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An ordinance amending Section 17.40.720 of the Metropolitan Code to require mailed notice to all affected property owners of R, R-A, RS, and RS-A parcels when a change to the Zoning Code results in an increase or decrease in the number of allowed dwelling units on the affected parcels (Proposal No. 2024Z-009TX-001).
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BE IT ENACTED BY THE METROPOLITAN COUNCIL OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.40.720 of the Metropolitan Code of Laws is amended by adding the following as a new Subsection F:
F. Amendments to this title that result in an increase or decrease in the number of permissible dwelling units on a parcel zoned R, R-A, RS, or RS-A shall require mailed notice of the public hearing that meets the requirements of subsections A and D of this section. The planning department shall have the responsibility for the preparation and mailing of these written notices.
Section 2. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 3. This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 17.40.720 of the Metropolitan Code to require mailed notice of the public hearing for amendments to Title 17, the Zoning Code, that would result in a change in the number of permitted dwelling units on parcels zoned R, R-A, RS, and/or RS-A. Such notice would be required to conform to the same standards as the mailed notice currently required for amendments to the official zoning map and be sent to all affected parcel owners, all surrounding parcel owners within 1,000 feet of an affected parcel, and to the address(es) of the affected parcels should the owner’s address differ. Additionally, the ordinance requires that the Planning Department be responsible for the preparation and mailing of this notice.
Currently, no mailed notice to property owners is required for text amendments to Title 17. Rather, notice is provided by advertisement in a newspaper of general circulation at least 21 days prior to the public hearing, as well as the posting of the meeting agenda on the Legislative Information Center website (Legistar) via Nashville.gov.
The Planning Commission deferred this item to their July 25, 2024 meeting.
Fiscal Note: The Planning Department staff estimates the cost of a single mailing under this legislation could be as much as approximately $250,000, not including signage. The calculation utilized by Planning staff to arrive at the approximate cost is as follows: number of properties zoned R/RS (~189k) + properties within 1,000 feet (~61k) x $1.00/mailed notice (based on postage and vendor costs) = $250,000.