Metro Government of Nashville and Davidson County

Chapter 17.04. GENERAL PROVISIONS AND DEFINITIONS

§ 17.04.060. Definitions of general terms.

Latest version.

Applicability. Words in the text or tables of this title shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the definition found in the most current edition of Webster's Unabridged Dictionary shall be used. The zoning administrator shall have the right to interpret the definition of the word.

General Terms.

"Above ground" means visible from the surface of the earth.

"Abutting" means touching or sharing a common point or line. This term shall not be deemed to include parcels that are across a public way from each other.

"Accessory or ancillary structure" means a structure detached from a principal building located on the same lot that is customarily incidental and subordinate to the principal building.

"Accessory apartment" means a secondary dwelling unit, attached to a single-family residence, the principal dwelling unit on a lot. The accessory apartment dwelling shall be subordinate in size, height, and purpose to the principal dwelling.

"Accessory dwelling, detached," also referred to as detached accessory dwelling, means a detached dwelling unit separate from the principal single-family structure on a lot located within a historic overlay district, within any urban design overlay with development standards for detached accessory dwellings, on any lot with an improved alley abutting the rear or side property line or on any lot over fifteen thousand square feet. The dwelling shall be clearly subordinate in size, height, and purpose to the principal structure, it shall be located on the same lot as the principal structure, but may be served by separate utility meter(s) and is detached from the principal structure. A detached accessory dwelling can be an independent structure or it can be a dwelling unit above a garage, or it can be attached to a workshop or other accessory structure on the same lot as the principal structure.

"Accessory use" means a use of land or of a building or portion thereof that is customarily incidental and subordinate to the principal use of the land or building and that is located on the same lot as the principal use.

"Active use" means a habitable space occupied by retail, office, residential, institutional, recreational or similar use, specifically excluding parking and mechanical uses.

"Adjacent" means nearby property touching the property lines of a parcel being considered and including property across streets.

"Adult entertainment" means any "adult bookstore," "adult video store," "adult theater," "adult nightclub," or any commercial establishment which for a fee or incidentally to another service, presents material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below for observation by patrons therein.

"Adult bookstore" means an establishment which, as one of its principal business purposes, offers for sale books, magazines, other periodicals, or any other items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section for observation of the patrons therein; or in conjunction therewith has facilities for the presentation of sexually oriented entertainment, including but not limited to sexually oriented movies, sexually oriented videos, sexually oriented films, or sexually oriented live entertainment, as defined in Section 6.54.010 of the Metropolitan Code, for observation by patrons therein.

"Adult nightclub" means a theater, concert hall, auditorium, nightclub, bar, restaurant or similar commercial establishment which regularly features live performances that are characterized by the exposure of "specified sexual activities" or by "specified anatomical areas," as defined below.

"Adult theater" means an enclosed building regularly used for presenting films, motion pictures, video cassettes, slides, or other photographic reproductions or other material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below for observation by patrons therein.

"Adult video" means a video, CD, laser disk, or similar medium with a cover available that depicts "specified sexual activities" or "specified anatomical areas."

"Adult video store" means a commercial establishment which, as one of its principal business purposes offers the sale or rental, or presentation for a fee or incidentally to another service, "adult videos," as defined in this section; or in conjunction therewith, regularly presents on the premises sexually oriented motion pictures or sexually oriented films, "adult videos," or sexually oriented live exhibitions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section and in Section 6.54.010 of the Metropolitan Code for observation by patrons therein.

"Specified anatomical areas" means:

Less than completely and opaquely covered:

Human genitals; pubic region,

ii.

Buttock, and

iii.

Female breast below a point immediately above the top of the areola; and

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means:

Human genitals in a state of sexual stimulation or arousal;

Acts of human masturbation, sexual intercourse or sodomy;

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

"Affordable housing" means housing that, on an annual basis, costs thirty percent or less than the estimated median household income for households earning sixty percent or less than the median household income for the applicable county based on the number of persons in the household, as established by Median Household Income in the Past 12 Months by Household Size (B19019) from the most recently available U.S. Census Bureau American Community Survey.

"After hours establishment" means any establishment open to the general public at any time between the hours of 3:00 a.m. and 6:00 a.m., which has for its primary purpose entertainment, teen clubs, dance clubs, and establishments which feature the playing of live or recorded music. If the establishment requires a cover charge upon entry, contains a dance floor, or uses either a disc jockey or a live band, it shall be considered an 'after hours establishment,' regardless of whether the establishment serves or sells prepared food for consumption.

"Agricultural activity" means the raising of animal, fowl, fish and agricultural or horticultural crops, including but not limited to soybeans, tobacco, timber, orchard fruits, vegetables, flowers and/or ornamental plants for commercial purposes.

"Airport/heliport" means passenger and freight loading and unloading facilities from aircraft and helicopters. Included are runways, hangers, refueling and repair facilities, parking and all other facilities needed to operate aircraft. Ticket purchasing, restaurants and retail stores are permitted as accessory uses.

"Alley" means a public or private right-of-way primarily designed for access to the side or rear of properties.

"Alternative financial services" means any building, room, space or portion thereof where an establishment provides a variety of financial services, including but not limited to cash advance, title loans, check cashing, pawnshops and flex loans, and such establishment is not a state or federally chartered bank, a savings and loan association, industrial loan and thrift company licensed by the state of Tennessee under Title 45, Chapter 5 of the Tennessee Code Annotated and providing only the services authorized under that chapter, or credit union, a mortgage company, a financial institution whose services are insured by an agency of the United States government, or any other entity offering financial services that is not determined to be a financial institution as defined under this section.

"Alternative structure" means a structure that is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted, including but not limited to buildings, water tanks, pole signs, billboards, church steeples, electric power transmission poles/towers, and streetlights.

"Animal boarding facility" means any buildings or land used, designated or arranged for the temporary boarding, care and grooming of domesticated dogs and cats for profit. This use does not include an animal hospital.

"Animal hospital" means an enterprise for the care and treatment of the diseases and injuries of animals, and where animals may be boarded during their treatment and convalescence.

"Antenna" means any apparatus designed for the transmitting and/or receiving of electromagnetic waves, including telephonic, radio or television communications. Types of elements include omni-directional (whip) antennas, sectionalized or sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas, or any other antenna elements approved by the director of information technology services or his delegate.

"Artisan distillery" means the production of alcoholic beverages in quantities not to exceed one thousand barrels per month, with a barrel containing not more than fifty-five U.S. liquid gallons. No artisan distillery shall be permitted within an adult entertainment establishment.

"Asphalt plant" means the manufacturing asphalt-type roofing materials, asphalt and tar paving mixtures, paving block made of asphalt and various compositions of asphalt or tar with other materials, and the recycling of old asphalt into asphalt-type material. This use also includes the stockpiling of bulk materials required for the process and the storage of the required equipment use in the operation.

"Assisted care living" means a licensed "assisted-care living facility" by the State of Tennessee Board of Health that provides domiciliary care, room, board and nonmedical living assistance service to primarily aged, ambulatory persons (sixty-two years of age or older) who live in a rooming unit. Where there is a common kitchen and communal area for all residents within the facility, three rooming units in the facility shall be counted as one dwelling unit for determining the facility's density.

"Attachment" means a building element permitted beyond the front of the "Build-to Zone", but not into the right-of-way.

"Auction house" means an establishment where the real or personal property of others is sold by a broker or auctioneer to persons who attend scheduled sales or events.

"Audio/video tape transfer" means the production of multiple copies of audio or visual tapes from master copies.

"Automated teller machine (ATM)" means a facility to provide banking and other electronic services that are operated by the customer.

"Automobile" means any vehicle designed for carrying 10 passengers or less, is used for the transportation of persons, and has a gross weight of less than 10,000 pounds, but excluding motorcycles and vehicles used to carry passengers for a fee.

"Automobile convenience" means a facility where flammable and combustible liquids, such as gasoline and other motor fuels, are stored and subsequently dispensed, by use of fixed approved dispensing equipment by customers of the facility on a self-service basis and/or by employees on a full-service basis and which may include an automatic car wash for washing one automobile at a time, within an enclosed building; in addition, a facility which also provides sandwiches, snacks, staple groceries and other similar retail products or services, which are not recognized or defined by the Zoning Code as separate uses or as necessary components of separate uses, for sale on premises for consumption off premises by the customer.

"Automobile parking" means the use of property for the commercial parking or storage of operable automobiles on a temporary basis. This does not include the providing of off-street parking required for a use by Chapter 17.20. Such parking shall be for the use of licensed vehicles only and is not intended to include merchandise or vehicles for sale.

"Automobile repair" means any building, structure, improvements, or land used for the general repair, adjusting, overhauling, removing, replacing, rebuilding, or reconditioning of automobiles and engines, including but not limited to body, frame or fender straightening or repair, the reconditioning, repairing, sale, mounting, or installing of any used tires, welding, painting, or upholstery work, collision repair, vehicle steam cleaning, but excluding the assembly, disassembly, dismantling or salvage of automobiles, in whole or in part. No abandoned vehicles shall be stored on the premises. No vehicle to be repaired shall remain on the premises more than forty-five days.

"Automobile sales, new" means a franchised retail automobile dealership that is primarily housed in a structure and characterized by a mixture of secondary supporting uses; however, the principal use of the site shall be the marketing and display of new automobiles, whether by sale, rental, lease or other commercial or financial means. Secondary supporting uses may include an inventory of vehicles for sale or lease either on-site or at a nearby location of new or used automobiles in operating condition, and on-site facilities for the repair and service of automobiles previously sold, rented, or leased by the dealership as defined under "Automobile Repair" and "Automobile Service". No abandoned vehicles shall be stored on the premises.

