SUBSTITUTE ORDINANCE NO. BL2005-761
WHEREAS, it is necessary for the Metropolitan Government of Nashville and Davidson County to provide two-family dwelling units within the county’s housing stock to maintain a healthy mix of housing options for residents of all ages and incomes;
WHEREAS, developing two-family structures in Davidson County can be accomplished through a development review process to preserve opportunities for developers and builders while ensuring such structures contribute to, and do not detract from, a neighborhood’s established or emerging character;
WHEREAS, it is reasonable for the Metropolitan Government of Nashville and Davidson County to require two-family dwellings to be developed in a manner compatible with the local character and residential building scale in the neighborhoods where they are located.
NOW, THEREFORE, BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1 By amending Section 17.04.060.B “Definitions of general terms: General Terms” by adding “Comparable structures” to the list of general terms in alphabetical order, and defining it as follows:
Comparable structures means the structures described in (1) and (2) below, which shall be used to determine the block character for purposes of comparing proposed structures to existing structures for compatibility:
1. On an interior (non-corner) lot, the comparable structures include
a. the structures on the two lots on either side of the proposed structure,
b. the structures on all lots either partially or wholly located directly across the street from the proposed structure,
c. the structures on the lots on either side of the lot(s) either partially or wholly located directly across the street from the proposed structure, and
d. the structures on the lot either partially or wholly located directly to the rear of the lot with the proposed structure.
2. On a corner lot, the comparable structures include
a. the structures on the lot on either side of the proposed structure on both of the intersecting streets,
b. the structures on all lots, partially or wholly located adjacent to the proposed structure across the intersecting streets, and
c. the structures on the lots partially or wholly located adjacent the proposed structure on the other corners of the intersection.
d. If the corner lot is on a “T” intersection, then the comparable structures include those in (1)(b) through (1)(d) and in (2)(a) through (2)(c) above.
SECTION 2 By amending Section 17.08.020.B “Zoning districts described: Residential Districts” by deleting 17.08.020.B.2 (“One and Two-Family (R) Districts”) in its entirety and inserting
2. One and Two-Family (R) Districts. The R districts are intended for established residential subdivisions where the development pattern contains a mixture of one-and two-family structures. These districts may also be applied to new residential subdivisions at densities and locations recommended in the general plan. A dispersed pattern of two-family structures is desirable and intended in these districts.
SECTION 3 By amending Section 17.12.020, “District Bulk Tables”, Table 17.12.020A, “Single-Family and Two-Family Dwellings” by modifying the column heading for “Minimum Lot Area (in sq ft)” to “Single-Family Minimum Lot Area (in sq ft)” and by adding a new column entitled “Two-Family Minimum Lot Area (in sq ft)” and the following lot areas:
|Zoning District||Two-Family Minimum Lot Area (in sq ft)|
|RS3.75, OR40||3,750 (n/a in RS3.75)|
|RM40, RM60, I, MUN, MUL, MUG, MUI, ON, OR40, ORI||3,750|
SECTION 4 By amending Section 17.12.030, “Street Setbacks”, Table 17.12.030A, “Street Setbacks for Single and Two-Family Structures” by deleting footnote “(1)” and the footnote “(1)” reference in column 2, row 4, by renumbering footnote “(2)” to footnote “(1)” and by renumbering the footnote reference in the heading for column 3 (which reads “All Other Streets”) from “(2)” to “(1)”.
SECTION 5 By amending Section 17.12.030, “Street Setbacks”, Table 17.12.030A, “Street Setbacks for Single and Two-Family Structures” by modifying footnote (1) as follows:
(1) Lots having vehicular access to collector and arterial streets shall develop in a manner which avoids back-up movements into the public street.
