SUBSTITUTE ORDINANCE BL2017-835
An ordinance amending Title 16 of the Metropolitan Code of Laws to require signs posted by building and demolition permit holders for projects in excess of a certain amount to include information regarding times during which work can be performed and certain noise levels which can be emitted.
WHEREAS, section 16.040.150 of the Metropolitan Code of Laws provides that no contractor, builder, workman, laborer, or person, other than a homeowner/resident working on a residence, shall perform work on a building or structure between the hours of 12 midnight Saturday night and 12 midnight Sunday night; and
WHEREAS, section 16.44.030 of the Metropolitan Code of Laws provides that persons engaged in the construction, repair or demolition of buildings, structures, and other items within or adjoining a residential zone district must not emit noise from construction equipment in excess of 70 Db(A) between the hours of 9 p.m. and 6 a.m.; and
WHEREAS, members of the Metropolitan Council receive frequent complaints from constituents regarding noise levels and other nuisances emanating from construction, demolition and project sites; and these constituents are often unaware of the activities that are or are not permitted on such sites at given hours; and
WHEREAS, section 16.28.23
65 of the Metropolitan Code of Laws already requires project information signs to be posted at major project sites containing certain information for the benefit of the public -- including a rendering of any building exterior, the anticipated completion date, contact information for the property owner, project developer or development company, and contractor. But no information is required to be posted regarding activities allowed or the hours thereof; and
WHEREAS, it is fitting and proper that citizens of Nashville and Davidson County be provided with additional information to promote their vigilance in monitoring construction and demolition site activities that may not be compliant with the Metropolitan Code of Laws.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 16.28.230 of the Metropolitan Code of Laws is hereby amended by deleting in its entirety and replacing with the following:
16.28.230 - Approved permits and construction hours signs —Posted at premises.
A. Work requiring a building permit shall not be commenced until the permit holder or his agent shall have posted the building permit card in a conspicuous place on the front of the premises. The permit shall be protected from the weather and in such position as to permit the director of codes administration to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy required by this chapter has been issued by the director.
B. A project information sign shall be posted at all project sites, excluding public infrastructure projects, in English and Spanish,
with a permit valuation of greater than $2 ,500.00 for all projects requiring a building permit. The sign shall include a phone number for the project applicant, as well as a phone number to file complaints with the Metropolitan Codes Department. One double-sided 24” (vertical) x 36” (horizontal) sign shall be posted for every 50 feet of site frontage, with no more than three signs required per street frontage (each street frontage shall contain a sign per 50 feet of frontage for double frontage lots), containing the appropriate set of information:
A statement as follows For project sites located within or adjacent to a residential zone district, excluding permits obtained by the homeowner/resident working on his or her own residence: “No work is allowed to be performed on this site between the hours of 12:00 midnight Saturday night and 12:00 midnight Sunday night, unless a special permit issued by the director of codes administration is posted in a conspicuous place on these premises. No noise in excess of 70 Db(a) shall be emitted from construction equipment in or beside residential districts between 9:00 pm and 6:00 am.”
2. For all other project sites, excluding permits obtained by the homeowner/resident working on his or her own residence: “No work is allowed to be performed on this site between the hours of 12:00 midnight Saturday night and 12:00 midnight Sunday night, unless a special permit issued by the director of codes administration is posted in a conspicuous place on these premises.
Section 2. That this Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Kathleen Murphy, Colby Sledge, Freddie O'Connell, Angie Henderson, Russ Pulley, Burkley Allen
|Introduced:||August 1, 2017|
|Passed First Reading:||August 1, 2017|
|Referred to:||Codes, Fair, and Farmer's Market Committee|
|Deferred:||August 15, 2017|
|Substitute Introduced:||September 5, 2017|
|Passed Second Reading:||September 5, 2017|
|Passed Third Reading:||September 19, 2017|
|Approved:||September 20, 2017|
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.