"Automobile sales, used" means a retail business which sells operable, used automobiles that pass state vehicle inspection requirements upon display in the open for sale or trade. Secondary supporting uses may include the service of automobiles previously sold or traded as defined under "Automobile Service". No "Automobile Repair" or "Scrap Operation" activities may occur on-site and no abandoned vehicles shall be stored on the premises.

"Automobile service" means any building, structure, improvements, or land used for the replacement of any part, or repair of any part, to an automobile that does not require removal of the engine head or pan, engine transmission or differential, including, but not limited to oil change and lubrication, cooling, electrical, fuel and exhaust systems, wheel alignment and balancing, brake adjustment, relining and repairs, mufflers, batteries, new tire services and sales, shock absorbers, installation of stereo equipment, car alarms or cellular phones, but excludes dismantling, rebuilding, reconditioning, or salvage of automobiles, in whole or in part. No abandoned vehicles shall be stored on the premises. No vehicle to be serviced shall remain on the premises more than forty-five days.

"Awning" means a structural extension over the exterior of a door or window which provides protection from the elements.

"Balcony" means an unenclosed habitable structure cantilevered or recessed from a facade.

"Basal area" means cross sectional square footage measured by going through the trunk of a tree on a parallel plane to the ground at diameter breast height.

"Base station" means equipment and non-tower supporting structure at a fixed location that enable wireless telecommunications between user equipment and a communications network. Examples include transmission equipment mounted on a rooftop, water tank, silo or other above ground structure other than a tower. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, but is not limited to: equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; radio transceivers, antennas, coaxial or fiber optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks); any structure other than a tower that, at the time the application is filed under this section, supports or houses equipment described in this definition that has been reviewed and approved under the applicable zoning or siting process, or under another metro regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. "Base station" does not include any structure that, at the time the application is filed under this section, does not support or house wireless communication equipment.

"Bed and breakfast inn" means a commercial establishment with four through ten furnished guest rooms whose principal use is for paid accommodation to guests. Bed and breakfast inns shall be occupied by the owner-occupant and/or a full-time live-in manager. Meals may be provided to overnight guests. The maximum stay for any guest shall be fourteen consecutive days.

"Beer and cigarette market" means a retail establishment that advertises itself on the exterior of the premises as a tobacco and/or beer market, and whose inventory consists primarily of alcoholic beverages and tobacco products.

"Bike lane" means a section of a roadway which has been designated by striping, signing and pavement markings for the exclusive use of bicyclists.

"Bikeway" is a generic term for any road, street, path, or way that in some manner is specifically designated for bicycle travel, it may be for the exclusive use of bicycles or to be shared with other transportation modes.

"Block" means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

"Block face" means a single boundary of a block described in the definition of a Block. A block face is opposing when it is across a public street.

"Boarding house" means a residential facility or a portion of a residential dwelling unit for the temporary accommodation of persons or families in a rooming unit, whether for compensation or not, who are in need of shared lodging and personal services, supervision, or rehabilitative services.

"Boat storage" means the use of property for the commercial parking or storage of boats. Such parking/storage is not intended to include boats for sale.

"Breakpoint technology" means the engineering design of a monopole, or any applicable support structure, wherein a specified point on the monopole is designed to have stresses concentrated so that the point is at least five percent more susceptible to failure than any other point along the monopole so that in the event of a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the monopole.

"Buffer" means an area of land, including landscaping, berms, wall and fences, which is located between specified uses or rights-of-way.

"Building" means any structure that encloses a space used for sheltering any occupancy.

"Building contractors supply" means the construction and incidental storage activities performed by construction contractors on zone lots other than construction sites, as well as the retail or wholesale sale of materials used by the construction trades.

"Building permit" means a permit required by Title 16 of the Metropolitan Code for the construction, alteration, expansion or renovation of a structure.

"Building type" means a classification of buildings by function, disposition and configuration that provides the norm against which variations are assessed and classified. Buildings shall be classified as residential, commercial, industrial, civic, or support.

"Build-to zone" means an area established within a given lot indicating where the building frontage must be located. Depending on particular circumstances, the build-to zone may be measured from the property line, the back of an easement, or the back of the sidewalk.

"Bulk regulations" means standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, impervious surface ratio, floor area ratio and yard requirements.

"Business school" means an enterprise offering instruction and training, including four-year degrees and/or postgraduate degrees, in a service or the arts such as secretarial, cosmetology, commercial artist, computer software, legal, and similar training, provided that such enterprise does not offer student housing or athletic facilities at the site.

"Business service" means the provision of services required for the day to day operation of a business such as, but not limited to, consulting service, photocopy or office supply.

"Caliper inches" means the quantity in inches of the diameter of a tree measured at a height of six inches above the ground for trees with a diameter of four inches and under, and at twelve inches above the ground for trees over four inches in diameter.

"Camp" means a place where children, youth and adults gather together for spiritual, recreational, or educational purposes in an organized and supervised manner, and where overnight lodging (e.g. tents, cabins), food, counseling, religious, and outdoor recreational activities may be provided.

"Canopy" means a roof projection over a door, entrance into a building, a drive thru window or other business-related uses, including automatic teller machines (ATM), bank by car facilities, fuel pumps and the like, which is supported only by an attachment to the main building or by posts or columns, and is without walls.

"Car wash" means a building or portion thereof containing facilities for washing more than two automobiles, using production-line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices within an enclosed structure or a self-service facility with one or more wash bay(s) that is free or coin-operated. Car wash also includes operations that are done by hand such as auto detailing.

"Cash advance" means any building, room, space or portion thereof where unsecured, short-term cash advances are provided, including those made against future pay checks, as regulated by Title 45, Chapter 17, of the Tennessee Code Annotated.

"Cellular on wheels (COW)" means a temporary PWSF placed on property to provide short term, high volume telecommunications services to a specific location and which can be easily removed from the property.

"Certificate of compliance" means approval by the zoning administrator that a use, building or structure complies with the provisions of this Zoning Code.

"Check cashing" means any building, room, space or portion thereof where checks are cashed in exchange for a fee, as regulated by Title 45, Chapter 18, of the Tennessee Code Annotated.

"Civic building" means any building designed and constructed for community use or benefit by governmental, cultural, educational, public welfare, religious or transportation organizations.

"Club" means a facility which offers social, educational, cultural or other similar activities that are only available to members and their guests.

"Collection center" means a facility which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive household waste, municipal solid waste and recyclable material.

"College or university" means an institution of higher education offering undergraduate or graduate degrees.

"Collocation" means the mounting or installation of transmission equipment on an eligible support structure for the purposes of transmitting and/or receiving radio frequency signals for communications purposes so that installation of a new support structure will not be required, including an eligible facilities request or a qualified collocation request.

"Commercial amusement, inside" or "inside commercial amusement" means the provision of entertainment, performances or games of skill to the general public for a fee, or a permanent event space, and that is wholly enclosed in a building, including but not limited to a bowling alley or billiard parlor. This use does not include an arena.

"Commercial amusement, outside" or "outside commercial amusement" means the provision of entertainment or games of skill to the general public for a fee, or a permanent event space, where any portion of the activity takes place outside of a building, including but not limited to a golf driving range, archery range or miniature golf course. This use does not include a stadium.

"Commercial community gardening" means an individual or group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for commercial sale. Commercial community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

"Commercial establishment" means an establishment used for the conduct of a business.

"Common open space" means land and/or an area of water within the site designed and intended for the use or enjoyment of the occupants, which may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the occupants of the development.

"Communications hut" means a non-habitable structure that contains equipment for communications services.

"Community education" means instructions on a elementary, middle and high school level, approved under the regulations of the state.

"Completion" means the earliest of the following dates: The date a temporary certificate of occupancy is issued by the Metro Government for a project, the date a certificate of occupancy is issued by the Metro Government for a project, or the date the final inspection approving the project is completed.

"Concrete plant" means the production of concrete that uses a manufacturing process involving the mixing of a number of aggregates, sand, water, cement, and/or other components. This use also includes the stockpiling of bulk materials required for the process and the storage of the required equipment use in the operation.

"Consignment sale" means a sale of personal property by someone who is acting as an agent of another.

"Construction" means the building, rehabilitation, remodeling, renovation or repair of any structure, landscape, hardscape, or any portion thereof, including any associated tenant improvements.

"Construction and demolition (C&D) waste, debris, or material" means discarded materials resulting from construction, remodeling, repair, demolition, or salvage operations that are generally considered not to be water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, ceiling tiles, ceramic tile, carpeting, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.

"Construction/demolition waste processing (project-specific)" means space designated during the term of the demolition or construction project, located either physically on the project site or on another property within a one-half mile radius of the project site boundary, 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. No materials shall be received from any other construction project, other than the designated project, for which the space was originally intended.

"Correctional facility" means a facility for the housing and care for individuals legally confined for violations of law.

"Cottage development, single-family" or "single family cottage development" means a single-family residential development of four to ten dwelling units arranged on small lots on at least two sides of a common open space with frontage onto a street of sufficient width to allow direct pedestrian access to the street. Vehicular access is via an abutting alley or private drive.

"Cultural center" means services to the public, such as, but not limited to museums, art galleries and libraries.

"Custom assembly" means the on-site production of goods by hand manufacturing that generally involves only the use of hand tools. Incidental direct sale to consumers of the goods produced on-site is permitted.

"Curb level" means the elevation obtained by averaging the points located where the side lot lines of a lot extended will intersect the nearest edge of the travelway of that street.

"Day care" means the provision of care for individuals, who are not related to the primary caregiver, for less than twenty-four hours per day. These classes are referenced:

Accessory to a single-family dwelling: Up to four individuals;

Day care home: Five through twelve individuals;

Class I: Thirteen through twenty-five individuals;

Class II: Twenty-six through fifty individuals;

Class III: Fifty-one through seventy-five individuals;

Class IV: More than seventy-five individuals;

Parents day out: Day care for pre-teenage children that is not open for more than twelve hours in any one week;

School day care: Day care centers of unlimited size for before, during and after school programs.

