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Bill BL2020-151 (as amended)

An ordinance amending Chapters 17.36 and 17.40 of the Metropolitan Code pertaining to the creation of a Residential Accessory Structure Overlay district (Proposal No. 2020Z-005TX-001).

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

Section 1. That Chapter 17.36 of the Metropolitan Code is hereby amended by creating Article XV – Residential Accessory Structure Overlay, and adding the following Section 17.36.570 (Purpose and intent):
The Residential Accessory Structure Overlay district provides appropriate design standards and bulk regulations for accessory structures in residential areas necessary to maintain and reinforce an established form or character of residential development in a particular area.

Section 2. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.580 (Overlay designation):
A Residential Accessory Structure Overlay district shall be created according to the procedures of Chapter 17.40, Article III and depicted as a geographical area on the official zoning map.

Section 3. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.590 (Guidelines):
A. Number. A maximum of two accessory structures may be constructed on a lot.
B. Location. Accessory structures shall not be erected in any required setback and must be located to the rear of the principle structure.
C. Size. The combined gross floor area of all accessory structures on a lot shall be no more than 30% of the total gross floor area of the principal structure or 1,200 square feet, whichever is less.
D. Height. Accessory structures shall not exceed one story or sixteen feet in height, whichever is less. The top elevation of an accessory structure shall not exceed the top elevation of the principal structure.
E. Materials. Accessory structures greater than 150 square feet in gross floor area must be constructed in a like manner to the principal building in terms of roof style and building materials. Metal, plastic, vinyl, and concrete masonry units are prohibited as primary siding materials for accessory structures greater than 150 square feet in gross floor area except where the material is the primary material on the principal structure.

Section 4. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.590 (Permitted land uses):
The range of land uses permitted within a Residential Accessory Structure Overlay district shall be those permitted by the underlying zoning district(s) as established by the zoning district land use table of Section 17.08.030.

Section 5. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.600 (Variation of conventional standards):
The Residential Accessory Structure Overlay district varies the conventional standards of the underlying zoning district(s) as established in Chapter 17.12, Sections 17.12.050 and 17.12.060.

Section 6. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.610 (Residential Accessory Structure Overlay district):
A. Application for a Residential Accessory Structure Overlay District. Lots included in a district must be contiguous and continuous throughout the residential portion of a complete block face(s).
B. Historic Overlay District. A Residential Accessory Structure Overlay district shall not be applied in an adopted historic overlay district. Adoption of a historic overlay district shall supersede an adopted Residential Accessory Structure Overlay district and only the requirements of the historic overlay district shall apply.
C. Contextual Overlay District. A Residential Accessory Structure Overlay district shall not be applied in an adopted contextual overlay district. Adoption of a contextual overlay district shall supersede an adopted Residential Accessory Structure Overlay district and only the requirements of the contextual overlay district shall apply.
D. Urban Design Overlay District. A Residential Accessory Structure Overlay district shall not be applied in an adopted urban design overlay district. Adoption of an urban design overlay district shall supersede an adopted Residential Accessory Structure Overlay district and only the requirements of the urban design overlay district shall apply.
E. Urban Zoning Overlay. A Residential Accessory Structure Overlay district shall not be applied in the adopted urban zoning overlay district. Expansion of the urban zoning overlay district shall supersede an adopted Residential Accessory Structure Overlay district and only the requirements of the urban zoning overlay district shall apply.
F. Eligible Zoning Districts. Residential Accessory Structure Overlay districts shall only be applicable in Single Family (RS and RS-A) and One and Two-Family (R and R-A) Residential Zoning districts. Residential Accessory Structure Overlay districts shall not be applied to property within Specific Plan (SP) Zoning districts.
G. Planning Commission Recommendation. The planning commission shall review a proposed Residential Accessory Structure Overlay district application for conformance with the General Plan. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the Metro Clerk, the zoning administrator and all other appropriate governmental departments.
H. Council Consideration. The Metropolitan Council shall consider an ordinance establishing a Residential Accessory Structure Overlay district according to the procedures of Article III of Chapter 17.40 (Amendments). All property owners within and proximate to a proposed Residential Accessory Structure Overlay district shall be notified according to the procedures of Article XV of Chapter 17.40.
I. Final Site Plan Approval. For property located within a Residential Accessory Structure Overlay district, a final site plan application shall be submitted for review and approval by the Zoning Administrator in a manner consistent with the procedures of Section 17.40.170A. The applicant is required to submit all necessary information to the Zoning Administrator and to certify the accuracy of the submitted information.
J. Modifications to Design Standards Not Permitted. Residential Accessory Structure Overlay Districts shall be adopted with the standards outlined in 17.36.590 (Guidelines). Modifications to these standards shall not be permitted. Variance requests shall follow the process outlined in Chapter 17.40.
K. Changes to a Residential Accessory Structure Overlay District Boundary. A proposed change in the geographic boundary of a Residential Accessory Structure Overlay district on the official zoning map shall be considered by the Council according to the procedures of Article III of Chapter 17.40 (Amendments).

Section 7. Section 17.40.740.C.3 is hereby amended by deleting in its entirety and replacing with the following:
Applying the urban design overlay district, historic preservation district, neighborhood conservation district, urban zoning overlay district, contextual overlay district, corridor design overlay district, or residential accessory structure overlay as provided in Chapter 17.36;

Section 8. That this Ordinance shall take effect from and after its enactment and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Larry Hagar

Legislative History

IntroducedJanuary 21, 2020

Passed First ReadingJanuary 21, 2020

Referred toPlanning Commission
Planning, Zoning, and Historical Committee

Public Hearing SetMarch 5, 2020

Amended and Passed Second ReadingMarch 5, 2020

Deferred to April 7, 2020March 17, 2020

Passed Third ReadingApril 7, 2020

ApprovedApril 8, 2020

By:Mayor Cooper's signature

EffectiveApril 10, 2020

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 04/23/2020 11:07 AM