ORDINANCE NO. BL2000-364

An ordinance to amend various sections of Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County (2000Z-021T), all of which is more particularly described herein.

WHEREAS, Substitute Ordinance SO96-555 enacted a new comprehensive zoning code on January 1, 1998 (Title 17 of the Metropolitan Code of Laws); and

WHEREAS, the Metropolitan Government of Nashville and Davidson County has monitored the effectiveness of that new code to implement the general plan and protect the health, safety and general welfare of the community; and

WHEREAS, preserving and protecting existing development patterns that predate the mid-1950’s and ensuring the compatibility of new development is now in the best interest of the citizens of Metropolitan Nashville and Davidson County; and

WHEREAS, encouraging and fostering development and reinvestment in the urban core that promotes alternative modes of transportation such as walking, bicycling, and transit are important to enhancing the quality of life of the citizens of Metropolitan Nashville and Davidson County; and

WHEREAS, to ensure the rebirth of older neighborhoods and commercial districts certain selected provisions of that new zoning code must be amended so as to better implement the general plan and protect the public health, safety and general welfare of the community;

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That Title 17 of the Metropolitan Code of Laws, be and is hereby amended as specifically described in Exhibit A, attached hereto and incorporated herein; and

SECTION 2. This ordinance shall take effect five days from and after its passage upon publication of the caption and a summary of the ordinance 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: Eileen Beehan, Ludye Wallace & Phil Ponder

Exhibit A

Chapter 17.04 (General Provisions and Definitions)

Retail: 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: 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

Effective Date: December 2, 2000

 

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: 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: 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.

 

Chapter 17.12 (District Bulk Regulations)

 

Note 2: Within the urban zoning overlay district, the minimum side setback shall be 3 feet.

 

Note 3: Within the urban zoning overlay district, any attached townhomes or rowhouses with alley access to required off-street parking, may have a zero-foot side setback (1) on internal lot lines between units, or (2) where the side of a unit is adjacent to an area having a minimum width of 10 feet that is shown on the final site plan as an open space area or a required landscape buffer yard, provided that each unit has a private yard and no more than eight units are contained in any single-structure.

 

Note 1: Within the urban zoning overlay district, the maximum floor area ratio for the I district shall be 1.50.

Note 2: Floor area bonuses are available (1) for the MUI district, and (2) within the urban zoning overlay district, for all mixed-use and CC districts (See Section 17.12.060).

 

17.12.035 Contextual Street Setbacks Within The Urban Zoning Overlay District

This section allows or requires reductions of street setbacks in certain circumstances within the urban zoning overlay district. In the case of conflict between any two or more provisions below, the provision that permits the building to be built closer to the street shall govern. In no event shall the provisions described below permit a principal building to be constructed within an area designated for street improvements on an adopted major street plan. In an R or RS district, reference to a principal building for the "Neighboring lots" and "Block character" provisions shall mean a residential principal building. In all cases, buildings used to determine context may include structures that existed on the effective date of the ordinance that established the Urban Zoning Overlay District and did not comply with the minimum setback requirements.

A. Street Setbacks.

Regardless of the minimum street setback requirements described in tables 17.12.030a or 17.12.030b:

1. Neighboring lots. The front facade of a principal building may be constructed as close to the street as the facade of any principal building on an immediately abutting lot and shall not be constructed further from the street than the front facade of the principal building on an abutting lot that is furthest from the street.

2. Block character. If two-thirds (2/3) or more of the principal buildings along a block face do not meet the minimum street setback requirements in tables 17.12.030a or 17.12.030b, then new principal buildings constructed along such block face shall be constructed no closer to the street than the front facade of the principal building on the block face that is closest to the street and no further from the street than the front facade of the principal building on the block face that is furthest from the street.

3. Major new investment. In a mixed use or commercial zone district, the owner of one or more contiguous lots that collectively include at least one corner lot and at least fifty percent (50%) or more of the street frontage along either block face shall not be subject to the minimum street setback requirements in table 17.12.030b for the block face (s) with 50% or more of the street frontage. If the owner opts to develop the property such that the facades of the principal buildings are built within ten feet of the edges of the rights-of-way, the owner shall be eligible for a parking reduction pursuant to Section 17.20.040.

