

o.

Noncompliance. The directors of public works and codes administration shall determine if the applicant has complied with the approved waste reduction and recycling plan. If it is determined that the applicant has failed to comply with the applicant's waste reduction and recycling plan, the performance security shall be forfeited.

p.

Performance Security. The submittal of a letter of credit or cashier's check as performance security to the director of public works in an amount specified by the director for the removal of waste processing equipment, materials, and ancillary items. All forfeited performance securities shall be used for the purposes of making the property safe for public health and well-being and to promote recycling within Davidson County.

D.

Recycling Facility.

1.

Lot Size. The minimum lot area shall be one acre.

2.

Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred fifty feet from any zoning district boundary that permits residential uses or a legally occupied residential structure.

3.

Landscape Buffer Yard.

a.

Along all residential zoning districts permitting residential use, opaque fencing at least eight feet in height shall be constructed in compliance with the terms of Section 17.24.210(G) of the landscape buffer yard requirements. The fencing requirements set forth herein shall supercede the setback requirements for screening walls and fencing contained in Section 17.12.040. Screening in the form of landscape buffer yard Standard D shall be applied outside any required opaque fencing.

b.

For facilities not adjacent to a zoning district that permits residential uses, the entire facility shall be enclosed by a chain-link type fence at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

4.

Street Standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the major street plan. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D," and it is forecasted to remain at a LOS D or better with the proposed recycling facility traffic.

5.

All compacting, sorting, processing or storage shall take place within a completely enclosed building. The term "completely enclosed building" means a structure with at least four walls and is totally enclosed when all doors are closed. The enclosed area(s) of a recycling facility shall have concrete floors or floors made of some other hard material that is easily cleanable. All loading and unloading shall take place:

a.

On a partially enclosed loading dock when the loading dock connects directly to the completely enclosed building in which compacting, sorting, processing or storage takes place; or

b.

Within a Completely Enclosed Building. If a recycling facility utilizes a loading dock for loading and unloading, the loading dock shall not be used for storage and shall be cleaned of all materials at the close of each business day. The areas around loading docks and other high-traffic areas shall be paved.

6.

Hours of Operation. The hours of operation for any recycling facility located adjacent to a zoning district that permits residential uses shall be limited to 7:00 a.m. to 6:00 p.m.

7.

Lighting. For any recycling facility located adjacent to a zoning district that permits residential uses, all light and glare shall be directed on-site to ensure that surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

E.

Sanitary Landfill.

1.

Lot Size. The minimum lot area shall be one hundred acres.

2.

Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred feet from any property line, two hundred fifty feet from any residential zoning district boundary, and five hundred feet from any residential structure, and further the facility shall not be located less than two thousand feet from the property line of any school or park.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, driveway access shall be from a collector street. The collector street shall not be bounded by any residential zoning district from the driveway access point to the street's intersection with an arterial street. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D," and it is forecasted to remain at a LOS D or better with the proposed landfill traffic.

5.

Approval of the Metropolitan Council. Approval by the metropolitan council in accordance with Tennessee Code Annotated § 68-211-701, et seq. shall be required.

(Ord. BL2017-799 §§ 3, 4, 2017; Ord. Bl2014-772 § 1, 2014; Ord. BL2010-635 § 3, 2010; Amdt. 1 to BL2010-634; Ord. BL2010-634 § 1, 2010; Ord. BL2004-156 § 1 (part), 2004; Amdt. 1 with Ord. BL2002-1273 §§ 1, 2, 2003; Amdt. 1, 2 with Ord. BL2002-1173 §§ 1, 2, 2002; Amdt. 1 (part) with Ord. BL99-86 § 1, 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(I), 1997)

(Refer to zoning district land use table)

A.

Convention Center/Stadium/Arena.

1.

Lot Size. The minimum lot area shall be fifteen acres.

2.

Setback. Where the structure and related facilities, excluding passenger car parking lot, abut a residential zone district or district permitting residential use, there shall be a minimum setback of two hundred fifty feet.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, primary access shall be from a nonresidential collector street which has primary access to a street designated on the major street plan.

5.

Traffic Management Study. A traffic management study shall be required.

B.

Driving Range.

1.

Street Standard. At a minimum, driveway access shall be from a collector street.

2.

Location. The driving range shall be located so that it is one hundred feet away from any residential zoning district boundary or the property line of any property containing a residential use.

3.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

4.

Retail/Restaurant. A snack-bar and pro-shop shall be permitted on the same parcel as the principal use provided it is contiguous to the area where people stand to drive golf balls. The combined area of the snack-bar and pro-shop shall not exceed one thousand five hundred square feet. The snack-bar shall not provide any sit-down food service or alcoholic beverages.

5.

Fencing. Adequate fencing shall be provided to ensure golf balls do not fly into abutting or adjacent properties and streets.

C.

Park.

1.

Location. Notwithstanding any other provision of the Metropolitan Code of Laws, no new park, as herein defined, shall henceforth be constructed within two thousand feet of the property line of any landfill or other waste disposal facility.

D.

Small Outdoor Music Event.

1.

Setback. The stage and sound amplification equipment shall not be oriented toward any residence located within three hundred feet of the property line upon which the small outdoor music event is to be held. Further, sound amplification equipment shall be oriented so that sound is directed away from the closest residential property. For purposes of this subsection, "sound amplification equipment" means small portable sound systems of maximum three hundred watts, microphones, and amplified acoustic musical instruments.

2.

Noise. A maximum noise level of seventy-five decibels on the A-weighted scale shall be permitted to occur at the boundary line of the nearest residential property.

3.

Limitations on Number of Events and Hours of Operation. No more than one small outdoor music event shall be held on the property in a calendar month, with a maximum of eight events per calendar year. All small outdoor music event activity shall take place only between the hours of 11:00 a.m. and 9:00 p.m. on weekdays, and between 11:00 a.m. and 10:00 p.m. on weekends and shall last a maximum of four hours. The applicant shall provide the zoning administrator with a list of the date(s) and time(s) of the scheduled small outdoor music event(s) prior to obtaining a permit. The permit holder shall annually update the information on file with the zoning administrator regarding the event date(s) and time(s), and the zoning administrator shall be notified of any change in the date(s) and time(s) of events at least ten days prior to the event.

4.

Attendance. Small outdoor music events shall be limited to a maximum of one hundred fifty people if the lot size is less than twenty thousand square feet in size.

5.

Parking. Adequate off-street parking shall be provided.

6.

Street Standard. At a minimum, primary street access for the event shall be from a nonresidential collector street.

7.

Traffic and Parking Management Plan. A traffic and parking management plan shall be submitted at the time the application for the use permit is filed. At a minimum, such traffic and parking management plan shall include the number of vehicles expected, a list of the streets to be used for ingress and egress, and a list of surface parking areas to be used to accommodate the event.

8.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

9.

Event Notification. The applicant shall provide written notice of every small outdoor music event to all properties located within six hundred feet of the subject property at least ten business days prior to the date of each event. Such notice can be via first class U.S. mail or hand delivery. An event notification plan shall be submitted by the applicant prior to obtaining a permit identifying the method by which notice regarding the small outdoor music event(s) is to be provided. Such notice shall include the following:

a.

The date, location, and hours of the event;

b.

The name, email address, and telephone number of the person(s) responsible for the event;

c.

The telephone number of the zoning administrator's office for purposes of making complaints regarding the event; and

d.

A statement that noise complaints during the event shall be made to the metropolitan police department.

10.

Revocation of Permit. The zoning administrator shall have the authority to revoke a small outdoor music event permit upon the violation of any of the terms and conditions of the use permit or of the provisions of this section. Prior to taking action to revoke a small outdoor music event permit, the zoning administrator shall have received a petition documenting the violation(s) signed by owners/occupants representing a majority (fifty percent plus one) of the properties within the event notification area and a copy of the matter of record report from the metropolitan police department, provided that no petition shall be required whenever the zoning administrator determines that there has been a repeat violation of this section or has grounds to believe that a repeat violation has occurred within the past twelve months. Upon revocation, applicants shall not be permitted to apply for another small outdoor music event permit for a period of one year. Revocations may be appealed to the board of zoning appeals pursuant to Section 17.40.180 of the Metropolitan Code.

11.

Spacing. Only one small outdoor music event permit shall be issued per street block face. Where a block face is over five hundred feet in length, no small outdoor music event shall be permitted within five hundred feet of another property having a valid permit for small outdoor music events, measured in a direct line along the block face from property line to property line and including any public right-of-way.

12.

The conditions set forth herein shall not apply to any event on public property meeting the definition of small outdoor music event, nor shall they apply to such events on property that is not zoned CS, CS-NS, CS-A, CS-A-NS, CF, CF-NS, CA, CA-NS.

(Ord. BL2019-111 § 1(Exh. A, § 26), 2020; Ord. BL2015-1153 § 15, 2015; Amdt. 1 to Ord. BL2014-651 § 3, 2014; Ord. BL2014-651 § 3, 2014; Amdt. 1 with Ord. BL2002-1273 § 7, 2003; Amdt. 1 (part) with Ord. 99-1644 § 1 (part), 1999; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.2(J), 1997)

(Refer to zoning district land use table)

A.

Cemetery.

1.

Lot Size. The minimum site area shall be ten acres. Private family cemeteries and cemeteries accessory to a religious institution shall be on a one-acre lot, minimum.