"Decibel A-weighted (dBA)" means a unit for describing the amplitude of sound as measured on a sound level meter using the A-weighting network.

"Demolition" means the decimating, razing, ruining, tearing down or wrecking in whole or in part, any facility, structure, foundation, landscaping, pavement or building, (wall, fence) whether in whole or in part, whether interior or exterior.

"Density" means a numerical ratio representing the total number of residential dwelling units on a lot divided by the horizontal area of the lot, expressed in terms of "units per acre."

"Diameter breast height (DBH)" means the diameter in inches of a tree measured at four and one-half (4½) feet above the existing grade.

"Distributed antenna system (DAS)" means a system consisting of: (1) a number of remote communications nodes deployed throughout the desired coverage area, each including at least one antenna for transmission and reception; (2) a high capacity signal transport medium (typically fiber optic cable) connecting each node to a central communications hub site; and (3) radio transceivers located at the hub site (rather than at each individual node as is the case for small cells) to process or control the communications signals transmitted and received through the antennas.

"Distributive business/wholesale" means the sale or distribution of goods from the premises that may consist of the flexible use of the floor area for warehouse, assembly, showroom and office space within tenant areas, with the showroom and office area not exceeding fifty percent of the total floor area permitted on the parcel.

"Domestic animals/wildlife" means 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.

"Domesticated hens" means female chickens that may, where permitted, be kept and maintained for the non-commercial production of eggs, education, companionship, or recreation. Other types of fowl and poultry shall not be considered domesticated hens.

"Donation center, drop-off" means any lot, building, structure or premises used solely for the collection of clothing furniture, housewares, small electrical appliances, household textiles, toys, and other small household items. The center shall not pay for materials collected or sell any collected materials on the premises. Collected materials shall be stored in an enclosed location on-site until picked up and taken to a central sorting and distribution center. Types of drop-off donation centers range from storefront centers, which may include a drive-thru facility, to other enclosed facilities.

"Driving range" means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt-putt" courses.

"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Eave line" means the extension of a roof line beyond the vertical wall of a building.

"Elderly housing" means multi-family housing that is restricted to occupation by an "elderly person" as defined by 24 CFR 891.205, or "elderly family" as defined by 24 CFR 891.505. Elderly housing shall be subject to the same requirements under this Zoning Code as multi-family housing, except where a specific standard or requirement is otherwise provided. Elderly housing shall include one or more of the following:

A recorded declaration of land use restrictive covenants for low-income housing tax credits for the benefit of the Tennessee Housing Development Agency that restricts the housing to occupancy only by an elderly person or elderly family;

A recorded declaration of land use restrictive covenants for the benefit of the metropolitan development and housing agency that restricts the housing to occupancy only by an elderly person or elderly family;

A recorded use agreement between the owner of the property and the U.S. Department of Housing and Urban Development pursuant to Section 202 of the Housing Act of 1949 (12 U.S.C. 1701q), as amended; or

Documentary proof that the property has received an exemption from property taxes pursuant to Tenn. Code Ann. § 67-5-207.

"Electrical service lines" means an electrical line serving limited geographic areas of residential neighborhoods by providing electrical power directly to a residence, or group of residences, and not designed to extend service more than one-half mile.

"Electrical distribution lines" means an electrical line designed to distribute electric power to, and through, agricultural, residential, commercial, and industrial areas.

"Electrical transmission lines" means electrical power lines, feeder circuits, or networks designed to transmit electrical power for regional use.

"Eligible facilities request" means any request for modification of an existing tower or base station involving collocation of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment that does not substantially change the physical dimensions of such tower or base station.

"Eligible support structure" means any tower or base station existing at the time the application is filed with metro. For purposes of this ordinance, the definition of "eligible support structure" shall include utility structures currently hosting fiber, cable and wire.

"Family" means one of the following:

An individual, or two or more persons related by blood, marriage or law, or, unless otherwise required by federal or state law, a group of not more than three unrelated persons living together in a dwelling unit. Servants and temporary nonpaying guests having common housekeeping facilities with a family are a part of the family for this code;

A group of not more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit in accordance with Tennessee Code Annotated § 13-24-102. For purposes of this subsection, 'mentally handicapped' and 'physically handicapped' includes persons being professionally treated for drug and/or alcohol dependency or abuse. For the purposes of this subsection, "mentally handicapped" does not include persons who are mentally ill and, because of such mental illness, pose a likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.

A group of not more than eight unrelated persons over the age of sixty-five, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit.

"Final site plan" means a detailed set of construction plans that fully demonstrate compliance with all applicable provisions of this code and accurately represent the final form of proposed construction, serving as the basis for the issuance of zoning permits and certificates of compliance.

"Financial institution" means any building, room, space or portion thereof where an establishment provides a variety of financial services and is a state or federally chartered bank, savings and loan association, industrial loan and thrift company licensed by the State of Tennessee under Title 45, Chapter 5 of Tennessee Code Annotated and providing only the services authorized under that chapter, or credit union, a mortgage company, or other financial institution whose services are insured by an agency of the United States government, but excluding alternative financial services.

"First floor elevation" means the height of the first floor of a building above the ground.

"Flea market" means the offering for sale of merchandise or goods to the general public on a temporary basis by two or more vendors, at least one of whom is not the owner of the property on which the offering is made. Excluded from the definition of "flea market" are establishments conducting business during regular hours throughout the year that meet the general definition of "retail".

"Flex loan" means any building, room, space or portion thereof where a written agreement providing open-end credit, either unsecured or secured by personal property, in which repeated non-commercial loans for personal, family or household purposes is contemplated, as regulated by Title 45, Chapter 12, of the Tennessee Code Annotated.

Flood, 100-year. "100-year flood" means a standard adopted by the Federal Emergency Management Agency (FEMA) to identify areas where there exists a one percent annual chance of a flood occurring.

"Floodplain" means land area, including the floodway of any river, stream or watercourse, susceptible to being inundated by water as identified by the 100-year flood.

"Floodway" means the channel of a stream that has current, direction and velocity to it during a flood, and in which debris may be carried.

"Floor area" means the total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the main walls of principal or accessory buildings (or the center lines of party walls separating such buildings or portions thereof) or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls.

"Floor area ratio (FAR)" means the total floor area of all structures on a lot, divided by the total horizontal area of the lot. See Diagram 17.04A.

"Fraternity/sorority house" means living quarters for private social organizations serving students of colleges or universities.

"Frontage" means any portion of a lot that abuts a public street (excluding alleys) and "open space".

"Frontage, minor" means the frontage with lesser pedestrian importance.

"Frontage, principal" means the frontage of highest pedestrian importance.

"Front facade" means the front vertical face of a building that is substantially in one plane, has associated with it a primary entrance, and is composed from the following architectural components: exterior walls; columns or other vertical structural elements; windows; doors; roof edges; permanently roofed recesses; and arcades, balconies, or porches with permanent roofs supported by vertical structural supports.

"Fuel storage" means the storage of motor vehicle fuels for use by vehicles of an institution or business entity located on the same property.

"Garage sale" means sale of personal property by homeowner or occupant of real property.

"General plan" means an official public document adopted by the metropolitan planning commission in accordance with Sections 11.504(e) and 18.02 of the Charter of Metropolitan Government of Nashville and Davidson County to provide the overall basis for zoning development decisions. Individual subarea plans that provide detailed guidance for specific areas are adopted by the commission and become a part of the general plan.

"Grade" means in the DTC zoning district the elevation of the sidewalk across a lot frontage measured in the build-to-zone.

"Greenway" means a linear park, alternative transportation route, or open space conservation area approved by the metro greenways commission that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas, as indicated in a greenway plan adopted by the commission.

"Grocery store" means a retail establishment that primarily sells food, including canned, packaged, and frozen foods; fresh fruits and vegetables; and fresh (raw) and prepared meats, fish, and poultry.

"Habitable space" means building space the use of which involves human presence with direct view of the fronting street, or public or private open space, but excluding parking garages, self-service storage facilities, warehouses, or similar.

"Handicrafts" or "handcrafted" means an object that requires use of the hands, hand tools and human craft skills in its production, and is not mass produced.

"Hazardous operation" means a use that may present serious hazards to human life and health such as, but not limited to arsenals, atomic reactors, explosives and fireworks manufacture.

"Heavy equipment sales and service" means the retail or wholesale sale or rental of heavy motorized vehicles or equipment, along with incidental service or maintenance such as, but not limited to construction equipment rental yards, tractor-trailers, semi-trailers, boats, buses, recreational vehicles, farm equipment and moving trailer rental. (See "Automobile sales, new", "Automobile sales, used", "Automobile repair", "Automobile service", "Vehicular, rental/leasing", and "Vehicular sales and service, limited.")

"Height control plane" means an imaginary inclined plane that slopes over a lot to establish the maximum height of structures on that lot. The plane begins above grade at the height established in Tables 17.12.020B and 17.12.020C and slopes inwardly at the slope established by those tables. See Diagram 17.04B.

"Helistop" means a helicopter landing area for boarding and discharging the occupants of the craft. Maintenance or fueling is not permitted.

"Historic bed and breakfast homestay" means three or fewer furnished guest rooms for pay within a private, owner-occupied historically significant structure. Meals may be provided to overnight guests. The maximum stay for any guest shall be fourteen consecutive days.

"Historic home event" means the hosting of events such as, but not limited to, weddings or parties for pay in a private home which has been judged to be historically significant by the historical commission.

"Historically significant structure" means a structure that meets one of the following criteria:

The structure is individually listed or is eligible for listing in the National Register of Historic Places as determined by the metropolitan historic zoning commission of Nashville and Davidson County, or by the Tennessee Historical Commission; or,

The structure is within a district listed or eligible for listing in the National Register of Historic Places or is within an historic overlay district, such structure having been determined to contribute to the architectural character of the district by the metropolitan historic zoning commission of Nashville and Davidson County or by the Tennessee Historical Commission; or,

The structure is within a historic overlay district, or within a district that meets the criteria for designation as a historic overlay district, such structure having been determined to contribute to the architectural character of the district by the metropolitan historic zoning commission of Nashville and Davidson County.

