ORDINANCE NO. BL2000-317

An ordinance amending Title 17 of the Metropolitan Code by incorporating certain provisions of the Tennessee Scenic Highway System Act.

Whereas, the Tennessee Scenic Highway System Act, Tenn. Code Ann. 54-17-101 et seq. (the "Act"), designates portions of certain Davidson County roads scenic highways; and

Whereas, the Act’s goal of preserving scenic views is consistent with one of the objectives of Title 17 of the Metropolitan Code; and

Whereas, incorporation and clarification of certain of the Act’s developmental restrictions into Title 17 of the Metropolitan Code will benefit the citizens of Davidson County by preserving the scenic and historic character of those road segments designated scenic highways by the Act.

Now, therefore, be it enacted by the council of the Metropolitan Government of Nashville and Davidson County:

Section 1. Section 17.12.050 of the Metropolitan Code is amended by adding a new subsection D as follows:

Special Height Restrictions Along Highways Designated Scenic Under T.C.A. 54-17-101 et seq.

For purposes of this subsection D, the following terms shall have the meanings shown:

Coverage Area means the total surface area proposed to be covered by a structure.

Natural Elevation means the average elevation of the Coverage Area prior to grading, to be computed by dividing the sum of the elevations of points taken at twenty-five foot (25’) intervals around the perimeter of the Coverage Area by the total number of such points.

Measuring Segment means the full segment of scenic highway abutting the property on which the building is to be built.

Measuring Segment Elevation means the average elevation of the Measuring Segment, to be computed by dividing the elevations of points taken along the centerline of the Measuring Segment at twenty-five foot (25’) intervals divided by the total number of such points.

Maximum Building Height means the difference between the maximum elevation of a building, including any object to be affixed thereto, and the Natural Elevation.

The Maximum Building Height of any building to be built within three hundred feet of, and on a parcel of property abutting, a road designated a scenic highway by Tenn. Code Ann. 54-17-101 et seq., as amended, shall not exceed the following:

For a building site having a Natural Elevation lower than the Measuring Segment Elevation, Maximum Building Height shall be no more than thirty-five feet (35’) higher than the Measuring Segment Elevation.

For a building site having a Natural Elevation higher than the Measuring Segment Elevation, Maximum Building Height shall be no more than thirty-five feet (35’) higher than the Natural Elevation.

Section 2. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: John Summers & Jim Shulman

AMENDMENT NO. 1

TO

ORDINANCE NO. BL2000-317

Mr. President:

I move to amend Ordinance No. BL2000-317 by adding the following new Section 2 and renumbering the present Section 2 as Section 3:

"Section 2.  The provisions of this ordinance shall not be applicable to any property for which a building permit was issued prior to the date of filing this ordinance."

Sponsored by:  John Summers & Jim Shulman
Amendment Adopted:  July 6, 2000

LEGISLATIVE HISTORY

Introduced: June 6, 2000
Passed First Reading: June 6, 2000
Referred to: Planning Commission - Approved 7-0 (6/22/00)
Planning & Zoning Committee
Amended: July 6, 2000
Passed Second Reading: July 6, 2000
Passed Third Reading: July 18, 2000
Approved: July 25, 2000
By: Mayor
Effective Date: July 27, 2000