2.

Street Standard. For cemetery developments of twenty-five acres or greater, primary access shall be from a collector or arterial street.

3.

Landscape Buffer Yard. Where the perimeter of a cemetery abuts a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard A along common property lines.

4.

The following accessory uses shall be permitted: Mausoleums, columbariums, chapels, funeral homes and other facilities for burial and ceremonial purposes.

B.

On-Site Agricultural Sales.

1.

Maximum Size. Any stand or activity, including any structure, shall be allowed a maximum of three hundred square feet of indoor and outdoor area to display items, except no outdoor display area limitation shall apply to agricultural products cut or picked by customers. The maximum floor area of any structure shall be one hundred square feet.

2.

Stand. Any stand and/or structure shall be single-story, temporary/seasonal, readily removable, and not permanently affixed to the ground. Further, any stand and/or structure shall be at least fifteen feet from any public right-of-way.

3.

Products. Items offered for sale or without charge shall be limited to those produced on the property such as raw unprocessed fruits, vegetables, nuts, seeds, herbs, flowers, ornamental plants, or trees, as well as jams, jellies, pickles, sauces, relishes, or handicrafts.

4.

Parking. Adequate off-street parking shall be provided with an all-weather surface that minimizes ruts, potholes, and pooling of water. No portion of any required parking space shall be located within the right-of-way of a public street or require backing-up onto a public street.

C.

Mineral Extraction.

1.

Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.

2.

Setback. No mineral extraction activity, including the transport of material extracted, shall occur within five hundred feet of any property line, within one thousand two hundred fifty feet of a residential structure, or within two thousand feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

3.

Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment and quarry pits shall be completely enclosed by fencing.

4.

Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.

D.

Asphalt Plant.

1.

Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.

2.

Setback. No asphalt plant activity shall occur within one thousand two hundred fifty feet of a residential structure or within two thousand feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

3.

Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment shall be completely enclosed by fencing.

4.

Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.

E.

Concrete Plant.

1.

Street Standard. At a minimum, this use shall have driveway access on a nonresidential collector street as specified in the Major and Collector Street Plan.

2.

Setback. No concrete plant activity shall occur within one thousand feet of a residential structure or within two thousand feet of the property line of a park or community education facility with the exception that residential structures, parks or community education facilities on the opposite side of navigable water ways shall be excluded from the setback requirement.

3.

Landscape Buffer Yard. Where the site abuts a residential zone district, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area required in subdivision 2 of this subsection placed either on the property boundary or along the perimeter of the operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment shall be completely enclosed by fencing.

4.

Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws.

(Amdt. 1 to Ord. BL2015-14 § 3, 2015; Ord. BL2015-14 § 3, 2015; Amdt. 1 to Ord. BL2015-13 § 1, 2015; Ord. BL2015-13 § 1, 2015; Amdts. 1, 2, to Ord. BL2012-182 § 3, 2012; Ord. BL2012-182 § 3, 2012; Ord. 96-555 § 4.2(K), 1997)

The land use development standards in this article apply to uses permitted by special exception, referenced as "SE" in the zoning district land use table, Section 17.08.030, or as otherwise provided in this title. Special exceptions are land uses subject to review by the board of zoning appeals (see Chapter 17.40, Article VII). Religious institutions and cultural centers having a valid use and occupancy permit on the effective date of the ordinance codified in this code, which do not satisfy the land use development standards of this article, may expand under the authority of the board of zoning appeals subject to demonstrating compliance with the general provisions. Community education facilities having a valid use and occupancy permit on the effective date of the ordinance codified in this Code, and which cannot satisfy the locational or design standards of Section 17.16.040(A) may expand under the authority of the board subject to demonstrating compliance with Section 17.16.150.

(Ord. BL2004-492 § 3, 2005; Ord. 96-555 § 4.3 (part), 1997)

A.

Burden of Proof. A special exception permit shall not be considered an entitlement, and shall be granted by the board of zoning appeals only after the applicant has demonstrated to the satisfaction of the board that all of the required standards are met.

B.

Ordinance Compliance. The proposed use shall comply with all applicable regulations, including any specific standards for the proposed use set forth in this title, unless circumstances qualify the special exception for a variance in accordance with Chapter 17.40, Article VIII. Any accessory use to a special exception must receive express authorization from the board of zoning appeals.

C.

Integrity of Adjacent Areas. A special exception use permit shall be granted provided that the board finds that the use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. The board shall determine from its review that adequate public facilities are available to accommodate the proposed use, and that approval of the permit will not adversely affect other property in the area to the extent that it will impair the reasonable long-term use of those properties. The board may request a report from the metropolitan planning commission regarding long-range plans for land use development.

D.

Design and Architectural Compatibility. The operational and physical characteristics of the special exception shall not adversely impact abutting properties, including those located across street frontages. Site design and architectural features which contribute to compatibility include, but are not limited to, landscaping, drainage, access and circulation, building style and height, bulk, scale, setbacks, open areas, roof slopes, building orientation, overhangs, porches, ornamental features, exterior materials and colors.

E.

Natural Features. Special exception uses in residential zone districts must comply with the nonresidential tree protection regulations and other natural site features shall be preserved to the greatest extent possible so as to minimize the intrusion of nonresidential structures and parking areas.

F.

Historic Preservation. Features of historical significance shall not be adversely affected by the granting of any special exception. The metropolitan historic zoning commission shall be consulted regarding those features essential to preserve the historical integrity of a building or site of historical significance.

G.

Traffic Impact. The applicant shall demonstrate how the proposed use will not adversely affect the safety and convenience of vehicular and pedestrian circulation in the area. The board of zoning appeals may require a traffic impact study for any special exception land use.

H.

Repealed.

I.

Hazard Protection. The proposed use shall reasonably protect persons and property from erosion, flooding, fire, noise, glare or similar hazards.

J.

Special Conditions. Notwithstanding a finding by the board of zoning appeals that a special exception application satisfies the minimum development standards of this article, the board may restrict the hours of operation, establish permit expiration dates, require extraordinary setbacks and impose other reasonable conditions necessary to protect the public health, safety and welfare.

(Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.3(A), 1997)

A.

Rural Bed and Breakfast Homestay.

1.

A rural bed and breakfast homestay shall be any geographically definable area of one agriculturally zoned lot which contains five or more acres for the principal structure as determined by the board of zoning appeals.

2.

Owner-Occupied. The owner of the property must reside permanently in the home. Where there is more than one owner of the home, or where an estate, corporation, limited partnership or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by any single individual or corporation, shall reside permanently in the home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the home.

3.

No more than one off-street parking space shall be provided for each guest room. The board shall determine the appropriate location of these spaces and require fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of vehicles.

4.

No signs shall be permitted for advertising. An accessory residential sign, not to exceed the dimensions of one square foot of area, displaying the name and/or address of the owner may be permitted.

5.

The bulk regulations of the district for a residence shall apply.

6.

The owner shall maintain and make available to the zoning administrator a guest register for each calendar year.

7.

Meal service shall be restricted to overnight guests only; no cooking facilities shall be permitted in any guest room.

8.

The metropolitan fire marshal shall approve the structure for safety.

B.

Historic Home Events.

1.

Lot Size. The minimum bulk standard for the zone district shall apply.

2.

Location. The events shall be within a historically significant structure, as determined by the historic zoning commission.

3.

Parking. Where the minimum parking space standard requires additional parking area to be constructed, such area shall comply with the perimeter parking lot landscaping according to Chapter 17.24 of this code. In urban settings, the board of zoning appeals may consider on-street parking to satisfy the minimum parking standard, provided there is a finding of sufficient available public space.

4.

Signs. Signs for advertising shall not be permitted.

5.

Meals. Meal service shall be restricted to patrons of the special event only, and not to the general public.

6.

Owner-Occupied. The owner of the property must reside permanently in the historic home. Where there is more than one owner of the home, or where an estate, corporation, limited partnership or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by any single individual or corporation, shall reside permanently in the historic home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the historic home.

7.

Frequency of Events. The board of zoning appeals may limit the number and frequency of events to minimize disturbance to surrounding properties.

C.

Multi-family.

1.

In IWD and IR Districts.

a.

Accessory to the Manufacturing, Artisan use.

i.

A maximum of two units per lot shall be permitted as an accessory use to Manufacturing, Artisan use.

ii.

Residential uses shall be supported by the Community Plan, as determined by the planning department.

iii.

No hazardous materials or uses shall be located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals. Notices shall be sent to all property owners within three hundred feet no later than thirty days prior to the board of zoning appeals hearing date notifying them of the proposed residential use, the board of zoning appeals hearing date, and requesting information regarding hazardous materials or uses located within an unsafe distance of the proposed residential use. The zoning administrator shall make a recommendation to the board of zoning appeals as to the adequacy of the distance between the proposed residential use and any hazardous materials.

b.

Adaptive Residential Development. A multi-family use shall be permitted provided it is located within an existing structure located within the urban services district having the majority of its frontage on an arterial street or collector street as shown on the adopted Major Street Plan and where a minimum of forty percent of the existing structure's gross floor area is devoted to residential uses, subject to the conditions below. Otherwise, all other requirements and standards established by other chapters of this title, as well as any other applicable metropolitan government, state or federal regulation, shall apply to the development and use of properties shown on the final site plan. In case of conflict between the standards of this section and other chapters of this Zoning Code, the provisions of this section shall control:

i.