SECTION 6 By amending Chapter 17.16 “Land Use Development Standards,” Article II “Uses Permitted with Conditions (PC),” Section 17.16.030.D “Residential Uses: Two-Family Dwellings” by deleting Section D in its entirety and inserting in its place the following:
D. 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 shall be permitted on any lot as follows:
1. Two-Family Eligibility. A property shall meet at least one of the requirements below to be eligible for a two-family dwelling use.
a. Parcel. The property is not a lot, but complies with Section 17.40.670 of this title and was legally created prior to September 1, 1964; or the property is a parcel of land created between September 1, 1964 and March 1976 and contains three acres of land, or the property was created after March 1976 and contains five acres of land. For purposes of this section, a parcel shall mean a lot as defined in Section 17.04.060.
b. By Subdivision Plat. The property is a lot or lots
i. Legally created prior to August 1, 1984; or
ii. Created by the subdivision of a parcel of land in existence prior to August 1, 1984 into no more than three lots; or
iii. Designated as a "two-family structure" or “duplex” lot on a subdivision plat approved by the Metropolitan Planning Commission between August 15, 1984 and August 31, 2007, which plat is recorded, is unexpired and eligible to be recorded, or is preliminarily approved in the form of an unexpired subdivision concept plan; or
iv. Created after August 31, 2007and complying with all of the criteria below:
(a) The total number of lots permitting two-family dwellings within the subdivision are limited to not more than twenty-five percent of the total number of lots within the subdivision, disregarding any fraction of a two-family dwelling which results from calculating the permitted twenty-five percent, and
(b) The lots permitting two-family dwellings are identified on the final plat and the locations of the two-family dwellings meet the locational standards of 17.16.030.D.2., below, and
(c) The final subdivision plat has been recorded in the office of the county register.
c. By Overlay District. The property is part of an overlay district that identifies one or more two-family structure locations.
d. Replacement (Involuntary). The lot contains, or contained, a legal two-family structure on or after August 15, 2007 that was involuntarily caused to be destroyed or damaged beyond 50 percent of its replacement value, and a building permit for its replacement has been, or will be, issued within two years from the date of damage or destruction.
e. Replacement (Voluntary). The lot contains a legal two-family structure on or after August 15, 2007 that is proposed to be demolished and replaced, and a building permit for its replacement has been, or will be, issued within two years from the date the existing structure was demolished.
2. Two-Family Location. On all eligible properties identified in Section 17.16.030.D.1, a two-family structure may be constructed or a single-family residence converted to a two-family structure provided the structure complies with the following requirements:
a. Corner Lot. The lot lies adjacent to the intersection of two streets, where there are four or more total lots on the block face. If there are three or fewer lots on the block face, only one corner lot shall be eligible for a two-family structure.
b. Non-Corner Lot. The lot lies along a street where there are four or more lots within the same block face none of which are corner lots. Within that same block face, the number of lots eligible for a two-family structure shall be as follows:
Table 17.16.030 A
No. of Corner Lots
No. of Non-Corner Lots
No. of Non-Corner Lots Eligible for Two-Family Structure
|Maximum No. of Lots Eligible for Two-Family Structures|
1 - 2
0 - 1
|1 (only one corner is eligible)|
1 - 2
2 - 3
|2 (only corner lots are eligible)|
1 - 2
4 - 7
|3 (each corner and one non-corner)|
1 - 2
8 - 11
|4 (each corner and two non-corner)|
1 - 2
12 or more lots
|4 (a combination of two corner and two non-corner OR one corner and three non-corner)|
c. Unit Dispersal. Within the same block face, there shall be a maximum of four lots containing any proposed or existing two-family or multi-family dwellings, including corner lots. In no circumstance shall there be more than two lots with two-family structures abutting each other.
d. Replacement Lots. Should a corner lot that is deemed eligible per 17.16.030.D.2 be unavailable to develop as a two-family structure due to non-residential zoning, another non-corner lot on the same block face may be developed as a two-family structure provided the substitute lot meets all other eligibility standards outlined in 17.16.030.D.
3. Development Plan. A development plan shall be required, as provided in Section 17.16.030.D.7 below, whenever a two-family structure outside of a historic zoning district is proposed to be constructed, altered, reconstructed, renovated, or modified in any way such that the total gross floor area proposed for a two-family structure plus any accessory structure(s) exceeds 5,000 square feet or 30% of the lot area, whichever is less. For the purpose of this calculation alone, the general definition of floor area shall exclude all basements and cellars below natural grade and all covered porches.