"Home improvement sales" means the retail sale of a diverse range of hardware and related materials generally used in the maintenance, repair or construction of buildings or other structures, including lawn and garden supplies.

"Home occupation" means an occupation, service, profession or enterprise carried on by a resident member of a family within a dwelling unit.

"Hospice" means an establishment that provides for the physical and emotional needs of terminally ill individuals.

"Hotel" means any commercial establishment, or any portion of such establishment, (A) whose principal use provides that such structure is occupied or intended or designed for occupancy by transients for lodging or sleeping purposes within the area of the jurisdiction of the metropolitan government, and includes any hotel, inn, tourist court, tourist camp, tourist cabin, motel or any place meeting this definition, and (B) accepts on-site reservations for accommodations.

"Impervious Surface Ratio (ISR)" means a ratio derived by dividing the amount of the site that is covered by any material that substantially reduces or prevents the infiltration of stormwater by the total horizontal area of the lot. Impervious surfaces include, but are not limited to, roofs, streets, sidewalks and parking lots paved with asphalt, concrete, compacted sand, compacted gravel or clay. See Diagram 17.04C.

"Incidental alteration" means modifications to a building or structure that are of a cosmetic nature, replacement of utilities, re-arrangement of internal partitions. The replacement of load-bearing walls is not permitted.

"Inventory stock" means the incidental storage of goods, chattels or products within the structure where sold at retail or wholesale.

"Kennel/stable" means any lot, building, structure or premises used for the boarding, breeding, training, and/or raising of domestic animal/wildlife (excluding livestock), whether by owners of such animals or by persons providing facilities and care, whether or not for compensation, but shall not apply to the keeping of animals in a municipal animal pound, pet store, a bona fide laboratory for scientific or experimental purposes (e.g. dental, veterinary, pharmaceutical or biological) or in a veterinary establishment for the purpose of observation and/or recovery necessary to veterinary treatment.

"Landscape buffer yard" means a required yard located at the perimeter of the lot containing landscaping, berms, walls or fences that shield uses on adjacent properties from those uses occurring on the subject property. See Diagram 17.04D.

"Landfill, construction/demolition" means the disposal of nonbiodegradable waste resulting from road building, construction, remodeling, repair or demolition of structures.

Landfill, sanitary. "Sanitary landfill" means the burial of nonhazardous and non-medical farm, residential, institutional, commercial or industrial waste.

"Landowner" means the legal or beneficial owner or owners of the land. The holder of an option or contract to purchase, a lessee having a remaining term of not less than fifty years in duration, or other person having an enforceable proprietary interest may be considered a "landowner" for the purposes of this title.

"Leading edge" means that edge of a building's front facade which projects farthest forward on the front portion of a lot. The leading edge may be measured at the forward-most edge of an arcade or of a porch with permanent roof supported by vertical structural supports, but may not be measured at the front-most edge of a projecting awning or stoop.

"Liner building" means a building specifically designed to mask a parking garage or structure from a frontage on a public street or public space.

"Listed species" means any plant species designated as endangered, threatened or a species of special concern by the Tennessee Department of Conservation in its "Revised List of Tennessee's Rare Plants" and all amendments thereto.

"Liquor sales" means the retail sale of alcoholic spirituous beverages as defined in Section 57-3-101 Tennessee Code Annotated to patrons or customers, in sealed packages, and not for consumption on the premises.

"Lot" means a tract, plot or portion of a subdivision or parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development. See Diagram 17.04E. Lot terms used are:

"Corner lot" means a lot situated at the intersection of two streets;

"Lot area" means the horizontal area included within the boundary lines of a lot; typically stated in terms of acreage (ac.) or square feet (sq. ft.);

"Lot depth" means the horizontal distance between the rear lot line (or some other lot line in cases where there is no rear lot line) and the midpoint of the front lot line, measured back from such midpoint in the mean direction of the side lot line.

"Through lot" means any lot that adjoins two street lines opposite to each other and parallel or within forty-five degrees of being parallel to each other. Any portion of a through lot that is not or could not be bounded by two such opposite street lines and two straight lines intersecting such street lines shall be subject to the regulations for an interior lot.

"Perimeter lot" means a lot which abuts the external boundary of a subdivision, or lot which contains less than the area required by the zoning district that is otherwise adjacent to the external boundary of a subdivision.

"Lot line" means a boundary of a lot. Lot line terms used are:

"Front lot line" means the lot line along which a front setback is designated or required.

"Lot frontage" means the length of a front lot line along a street or access easement.

"Lot width" means the horizontal distance between side lot lines measured at the minimum required front yard setback line.

"Rear lot line" means the lot line along which a rear setback is designated or required.

"Side lot line" means the lot line along which a side setback is designated or required.

"Major and Collector Street Plan" means a transportation plan required by the general plan and adopted by the planning commission pursuant to Section 13-3-402 and 13-4-302, Tennessee Code Annotated, showing, among other things, the general location, character and extent of arterial-boulevard, arterial-parkway and collector-avenue streets.

"Manufacturing, Artisan" means the shared or individual use of hand-tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to: electronic goods; food and bakery products; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.

Manufacturing, heavy. "Heavy manufacturing" means the manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process. Typical heavy manufacturing uses include but are not limited to: tile or brick manufacturing; automobile, truck, and tire assembly; ammonia or chlorine manufacturing; metal casting or foundries; gas manufacturing; grain milling or processing; metal or metal ore production, refining, smelting, or alloying; petroleum or petroleum product refining; boat, pool and spa manufacturing; slaughtering of animals; glass manufacturing; paper manufacturing; and wood or lumber processing.

Manufacturing, light. "Light manufacturing" means the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Typical light manufacturing uses include but are not limited to: electronic goods; food and bakery products; non-alcoholic beverages; paper imprinting; household appliances; leather products; jewelry; food and bakery products; and, clothing apparel.

Manufacturing, medium. "Medium manufacturing" means the processing and manufacturing of materials or products predominately from extracted or raw materials. These activities may include outdoor assembly and storage of products. Outdoor manufacturing of raw materials into compost, primarily for commercial resale, is a medium manufacturing activity. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. Typical medium manufacturing uses include but are not limited to: alcoholic beverages; glue; carpet; porcelain products for bathroom and kitchen fixtures; bleaching products; vegetable gelatin; dye stuffs; welding; furniture; and sporting goods;

"Master development plan" means a conceptual plan of development representing the intended integration of differing land uses and/or multiple structures within the framework of a unified design plan served by adequate streets and utilities. Often developed in phases, a master development plan forms the basis for subsequent approvals of detailed final site plans.

Editor's note— The types of development plans within this local jurisdiction that will cause property rights to vest consistent with Tennessee's Vested Property Rights Act of 2014 are found in Resolution RS2014-1330.

"Medical or scientific lab" means a facility for research, testing or investigation of a medical or scientific nature, but not for the production of a product.

"Medical waste" means a facility used to store and/or repackage medical waste for transportation to a processing facility.

"Mezzanine" means in the DTC zoning district a portion of a story. Mezzanine floors that cover more than fifty percent of the story below shall be counted as a full story.

"Microbrewery" means the production of beer, regardless of the percentage of alcohol by volume (ABV), in quantities not to exceed five thousand barrels per month, with a barrel containing thirty-one U.S. liquid gallons.

"Mineral extraction" means the extraction of metallic and nonmetallic minerals or materials, including rock crushing, screening and the accessory storage of explosives.

"Minor improvements" means improvements, including buildings and all other structures, that have a total assessed valuation of ten percent or less of the assessed valuation of the lot upon which they are located.

"Mobile home" means a portable or movable single-wide manufactured home designed and constructed to permit long-term occupancy for dwelling purposes that is permanently mounted on a single chassis with or without a permanent foundation.

"Mobile storage unit" means the purchase, lease, or rental of any storage unit, trailer, or container that is either set on the ground or on wheels, and which is typically used for, but is not limited to the storage of equipment, excess inventory, layaway items, back-to-school merchandise, seasonal merchandise, records or clearance sale items. A mobile storage unit excludes containers belonging to a railroad or barge operation located in a railroad yard, on a railroad track, and on or near a navigable river.

"Mobile vendor" means a person who peddles, vends, sells, displays, or offers for sale goods, wares or merchandise at a temporary location and/or on a temporary or occasional basis. Notwithstanding the foregoing, vendors selling only food and/or beverages, vendors selling living plants and agricultural products, and street vendors licensed pursuant to [Section] 13.08.040 of the Metropolitan Code of Laws shall not be considered "mobile vendors". Further, a nonprofit organization that is exempt from taxation under the Internal Revenue Code of 1986 (as amended) selling goods, wares, or merchandise as part of a fundraising event shall not be considered a "mobile vendor", provided that a nonprofit organization shall not sell such items at more than two fundraising events per calendar year with a duration not to exceed five days.

"Motor freight" means facilities engaged in the shipment of goods from shippers to receivers for a charge including the services of other transportation establishments to effectuate delivery.

"Multi-copy" means services for instant reproduction of documents by the photocopy process for individual patrons.

"Multi-family" means three or more dwelling units within a single structure.

"Multimedia productions" means a facility for the staging and recording of video or audio productions such as, but not limited to music commercials, programs and motion pictures.

"Nano brewery" means the production of beer, regardless of the percentage of alcohol by volume (ABV), in quantities not to exceed one thousand two hundred fifty barrels per month.

"Native vegetation" means any indigenous tree, plant or shrub adapted to soil and climatic conditions occurring on-site.

"Natural gas compressor station" means a facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.