Structure Eligibility. All structures within the IWD and IR districts shall meet the following requirements to be eligible for the multi-family use:

(A)

The structure must be determined to be worthy of conservation by the metro historical commission.

(B)

The structure must be a minimum of fifty years old at the time of application for the special exception.

(C)

The structure must be preserved with no additions, deletions, or alterations which would be inconsistent with the historic nature of the building or significantly alter the building's exterior appearance (i.e., blocking out windows with brick or other materials).

ii.

Residential Floor Area. No density or floor area ratio shall apply to those portions of a non-residential building converted to a residential use.

iii.

Building Orientation. A primary building entrance shall be oriented to the arterial street, to the extent feasible. On a corner lot, entrances shall be determined by the board of zoning appeals.

iv.

Parking. Parking spaces shall be required for any residential, commercial and/or retail use in accordance with Chapter 17.20. In addition, no more than one and one-half spaces shall be required per a residential dwelling unit. Tandem residential parking may be no more than two cars in depth. If parking is provided in a new deck or structure, the ground floor of the parking facility abutting a public street shall contain commercial or retail uses for seventy-five percent of the street frontage. The commercial or retail area shall have a minimum depth of twenty feet, a minimum height of fourteen feet (floor to floor) for the first floor of the garage at street level, with each storefront having between fifty-five percent and eighty-five percent glazed window area along the garage wall facing the public street.

v.

Traffic Impact Study. No traffic impact study shall be required, except the board of zoning appeals may require a study for developments of one hundred dwelling units or greater.

vi.

Landscaping. Notwithstanding Section 17.24.050(A), any single addition that increases the total building area by twenty-five percent or more of an existing building, in whole or in part, shall provide landscaping as required by this title. Where the number of parking spaces is increased by twenty-five percent, either through a parking lot expansion or the construction of a new parking lot, interior parking lot landscaping shall be required.

vii.

Viable Industrial Uses. The board of zoning appeals shall determine that the project will not displace viable industrial uses. The multi-family use shall not displace viable industrial uses.

viii.

Hazardous Materials or Uses. No hazardous materials or uses shall be located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals. Notices shall be sent to all property owners within three hundred feet no later than thirty days prior to the board of zoning appeals hearing date notifying them of the proposed residential use, the board of zoning appeals hearing date, and requesting information regarding hazardous materials or uses located within an unsafe distance of the proposed residential use. The zoning administrator shall make a recommendation to the board of zoning appeals as to the adequacy of the distance between the proposed residential use and any hazardous materials.

ix.

Alternative Standards. Where a proposed residential development cannot comply with standards of this subsection, the board of zoning appeals may approve alternative standards. The board shall determine that the applicant has demonstrated that the relief being requested will not be injurious to surrounding properties, nor violates the adopted general plan. The board shall not act on any application requesting alternative standards without first considering recommendations from the planning commission and the historic zoning commission.

2.

In the IG District.

a.

Accessory to the Manufacturing, Artisan use.

i.

A maximum of two units per lot shall be permitted as an accessory use to Manufacturing, Artisan use.

ii.

Residential uses shall be supported by the Community Plan, as determined by the planning department.

iii.

No hazardous materials or uses shall be located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals. Notices shall be sent to all property owners within three hundred feet no later than thirty days prior to the board of zoning appeals hearing date notifying them of the proposed residential use, the board of zoning appeals hearing date, and requesting information regarding hazardous materials or uses located within an unsafe distance of the proposed residential use. The zoning administrator shall make a recommendation to the board of zoning appeals as to the adequacy of the distance between the proposed residential use and any hazardous materials.

(Ord. BL2022-1508 § 4, 2023; Ord. BL2015-1121 § 8, 2015; Ord. BL2005-701 § 1, 2005; Ord. BL2001-675 § 1 (part), 2001; Ord. 99-1616 § 1 (part), 1999; Ord. 96-555 § 4.3(B), 1997)

(Refer to zoning district land use table)

A.

Correctional Facility.

1.

A master development plan shall be submitted for site plan review and approved by the board of zoning appeals.

2.

Campus Size. Minimum campus size shall be twenty-five acres.

3.

Setback. All buildings and outdoor security areas shall be located a minimum of one hundred feet from all property lines.

4.

Landscape Buffer Yard. The perimeter of a prison shall have screening in the form of landscape buffer yard Standard D along all property lines; however landscape buffer yard Standard B may be used along the street frontage.

5.

Street Standard. At a minimum, major transportation uses shall have driveway access on nonresidential collector streets.

B.

Cultural Center.

1.

Lot Size. The minimum lot area shall be three times the minimum lot area requirement of the zone district or two acres, whichever is less.

2.

Setback. Where active outdoor areas abut a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard B shall be applied along common property lines.

4.

Street Standard. At a minimum, primary access shall be from a collector street which has primary access to a street designated on the major street plan.

5.

In IR and IG, the following additional restrictions apply:

a.

Size is limited to 20,000 square feet, maximum.

b.

A mixture of uses is supported by the Community Plan, as determined by the planning department.

c.

No hazardous materials or uses are located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals.

C.

Day Care Center. Day care centers shall be classified according to the ranges below. For existing facilities in residential zone districts, a special exception permit shall be required for any proposed increase which upgrades the classification.

1.

Class I—Thirteen to Twenty-Five Individuals.

a.

Lot Size. The minimum lot size shall be one-half acre.

b.

Street Standard. Driveways shall have access on any street, except on minor local streets driveway access shall only be permitted where the lot is located at the intersection of the minor local street and an arterial or collector street.

c.

Landscape Buffer Yard. Where the outdoor play area abuts any portion of a residential zone district or district permitting residential use, screening in the form of landscape buffer yard Standard A shall be provided.

2.

Class II—Twenty-Six to Fifty Individuals.

a.

Lot Size. The minimum lot size shall be one acre.

b.

Street Standard. At a minimum, driveways shall have access on a collector street.

c.

Landscape Buffer Yard. Where the day care center abuts a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard B along common property lines.

3.

Class III—Fifty-One to Seventy-Five Individuals.

a.

Lot Size. The minimum lot size shall be one and one-half acre.

b.

Street Standard. At a minimum, driveways shall have access on a collector street.

c.

Landscape Buffer Yard. Where the day care center abuts a residential zone district or district permitting residential use, there shall be screening in the form of landscape buffer yard Standard C along common property lines.

4.

Class IV—More than Seventy-Five Individuals. A Class IV day care center shall be permitted only if the site qualifies as a preferred location under subdivision (8) of this subsection and satisfies the development standards of Class III.

5.

Spacing. Regardless of classification, no day care center or day care home shall locate on the same street block face or on an opposing street block face. Where a block face is over one thousand feet in length, no day care center or day care home shall locate within one thousand feet of another day care center or day care home, measured in a direct line from property line to property line and including any public right-of-way.

6.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

7.

All requirements of the state that pertain to the use and operation of the facility shall be met.

8.

Preferred Locations. The land use development standards may be waived by the board of zoning appeals if the site meets any one of the criteria below. The minimum street standard may be waived only upon a favorable recommendation of the metropolitan traffic engineer. Preferred residential locations are where:

a.

The day care center will be accessory to another institutional use; or

b.

The day care center will be the principal use serving as an adaptive reuse of a vacant institutional facility or nonresidential structure; or

c.

The day care center lot abuts and has common street frontage with a nonresidential or multifamily zone district; or

d.

The day care center is within a large multifamily housing development of two hundred or more dwelling units.

D.

Day Care Home—Large.

1.

The day care home shall only be permitted in an occupied residence or accessory to another institutional use.

2.

Lot Size. The minimum lot area shall be the same as the principal activity; except when in the opinion of the board of zoning appeals circumstances warrant otherwise.

3.

Street Standard. Day care homes may have driveway access on any street; however, no more than one day care home shall locate on a residential minor local street and not within one hundred feet of the terminus of such street.

4.

Spacing. Regardless of classification, no day care center or day care home shall locate on the same street block face or on an opposing street block face. Where a block face is over one thousand feet in length, no day care center or day care home shall locate within one thousand feet of another day care center or day care home, measured in a direct line from property line to property line and including any public right-of-way.

5.

Play Area. If an outdoor play area is provided, it shall be fenced and attached to the day care structure in a manner which minimizes noise impacts on neighboring residences.

6.

All requirements of the state that pertain to the use and operation of the facility shall be met.

7.

The board of zoning appeals may waive the above standards for multifamily housing developments of two hundred or more units if compliance would disqualify an otherwise reasonable location.

E.

Religious Institution. The following standards shall be applied to a religious institution located within a residential district to ensure compatibility with nearby residential uses.

1.

Pre-Existing Facilities. A religious institution having a valid use and occupancy permit on the effective date of the ordinance codified in this chapter may expand under the authority of the board of zoning appeals subject to demonstrating compliance only with the general provisions of Section 17.16.150, and the off-site parking requirements of subsection (E)(2) of this section. The standards of subsection (E)(3) of this section shall not apply to pre-existing facilities.

2.

Pre-Existing Facilities—Off-Site Parking. Approval of an off-site parking lot shall be contingent upon a demonstration that the following standards have been met:

a.