4. Notice. Whenever a proposed two-family structure is required to submit a development plan, the owner of all comparable structures and the district councilmember shall be notified in writing by the Metro Planning Department within five (5) working days of the application’s submittal.
5. Construction and Occupancy Permits. Whenever a proposed two-family structure is required to submit a development plan, no site alteration or site development work on a lot including, but not limited to the removal of vegetation, soil excavation, or receipt of any building or grading permit, or occupancy permit shall occur prior to the approval of a development plan.
6. Two-Family Structure Development Standards. All two-family structures shall meet the standards for building orientation provided in 6a below. In addition, where an applicant is seeking to construct, alter, reconstruct, renovate or modify a two-family structure or is required to submit a development plan, the applicant shall provide all information noted in 6a through 6c below. For two-family structures located within an overlay zoning district or redevelopment district, these standards shall apply to the extent they do not conflict with any of the overlay or redevelopment district requirements approved by the Metro Council.
a. Building Orientation. So as not to detract from the use and enjoyment of proposed and adjacent buildings and structures, the proposed structure’s entrances, garages, parking areas, and access points should be located to compliment and enhance the neighborhood’s development character by considering the development and location of these elements on comparable structures.
i. Entrance. If more than one front entrance is proposed for the structure, one must face the street and the second entrance shall be located to compliment and enhance the neighborhood’s development character by considering the entrances on comparable structures;
ii. Garage. If one or more garages are proposed for the structure, and the garages are intended to face the street, each unit’s garage(s) shall be recessed behind the front façade of the principal structure a minimum of 5 feet, and shall be located to compliment and enhance the neighborhood’s development character by considering the garages on comparable structures;
iii. Parking. Parking may be permitted between the street and the front of the two-family structure, however no more than 25 percent of the front yard (measured as the area bounded by the front façade of the structure to the street and from side property line to side property line) may be used for parking and/or driveways unless approved through the development plan review process. If the proposed two-family structure is, due to its proposed size, not required to undergo development plan review, then the request for additional paving of the front yard beyond the 25 percent allowed shall result in the proposed two-family structure being subject to development plan review to ascertain the appropriateness of the paving request in the context of the surrounding neighborhood. For all proposed two-family structures, parking between the street and the front of the two-family structure shall be located to compliment and enhance the neighborhood’s development character by considering the parking and driveways on comparable structures;
iv. Driveway Access. Where a two-family structure is proposed and an improved alley or rear lane exists, driveway access from a street shall not be permitted unless more than 50% of the lots along the same block face have driveway access to the street.
b. Building Location and Massing. Any proposed two-family structure and accessory structures located on the same lot shall be of similar or compatible height, massing, and building placement as other comparable structures. In determining building placement, consideration shall be given to setbacks and spacing between existing comparable structures, notwithstanding the provisions of Sections 17.12.020 and 17.12.030.
c. Landscape Preservation. Existing landscaping on a lot shall be preserved in its natural state insofar as practical by minimizing any grade changes, vegetation and soil removal, except as needed for stormwater regulation compliance. A landscape plan shall accompany the development plan per the provisions of Section 17.24.020 to fulfill the requirements of that chapter.
d. Review Considerations. The following items may be considered in the review and approval of a two-family structure, as unique site conditions for a development plan that does not strictly comply with the provisions of this title and section.
i. Mature trees and other vegetation to be retained on the property effectively mitigate the appearance of excessive height and mass of the structure and as a result, the proposed development is in keeping with the streetscape and comparable structures,
ii. Proposed structure or additions will not have a significant negative impact on the light to, and views from, neighboring homes.
iii. The property is adjacent to land used and zoned as permanent open space, a Conservation Easement, or a detention pond and the structures are sited in a manner that allows the open area to mitigate the appearance of mass of the buildings from the streetscape and from neighboring properties.