"Non-commercial community gardening" means a group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Non-commercial community gardening refers to crops for use/consumption by growers only.

"Nonconforming structure" means a structure that was originally legally constructed but which now does not meet one or more of the standards or requirements (other than use) of the zoning district in which it is located.

"Nonconforming use" means a use originally legally established, but which now does not currently conform to the applicable use regulations of the zoning district in which it is located.

"Nonresidential drug treatment facility" means nonresidential drug treatment facilities are characterized by the dispensing of substitute narcotics for the treatment of drug addictions with little or no professional counseling on an outpatient basis.

"Nursing home" means a state licensed facility providing full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity are unable to care for themselves and require skilled nursing and related medical services.

Office, general. "General office" means the provision of executive, management, administrative or professional services, but not involving medical services.

Office, leasing/sales. "Leasing/sales office" means the use of a unit or dwelling as a leasing and or sales office for other units within that development.

"On-site agricultural sales" means property containing at least five acres of land and used for sale of seasonal agricultural items produced on the property and sold to the public through a roadside stand, farm stand, "cut your own" and/or "pick your own" activity. For purposes of this use "property" shall mean any contiguous, abutting, or adjacent property under the same ownership.

"Open space" means public or privately held land used for active or passive recreation, including, but not limited to parks, plazas, courtyards, playing fields, trails, greenways, and golf courses.

"Outpatient clinic" means a facility for examining and treating patients with medical problems on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than twenty-four hours.

"Park" means any facility that is:

Open to the public for recreational uses, including, but not limited to, hiking, swimming, boating, camping;

Predominately kept in a natural state; or

Property of the local, state or federal government, or any department or agency thereof, specifically designated as a park, natural area or recreation area. However, the term "park" shall not include "greenways" as defined in Metropolitan Code of Laws Section 17.04.060(B).

"Park and ride lot" means the temporary storage of automobiles on a daily basis for persons traveling together to and from work either through carpools, vanpools, buspools or mass transit.

"Parking garage" means a "parking structure".

"Parking structure" means a parking facility consisting of two or more stories which requires ramp access. This does not include a single-story garage, carport or other covered parking area that is otherwise a surface parking lot. A parking structure may be part of a mixed-use building or be a stand alone building.

"Pawnshop" means any building, room, space or portion thereof where a pawnbroker regularly conducts business, as regulated by Title 45, Chapter 6, of the Tennessee Code Annotated.

"Pedestrian benefit zones" means the sixteen zones in which contributions in lieu of sidewalk construction may be collected, and where such contributions shall be spent for the safety and convenience of pedestrians. Pedestrian benefit zones are as follows:

Zone 1: Bounded by I-40 on the south; I-65 on the southeast; Cumberland River on the north; State Route 155 on the west. (North Nashville, Metro Center, Nations areas)

Zone 2: Bounded by Cumberland River and I-65 on the south; I-24 on the east; State Route 155 on the north and west. (Bordeaux area)

Zone 3: Bounded by Cumberland River on the south and east; State Route 155 on the north; I-24 on the east. (East Nashville, Parkwood areas)

Zone 4: Bounded by I-40 on the south; Stones River on the east; the Cumberland River on the north; I-24 on the west. (Spence Lane, Donelson areas)

Zone 5: Bounded by I-440, I-24, and State Route 155 on the south and east; I-40 on the north; I-65 on the west. (South Nashville, North Mill Creek areas)

Zone 6: Bounded by I-440 on the west and south; I-65 on the east; I-40 on the north. (Midtown area)

Zone 7: Bounded by the downtown interstate loop. (Downtown area)

Zone 8: Bounded by the county line on the south; I-65 on the east; I-440 and I-40 on the north; State Route 251, State Route 100, and Harpeth River on the west. (West Nashville, Green Hills areas)

Zone 9: Bounded by the county line on the west and south; Harpeth River, State Route 100, and State Route 251 on the east; I-40 on the north. (Bellevue, Pasquo, Harpeth River areas)

Zone 10: Bounded by I-40 on the south; State Route 155 on the east; Cumberland River on the north; county line on the west. (Newsom Station, Whites Bend, Cockrill Bend areas)

Zone 11: Bounded by Cumberland River and State Route 155 on the south; I-24 on the east and north; county line on the west. (Joelton, Beaman Park, Bells Bend areas)

Zone 12: Bounded by State Route 155 on the south; I-65 on the east; county line on the north; and I-24 on the west. (Paradise Ridge, Union Hill, Goodlettsville areas)

Zone 13: Bounded by State Route 155 and Cumberland River on the south and east; county line on the north; I-65 on the west. (Madison, Neelys Bend, Rivergate areas)

Zone 14: Bounded by I-40 on the south; county line on the east; Old Hickory Lake and Cumberland River on the north and west; Stones River on the southwest. (Old Hickory, Lakewood, Hermitage areas)

Zone 15: Bounded by I-24 on the southwest; county line on the south and east; I-40 on the north; State Route 155 on the northwest. (Antioch, Priest Lake areas)

Zone 16: Bounded by county line on the south; I-24 on the east; I-440 on the north; I-65 on the west. (Grassmere, Southeast Nashville, Cane Ridge areas)

Pedestrian Benefit Zones

"Pedestrian passage" means a pedestrian connection between or through buildings or lots, accessible to the public.

"Pedestrian travelway" means the portion of a sidewalk or multi-use path intended to facilitate the unobstructed through movement of pedestrians and/or bicyclists.

"Personal care services" means services such as fitness centers, spas, tanning salons, beauty and barber care, and dry cleaning and laundry services not to include a laundry plant.

"Personal instruction" means services for training individuals or groups in arts, fitness, personal defense, crafts or other subjects of a similar nature.

"Personal wireless service facility (PWSF)" means any staffed or unstaffed location for the transmission and/or reception of radio frequency signals or other personal wireless communications, including commercial mobile services, unlicensed wireless services, wireless broadband services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and usually consisting of an antenna or group of antennas, transmission cables, feed lines, equipment cabinets or shelters, and may include a tower. Facilities may include new, replacement, or existing towers, replacement towers, collocation on existing towers, base station attached concealed and non-concealed antenna, dual purpose facilities, concealed towers, and non-concealed towers (monopoles, lattice and guyed), so long as those facilities are used in the provision of personal wireless services as that term is defined in the Telecommunications Act.

"Porch" means an open air room appended to the mass of a building with floor and roof.

"Power/gas substation" means a facility that regulates electric current or natural gas pressure for distribution to individual neighborhoods.

"Preservation permit" means a certificate issued by the historic zoning commission denoting approval of changes in uses, buildings or structures to be made within a historic overlay district.

"Principal building" means a building that contains the principal use located on a lot.

"Principal business purpose" means a business purpose for which any one of the following applies:

(1)

At least thirty-five percent of the business's displayed merchandise consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations, which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas";

(2)

At least thirty-five percent of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items;

(3)

At least thirty-five percent of the retail value of the business's displayed merchandise consists of the foregoing enumerated items;

(4)

At least thirty-five percent of the business's revenues derive from the sale or rental, for any form of consideration, of the foregoing enumerated items;

(5)

At least thirty-five percent of business's interior business space is used for the display, sale, or rental of the foregoing enumerated items;

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "XXX" or "x-rated" or "erotic" or "sexual" or "pornographic" material on signage visible from a public right-of-way.

"Principal pedestrian entrance" means the main point of pedestrian access to a building.

"Principal use" means a use that fulfills a primary function of an establishment, institution, household, or other entity.

"Printing and publishing" means the production and distribution of books, magazines, newspapers and other printed matter, including retail photocopying and blueprinting services, as well as record pressing and publishing, engraving and photoengraving.

"Putrescible waste" means material which is capable of undergoing the process of decomposition resulting in the formation of malodorous byproducts.

"Qualified collocation request" means collocation of PWSF on a tower or base station that creates a substantial change in the facility but is entitled to processing within ninety days under 47 U.S.C. § 332(c)(7).

"Radio/television/satellite tower" means towers and accessory buildings for transmitting and receiving radio, television, satellite and other broadcast signals, including radar surveillance.

"Recreation center" means recreational facilities such as community centers, playgrounds, parks, swimming pools and playing fields that are available to the membership of a club or the general public.

"Recycling collection center" means a drop-off facility for the temporary assemblage of small recyclable consumer items such as food and beverage containers, fabrics and paper.

"Recycling facility" means a facility, other than a facility open to the public to receive household waste and recyclable material, where any method, technique, or process is utilized to separate, process, modify, convert, treat or otherwise prepare non-putrescible waste so that component materials or substances may be used or reused or sold to third parties for such purposes. The use or reuse of a solid waste may not be used in a manner that would constitute solid waste disposal.

"Rehabilitation services" means the provision of treatment for addictive, mental or physical disabilities on either twenty-four hours a day or outpatient basis.

"Rehearsal hall" means the provision of an area for rehearsal of musical or artistic performances without the provision of spectator seating.

"Religious institution" means any structure or site used primarily for religious practices.

"Research service" means basic or applied research, or experimental study, testing or analysis in the natural sciences, including any educational uses associated with and accessory to such research.

"Residence for handicapped, more than eight individuals" means a group of more than eight unrelated mentally retarded, mentally handicapped, or physically handicapped persons, including two additional persons acting as houseparents or guardians, living together as a single housekeeping unit. For purposes of this subsection, 'mentally handicapped' and 'physically handicapped' includes persons being professionally treated for drug and/or alcohol dependency or abuse. For the purposes of this subsection, "mentally handicapped" does not include persons who are mentally ill and, because of such mental illness, pose a likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.

"Restaurant, fast-food" means any building, room, space, or portion thereof where food is sold for consumption on-site or off-site within a short period of time, orders are made at either a walk-up or counter, payment for food is made prior to consumption, and the packaging of food is done in disposable containers.