The appellant shall demonstrate by a parking study, reviewed by the metropolitan traffic engineer, that the minimum number of parking spaces required by Chapter 17.20, Article II cannot be developed on the same zone lot containing the place of worship;

b.

The amount of off-site parking shall not exceed the actual needs of the place of worship as demonstrated by the parking study;

c.

There shall be no vacant property adjacent to the place of worship on the same block face;

d.

The off-site parking area shall abut a street upon which the zone lot of the place of worship abuts and at least a portion of the off-site parking area shall be opposite the zone lot containing the place of worship;

e.

Vehicular access shall be restricted to a street upon which the zone lot of the place of worship abuts;

f.

All off-site parking spaces shall be within two hundred feet of the zone lot boundary of the place of worship;

g.

On any given block, off-site parking associated with a place of worship shall be limited to a contiguous area;

h.

Pedestrian cross walks shall be provided to connect the off-site parking area and the place of worship if determined necessary by the metropolitan traffic engineer;

i.

All lighting shall be shielded so that substantially all directly emitted light falls within the property. No illumination in excess of one-half foot candle shall be permitted across the boundary of any residential property or a public street or alley. The parking area shall only be illuminated when in use; and

j.

When not in use by the place of worship, the parking area shall be secured by a locked barrier that precludes vehicular access. Buses or other vehicles shall not be stored in the parking areas.

3.

New Facilities. New religious institution facilities, constructed after the effective date of the ordinance codified in this chapter shall be subject to the following performance standards.

a.

Minimum Site Size. Land area shall be provided at the rate of .005 acre for every seat in the sanctuary/assembly area. In areas considered by the board of zoning appeals to be predominately developed, and where assembling land to satisfy this site size standard is not practical, the board of zoning appeals may waive the minimum site size requirement, based on a determination that the proposed facility can be designed and operated in a manner which will not adversely impact abutting properties or the surrounding neighborhood.

b.

Street Standard. A religious institution shall provide principle vehicular access via a street that at a minimum functions, or is otherwise classified, as indicated below:

i.

Up to 50 seats: Any through or temporary dead-end street; principle driveway access may be derived from a permanent dead-end street if the facility is located at the intersection with a through street;

ii.

51 to 300 seats: Any through street or a temporary dead-end street;

iii.

301 to 1,000 seats: Any collector street;

iv.

More than 1,000 seats: An arterial street, or two intersecting collector streets.

The board of zoning appeals may waive the above street standards based on a recommendation from the traffic engineer that the projected volume of traffic, to be generated by the proposed facility, can be safely and efficiently accommodated by the existing local street network without adversely impacting the surrounding neighborhood.

c.

Landscape Buffers. Screening and buffering in the form of a standard B landscape buffer yard shall separate all structures and parking areas from an abutting residential property.

d.

Cemetery. A cemetery, including columbariums, may be permitted by the board as an accessory use to a religious institution.

(Ord. BL2022-1073 § 4, 2022; Ord. BL2015-1121 § 13, 2015; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.3(c), 1997)

(Refer to zoning district land use table)

A.

Kennel/Stable.

1.

Setback. No part of any building or structure in which animals are housed shall be closer than two hundred feet, and no kennel run shall be located within one hundred feet, from any existing residence, other than one owned or occupied by an owner or operator of the kennel or stable. In the event more than ten horses are boarded on five acres or more, the building setback shall increase to two hundred feet from the property line.

2.

Building Temperature. Enclosures must be provided which shall allow adequate protection against weather extremes. Floors of buildings, runs and walls shall be of an impervious material to permit proper cleaning and disinfecting.

3.

Cages. For a kennel, each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or top of cages. Cages are to be of material and construction that permits cleaning and sanitizing. Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding.

4.

Runs. For a kennel, each run must have at least a six-foot high fence completely surrounding it. Fences must be maintained in escape-proof condition. Runs shall provide an adequate exercise area and protection from the weather. All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

5.

Stalls. Each horse shall have sufficient space to stand up, lie down and turn around without touching the sides of the stall. Stalls are to be of material and construction that permits cleaning and sanitizing.

6.

Riding Ring. For a horse, no riding ring, including jumps and corrals, shall be located closer than fifty feet to any property line.

7.

Trail Rides. No horse shall be ridden or walked along public rights-of-way for any length of time or duration.

8.

Gates and Locks. All gates for entrance/exit to the stalls, riding rings, and other training area must be kept locked when not in use. All horses connected with the riding stable shall be enclosed by appropriate fencing so they shall not be permitted to run at large.

9.

Watering of Animals. All animals shall have fresh water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and shall be of the removable type.

10.

On-Site Waste Collection. All on-site waste shall be housed either within the kennel building or an accessory structure, and all waste shall be disposed of in a sanitary fashion no less frequently than one time per week. The drainage of all liquid by-products from the kennel shall be discharged into a permitted sanitary sewer line or septic tank and shall not be disposed of by way of storm sewers, creeks, streams or rivers.

(Amdt. 1 with Ord. 98-1268 § 1 (part), 1998)

(Refer to zoning district land use table)

(Ord. BL2016-415 § 4, 2016; Ord. BL2009-586 § 1(Exh. A, §§ 33, 34), 2010; Ord. BL2003-1304 §§ 5, 6, 2003; Ord. BL99-117 § 1 (part), 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.3(D), 1997)

A.

Hazardous Operation.

1.

Setback. All buildings used for handling, processing and/or storage of hazardous material shall be located a minimum of one hundred feet from all property lines and one thousand feet from any residential zone district.

2.

Street Standard. At a minimum, hazardous operation uses shall have driveway access on nonresidential collector streets. A traffic impact study shall demonstrate that the truck traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

3.

Landscape Buffer Yard. Where the perimeter of a hazardous operation abuts a nonindustrial zone district, there shall be screening in the form of landscape buffer yard Standard D along common property lines.

4.

The applicant shall demonstrate the capability to comply with all applicable federal, state and local regulations. In particular, the facility shall comply with the Explosive Materials Code (NFPA 495; Metropolitan Code of Laws, Chapter 10.64)

5.

The permitted storage capacity of a hazardous operation shall be determined by the board of zoning appeals.

(Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.3 (I), 1997)

(Refer to zoning district land use table)

A.

Airport.

1.

Lot Size. The minimum lot area shall be one hundred acres.

2.

Setback. Where transportation facilities, excluding passenger car parking lots, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred feet.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, airport land uses shall have driveway access on nonresidential collector streets. A traffic impact study shall demonstrate that the traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

B.

Bus Station/Landport.

1.

Setback. Where transportation facilities, excluding passenger car parking lots, abut a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

3.

Street Standard. At a minimum, bus station/landport land uses shall have driveway access on nonresidential collector streets.

C.

Bus Transfer Station.

1.

Setback. All buildings and passenger loading areas, excluding passenger car parking lots, shall be located a minimum of fifty feet from any residential zone district or district permitting residential use.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard B shall be applied along common property lines.

3.

Street Standard. At a minimum, bus transfer station land uses shall have driveway access on any street which intersects at least a collector street.

D.

Commuter Rail.

1.

Setback. Where transportation facilities, excluding passenger car parking lots, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred feet.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard C shall be applied along common property lines.

3.

Street Standard. At a minimum, lightrail station land uses shall have driveway access on nonresidential collector streets. A traffic impact study shall demonstrate that the traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

E.

Helistop.

1.

Location. To the greatest extent feasible, a helistop pad should be located adjacent to the flight corridor established by the FAA.

2.

Accessory to a Hospital. In the OG, OG-NS, MUG, MUG-NS, MUG-A, MUG-A-NS, CS, CS-NS, CS-A, and CS-A-NS districts, a helistop shall be permitted only as an accessory use to a hospital.

3.

Separation from Residential Properties. No helistop pad shall be located within five hundred feet of a residential property line.

4.

Debris Control. A helistop facility shall be fenced to trap on-site debris. If an unpaved area is utilized as a helistop pad, the ground surface shall be wetted to minimize airborne dust generated during landings and take-offs.

5.

A helistop shall have no adverse impact on the operation of sensitive equipment located on neighboring properties, including a recording studio and a live music venue.

6.

Refueling facilities may be provided at a helistop located within the CF, CF-NS, IWD, IR and IG districts when operated by the Metropolitan Nashville Airport Authority.

F.

Park and Ride Lot.

1.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard B shall be applied along common property lines.

2.

Street Standard. At a minimum, the park and ride lot shall have driveway access on any street which intersects at least a collector street.

G.

Railroad Station.

1.

Setback. Where transportation facilities, excluding passenger car parking lots, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred feet.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

3.

Street Standard. At a minimum, railroad station land uses shall have driveway access on nonresidential collector streets.

(Ord. BL2019-111 § 1(Exh. A, § 27), 2020; Ord. BL2015-1153 § 15, 2015; Ord. BL2011-898 § 11, 2011; Ord. 96-555 § 4.3(E), 1997)

(Refer to zoning district land use table)

A.

Safety Services.

1.

Lot Size. The minimum lot area shall be three times the minimum lot area requirement of the zone district or two acres, whichever is less.

2.

Setback. Facilities for the provision of safety services, excluding passenger car parking lots, shall be located fifty feet from any residential property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard C shall be applied along common property lines.

4.

Street Standard. At a minimum, these uses shall have driveway access on a collector street which intersects at least a collector street.