7. Development Plan. All two-family structures subject to development plan review, as provided in Section 17.16.030.D.3, shall comply with the following:
a. Pre-Application Conference. Prior to the submittal of a development plan application for a two-family structure, all applicants shall meet with a planning department representative for guidance on the eligibility, applicable development standards and review requirements.
b. Application. Following the pre-application conference, an applicant may submit a two-family structure development plan application accompanied by a development plan in a form and content established by the planning commission, along with a processing fee equivalent to the processing fee established by the metropolitan council for final site plan review within a planned unit development. All items must be submitted at the time of application for the application to be deemed complete for review. Any omission of a required submittal item shall be identified, and its reason for omission explained in the development plan, including any application submittal waivers granted by the executive director of the planning department.
c. Metro Historic Zoning Commission Report. Any proposed two-family structure or any addition to a structure located in an area listed on or considered eligible for listing on the National Register of Historic Places, shall first be referred to and reviewed by the metropolitan historic zoning commission. The commission shall provide a written recommendation to the executive director of the planning department on the effect any alterations proposed to the property would have on its historically significant characteristics. This recommendation shall be made by applying the Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings.
d. Planning Department Recommendation. The executive director shall review a proposed development plan application for conformance and consistency with this section and title and/or with any adopted community or detailed neighborhood design plans. The executive director shall provide a written recommendation to the zoning administrator reflecting the findings of the planning department review. Within ten working days of receiving a complete application, the director shall issue a recommendation to approve, approve with conditions or disapprove the application. Failure of the executive director to take action within ten working days of receipt of a complete application shall be considered a recommendation to approve the existing development plan application without alteration.
i. Approval. A recommendation to approve the development plan shall be based on findings that the standards and requirements of this section have been satisfied.
ii. Conditional Approval. The executive director may recommend approval of a development plan application subject to any conditions deemed necessary to satisfy the standards and requirements of this section. All conditions shall be transmitted in writing to the zoning administrator.
iii. Disapproval. If the executive director recommends disapproval of an application, the reasons for that disapproval shall be stated in writing and transmitted to the zoning administrator.
e. Changes to a Development Plan. An application to modify a development plan, in whole or in part, shall be filed with, and considered by, the executive director of the planning department according to the provisions of this section. The executive director shall provide a recommendation to the zoning administrator to grant approval, approval with conditions, or disapproval of any changes, including but not limited to, the geographic boundary of the development plan, the modification of specific performance criteria, development standards, or other requirements as shown, described, illustrated, identified, or noted on the last approved development plan.
f. Final Site Plan. The development plan shall serve as the final site plan for purposes of Section 17.40.170.A of this title.
g. Development Approvals and Permits. Approval of a two-family development plan does not relieve an applicant of any subdivision plat, building permit, or other Metro department reviews and approvals. However, all such reviews and permits shall only be issued in conformance with the provisions of the approved two-family development plan.
SECTION 7 By amending Chapter 17.36, “Overlay Districts”, by adding a new Article XIII, Two-family Structure Overlay District, as follows:
Article XIII. Two-family Structure Overlay District
17.36.450 Purpose and intent.
The provisions of the Two-family Structure Overlay District (TSO) are established to provide for metro council designation of specific locations and contextually compatible standards for two-family dwellings in order to preserve and protect the built character of existing neighborhoods and harmonize with the building pattern and scale of newly developing neighborhoods.
17.36.460 District established.
Two-family Structure Overlay District (TSO). The boundaries shall be shown on the zoning map or special overlays thereto that are made a part of this zoning code and noted by name on such map.
17.36.470 General provisions.
A. Applicability. A Two-family Structure Overlay District (TSO) may be applied in the one and two-family base zoning districts R80, R40, R30, R20, R15, R10, R8, and R6.
B. Master plan. A master plan shall be submitted at the time of application for the TSO district, shall be maintained in the files of the planning department, and shall be made part of any enacting ordinance as if incorporated therein. The master plan shall designate the boundaries of the TSO and the lot or lots on which two-family structure(s) are authorized. Alternative standards that differ from the applicable standards of Title 17 must be entered on the master plan and shall meet the purpose and intent of the TSO district. All standards not entered on the TSO master plan shall comply with the standards of Title 17 for a two-family structure in the base zone district.
C. Procedures. The TSO shall be made a part of the official zoning map in accordance with the procedures of Chapter 17.40, Article III.
