ORDINANCE NO. O98-1267
AN ORDINANCE TO AMEND TITLE 17 OF THE METROPOLITAN CODE OF LAWS, THE ZONING CODE OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, BY AMENDING SECTIONS 17.08.030 AND 17.16.030, ALL OF WHICH IS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the preceding Zoning Regulations of Nashville and Davidson County contained criteria relating to the frequency of construction of two-family dwellings within residential subdivisions; and
WHEREAS, Substitute Ordinance No. SO96-555 did not contain those two-family dwelling criteria of the preceding code; and
WHEREAS, it is still in the best interest of this community to control the frequency of construction of two-family dwellings within residential subdivisions;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, SECTION 17.08.030 (Zoning District Land Use Table: Residential Uses) is hereby amended to substitute a "PC" in lieu of a "P" for a "two-family" residential use in the "AG and AR2a", and "R80 through R6" zoning districts; and
SECTION 2. That SECTION 17.16.030 (Uses Permitted with Conditions: Residential uses) is hereby amended to add the following subsection B.:
"B. Two-family dwellings. In the AG, AR2a, R80, R40, R30, R20, R15, R10, R8 and R6 districts, two-family dwellings in a single residential structure may be permitted on any lot provided:
1. The lot is legally created and is of record in the office of the county register prior to August 1, 1984;
2. The lot is created by the subdivision of a parcel of land in existence prior to August 1, 1984 into no more than 3 lots; or
3. The lot is part of a subdivision having preliminary approval by the Metropolitan Planning Commission on or before August 15, 1984, and having commenced any substantial site development or infrastructure improvements, such as utilities and streets, and a portion of such subdivision is recorded in the office of the county register prior to April 1, 1985; or
4. The following:
a. The lot is part of a subdivision;
b. The subdivision has been approved by the Metropolitan Planning Commission; and
c. The total number of lots permitting two-family dwellings within the subdivision shall be limited to not more than twenty-five percent of the total number of lots within the subdivision; and
d. The total number of lots within the subdivision permitting two-family dwellings shall be computed by disregarding and eliminating any and all fractions of a permitted two-family dwelling which results from the application of the twenty-five percent limitation to the total number of lots within the subdivision; and
e. The lots permitting two-family dwellings are identified on the final plat and the locations of the two-family dwellings have been approved by the Metropolitan Planning Commission so as to minimize the impact on any existing single family development; and
f. The final subdivision plat has been recorded in the office of the county register; or
5. The lot is part of a planned unit development authorizing two-family structures as enacted by the Metropolitan Council."
SECTION 3. BE IT FURTHER ENACTED, That this ordinance shall take effect five days from and after its passage upon publication in a newspaper of general circulation in Metropolitan Nashville and Davidson County, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Tim Garrett