B.

Wastewater Treatment.

1.

Lot Size. The minimum lot area shall be ten acres.

2.

Setback. The facility, excluding passenger car parking lots, shall not be located within one thousand feet of any residential property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, wastewater treatment plant land uses shall have driveway access on nonresidential collector streets.

C.

Water Treatment Plant.

1.

Lot Size. The minimum lot area shall be ten acres.

2.

Setback. The facility, excluding passenger car parking lots, shall not be located within one hundred feet of any residential property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, water treatment plant land uses shall have driveway access on nonresidential collector streets.

(Ord. 96-555 § 4.3(F), 1997)

(Refer to zoning district land use table)

The applicant shall submit to the board of zoning appeals a detailed description of the management procedures of the facility.

A.

Waste Transfer.

1.

Lot Size. The minimum site area shall be ten acres.

2.

Street Standard. Driveway access can be from any local street, provided that street is not bounded by any residential zoning district from the driveway access point to the street's intersection with a collector street or a street designated on the major street plan. A traffic impact study shall demonstrate that traffic generated to/from the site will only use streets where the existing level of service (LOS) is "D," and it is forecasted to remain at a LOS D or better with the proposed waste transfer traffic.

3.

Setback. All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred fifty feet away from any residential zoning district boundary or residential structure.

4.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied. In addition, the entire facility shall be enclosed by a chain-link-type fence at least eight feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

5.

All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

(Ord. BL2017-799 § 5, 2017; Ord. BL2015-1153 § 16, 2015; Ord. Bl2014-772 § 2, 2014; Amdt. 1 to Ord. BL2010-634; Ord. BL2010-634 § 2, 2010; Amdt. 1 with Ord. BL2002-1273 §§ 3, 4, 2003; Amdt. 1, 2, with Ord. BL2002-1171 §§ 3, 4, 2002; Amdt. 1 (part) with Ord. BL99-86 § 2, 2000; Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.3(G), 1997)

(Refer to zoning district land use table)

A.

Camp.

1.

Lot Size. The minimum lot area shall be ten acres plus one acre/fifty campers.

2.

Setback. All structures and activity areas, including outdoor amphitheaters, ballfields, tennis courts, swimming pools, parking or unloading areas, shall be located a minimum of one hundred fifty feet from any residential zoning district boundary or any residential structure.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard standard D shall be applied along common property lines.

4.

Traffic Management Study. The traffic engineer may require a traffic management study to determine what, if any, improvements may be necessary to accommodate projected traffic to and from the camp facility.

5.

Parking. Adequate off-street parking and loading/unloading areas shall be provided on-site, including all accessory uses.

6.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels. Lighting of outdoor amphitheater, ballfields or other outdoor recreation/activity areas shall be prohibited after ten p.m. any day of the week.

7.

Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems, except as may be needed for emergency purposes.

8.

Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

9.

Signs. One on-premise ground or pole mounted sign measuring no larger than ten square feet shall be permitted at each camp entrance setback fifteen feet from the street right-of-way. The maximum height of a ground mounted sign shall be three and one-half feet tall and a pole mounted sign shall be fifteen feet. All signs shall be either spotlighted or externally lit. On-premise temporary signs shall not be permitted.

10.

Uses. All principal and accessory uses shall be identified on the special exception permit and labeled on the site plan along with the proposed square footage of each use, including the number of overnight accommodation units. Any changes to a principal or accessory use, including modifications or additions, shall be approved as an amendment to the special exception permit by the board of zoning appeals, as provided in Article VII of Chapter 17.40 of this title.

B.

Commercial Amusement (inside).

1.

Size is limited to twenty thousand square feet, maximum.

2.

A mixture of uses is supported by the Community Plan, as determined by the planning department.

3.

No hazardous materials or uses are located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals.

C.

Commercial Amusement (outside).

1.

Applicable to all zoning districts where Commercial Amusement (outside) is a SE use:

a.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

b.

The board of zoning appeals may stipulate, based on the zoning pattern and nature of the land uses in the immediate area, whether a maximum of sixty or seventy decibels noise level on the A-weighted scale shall be permitted to occur at the site boundary.

2.

Applicable only to IWD and IR zoning districts:

a.

Buildings. Any new structure constructed on the property shall be no greater in size than one thousand, five hundred square feet.

b.

Setback. Where any building or outdoor storage area, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet from the property line.

c.

Landscape Buffer. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard standard A shall be applied along common property lines.

d.

Street Standard. At a minimum, driveway access shall be from a collector street.

3.

Applicable only to the North, South, and West Use Areas of the DTC zoning district:

a.

Hours of Operation. All events including sound amplification shall only take place between the hours of 9:00 a.m. and 11:00 p.m. The board of zoning appeals may further restrict the hours and days of operation.

b.

Traffic Management Study. A traffic management study shall be required.

c.

Lot Area. A minimum lot size of one acre shall be required for a Commercial Amusement (outside) use.

d.

Separation from Residential Properties. Prior to conducting a special exception hearing before the board of zoning appeals, the planning department shall determine if the subject lot proposed for the Commercial Amusement (outside) use is within five hundred feet of the property line of a lot with a residential use (including multifamily). If it is determined that the subject lot is within five hundred feet of a residential use, the special exception shall not be approved.

D.

Country Club.

1.

Lot Size. The minimum lot area shall be fifty acres.

2.

Setback. Where any building or outdoor storage area, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet from the property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard A shall be applied along common property lines.

4.

Street Standard. At a minimum, driveway access shall be from a collector street.

E.

Driving Range.

1.

Street Standard. At a minimum, driveway access shall be from a collector street.

2.

Location. In the AG and AR2a districts, a driving range shall only be permitted in a floodplain, as designated by the Army Corps of Engineers. In any residential district (RS80 thru RM60), a driving range shall only be permitted in conjunction with a golf course. The driving range shall be located so that it is one hundred feet away from any residential zoning district boundary or the property line of any property containing a residential use.

3.

Lighting. All light and glare shall be directed on-site to ensure surrounding properties are not adversely impacted by increases in direct or indirect ambient lighting levels.

4.

Retail/Restaurant. A snack-bar and pro-shop shall be permitted on the same parcel as the principal use provided it is contiguous to the area where people stand to drive golf balls. The combined area of the snack-bar and pro-shop shall not exceed one thousand five hundred square feet. The snack-bar shall not provide any sit-down food service or alcoholic beverages.

5.

Fencing. Adequate fencing shall be provided to ensure golf balls do not fly into abutting or adjacent properties and streets.

F.

Golf Course.

1.

Lot Size. The minimum lot area shall be twenty-five acres.

2.

Setback. Where any building or outdoor storage area, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet from the property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard A shall be applied along common property lines.

4.

Street Standard. At a minimum, driveway access shall be from a collector street.

5.

Traffic Management Study. A traffic management study shall be required for professional tournaments.

G.

Racetrack. In the AG and AR2a districts only, motor racing facilities shall be limited to those providing seating for over twenty-five thousand spectators.

1.

Lot Size. The minimum lot area shall be twenty-five acres.

2.

Setback. Where the track and related facilities, excluding passenger car parking lot, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred feet.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied along common property lines.

4.

Street Standard. At a minimum, primary access shall be from a nonresidential collector street which has primary access to a street designated on the major street plan.

5.

Traffic Management Study. A traffic management study shall be required.

H.

Recreation Center.

1.

Setback. Where any building or outdoor storage area, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet from the property line.

2.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard standard A shall be applied along common property lines.

3.

Street Standard. At a minimum, driveway access shall be from a collector street.

I.

Rehearsal Hall.

1.

Size is limited to twenty thousand square feet, maximum.

2.

A mixture of uses is supported by the Community Plan, as determined by the planning department.

3.

No hazardous materials or uses are located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals.

J.

Temporary Festival.

1.

Setback. Amusement rides and other active, open-air activities shall be located one hundred feet from any residential zone district.

2.

The board of zoning appeals shall stipulate, based on the zoning pattern and nature of land uses in the immediate area, whether a maximum of sixty or seventy decibels noise level on the A-weighted scale shall be permitted to occur at the site boundary.

3.

The activity shall have a duration of no more than ten days in a month, and limited to four events per year. The board of zoning appeals may further restrict the hours and days of operation.

K.

Theatre.

1.

Size is limited to twenty thousand square feet, maximum.

2.

A mixture of uses is supported by the Community Plan, as determined by the planning department.

3.

No hazardous materials or uses are located within an unsafe distance of the proposed residential use, as evidenced by the testimony presented to the board of zoning appeals.

L.

Zoo.

1.

Lot Size. The minimum lot area shall be twenty-five acres.

2.

Setback. Where any building or outdoor storage area and/or display, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet from the property line.

3.

Landscape Buffer Yard. Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard Standard C shall be applied along common property lines.

4.

Street Standard. At a minimum, driveway access shall be from a collector street.

5.

Traffic Impact Study. A traffic impact study shall be required.

(Ord. BL2022-1216 § 3, 2022; Ord. BL2015-1121 §§ 10, 16, 18, 2015; Ord. BL2002-1226 § 1 (part), 2003; Amdt. 1 to Ord. 99-1644 § 1 (part), 1999; Ord. 98-1268 § 1 (part), 1998; Amended during 2-98 supplement; Ord. 96-555 § 4.3(H), 1997)

(Refer to zoning district land use table)

A.