4. Corner lots. If any corner lot in a mixed use or commercial district contains a building that is located closer to either street frontage than the minimum street setback required in the zoning district, any buildings on other corner lots facing the same intersection may be located equally close to either street frontage. No building facade shall be set back further from the fronting street than the corresponding facade of the existing building. If there are existing principal buildings on more than one corner, then the facade of the new building shall be no further from the fronting street than the closest corresponding facade on the other existing buildings (See Figure 17.12.035.A.4).

Note: Contact Metro Clerk's Office for Figure 17.12.035.A.

B. Petitions for Mandatory Reductions of Street Setbacks

1. Block face. The owners of two thirds (2/3) or more of the property along an entire block face may petition the metropolitan planning commission and metropolitan council to adopt an ordinance requiring that each front facade of a principal building along that block face be set back no further from the street than:

i. The front facade of the principal building on an immediately abutting lot or parcel; or

ii. If there are two immediately abutting parcels facing the same street, then no further from the street than that primary facade on an immediately abutting parcel that is further from the street. The petition, and any proposed amendments to the petition, shall be reviewed in accordance with Section 17.40.060.

2. Adopted plan. The metropolitan planning department may petition the metropolitan council to adopt an ordinance requiring a specific setback or build-to distance in all or part of an area where an adopted plan recommends creating a specific front setback or build-to distance, regardless of the existing pattern of front setbacks.

E. Permitted Setback Obstructions. The following structures or building components may be located within required setbacks. Except for screening walls, fences and hedges, the following features shall not be permitted within a required landscape buffer yard.

AMENDMENT NO. 1

  TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District as indicated below through the use of strike-through marks indicating language to be stricken and bold text indicating language to be added:

This section allows or requires reductions of street setbacks in certain circumstances within the urban zoning overlay district.  In the case of conflict between any two or more provisions below, the provision that permits the building to be built closer to the street shall govern.  In no event shall the provisions described below permit a principal building to be constructed within an area designated for street improvements on an adopted major street plan a major street plan adopted subsequent to the effective date of this section.  In an R or RS district, reference to a principal building for the “Neighboring lots” and “Block character” provisions shall mean a residential principal building.  In all cases, buildings used to determine context may include structures that existed on the effective date of the ordinance that established the Urban Zoning Overlay District and did not comply with the minimum setback requirements.

Sponsored by: Eileen Beehan, John Summers, Ginger Hausser, Phil Ponder
Amendment Adopted: October 17, 2000

AMENDMENT NO. 2

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.12.050 C Special Height Regulations for Single-Family and Two-Family Dwellings Within the Urban Zoning Overlay District as indicated below through the use of strike-through marks indicating language to be stricken and bold text indicating language to be added:

 1.  Single-family and two-family dwellings shall not exceed three stories.

 2.   In all districts with a minimum lot size of less than forty thousand square feet, no an accessory structure located to the rear of the principal dwelling shall may have vertical walls rising more than rising no higher than sixteen (16) feet from the side and rear setback lines.  The roof on the structure shall rise from the side walls at a roof pitch no steeper than the predominant roof pitch of the primary structure principal dwelling, except that the vertical walls may extend to the underside of the roof at the gable end of a gabled roof.  The total height of an accessory structure shall not exceed the height of the principal dwelling.  If not so established by the design standards of an historic overlay districts, the zoning administrator shall establish height regulations based upon the recommendation of the historic zoning commission.

 3.   In all residential districts with a minimum lot size of at least forty thousand square feet, an accessory structures located to the rear of the principal dwelling may be have vertical walls rising no higher than twenty-four (24) feet in height exclusive of a pitched roof, provided that the full side and rear setbacks required by the applicable district are provided and the lot has an area of at least forty thousand square feet.  The total height of an accessory structure shall not exceed the height of the principal dwelling.