"Restaurant, full-service" means any building, room, space or portion thereof where food is sold for consumption on-site, customers are provided an individual menu, a restaurant employee serves the customers at the same table or counter at which items are consumed, or where seating turns over at a rate of thirty minutes or more. A restaurant shall not be considered a restaurant, fast-food or restaurant, take-out solely on the basis of incidental or occasional take-out sales.

"Restaurant, take-out" means any building, room, space or portion thereof where a limited variety of food or beverages are sold principally for off-site consumption, but which may include incidental seating for on-site consumption containing no more than twenty seats. Typical uses include bakeries, candy, nut, and confectionery stores, coffee houses, ice cream and frozen dessert stores, small delicatessens and similar establishments.

"Retail" means the sale of goods and/or services at retail. For purposes of calculating required parking, retail includes "retail, general" and "retail, convenience" and "retail, shopping center.

Retail, convenience. "Convenience retail" means an establishment engaged in the retail sale or rental of frequently or recurrently needed items for household use to a limited market area, provided that the establishment does not contain more space than the maximums shown in the following table:

Type of Establishment	Maximum Size (GFA)
General food stores	15,000
Drugstores, hardware stores, apparel/cosmetic Stores	10,000
Coffee/juice stores, bookstores, retail bakeries, videotape rental stores	5,000
Flower shops, newsstands, and other stores	3,000

Convenience food stores may include accessory gasoline sales, provided that the pump facilities are capable of serving no more than four vehicles at one time.

Retail, general. "General retail" means an establishment providing general retail sales, services or rental from the premises, of goods and/or services not specifically classified in another commercial activity type.

Retail, shopping center. "Shopping center retail" means a single building containing at least twenty-five thousand square feet and containing two or more different individual stores engaged in general retail sales or convenience retail sales.

"Reuse" means (a) the on-site use of reprocessed construction and demolition or (b) the off-site redistribution of a material which would otherwise be disposed of, for use in the same or similar form as it was produced.

"Roof line" means a horizontal line intersecting the highest point or points of a roof.

"Rooming unit" means a residential unit that contains a bed and may contain a bathroom, microwave, television, or dorm-sized refrigerator, but where there is a common kitchen and communal area for all residents within the facility. For purposes of determining density, three rooming units in a facility shall be counted as one dwelling unit.

"Rope lighting" means lighting that is primarily used as a decorative lighting fixture, featuring small light bulbs linked together and encased in a PVC jacket to create a string of lights.

"Rural bed and breakfast homestay" means a rural bed and breakfast homestay shall contain six or fewer furnished rooms for pay within a private, owner-occupied structure which is on a single lot that exceeds five acres, and is located in an agriculturally zoned district, and authorized by the board of zoning appeals, according to Section 17.16.160.

"Safety service" means the conduct of publicly owned safety and emergency services such as, but not limited to fire stations, police stations and emergency medical and ambulance service.

"Salvage" means the controlled removal of construction or demolition waste/material from a building, construction, or demolition site for the purpose of recycling, reuse, or storage for later recycling, reuse, or proper storage for future recycling or reuse.

"Satellite dish" means a specialized antenna for the reception and/or transmission of broadcast signals to and from orbiting satellites.

"Scrap operation" means the storage, processing and/or sale from the premises of used or waste material, including automotive dismantlers and recyclers, where a person, firm, association, corporation, or trust resident or nonresident, is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors.

"Screening" means visually shielding or obscuring a structure, use or equipment from public view by a liner building, fencing, wall, or densely planted vegetation.

"Security residence" means living quarters for one family for the purpose of providing security as an accessory to a principal use.

"Self-service storage" means the lease or rent of small storage units for the purpose of storing personal property.

"Service area" means an area located at grade that is for the purpose of loading and unloading vehicles.

"Setback" means that part of a lot extending open and unobstructed from the lowest level to the sky, except for permitted obstructions, along the length of a lot line for a depth or width set forth in the bulk regulations for the district in which the lot is located. Required setbacks are also referred to as yards. See Diagram 17.04F.

The following setback types are referenced:

"Interior side setback" means a side setback that does not abut a street.

"Rear setback" means a setback extending for the full length of a lot line not abutting a street, on the opposite end of a lot from a front setback.

"Side setback" means a setback extending along a lot line from the front setback to the rear setback, or, in the case of a through lot or through corner lot, to another front setback.

"Street setback" means a setback extending along the full length of the lot line abutting a street.

"Sex club" means any establishment, business, or club that allows members to engage in specified sexual activities or the exposure of specified anatomical areas, and which contains either rooms for couples or other adult-themed rooms or both for the use of members.

"Short term rental property (STRP)—Owner-occupied" means an owner-occupied residential dwelling unit containing not more than four sleeping rooms that is used and/or advertised through an online marketplace for rent for transient occupancy by guests.

"Short term rental property (STRP)—Not owner-occupied" means a residential dwelling unit that is not owner-occupied containing not more than four sleeping rooms that is used and/or advertised through an online marketplace for rent for transient occupancy by guests.

"Shrub" means a woody plant with a multiple stem capable of growing to a height of no more than fifteen feet.

"Sidewalk" means all Streetside Elements included in the Major and Collector Street Plan and Streetside Elements for local streets required by other standards of the metropolitan government located within the public right-of-way or a pedestrian easement.

"Sidewalk, On-site" means pedestrian facilities located outside of the public right-of-way.

"Sign" means any writing (including letter, work or numeral), pictorial representation (including illustration or decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); inflatable structure; or any other figure of similar character, which is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure; and is used to announce, direct attention to, or advise.

These terms regarding signs are referenced:

"Awning sign" means the application of words, lettering and/or logos to an awning.

Billboard. A "billboard" is defined as a sign that is used to advertise or inform by directing attention to a cause, event, campaign, business, profession, commodity, product, service or entertainment which is conducted, sold, distributed or offered elsewhere than upon the same premises as the billboard, or which directs attention to any brand name or trade name product which may be incidentally available on the same premises as the billboard.

"Building sign" means any sign attached to or supported by any building or other structure that has a purpose other than solely to support a sign. A building sign may be attached by means of projection, wall mounting or roof support subject to height restrictions.

"Canopy sign" means the application of words, lettering and/or logos to a canopy.

"Common signage plan" means a document indicating the integration of sign size, design, location or duration when more than one sign/ownership is involved on any zone lot.

"Display surface area" means the entire area within a single continuous perimeter enclosing the extreme limits of wording, representation, emblem, or any figure of similar character, together with any background materials, color or area defined by a border or frame, any of which forms an integral part of the display or serves to differentiate such display from the structure to which it is affixed.

"Ground sign" means a sign that has no attachment to any part of a building and meets one of the following criteria:

Mounted directly on and securely attached to a concrete slab at ground level; or

Mounted on and securely attached to one or more posts, columns, braces or structures other than buildings extended from ground level and anchored in the ground with a concrete foundation in compliance with the metropolitan building code.

"Hanging sign" means a ground sign with one vertical post and one or two arms from which a sign hangs. The sign is intended for buildings with a deep build-to zone and is placed perpendicular to the sidewalk.

"Informational sign" means an informational sign is for the purpose of a zone lot occupant, or occupants, to convey discreet informational items, directions or instructions for the safety, convenience and need to know for the use, or restriction of use, of a lot on a permanent basis.

10.

"Landmark sign" means a sign that exemplifies the cultural, architectural, or commercial identity of Nashville and Davidson County, is iconic in its location, and contributes to the surrounding neighborhood character.

"Historic sign" means a landmark sign that exemplifies the cultural, architectural or commercial history of Nashville and Davidson County and was constructed more than fifty years before the date of application.

"Vintage sign" means a landmark sign that is iconic and culturally significant and was constructed between fifty and twenty-five years before the date of application.

"Replica sign" means a landmark sign that is an exact reproduction of an historic sign which no longer exists.

11.

"Major sign" means a building-mounted sign indicating the name of a building and/or the primary building tenant. The sign is intended for building identification.

12.

"Marquee sign" means a canopy sign that includes a section with changeable copy that relates to the principal use on the premises.

13.

"Minor sign" means a sign that advertises individual tenants in a multi-tenant building. The sign may be building-mounted or projecting.

14.

"Monument sign" means a permanent ground sign where the bottom of the display surface area, along its entire length, is attached to the ground or a continuous pedestal, not support poles.

15.

"Multi-tenant sign" means a sign on which the names and locations of occupants in a multi-tenant building are identified along the street.

16.

"On-premises sign" in the CC, CF and CS zone districts and effective January 1, 1998 in the CA, CL, SCC, SCR, ORI and MUI zone districts, except within an historic overlay district, means a sign that advertises or attracts attention to a specific event, activity, establishment, commodity, product, service or entertainment which is conducted, sold, distributed or offered on the same premises as the sign or offered elsewhere than upon the same premises as the sign, if the sign is accessory to the principal use.
"On-premises sign" in any other zone district, including property within an historic overlay district, is a sign that advertises or attracts attention to a specific event, activity, establishment, commodity, product, service or entertainment which is conducted, sold, distributed or offered on the same premises as the sign.

17.

"Overall signage plan" means a plan which indicates the general location, maximum dimensions and structural types of all signs to be erected on the lot.

18.

"Parking sign" means a sign indicating the location of parking facilities to both drivers and pedestrians.

19.

"Portable sign" means any sign, unless otherwise permitted by this code, that is designed and constructed in such a way as to not require permanent attachment to the ground, a building, or other unmovable structure.

20.

"Projection-mounted sign" means a building sign that is:

Attached to a wall and projects outward from the wall more than twelve inches; or

Suspended from any structure that constitutes a covering or shelter such as a canopy, portico or marquee. Usually, though not always, the face of a projecting sign will be perpendicular to or form a wide angle with the surface to which it is attached.

21.

"Roof-mounted sign" means a building sign that is attached to or mounted on a roof in such a way that the top of the sign does not exceed the roof line.