Commercial Community Garden.

1.

Landscape Buffer Yard. The board of zoning appeals shall have the authority to require landscape buffering for properties abutting a residentially zoned property;

2.

Lighting. All lighting shall be shielded so that substantially all directly emitted light falls within the property. No illumination in excess of one-half foot candle shall be permitted across the boundary of any residential property or a public street or alley; and

3.

On-Site Storage and Use of Compost and Organic Matter. All compost and/or organic matter on the site:

a.

Shall not cover more than ten percent (10%) of the total area of the property;

b.

Compost piles abutting adjacent properties must not be visible from adjacent property (shielded from view by shrubbery or an enclosure).

c.

Shall be managed to prevent the harborage of rodents and pests.

d.

Shall be maintained to prevent odors.

e.

Shall be located to prevent leachate (the water that has come in contact with the compost) from flowing onto adjacent property or into natural or human-made storm channels.

4.

Drainage. The site shall be designed and maintained to prevent water from irrigation and/or other activities and/or fertilizer from draining onto adjacent property.

5.

Refuse Storage and Disposal. Trash areas shall be provided and screened on at least three (3) sides from public view by an opaque impact-resistant fence of sufficient height to screen the dumpster(s).

6.

Parking. Where the minimum parking space standard requires additional parking area to be constructed, such area shall comply with the perimeter parking lot landscaping according to Chapter 17.24 of this Code. In urban settings, the board of zoning appeals may consider on-street parking to satisfy the minimum parking standard, provided there is a finding of sufficient available public space.

7.

The board of zoning appeals shall have the authority to consider the potential impacts on riparian areas of urban streams in deciding whether a particular location is appropriate for a commercial community garden.

B.

Mineral Extraction. The board of zoning appeals may approve accessory uses to the mineral extraction activity including, but not limited to, rock crushing, mineral screening, and any combination of uses necessary to extract and process minerals. Such accessory activities shall be located within the perimeter of operation. Concrete batching, and asphalt/cement mixing plants may be accessory uses in the IR zone district only.

1.

Lot Size. The minimum lot area for mineral extraction shall be one hundred acres.

2.

Street Standard. At a minimum, these uses shall have driveway access on nonresidential collector streets. A traffic impact study shall demonstrate that the truck traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

3.

Location. In the AG and AR2a zone districts, the location of these activities shall not be permitted within the urban services district.

4.

Separation. In the AG and AR2a zone districts, a one-mile separation shall be required between any two mineral extraction sites, as measured from property lines.

5.

Setback. The perimeter of operation shall comply with the following setback standards:

6.

Residential Encroachment. The issuance of a building permit for construction or use of any residential structure, after the zoning administrator has ruled that the proposed perimeter of operation complies with the above minimum setbacks from a residential structure, and where placement or conversion of the structure for residential purpose will be within the minimum setback of five hundred feet or one thousand feet, such construction or use shall not make the mineral extraction activity nonconforming.

7.

Landscape Buffer Yard. The required setback area established in subdivision (5) of this subsection shall be an undisturbed open area, unobstructed from the ground to the sky, where natural vegetation is preserved and enhanced with other natural and artificial screening materials to buffer the use of the property. This area may be used for agricultural purposes.

a.

Where the site abuts a residential zone district or district permitting residential use, screening in the form of landscape buffer yard Standard D shall be applied continuously within the setback area where the best opportunity exists to screen the operation, placed either on the property boundary, along the perimeter of operation, or both. This screening shall consist of six feet in height densely planted shrubs and/or trees which are of an evergreen type that provide year-round screening, or an opaque wall or barrier of six feet in height. An earthen berm may supplement this screening. All screening shall be maintained in good condition at all times. Areas of hazardous equipment and quarry pits shall be completely enclosed by fencing.

b.

To the greatest extent possible in the AG and AR2a zone districts, the perimeter of operation shall be screened from the view of motorists and abutting property owners by earthen berms, walls, vegetation or other methods. The entrance to the site shall be designed to block the view of passing motorists, by using angled, off-setting walls, berms or permanent opaque fencing.

8.

Performance Standards. The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology. The operation shall comply with the performance standards of the industrial zone district regulations and measures shall be taken to control windborne materials in accordance with Section 10.56.190 of the Metropolitan Code of Laws. The application shall demonstrate the methodology necessary to ensure that the operation complies with all applicable federal, state and local laws. Specifically, the following regulations or any subsequent amendments thereto shall apply:

a.

Federal new source performance standards (NSPS, 40 CFR Part 60 Sub-part OOO); air pollution control (Tennessee Code Annotated 68-201): Permits required from metropolitan health department (Metropolitan Code of Laws, Chapter 10.56);

b.

National pollutant discharge elimination system (NPDES, 33 US 1251): Permit required from Tennessee department of environment and conservation (Tennessee Code Annotated 69-3-108);

c.

Quarrying and mining operations (Metropolitan Code of Laws, Chapter 10.52);

d.

Explosive materials code (NFPA 495; Metropolitan Code of Laws, Chapter 10.64);

e.

Tennessee blasting standards (Tennessee Code Annotated 68-105).

9.

Pre-Blast Survey. A pre-blast survey of property within one-half mile of the perimeter of operation shall be conducted and made part of the application. The proposed blasting schedule shall also be submitted. For any property not included in the pre-blast survey, the applicant shall provide sufficient information to demonstrate that the property owner withheld authorization to conduct the survey.

10.

Blasting. In addition to mitigating potential damage to surrounding properties from blasting, the operator shall comply with the following:

a.

Prior to commencement of operations, the proposed blasting schedule shall be conveyed to every resident living within one-half mile of the proposed blasting site by certified mail and such proof of notification shall be made available for public inspection. Any subsequent change in blasting schedule shall be preceded by a similar notification to the residents and to the zoning administrator;

b.

A record of blasting shall be maintained for three years and made available for public inspection. The log shall detail the location of blasts, seismograph readings for each blast, pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;

c.

The minimum standards for ground vibration and, airblast overpressure set forth below shall not be exceeded at any time.

i.

Ground vibration: .50 inches per second peak particle velocity for frequencies below forty Hertz and 2.0 inches per second peak particle velocity for frequencies greater than 40 hz; the charge weight delay shall be adjusted accordingly to insure compliance with this standard.

ii.

Airblast overpressure: 129 peak dBL (linear)-0. 1 hz high-pass system; 128 peak dBL (linear)-2.0 hz high-pass system; 124 peak dBL (linear)-5 or 6 hz high-pass system.

d.

All blasts shall be monitored by an independent geotechnical expert in the field of seismology using best available current technology in measurement instrumentation. Such devices shall be placed one each at all four points of the compass surrounding the excavation area. Such monitoring devices shall produce a hard copy record in graph form or equivalent suitable for filing with the department of codes administration as a permanent record. Blasting shall only occur between seven a.m. and seven p.m. Monday through Saturday and may be further restricted to minimize disturbance to surrounding properties.

11.

Reclamation/Closure Plan. The application shall include plans for the final contours of the site after the operation is terminated so as to render the land suitable for a use consistent with the general plan for Nashville/Davidson County, specifying the fill material which shall be nontoxic, nonflammable and noncombustible. Water may serve as fill material. The applicant shall execute a performance bond in an amount necessary for restoration of the property to assure the stability, drainage and configuration necessary for the intended reuse of the site, including the removal of all structures and machinery.

C.

Pond/Lake.

1.

Lot Area. The pond/lake shall not occupy more than ten percent of the total lot area.

2.

Site Plan. Plans for the proposed pond/lake shall be submitted to the stormwater division of the department of water and sewerage services, the zoning administrator, the health department, and the board of zoning appeals. The plans shall consist, at a minimum, of a plan view and a typical cross section of the proposed pond/lake. The plan view shall include the configuration of the pond/lake with the dimensions and maximum depth areas, distances to property lines, drainage easements, structures, outlet structures, septic systems, proposed overflow spillway, and proposed landscaping. The typical cross section shall identify the bank and bottom slopes, maximum depth, outlet and/or overflow structures with elevations and normal water level evaluation. A description of the soil type(s) and hydraulic conditions at the site shall be provided to determine the feasibility of the pond/lake.

3.

Construction and Maintenance. Construction and maintenance of the pond/lake shall be in accordance with all applicable state and local regulations.

4.

Notification. Prior to conducting a special exception hearing before the board of zoning appeals, and immediately after receiving an application for a pond/lake special exception, the zoning administrator or, if applicable, the executive director of the planning department shall notify the district councilmember that an application has been submitted.

5.

The following types of ponds/lakes shall be exempt from the provisions of this section:

a.

Landscape or ornamental ponds less that one thousand square feet in area and less than three feet in depth;

b.

Ponds/lakes used for irrigation or water treatment of a golf course;

c.

Farm ponds constructed on a working farm;

d.

Detention and/or water quality ponds required by the stormwater division of the department of water and sewerage services;

e.

Wildlife ponds and wetlands required by or constructed with the assistance of the Tennessee Department of Environment and Conservation; and

f.

Ponds/lakes on property owned by the metropolitan government.