 If not so established by the design standards of an historic overlay district, the zoning administrator shall establish height regulations based upon the recommendation of the historic zoning commission.

Sponsored by: John Summers, Ginger Hausser, Phil Ponder
Amendment Adopted:  October 17, 2000

 AMENDMENT NO. 3

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.40.010 Zoning Administrator: Authority and Responsibilities by deleting subsection D. Minor modifications.

Sponsored by: Eileen Beehan, John Summers, Ginger Hausser, Phil Ponder
Amendment Adopted:  October 17, 2000

AMENDMENT NO. 4

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Table 17.20.030. (Parking Requirements) by modifying the text for ‘Restaurant, full-service” as indicated below, with strike-through marks indicating language to be stricken and bold text indicating language to be added:

UZO district: First 2,000 1,000 square feet: exempt; 1 space per 150 square feet for floorspace in excess of 2,000 1,000 square feet

Sponsored by: John Summers, Ginger Hausser & Phil Ponder
Amendment Adopted:  October 17, 2000

AMENDMENT NO. 5

 TO

 ORDINANCE NO. BL2000-364

 

Mr. President:

 I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

          Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District as indicated below through the use of strike-through marks indicating language to be stricken and bold text indicating language to be added:

 17.12.035 Contextual Street Setbacks Within The Urban Zoning Overlay District

This section allows or requires reductions of street setbacks in certain circumstances within the urban zoning overlay district.  In the case of conflict between any two or more provisions below, the provision that permits the building to be built closer to the street shall govern.  In no event shall the provisions described below permit a principal building to be constructed within an area designated for street improvements on a major street plan adopted subsequent to the effective date of this section.  In an R or RS district, reference to a principal building for the “Neighboring lots” and “Block character” provisions shall mean a residential principal building.  In all cases, buildings used to determine context may include structures that existed on the effective date of the ordinance that established the Urban Zoning Overlay District and did not comply with the minimum setback requirements.

 A.   Street Setbacks.

Regardless of the minimum street setback requirements described in tables 17.12.030a or 17.12.030b:

 

1.          Neighboring lots. In a mixed use or commercial zone district, T the front facade of a principal building may be constructed as close to the street as the facade of any principal building on an immediately abutting lot and shall not be constructed further from the street than the front facade of the principal building on an abutting lot that is furthest from the street.

 

2.          Block character.   If two-thirds (2/3) or more of the principal buildings along a block face do not meet the minimum street setback requirements in tables 17.12.030a or 17.12.030b, then new principal buildings constructed along such block face shall be constructed no closer to the street than the front facade of the principal building on the block face that is closest to the street and no further from the street than the front facade of the principal building on the block face that is furthest from the street.  In an R or RS district, reference to a principal building shall mean a principal building originally constructed for single-family or duplex residential use and occupancy.

 

Sponsored by: Eileen Beehan
Amendment Adopted: November 21, 2000

AMENDMENT NO. 6

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District: by inserting the following note at the end of Section 17.12.035.A. Street Setbacks:

Note: For the purposes of section A above, the front facade of any new building or addition to the front of an existing building shall extend across at least 75% of the lot frontage, except in R or RS districts.  The front facade may have projections and recesses to accommodate columns, entrances, and similar features.

          Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District: by inserting the following note at the end of Section 17.12.035.B.1 Petitions for Mandatory Reductions of Street Setbacks: Block Face:

 Note: For the purposes of section B.1. above, the front facade of any new building or addition to the front of an existing building shall extend across at least 75% of the lot frontage, except in R or RS districts. The front facade may have projections and recesses to accommodate columns, entrances, and similar features.

 Sponsored by: Eileen Beehan
Amendment Adopted: November 21, 2000

AMENDMENT NO. 7

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District: by inserting the language shown in bold text below at the end of Section 17.12.035.B.2: Petitions for Mandatory Reductions of Street Setbacks: Adopted Plan:

2.          Adopted plan.   The metropolitan planning department may petition the metropolitan council to adopt an ordinance requiring a specific setback or build-to distance in all or part of an area where an adopted plan recommends creating a specific front setback or build-to distance, regardless of the existing pattern of front setbacks.  The term “adopted plan” shall include redevelopment plans adopted by metropolitan council wherein urban design guidelines are administered by the metropolitan development and housing agency.

