§ 17.40.150. Impact overlay district.

A.

Amendment Procedures. Whenever the metropolitan council determines that an existing or a proposed and funded public facility, such as a freeway, may stimulate secondary land use changes that would be damaging to a broader community, special procedures shall be established and implemented in accordance with this article to apply to a specifically defined impact overlay district.

B.

Procedures for Creation and for Abolishing Impact Overlay District.

1.

An impact overlay district is a geographic entity of definite physical boundaries overlaying a previously established zoning district and any other zoning overlays in which the metropolitan council has determined that a public facility may introduce interest in zoning district changes that would have a deleterious secondary impact on other development or on a public facility.

2.

Procedures for Adopting an Impact Overlay District. The metropolitan council by resolution, or the metropolitan mayor, may request the metropolitan planning commission, or the metropolitan planning commission on its own may initiate the identification of an impact area which may be subject to zoning district changes in the vicinity of a public facility that has one or more of the following characteristics: Existing; is proposed and funded and authorized; or its specific location is fixed by an adopted plan by a governmental body. Within sixty days from the receipt of such request or resolution and after conducting a public hearing in the area under consideration, the metropolitan planning commission shall submit to the metropolitan council a report regarding the proposed impact area containing either:

a.

An unfavorable recommendation to the establishment of an impact overlay district; the report shall contain a justification for such recommendation in terms of the objective of this article and Article X of Chapter 17.36; or

b.

A favorable recommendation shall contain a factual connection between the public facility and potentially damaging land use changes in terms of the objectives of this article and Article X of Chapter 17.36. The planning commission shall delineate a proposed impact overlay district that in its judgment will include all but not exceed the territory closely linked to the public facility.

Unless the metropolitan council grants an extension for a definite period of time, if after the sixty-day period the planning commission has not made a recommendation, the metropolitan council may proceed to delineate an impact overlay district and submit it by resolution to the metropolitan planning commission for a recommendation. The planning commission has thirty days after the effective date of the resolution to make a recommendation to the metropolitan council regarding the area proposed by resolution. If the planning commission does not make a recommendation within thirty days, the council may proceed as if the area had a favorable recommendation from the planning commission.

The adoption of an impact overlay district shall be by an amending ordinance in accordance with the applicable provisions of this chapter (Article III). The boundary of an adopted impact overlay district shall be placed by the metropolitan clerk directly on the official zoning map overlaying the existing zoned districts and overlays. Existing impact overlay districts may be amended through the same procedure.

3.

Procedures for Abolishing an Impact Overlay District. The metropolitan council by resolution, or the metropolitan mayor may request the metropolitan planning commission, or the metropolitan planning commission on its own may initiate an evaluation of an adopted impact overlay district and a recommendation for its continuation or its discontinuation. Within sixty days from the receipt of such request or resolution, the metropolitan planning commission shall submit to the metropolitan council a report containing:

a.

A recommendation action regarding the continuance or discontinuance of the impact overlay district; and

b.

Factual evidence that the impact overlay procedure is ineffective and unnecessary and should be discontinued or is effective and necessary and should be continued.

If the planning commission fails to report within sixty days of an introduction of an amending ordinance to abolish an impact area, the council may proceed as if the commission has disapproved the abolishing of the impact overlay district.

C.

Effect of an Impact Overlay District. Any proposed amendment to a zoning district or any zoning overlay within an adopted impact overlay district shall adhere to the procedures contained herein in addition to all other applicable provisions of this title.

D.

Impact Overlay District Policies.

1.

Within sixty days after the effective date of the adopted impact overlay district, the planning commission shall submit an impact area policy outlining the problems of the impact area, objectives pertaining to the resolution or management of such problems, and policies for the development of the impact area. The recommended impact area policy shall be consistent with the long-range, general comprehensive plan for Nashville-Davidson County. Upon consideration of the recommended policy, the metropolitan council may adopt by ordinance an impact overlay district policy as a part of this zoning title. The metropolitan council may amend the impact overlay district policy by ordinance after a recommendation by the metropolitan planning commission.

2.

Within two weeks of the effective date of the adopted impact overlay district, the planning commission shall hold a public meeting in the area affected for the purpose of establishing a citizen participation procedure in the development of the recommended impact area policy. Prior to submitting an impact overlay district policy to the metropolitan council, the planning commission shall hold at least one public hearing regarding such policy in the area affected. The metropolitan council shall hold a public hearing on the recommended policy in a manner similar to any other amendments to this title.

E.

Procedure for Zoning District and Overlay Amendments within an Impact Overlay District. All amendments to the zoning districts and overlays specific to an impact overlay district shall be considered by the following procedure:

1.

The metropolitan planning commission shall review the proposed zone change in terms of the adopted impact overlay district policy adopted by the metropolitan council; it shall report, in writing, to the metropolitan council the relevant neighborhood and community implications of the proposed zone change, the consistency of the proposed zone change with the impact overlay district policy, and provide its recommendation regarding the proposed zone change; and

2.

The metropolitan council shall proceed to consider a proposed zone change in an impact overlay district in accordance with the applicable provisions of this title, except that it shall not adopt a zone change inconsistent with the or without an adopted impact overlay district policy. The adoption of a zoning amendment disapproved by the metropolitan planning commission shall not by itself be construed as acting inconsistent with the adopted impact overlay district policy.

(Ord. 96-555 § 10.4(E), 1997)