(Ord. BL2009-479 § 3, 2009; Amdt. 1 with Ord. BL2004-220 § 1 (part), 2004; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; § 1 (10) of Amdt. 1 with Ord. 96-555 § 4.3(I), 1997)

The land use development standards in this article apply to uses which are accessory to a principal use on the same property, referenced as "A" in the zoning district land use table, Section 17.08.030. While not all accessory uses have land use development standards, those listed in this article have unique characteristics that warrant minimum restrictions on use.

(Ord. 96-555 § 4.4 (part), 1997)

(Refer to zoning district land use table)

A.

Accessory Apartment. A self-sufficient housekeeping unit shall be considered to be accessory to a single-family residence subject to the following:

1.

The single-family residence is owner-occupied and meets all regulations of the district;

2.

There is free and clear access between the housekeeping units without going outdoors;

3.

Only one meter per utility may be installed to service both units;

4.

A maximum of twenty-five percent of the gross floor area, excluding garage and utility space, may be used for the accessory apartment;

5.

No entrance, which would be visible from the street, may be added solely for the purpose of providing direct outside access to the street;

6.

The second unit must be occupied by a family member defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle;

7.

That the covenants provided herein may be enforced by the department of codes administration of the metropolitan government; and

8.

An instrument shall be recorded with the register's office covenanting that the apartment is being established as an accessory use and may only be used under the conditions listed above.

B.

Domesticated hens.

1.

Type and number. Except upon property zoned for agricultural use or for properties in the R/R-A and RS/RS-A districts of five acres or more in size, a parcel of land shall contain the maximum number of domesticated hens identified below. Only hens are allowed; roosters are expressly prohibited. There is no restriction on domestic hen breeds.

2.

Location. All domesticated hens shall be kept in the side and/or rear yards of a residential property subject to the setback standards contained in this subsection. No domesticated hens shall be kept in the front yard. If domesticated hens are to be kept in the side yard, neither the hens nor the covered henhouse required by Section 8.12.020 of the Metropolitan Code shall be visible from any public right-of-way. Rather, the hens and henhouse shall be entirely screened from view of the public right-of-way using opaque fencing and/or landscaping.

3.

Setbacks. An enclosure shall be located twenty-five feet away from any residential structure (other than the permit holder's residence) located in a residential zone district and ten feet from any property line.

4.

Permit required. A valid permit issued by the department of health pursuant to Section 8.12.020 of the Metropolitan Code shall be obtained and maintained at all times.

C.

Garage Sale.

1.

Garage sale must be held or conducted in or upon real property, which the person or persons holding or conducting the same occupy as his or her residence(s).

2.

Personal property belonging to someone else, may be sold provided homeowner or occupant receives no fee or a percentage of the proceeds as compensation for selling the items or for the use of residence.

3.

Within any calendar year, a maximum of two garage sale events shall occur per residence. An event is defined as a garage sale that may occur for one day, two days and at most three days per an event.

4.

A consignment sale shall be prohibited, or any other offer for sale in connection with which any owner or occupant of real property undertakes to sell personal property, as an agent of another.

5.

An auction of a decedent's personal estate and/or real property conducted by a licensed auctioneer shall not be counted as a garage sale event nor be considered a consignment sale.

D.

Home Occupation. A home occupation shall be considered an accessory use to a residence subject to the following:

1.

Location

a.

A home occupation must be conducted entirely within the dwelling unit or accessory building.

b.

The home occupation shall not occupy more than twenty percent of the total floor area of the principal structure and shall not occupy more than one thousand square feet of total floor area within the principal structure and area of any legally permitted accessory buildings.

2.

Employees and Vehicles

a.

No more than one part-time or full-time employee not living within the dwelling may work at the home occupation location.

b.

No more than five employees may reside within the dwelling at a home occupation location.

c.

Parking a commercial vehicle on the premises or on a street adjacent to residentially zoned property is prohibited. Vehicles associated with the home occupation shall be limited to one passenger vehicle such as a motorcycle, automobile, pick-up truck, sport utility vehicle, van or similar, with a maximum axle load capacity of one and one-half tons.

d.

No truck deliveries or pick-ups, except by public or private parcel services, are permitted.

3.

Customer Visits

a.

Customer visits must occur by scheduled appointment and only between the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday.

b.

Customer visits shall be limited to no more than three visits per hour and a maximum of six total visits per day.

c.

The permit holder shall maintain and make available to the codes department a log or register of customer appointments for each calendar year.

4.

Outward Appearance

a.

Signs, as defined in Section 17.32.030.B, exterior or interior displays of goods visible from the outside, or any exhibit that would indicate the dwelling unit or accessory building is being used for any purpose other than a residence are prohibited.

b.

The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements.

c.

A home occupation may not produce noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, glare, humidity, fumes, electrical interference, waste run-off, or other objectionable effects outside the dwelling unit or garage.

5.

Activities

a.

The storage of materials or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards.

i.

All materials or goods shall be stored completely within the space designated for home occupation activities.

ii.

Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building.

iii.

All materials or goods shall be stored completely within the dwelling unit or accessory building.

iv.

All flammable or combustible compounds, products or materials shall be maintained and utilized in compliance with Fire Code NFPA-30.

b.

The following are permitted as home occupations that are allowed customer visits under subsection D.3:

i.

Personal instruction, defined for the purposes of this section as services for training individuals or groups in academics, arts, fitness, personal defense, crafts, or other subjects of a similar nature;

ii.

General office, defined for the purposes of this section as provision of executive, management, administrative, or professional services, but not involving medical services;

iii.

Personal care services, defined for the purposes of this section as spa services and beauty and barber care. Personal care services do not extend to the care of or services for animals;

iv.

Multimedia production, defined for the purposes of this section as staging and recording of video or audio productions that occur indoors and do not require sound to leave the premises; and

v.

Artisan manufacturing, defined for the purposes of this section as the shared or individual use of hand tools, mechanical tools, and electronic tools for the manufacture of finished products or parts as well as the incidental storage, sales, and distribution of such products within the limitations of this section.

c.

The following are not permitted as home occupations regardless of whether customer visits are allowed:

i.

The manufacture or repair of automobiles and other transportation equipment.

ii.

The repair of equipment that takes place outdoors.

iii.

The outdoor storage of construction, scrap, or salvage materials.

iv.

Animal grooming activities.

6.

Permit Requirements

a.

Home occupations that meet both of the following conditions are not required to acquire a permit for activity under this section:

i.

The home occupation does not serve customers on the property; and

ii.

The home occupation does not employ anyone who does not live within the dwelling.

b.

Prior to issuance of a permit, the applicant shall provide the codes department with an affidavit verifying:

i.

that the applicant has confirmed that operating the proposed home occupation would not violate any home owners association agreement or bylaws, condominium agreement, covenants, codes and restrictions, lease or any other agreement governing and limiting the use of the property proposed for the home occupation;

ii.

that the property is the applicant's primary residence. Two documents indicating proof of primary residence shall be provided. Each document must be current and show the owner's name and address matching that of the property to be utilized for a home occupation. Acceptable documentation includes: (a) Tennessee Driver's license; (b) other valid State of Tennessee identification card; (c) Davidson County voter registration card; (d) current employer verification of residential address or a letter from the employer on company letterhead with original signature. (If the employer does not have letterhead, the signature of the employer must be notarized.); (e) current automobile, life or health insurance policy. (Wallet Cards not accepted); (f) paycheck/check stub, (g) work ID or badge, (h) Internal Revenue Service tax reporting W-2 form; or (i) a bank statement; and

iii.

if the applicant is not the property owner, that the property owner is aware of the application and does not object to pursuit of the home occupation permit.

Further, the applicant shall provide proof of written notification to the owner of each adjacent property prior to filing the application. For each such adjacent property, proof of written notification shall be: (a) a signature of an owner; (b) a signed receipt of U.S. registered or certified mail addressed to an owner; or (c) notice from the U.S. Postal Service that registered or certified mail to an owner was refused or not timely accepted.

c.

In single-family and two-family zoning districts, no more than one home occupation permit may be issued per lot.

d.

The owner of the property: (1) must be a natural person or persons or trust; (2) may not be a limited liability entity, including without limitation a corporation or limited liability company; and (3) may not be an unincorporated entity, including without limitation a partnership, or joint venture.

e.

The permit applicant must be the owner of the property, a relative of the owner of the property, or, if a renter, must have at least a one-year lease for the property. The applicant shall verify by affidavit that they comply with this subsection.

f.

Only one permit may be issued per property owner, regardless of the number of properties owned by the property owner and regardless of whether the property owner is the applicant.

g.

No person may be issued more than one permit.

7.

Transferability and Enforcement

a.

Permit Transferability. A permit issued for activities under this section shall not be transferred or assigned to another person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the business. Upon termination of the occupant's residency, the home occupation permit shall become null and void.

b.

Revocation of Permit. Upon the filing of two or more verified complaints within a calendar year regarding a permit issued for activities under this section, the zoning administrator, or his or her designee, shall notify the permit holder in writing of such complaints and the zoning administrator, or his or her designee, will determine whether such complaints are valid. If it is determined that violations have occurred, the zoning administrator may revoke a permit as provided in Section 17.40.590. Once a permit has been revoked pursuant to this subsection, no home occupation permit shall be issued to the applicant for the same property for a period of one year from the date of the revocation. The permit holder may appeal the zoning administrator's decision to the board of zoning appeals for a public hearing as provided in this title. Other violations of this Subsection D are punishable by a fine of fifty dollars per day, per violation.