22.

"Signage" means area in square feet of the continuous perimeter of copy including any wording, numerals, emblem or representation which is used to announce, direct attention to or advertise.

23.

"Sign setback line" means the spacing between a sign and a lot line or two signs.

24.

Sign Structure, Permanent Ground. "Permanent ground sign structure" means a structure, including foundations, platforms, uprights, supports, frames, display surfaces, and/or other appurtenances, intended solely to support and display one or more signs and which meets the following requirements:

Pole or pylon sign structures are firmly anchored to the ground in compliance with the metropolitan building code standards; and

Ground sign structures include a concrete foundation and concrete slab platform at or near grade to which signs or other appurtenances to support signs can be securely attached.

25.

"Temporary on-premises sign" means a permitted sign that announces an event, use or availability for the duration of that event, use or availability and limits the placement and removal of the sign to a limited period of days before and after the duration period.

26.

"Tri-face billboard" means a non-internally illuminated billboard where the panel display face is made with triangular louvered narrow vertical panels that periodically rotate to display three different advertising messages in a predetermined sequence.

27.

"Wall-mounted sign" means a building sign that conforms to the following:

That is attached to a wall (including parapet wall) or other structure that supports a roof, including any sign that is part of or attached to a canopy or awning and any sign attached to any side face of a marquee;

That does not project outward more than twelve inches from the surface to which it is attached; and

In which the sign face is parallel to the plane of the surface to which it is attached.

28.

"Window sign" means any sign attached to or directly applied on a window or glass door; intended for viewing from the exterior.

"Single family" means one residential dwelling unit per structure.

"Single ownership" means the proprietary interest of a single landowner or person.

"Small cell facility" means a wireless service facility that either meets both of the following qualifications or is within a stealth design that is consistent with the design guidelines:

Each antenna is located inside an enclosure of no more than five cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than five cubic feet, however, the maximum dimensions of the antenna shall not exceed 36" in height and 16" in diameter; and

Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, underground enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

"Small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service.

"Small outdoor music event" means the provision of live acoustic music using small portable sound systems outside of permanent structures on commercially-zoned property where the performers are located within one thousand feet of any residentially-zoned property.

"Special exception (SE)" means uses that require authorization by the board of zoning appeals prior to the issuance of a zoning permit according to the provisions of Article III of Chapter 17.16 and Article VII of Chapter 17.40.

"Step-back" means a change in the vertical plane of multi-story buildings that preserves the pedestrian experience at sidewalk-level by setting the upper story building facade away from the street beyond the maximum building height allowed at the build-to-zone.

"Stoop" means a landing and its associated stair or ramp connecting a building entrance to the ground.

"Story" means a portion of a building between the surface of any floor and the surface of the floor above it, or, if there is no floor above it, the space between such floor and the ceiling above it. A basement or cellar shall not be deemed a story if the finished floor level directly above is not more than six feet above the average elevation of the adjacent finished grade. In the DTC zoning district "story" also means a level within a building by which height is measured.

"Street" means a publicly maintained right-of-way, other than an alley, that affords a means of vehicular access to abutting property. The following are street, functional design type designations:

"Arterial street" means a street designated as either an "arterial-boulevard" or an "arterial-parkway" on the adopted Major and Collector Street Plan.

"Collector street" means a street designated as a "collector-avenue" on the adopted Major and Collector Street Plan.

"Local street" means a street with a low level of mobility that is used primarily for access to property and provides connectivity between collector and arterial streets.

"Minor local street" means a street that is a dead end or loop street providing service to no more than fifty single family residential lots or sixty-five multi-family units.

"Scenic arterial" means a street designated as either a "scenic arterial-boulevard" or a "scenic arterial-parkway" on the adopted Major and Collector Street Plan.

"Street, frontage classifications" refers to the character of the street and adjacent buildings, and is applied in conjunction with the street, functional design type designation.

"Street, neighborhood" means a smaller street of neighborhood-scale and character with limited connectivity within an area and little or no connectivity to the city. A neighborhood street is typically more residential than other streets within the subdistrict.

"Street, other" means an atypical street with limited lot access and limited pedestrian activity such as, but not limited to, interstate entrance and exit ramps and similar streets.

"Street, primary" means a street with significance within the neighborhood, the area, and perhaps the city and has high pedestrian and vehicular activity. Vehicular access to properties is significantly limited. In all aspects of building design, frontages, sidewalks, and open spaces, pedestrian safety, comfort, and accessibility are of highest importance.

"Street, secondary" means a support street. In comparison to a primary street, a secondary street has less significance within the neighborhood and the area. Vehicular access to properties is permitted and shall sufficiently accommodate pedestrian safety, comfort and accessibility.

"Street, tertiary" means a street of lesser importance than primary, secondary, or neighborhood streets and with little or no connectivity to the city. A tertiary street may function as "back of house" for a building with multiple street frontages.

"Street line" means a lot line abutting and coincident with a street right-of-way.

"String lighting" means a series of lights located along a coated wire.

"Structure" means anything constructed above or below ground.

"Subdivision" means any subdivision of land as provided in Section 13-3-401 et seq. and Section 13-4-301 et seq., Tennessee Code Annotated.

"Substantial change" means a modification or collocation constitutes a "substantial change" of an eligible support structure if it meets any of the following criteria:

A telecommunications facility collocation on an existing structure within a public right-of-way increases the overall height of the structure, antenna and/or antenna array more than ten percent or ten feet, whichever is greater.

A telecommunications facilities collocation for towers not in a public right-of-way protrudes from the structure more than ten percent or twenty feet whichever is greater or the width of the structure at the elevation of the collocation, and for towers within a public right-of-way, protrudes from the structure more than six feet.

A telecommunications facility collocation on an existing structure fails to meet current building code requirements (including windloading).

A telecommunications facility collocation adds more than four additional equipment cabinets or one additional equipment shelter.

A telecommunications facility collocation requires excavation outside of existing leased or owned parcel or existing easements.

A telecommunications facility collocation defeats any existing concealment elements of the structure.

A telecommunications facility collocation fails to comply with all conditions associated with the prior approval of the structure except for modification of parameters as permitted in this section.

"Support structure" means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including alternative structures, but excluding antennas.

"Switch gear" means a high-voltage electrical device used to switch main feeder circuits and to provide fuse protection for distribution of currents to customers.

"Tank farm" means an open air facility containing aboveground large containers for the bulk storage of material in liquid, powder or pellet form.

"Tasting room" means an area within a distillery, including an artisan distillery, or a brewery, including a microbrewery, which serves and sells products produced by the distillery or brewery in association with tours of the facility.

"Telecommunications facility" means one or more antenna, tower, base station, mechanical and/or electronic equipment, conduit, cable, fiber, wire, and associated structures, enclosures, assemblages, devices and supporting elements that generate, transmit or produce a signal used for communication that is above ground and is proposed by an entity other than the Metropolitan Government, including but not limited to radio/tv/satellite and broadcast towers, telephone service, including new microwave or cellular towers, PWSF, DAS, small cell facilities and COW's. A DAS system that is completely enclosed within one building is not considered a telecommunications facility.

"Telephone service" means a facility providing telephone and telegraph services to the public, including central office exchanges, switching buildings, and microwave and cellular towers.

"Temporary festival" means the provision of rides, games, food and amusements outside of permanent structures. The use shall have a duration of no more than ten days in a month.

"Title loan" means any building, room, space or portion thereof where a business operates that makes loans in exchange for possession of the certificate of title to property or a security interest in titled property, as regulated by Title 45, Chapter 15, of the Tennessee Code Annotated.

"Tower" means any support structure built for the primary purpose of supporting any antennas and associated facilities for commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, and/or fixed or wireless services. A tower may be concealed or non-concealed. Non-concealed towers include:

Guyed. A style of tower consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

Lattice. A self-supporting tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing, and metal crossed strips or bars to support antennas.

Monopole. A style of freestanding tower consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building's roof. All feed lines shall be installed within the shaft of the structure.

"Transient" means any person who exercises occupancy or is entitled to occupancy of any rooms, lodgings or accommodations for a period of less than thirty continuous days.

"Transmission equipment" means equipment that facilitates transmission of communication service (whether commercial, private, broadcast, microwave, public, public safety, licensed or unlicensed, fixed or wireless), including but not limited to radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

"Transportation coordinator" means a person who is designated to conduct parking demand studies and monitor commuting patterns to ascertain and ensure that the parking supply for a land use is adequate to serve parking demand.

"Travelway" means that portion of a public right-of-way that is improved for use by self-propelled vehicles or bicycles, including paved or gravel areas and any other area intended for vehicle movement.

"Tree" means a woody plant with a single trunk, or multiple trunks capable of growing to a height of fifteen feet or more.

Tree, canopy. "Canopy tree" means any self-supporting woody plant of a species that normally achieves an overall height at maturity of thirty feet or more.

"Tree density factor" means a number based on the basal area derived from the combination of the density of trees remaining on a site and the density of additional trees to be planted.

Trees, prohibited. "Prohibited tree" means any tree which, by the nature of its fruit, root system, brittleness of wood, or susceptibility to disease, is not allowed as a replacement tree.

Tree, protected. "Protected tree" means an existing tree, exclusive of any prohibited tree, eight inches diameter breast height (DBH) or greater.

Tree, replacement. "Replacement tree" means those trees required to be planted based on the difference between the required tree density factor and the actual tree density factor following all approved tree removal.

Tree, understory. "Understory tree" means any self-supporting woody plant of a species that normally achieves an overall height at maturity of fifteen to thirty feet and that can grow beneath larger canopy trees.

"Two-family" means:

Two attached dwelling units that share the floor of a unit with the ceiling of another unit or a common wall from grade to eave at the front façade which continues for eighty percent of the common side or twenty feet, whichever is greater; or

Two detached dwelling units on a single lot which are separated by at least six feet.