Sponsored by:Eileen Beehan
Amendment Adopted: November 21, 2000

AMENDMENT NO. 8

 TO

 ORDINANCE NO. BL2000-364

Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.12.050.C. Special Height Regulations for Single-Family and Two-Family Dwellings Within the Urban Zoning Overlay District as indicated below through the use of strike-through marks indicating language to be stricken and bold text indicating language to be added:

 1.  Single-family and two-family dwellings shall not exceed three stories.

 2.   In all districts with a minimum lot size of less than forty thousand square feet, an accessory structure located to the rear of the principal dwelling may have vertical walls rising no higher than sixteen (16) feet from the side and rear setback lines.  The roof on the structure shall rise from the side walls at a roof pitch no steeper than the predominant roof pitch of the principal dwelling, except that the vertical walls may extend to the underside of the roof at the gable end of a gabled roof.  The total height top elevation of an accessory structure shall not exceed the height top elevation of the principal dwelling.

              3.   In all residential districts with a minimum lot size of at least forty thousand square feet, an accessory structure located
             to the rear of the principal dwelling may have vertical walls rising no higher than twenty-four (24) feet in height exclusive of a
            pitched roof, provided that the full side and rear setbacks required by the applicable district are provided and the lot has an
            area of at least forty thousand square feet.  The total height top elevation of an accessory structure shall not exceed the
            height top elevation of the principal dwelling
.

 If not so established by the design standards of an historic overlay district, the zoning administrator shall establish height regulations based upon the recommendation of the historic zoning commission.

Sponsored by:Eileen Beehan
Amendment Adopted: November 21, 2000

AMENDMENT NO.. 9

 TO

 ORDINANCE NO. BL2000-364

 Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

          …amend Section 17.20.180 (Visibility) by inserting text as follows:

17.20.180 Visibility.

In order to safely accommodate vehicular movements to and from public streets, the sight distance and visibility provisions in the traffic and parking code and the following provisions shall be required.

A. At street intersections nothing shall be erected that will ob struct vision at any point above the center line grades of the intersecting streets within the triangular area formed by the right-of-way lines and a straight line joining the right-of-way lines at points which are thirty-five feet distant from the intersection of the right-of-way lines and measured along such right-of-way lines. Development within the urban zoning overlay district and in the CC, CF and MUI districts shall be exempt from this provision. (See Figure 17.20.180)

Sponsored by:Eileen Beehan
Amendment Adopted: November 21, 2000

AMENDMENT NO. 10

 TO

 ORDINANCE NO. BL2000-364

 Mr. President:

I move to amend Ordinance No. BL2000-364 by modifying Exhibit A as follows:

        Section 17.36.410 (Urban Zoning Overlay District: Applicability) by inserting the language shown in bold text below:

 

17.36.410 Applicability.

The provisions of the urban zoning overlay district shall apply to all properties located within a mapped area indicated on a zoning overlay map adopted pursuant to the provisions of Article III of Section 17.40, excluding planned unit developments adopted prior to the effective date of the establishment of the urban zoning overlay district.  Petitions should contain a minimum of 160 acres of land in order to avoid piecemeal application of the district and should be for areas characterized predominantly by lot sizes, street patterns, and alley systems commonly used before the mid-1950s or for areas where an adopted plan calls for the evolution of such a development pattern.  When properties included in a petition are within the area defined by the 1956 limits of the City of Nashville, they should be contiguous to a previously adopted urban zoning overlay district.  For purposes of determining applicability of the urban zoning overlay district provisions within any other overlay district, the urban zoning overlay district provisions shall be treated as base zoning district provisions.

Sponsored by: Eileen Beehan
Amendment Adopted: November 21, 2000