8.

Permit expiration and renewal

a.

A home occupation permit shall expire three hundred sixty-five days after it is issued unless it is renewed prior to its expiration.

b.

The codes department may promulgate additional regulations by which a renewal application may be submitted.

c.

The renewal application must include a statement verified by affidavit that the home occupation remains in compliance with Section 17.16.250.D.

9.

Sunset date. The provisions of this subsection D shall expire and be null and void on January 7, 2023 unless extended by resolution of the metropolitan council. ^[3]

E.

Short Term Rental Property Owner-Occupied. STRP owner-occupied is permitted as an accessory use in all zoning districts that allow residential use excluding NS districts provided a permit has been issued for operation of the property as an STRP pursuant to this section. In IWD, IR and IG, STRP is permitted as an accessory use to a multi-family use associated with Manufacturing, Artisan use.

1.

All STRP owner-occupied activity must be permitted in accordance with Metropolitan Code § 6.28.030.

(Res. RS2022-1380 § 1, 2022; Ord. BL2021-798 §§ 1, 2, 2021; Ord. BL2020-187 §§ 1, 2, 2020; Amdts. 1—5 to Ord. BL2019-48 § 1, 2020; Ord. BL2019-48 § 1, 2020; Ord. BL2019-6 § 2, 2019; Ord. BL2019-1633 §§ 6—10, 12, 13, 2019; Amdts. 5, 8, 9 to Ord. BL2017-608 § 6, 2018; Ord. BL2017-608 §§ 5, 6, 2018; Ord. BL2017-653 § 1, 2017; Amdt. 1 to Ord. BL2016-492 § 5, 2017; Ord. BL2016-492 § 5, 2017; Ord. BL2016-309 § 3, 2016; Ord. BL2015-1153 § 16, 2015; Ord. BL2015-1121 § 20, 2015; Ord. BL2014-909 § 3, 2015; Ord. BL2013-629 § 2, 2014; Amdt. 1 to Ord. BL2011-47 § 4, 2012; Ord. BL2011-47 § 4, 2012; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; § 2(2) of Amdt. 1 with Ord. 96-555 § 4.4(A), 1997)

(Refer to zoning district land use table)

A.

Day Care—Parents Day Out. Day care for pre-teenage children, for not more than twelve hours in any one week, shall be an accessory use to any institutional principal use.

B.

Monastery or Convent. Such uses shall be an accessory use to a religious institution principal use.

C.

School Day Care. Day care centers of unlimited size for before, during and after school programs shall be an accessory use to community education and college or university principal uses.

(Ord. 96-555 § 4.4(B), 1997)

(Refer to zoning district land use table)

A.

Leasing/Sales Office. A tenant-leasing office is permitted as an accessory use to a multifamily development. Such office may include clubhouse, laundry and recreational facilities, and other such conveniences associated with a residential development. A developing subdivision of five or more residential lots may use a residential structure as a temporary sales office.

(Ord. 96-555 § 4.4(c), 1997)

(Refer to zoning district land use table)

A.

Medical Appliance Sales.

1.

This use shall be located within the same building as the principal office use.

2.

The leasable floor area for the accessory use may have one access point from within the office building as well as one outside entrance/exit.

3.

This use shall occupy no more than ten percent of the gross floor area within the principal office building.

(Ord. 98-1268 § 1 (part), 1998)

(Refer to zoning district land use table)

A.

Business Service.

1.

This use shall be located within the same building as the office principal use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the office building. There shall be no signage advertising the service(s) to the general public on the exterior of the office building.

3.

This use shall occupy no more than ten percent of the gross floor area within the principal office building.

B.

Inventory Stock. The indoor storage of inventory stock shall be accessory to nonresidential principal uses.

C.

Restaurant, Fast-Food/Restaurant, Full-Service/ Restaurant, Take-Out.

1.

This use shall be located within the same building as the office principal use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the office building. There shall be no signage advertising the service(s) to the general public on the exterior of the office building.

3.

This use shall occupy no more than ten percent of the gross floor area within the principal office building.

D.

Retail.

1.

This use shall be located within the same building as the office principal use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the office building. There shall be no signage advertising the service(s) to the general public on the exterior of the office building.

3.

This use shall occupy no more than ten percent of the gross floor area within the principal office building.

E.

Personal Care Services.

1.

This use shall be located in the same building as the principal use.

2.

In total, all personal care uses shall occupy no more than ten percent of the gross floor area within the principal building.

(Ord. BL99-117 § 1 (part), 2000; Ord. 96-555 § 4.4(D), 1997)

(Refer to zoning district land use table)

A.

Amateur Radio Antenna. In all residential zone districts, transmission and reception antennae may be attached to a single tower accessory to any residential dwelling. The following restrictions shall apply.

1.

Antennae may be mounted on a single tower or pole, or attached to the dwelling or accessory structure provided only one such support or attachment shall be permitted per lot. Guy wires shall not extend beyond the property boundary.

2.

The maximum height of antennae shall be sixty feet, as measured from finished grade at the base of the support structure.

3.

The tower or pole support shall be located to the rear of the dwelling and shall be set back from all property lines a distance equal to one-half the height of the entire structure, including antennae.

B.

Multi-Media Production. This use shall be accessory to a college or university.

C.

Satellite Dish. In all residential zone districts, a single satellite earth station antenna shall be permitted only as an accessory use to a residential dwelling. A ground-mounted antenna exceeding three and one-half feet in diameter shall be located behind the rear wall of the residence, shall comply with all minimum required setbacks and shall not exceed sixteen feet in height from grade.

(Ord. 96-555 § 4.4(E), 1997)

(Refer to zoning district land use table)

A.

Fuel Storage. The storage of petroleum fuel, oils and lubricants may be an accessory use to activities in nonresidential zone districts provided that the quantity of stored fuels does not exceed what is incidental and necessary to conduct the business. Such fuels shall be quantified, stored, handled and used in compliance with the metropolitan fire code.

B.

Tasting Room.

a.

This use shall be located within the same building as the distillery or brewery, or within the same building as the office of the distillery or brewery.

b.

The floor area used for the public portion of the tasting room shall be accessible only from inside the building.

c.

The tasting room shall be limited to a maximum of no more than one thousand five hundred square feet gross floor area or ten percent of the gross floor area of the distillery or brewery, whichever is greater.

d.

The hours and days of operation shall be limited to the hours and days of the distillery or brewery operating schedule.

e.

Signage advertising the tasting room shall be no greater than sixteen square feet in size.

f.

In a tasting room associated with a distillery, only liquor produced by the distillery may be served or sold.

g.

In a tasting room associated with a brewery, only beer produced by the brewery may be served or sold, food may be served.

h.

A minimum of five parking spaces shall be required.

(Amdt. 1 to Ord. BL2012-204 § 3, 2012; Ord. BL2012-204 § 3, 2012; Ord. 96-555 § 4.4(F), 1997)

(Refer to zoning district land use table)

A.

Medical Waste. The storage and preparation for shipment of medical wastes shall be accessory to healthcare.

B.

Recycling Collection Center. The collection and temporary storage of small recyclable items such as cans, glass and plastic containers, cardboard and paper shall be considered an accessory use to any nonresidential principal use, provided that all storage is within totally enclosed weather-resistant containers and the lot is kept debris-free.

(Ord. 96-555 § 4.4(G), 1997)

(Refer to zoning district land use table)

A.

Rehearsal Hall. This use shall be accessory to a college or university.

B.

Stadium/Arena/Convention Center. This use shall be accessory to a college or university.

(Ord. 96-555 § 4.4(H), 1997)

(Refer to zoning district land use table)

A.

Agricultural Activity.

1.

Zone Districts. An agricultural activity shall only be permitted as an accessory use in the RS80, RS40, RS30 and RS20 and R80, R40, R30, and R20 residential zoning districts.

2.

Location. The property containing the residence and agricultural activity shall not be located within the urban services district.

3.

Lot Size. The minimum lot size shall be five acres.

4.

Operation. An agricultural activity shall not include any roadside stand, nor shall a "cut your own" or "pick your own" activity of any items grown, produced or raised on or off-site be offered, whether such stand or offering is supervised or unsupervised, and whether the item(s) are offered for sale or not.

B.

Domestic Animals/Wildlife. Native and exotic animals and common domestic farm animals, defined as Class II and Class III wildlife (Tennessee Code Annotated 70-4-403), which are kept outdoors for any purpose other than agricultural business, shall be an accessory use to a residence. The following land use development standards shall apply.

1.

Zone Districts. Such animals shall only be permitted as an accessory use in the RS80, RS40, RS30, RS20 and R80, R40, R30 and R20 residential zone districts.

2.

Location. The property containing the residence and farm animals/wildlife shall not be located within the urban services district.

3.

Lot Size. The minimum lot size shall be five acres.

4.

All pens, runs, paddocks, pastures and other open outdoor areas shall be fully enclosed by fencing. Barns, stables, stalls, and similar shelters shall not be located within two hundred fifty feet of a residential structure in a residential zone district.

5.

Such accessory use shall obtain all necessary permits from the Tennessee Wildlife Resources Agency, Tennessee Department of Agriculture, and/or the metropolitan department of health pursuant to Title 8 of the Metropolitan Code of Laws.

(Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Ord. 96-555 § 4.4(I), 1997)