In historic zoning overlays, the manner or existence of attachment shall be determined by the Metro Historic Zoning Commission.

"Underground" means not visible from the surface of the earth.

"Unified plat of subdivision" means a property plat(s) approved by the planning commission and recorded by the register of deeds which either creates new lots or re-records existing lots for the purpose of achieving a coordinated and inter-related form of development and/or manner of operation, utilizing the plat to identify and establish by appropriate notes and legal cross-references those development or operational opportunities and/or limitations as authorized by this code and assigned to the subject lots by the owner(s) of the property.

"Use" means a function or operation that constitutes an activity occurring on the land.

"Utility companies" means any person, governmental body, organization, or entity of any type, and their agents, representatives, and employees, supplying electricity, natural gas, water, communications, or similar or associated services to the residential areas of Metropolitan Nashville and Davidson County.

"Utility equipment" means poles, towers, supports, wires, conductors, conduits, guys, stubs, cross arms, braces, transformers, insulators, cut-outs, switches, communication circuits, used or useful in supplying electricity, natural gas, water, communication or similar or associated services to the residential areas of Metropolitan Nashville and Davidson County.

"Vehicular rental/leasing" means the rental or leasing of automobiles, motorcycles, recreational vehicles, boats, recreational equipment, and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease (e.g. rental car agencies and taxi-cab dispatch areas). No "Automobile Repair" or "Scrap Operation" activities may occur on-site and no abandoned vehicles shall be stored on the premises.

"Vehicular sales and service, limited" or "limited vehicular sales and service" means the retail or wholesale sale of motorcycles, trucks and vans, recreational vehicles, boats, or similar motorized recreational equipment, along with incidental service or maintenance such as, but not limited to boat dealers, motorcycle dealers, and recreational vehicle dealers. (See also "Automobile sales, new", "Automobile sales, used", "Automobile repair", "Vehicular rental/leasing", and "Heavy equipment sales and service.")

"Vocational school" means the offering of regularly scheduled instruction in technical, commercial or trade skills.

"Warehouse" means a facility used primarily for the bulk storage of goods and materials either for a private entity or the general public.

"Waste transfer" means a combination of structures, machinery or devices at a place or facility which receives solid waste taken from public or private collection vehicles or from individuals and which is placed in other transportation units for movement to another solid waste management facility. The facility may also provide for the sorting, processing and temporary storage of recyclable items.

"Water taxi station" means the provision of passenger loading and unloading facilities from watercraft. Ticket purchasing, restaurants and retail stores shall be permitted as accessory activities if the facility is located in a district that permits those uses.

"Wind energy facility (small)" means a wind energy facility consisting of one tower, one turbine, and having a rated capacity of not more than 100kW.

"Wind energy facility (utility)" means a wind energy facility consisting of two or more towers with turbines, or having a rated capacity of 100kW or more, and where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

These terms regarding wind energy systems are referenced:

"Blade glint" means the intermittent reflection of the sun off the surface of the blades of a single or multiple wind turbine(s).

"Distance" means a measurement made in a straight line, without regard to intervening structures or objects, from the wind turbine's center toward the specified distance required by this title.

"Height" means the vertical distance from pre-development grade to the tip of the wind turbine blade at its highest point, or blade-tip height.

"Nacelle body" means the structure at the top of the wind turbine that is separate from the blades and comprises the rotor shaft, gearbox, and generator.

"Occupied building" means a residence, religious institution, hospital, school, day-care, community education facility, or library.

"Shadow flicker" means the effect when the blades of an operating wind turbine pass between the sun and an observer, casting a readily observable, moving shadow on the observer and his/her immediate environment

"Wind energy facility" means a wind turbine and all associated equipment, machinery and structures utilized to convert wind to electricity. This includes, but is not limited to, towers, transmission, storage, collection and supply equipment, substations, transformers, and service and access roads.

"Wind turbine" means a device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

"Workforce housing" means housing that, on an annual basis, costs thirty percent or less than the estimated median household income for households earning more than sixty percent and not to exceed one hundred and twenty percent of the median household income for the applicable county based on the number of persons in the household, as established by Median Household Income in the Past 12 Months by Household Size (B19019) from the most recently available U.S. Census Bureau American Community Survey.

"Wrecker service" means the removing of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound lot. This shall not include an "automobile service" use that has a tow truck and services vehicles on-site. (See also "Automobile repair" and "Automobile service").

Zoning map, official. "Official zoning map" means a map, or series of maps and special overlays showing districts and special districts that are established under the provisions of and have been made a part of this title.

"Zoning permit" means written approval by the zoning administrator that is required before commencing any construction, reconstruction, alteration of any building or other structure or before establishing, extending or changing any use on any lot.

(Ord. BL2018-1279 §§ 1, 2, 2018; Ord. BL2017-903 § 1, 2017; Ord. BL2017-900 §§ I, II, 2017; Ord. BL2017-899 § 1, 2017; Ord. BL2017-859 § 1, 2017; Amdts. 7, 8 to Ord. BL2017-608 § 1, 2018; Ord. BL2017-608 § 1, 2018; Ord. BL2017-654 § 11, 2017; Ord. BL2016-493 § 4, 2017; Amdt. 1 to Ord. BL2016-492 § 2, 2017; Ord. BL2016-492 §§ 2—4, 2017; Ord. BL2016-415 § 1, 2016; Ord. BL2016-379 §§ 1, 2, 2016; Ord. BL2016-309 § 2, 2016; Amdt. 2 to Ord. BL2016-132 § 1, 2016; Amdt. 1 to Ord. BL2016-132 §§ 1, 2, 2016; Ord. BL2016-132 §§ 1, 2, 2016; Amdt. 1 to Ord. BL2016-117 §§ 1, 2, 2016; Ord. BL2016-117 §§ 1, 2, 2016; Ord. BL2015-14 § 1, 2015; Ord. BL2015-1210 § 1, 2015; Ord. BL2015-1153 § 15, 2015; Ord. BL2015-1139 §§ 1, 2, 2015; Ord. BL2015-1121 §§ 1, 11, 14, 2015; Ord. BL2015-1099 § 1, 2015; Ord. BL2014-909 § 1, 2015; Ord. BL2014-908 § 1, 2014; Ord. BL2014-770 § 1, 2014; Ord. BL2014-769 § 1, 2014; Ord. BL2014-747 § 1, 2014; Ord. BL2014-740 § 1, 2014; Ord. BL2014-739 § 1, 2014; Ord. BL2014-684 § 1, 2014; Ord. BL2014-651 § 1, 2014; Ord. BL2012-249 § 1, 2012; Ord. BL2012-204 § 1, 2012; Ord. BL2012-182 § 1, 2012; Ord. BL2012-158 § 1, 2012; Ord. BL2011-47 § 2, 2012; Ord. BL2011-922 § 1, 2011; Ord. BL2011-900 § 1, 2011; Ord. BL2011-898 § 1, 2011; Ord. BL2011-897 §§ 1—4, 2011; Ord. BL2010-798 § 1, 2011; Ord. BL2010-635 § 1, 2010; Ord. B2009-586 § 1(Exh. A, § 3), 2010; Amdt. 1 to Ord. BL2009-538 § 3, 2009; Ord. BL2009-538 § 3, 2009; Amdt. 1 to Ord. BL2009-537 § 1, 2009; Ord. BL2009-537 § 1, 2009; Amdt. 1 to Ord. BL2009-535 §§ 1, 2, 2009; Ord. BL2009-535 §§ 1, 2, 2009; Ord. BL2009-479 § 1, 2009; Ord. BL2009-478 §§ 1, 2, 2009; Ord. BL2009-477 § 1, 2009; Ord. BL2009-416 § 1, 2009; Ord. BL2008-365 § 1, 2009; Amdt. 3 to Ord. BL2008-299 § 1, 2008; Ord. BL2008-299 § 1, 2008; Ord. BL2008-169 § 1, 2008; Amdt. 1 to Ord. BL2008-282 § 1, 2008; Ord. BL2008-282 § 1, 2008; Ord. BL2008-167 § 1, 2008; Ord. BL2008-151 § 1, 2008; Amdts. 1, 2 to Ord. BL2008-115 § 1, 2008; Ord. BL2008-115 § 1, 2008; Ord. BL2007-1531 § 1, 2007; Amdt. 1 to Ord. BL2006-1283 § 1, 2007; Ord. BL2006-1283 § 1, 2007; Ord. BL2006-1171 § 1, 2006; Ord. BL2006-1087 § 1, 2006; Ord. BL2006-973 § 1, 2006; Amdt. 1 to Ord. BL2006-972, 2006; Ord. BL2006-972 § 1, 2006; Ord. BL2006-971 § 1, 2006; Ord. BL2005-630 § 1, 2005; Ord. BL2005-628 § 1, 2005; Ord. BL2004-432 § 1, 2005; Ord. BL2004-221 § 1 (part), 2004; Ord. BL2004-156 § 1 (part), 2004; Amdt. 1 with Ord. BL2002-1273 § 5, 2003; Amdt. 1, 2 with Ord. BL2002-1171 § 5, 2002; Ord. 2002-1009 § 1 (part), 2002; Ord. BL2001-674 § 1 (part), 2001; Ord. BL2000-478 § 1, 2000; Ord. BL2000-364 § 1 (part), 2000; Ord. BL2000-244 § 1, 2000; Ord. BL99-117 § 1 (part), 2000; Ord. 99-1754 §§ 1—3, 1999; Ord. 99-1644 § 1 (part), 1999; Ord. 99-1642 § 1 (part), 1999; Amdt. 1 to Ord. 98-1321 § 1 (part), 8/7/98; Amdt. 1 with Ord. 98-1268 § 1 (part), 1998; Amended during 2-98 supplement; Ord. 96-555 § 1.6, 1997)

                    
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