SECTION 8 By Amending Chapter 17.40, “Administration and Procedures”, Article IV, Overlay District Procedures, by inserting a new Section 17.40.135, as follows:
17.40.135 Two-family Structure Overlay District (TSO).
A. Application. An applicant shall submit an application to rezone to the TSO district, accompanied by a master plan in form and content established by the planning commission and the processing fee established for overlay zoning districts. At a minimum a master plan shall consist of a map showing the exact location of the lot(s) and specifying in text and/or graphics any alternative standards requested that differ from the applicable standards of Title 17, including a notation that all standards not entered on the TSO master plan will comply with the standards of Title 17 for a two-family structure in the base zone district.
B. Planning Commission Action. The planning commission shall review a TSO application for compatible building orientation, placement, height and massing with comparable structures and for consistency 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.
C. Council Consideration. The metropolitan council shall consider an ordinance establishing a TSO district and its associated master plan according to the procedures of Article III of this chapter (Amendments to the Official Zoning Map).
D. Changes to a TSO district. An application to modify a TSO district shall be filed with, and considered by, the planning commission according to the provisions of this section. The metropolitan council shall approve any proposed change in the geographic boundary of a TSO district or any significant deviation from the development standards established by the last council-approved master plan.
E. Final site plan. The construction of any permanent structure in a TSO overlay district shall be in conformance with a TSO final site plan submitted to the planning department executive director. The executive director shall review the final site plan for conformance and consistency with the last approved TSO master plan, including any applicable provisions of Section 17.16.030.D not expressly modified by the council-adopted TSO master plan. The executive director shall provide a written recommendation to the zoning administrator reflecting the findings of the planning department review. Within ten working days of receiving a complete application, the director shall issue a recommendation to approve, approve with conditions or disapprove the application. Failure of the executive director to make a recommendation within ten working days of receipt of a complete application shall be considered a recommendation to approve the existing development plan application without alteration.
i. Approval. Recommendation to approve the development plan shall be based on findings that the standards and requirements of this section have been satisfied.
ii. Conditional Approval. Recommendation to approve the development plan subject to any conditions deemed necessary to satisfy the standards and requirements of this section. All conditions shall be transmitted in writing to the zoning administrator.
iii. Disapproval. If the executive director recommends disapproval of an application, the reasons for that disapproval shall be stated in writing and transmitted to the zoning administrator.
The approved TSO final site plan shall serve as the final site plan for purposes of Section 17.40.170.A of this title.
SECTION 9 By amending Section 17.40.340, “Limits to Jurisdiction”, by adding within the first sentence the underlined text: “The board shall not grant variances within a two-family structure development plan, within a Two-family structure overlay district, or….”
SECTION 10 By amending Section 17.40.660.C “Nonconforming Structures” by adding to the end of Section C the following:
Whenever a two-family structure located outside of a historic overlay district is proposed to be constructed, altered, reconstructed, renovated, or modified in any way such that the total gross floor area proposed for a two-family structure plus any accessory structure(s) exceeds 5,000 square feet or 30% of the lot area, whichever is less, a development plan shall be submitted for review and recommendation by the planning executive director to the zoning administrator in accordance with Sections 17.16.030.D.6 and D.7, prior to the commencement of any work or issuance of any permits as set forth in Sections 17.16.030.D.5 and 17.16.030.D.7.e.
SECTION 11 BE IT FURTHER ENACTED, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: John Summers, Mike Jameson
|Introduced:||August 2, 2005|
|Passed First Reading:||August 2, 2005|
Commission - Approved 5-2
(July 14, 2005)
Planning & Zoning Committee
|Passed Second Reading:||September 6, 2005|
|Deferred to October 4, 2005:||September 6, 2005|
|Deferred to November 15, 2005:||October 4, 2005|
|Deferred Indefinitely:||November 15, 2005|
|Substitute Introduced:||June 19, 2007|
|Deferred to August 7, 2007||June 19, 2007|
|Second Substitute Introduced:||August 7, 2007|
|Deferred:||August 7, 2007|
|Failed:||August 21, 2007|