ORDINANCE NO. BL2008-198

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending Council Bill BL2007-1523 to make various amendments to the Gallatin Pike Improvement District Specific Plan for properties located along Gallatin Pike between South 5th Street and Briley Parkway (263.71 acres), all of which is described herein (Proposal No. 2007SP-122U-05).

WHERAS Title 17 of the Metropolitan Code of Laws allows for an alternative zoning process that permits land uses and alternative development standards as may be required to address the unique characteristics of an individual property through a site specific plan adopted as a Specific Plan (SP) District; and

WHEREAS the Gallatin Pike Improvement District Specific Plan was applied by Ordinance No. BL2007-1523 to various properties located along Main Street and Gallatin Pike;

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and is hereby amended by amending the Gallatin Pike Improvement District Specific Plan as specifically described herein;

A. Delete the last paragraph on Page 6 of the SP document “Application of Guidelines, Standards, and Regulations” and replace it with the following:

For any parcel located within the SP district, the design guidelines, system regulations, and building standards listed above apply to the Gallatin Pike frontage and any side street frontage to a maximum of 150 feet from the intersection of the side street with Gallatin Pike. The land uses and signage standards apply to all property located within the SP district. The standard provisions for the zoning district identified in the land use table for each subdistrict shall control the development guidelines, system regulations and building standards for any frontage on a side street within the SP district. The owner of a parcel located within the SP district, may, however, choose to utilize the design guidelines, system regulations, and building standards contained in this SP for any side street located within the SP district.

B. Delete paragraph 1 on Page 7 of the SP plan and replace it with the following:

1. The value of any one building permit is twenty-five percent, or the value of multiple building permits during any five-year period is fifty percent of the value of all improvements on the lot prior to application for the building permit; or

C. Add a new paragraph 3 on Page 7 of the SP plan as follows and renumber the existing paragraphs 3, 4, and 5 accordingly:

3. For the purposes of paragraph 1, above, the “value of all improvements on the lot prior to application for the building permit” initially will be determined by reference to the official records of the Davidson County Assessor of Property. If the improvements on the lot currently meet Metro Code standards, then the owner may, at their option, submit a commercially acceptable estimate of the replacement cost of the improvements, which may be used as an alternate method to determine their value.

D. Revise current Paragraph 3 on Page 7 by inserting the following underlined language:

3. Notwithstanding paragraphs 1 and 2, above, all signage provisions contained in this SP shall apply to all sign-related permits. If a nonconforming sign is damaged, however, the issuance of a permit for repairs to the sign to restore the sign to its pre-damage condition shall not require compliance with the standards contained in this SP.

E. Add a new paragraph to the end of the existing language on Page 7 of the SP plan as follows:

In this SP district, an existing nonconforming use may be changed to a new nonconforming use upon a determination by the Metro Planning Commission that the new nonconforming use will be more compatible with surrounding land uses than the existing nonconforming use.

F. Revise paragraph 3.1 the System Regulations for Subdistrict 1 (Page 15) and Subdistrict 2 (Page 25) by inserting the following underlined language:

3.1 All signs must be building-mounted and pedestrian scale. Monument signs that comply with Section VII “Signage Standards” may be used if 1) a minimum of 60 % of the total building frontage along Gallatin Pike is set back 100 or more feet from the property boundary along the right of way, and 2) there is a pre-existing pole sign or other prohibited sign on the property that will be replaced with the monument sign.

G. Add new paragraph 4.4 to the “Landscaping and Buffering” provisions of the System Regulations for Subdistrict 1 (Page 16), Subdistrict 2 (Page 26), and Subdistrict 3 (Page 34), as follows:

4.4 Fences and walls in front of buildings must be constructed of wood, brick, masonry, vinyl, ornamental iron or aluminum, or similar materials in a manner that complements the primary building’s materials and design and may not exceed a height of four (4) feet. No chain link fencing shall be permitted in front of any building.

H. Revise the signage guidelines contained in the Building Regulations for Subdistrict 1 (Page 18) and Subdistrict 2 (Page 28) by inserting the following underlined language:

• Signage
- Building Sign- Projecting; Building Sign- Wall Mounted; Awning Sign; Monument sign, if permitted in paragraph 3.1 of the System Regulations. (See “Signage Standards” for additional signage regulation.)

I. Add the following to the list of excluded uses contained in the SP plan for Subdistrict 1 (Page 21), Subdistrict 2 (Page 30), and Subdistrict 3 (Page 38):

Cash advance
Check cashing
Pawn shop
Title loan

J. Revise the signage guidelines contained in the Building Regulations for Subdistrict 3 (Page 36) by inserting the following underlined language:

• Signage
- Ground Sign – Monument; Building Sign- Projecting; Building Sign- Wall Mounted; Awning Sign. (See “Signage Standards” for additional signage regulation.)

K. Revise paragraph C. 1. of the SP Signage Standards (Page 41) by inserting the following underlined language:

1. Where otherwise permitted by this SP, one monument sign per street frontage is allowed for multi-tenant principal buildings or for single freestanding buildings.

L. Revise paragraph C. 2. of the SP Signage Standards (Page 41) by inserting the following underlined language:

2. In addition to the monument signage allowed, each occupant of a multi-tenant building containing up to three tenants may display up to two on-premises building signs. Properties with separate freestanding buildings are also allowed up to two on-premises building signs per building. Awnings signs shall be counted as building signs for means of calculation.

The owner of any property containing more than three tenants or three separate buildings must submit an overall sign program for the property prior to the issuance of any new sign permit. The sign program will be reviewed by the Planning Department and approved by the Executive Director if it is consistent with the overall goals and intent of the SP district and generally consistent with these Signage Standards. The submitted sign program must, at a minimum, comply with the limitations set forth in Chapter 17.32 of the Zoning Code for the zoning district identified in the land use table for each subdistrict. Only the sign for which a building permit is sought will be required at the time of the permit issuance to bring their signage into compliance with the sign program. All future sign permits for the property will be required to comply with the approved sign program.

M. Delete the existing paragraph E of Section VII of the SP plan (Page 41) and replace it with the following language:

1. Monument signs shall have a maximum sign area of 48 square feet, and shall not exceed six (6) feet in height or three (3) feet in height if any portion of the sign located within 15 feet of a driveway. If the property is entitled to more than one monument sign under the provisions of this SP, the Planning Director is authorized to approve an increase in the maximum area of one monument sign by up to 50% in exchange for giving up the entitlement to any other monument sign otherwise permitted under this SP, provided the proposed consolidation is consistent with the intent of this ordinance. The height of the enlarged monument sign shall not exceed six (6) feet in height or three (3) feet in height if any portion of the sign located within 15 feet of a driveway.

2. Projecting building signs shall have a maximum sign area of 12 square feet.

3. Wall mounted building signs on building faces located up to 50 feet from the property boundary along the public right of way shall have a maximum sign area of 48 square feet. Building faces located more than 50 feet from the property boundary along the public right of way may add an additional one square foot of sign area for every foot over 50 feet that the building face is located from the street, up to a maximum size of 100 square feet.

4. Awning signs shall have a maximum sign area of 50% of the surface area of the awning.

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet Nos. 061, 072, 082 and 083 said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole

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