BILL NO. BL2000-364

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)

...amend Section 17.04.060 B, General Terms, by inserting the following definitions for "Retail," "Retail, convenience," "Retail, general," and "Retail, shopping center" in appropriate alphabetical order as follows:

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)

…amend Table 17.12.020.A (Single-Family and Two-Family Dwellings) by modifying it as follows:

Delete ~~Note~~ and insert "Note 1" with the existing text following it.

RS7.5, R6, and RS5 districts: by inserting the words "See Note 2" in the column labeled "Minimum Side Setback (in ft)" beneath the numeric value assigned to each zoning district.

Insert text for Note 2 as follows:

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

…amend Table 17.12.020.B (Multi-Family, Mobile Homes, and Non-Residential Uses) by modifying the text as follows:

RM2, RM4, RM6, RM9, RM15, RM20, OR20, RM40, OR40, and RM60 districts: by inserting the words "See Note 3" in the column labeled "Min. Side Setback (in ft)" beneath the numeric value assigned to each zoning district.

Insert text for Note 3 as follows:

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.

…amend Table 17.12.020.C (Mixed-Use and Non-Residential Districts) by modifying the text as follows:

I district: inserting the words "See Note 1" in the column labeled "Max. FAR" beneath the numeric ratio assigned to the zoning district;

MUN district: deleting the maximum floor area ratio of ~~0.50~~ and inserting in its place 0.60

MUN, MUL and MUG districts: inserting the words "See Note 2" in the column labeled "Max. FAR" beneath the numeric ratio assigned to each zoning district;

Delete the existing Note 1 and insert new text for Note 1 as follows:

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

Renumber the existing Note 2 as Note 3

Insert new text for Note 2 as follows:

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).

…amend to insert a new section, "Section 17.12.035 Contextual Street Setbacks Within the Urban Zoning Overlay District" as follows:

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.

…amend Section 17.12.040.E (Other Setbacks: Permitted Setback Obstructions) by modifying the text and renumbering the subparagraphs as follows:

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.

1. Accessory buildings (including above-ground swimming pools extending more than 12 inches above ground level) of five hundred seventy-six square feet of gross floor area or less, when located to the rear of a principal structure, shall provide a minimum side setback equal to one-half of that required for the district (but not less than three feet) and a minimum rear setback of at least three feet, except when garage doors open directly to an alley, in which case the minimum rear setback shall be ten feet;

2. Arbors and trellises;

3. Awnings, patio covers, or canopies projecting not more than six feet from a building wall over a required setback, and having no supports other than provided by the wall or its integral parts;

4. Chimneys projecting not more than three feet into the required setback, and not exceeding two percent of the overall setback area provided that a minimum setback of three feet to any property line shall be provided;

5. Clothes poles or clothes lines in rear setbacks of residential districts;

6. Within the urban zoning overlay district, covered or enclosed porches, between 30 inches and eight feet in height above grade, in the side and rear setback areas (but not closer than 3 feet from the property line);

7. Curbs and sidewalks;

8. Eaves, gutters or downspouts, projecting into or over required yards not more than twenty-four inches;

9. In nonresidential districts, elevated pedestrian walkways that cross lot lines or public ways;

10. Fire escapes or staircases, the riser of which shall be at least fifty percent open, subject to the following conditions:

a. In residential districts the encroachment may be up to three feet into the required yard as long as a minimum setback of two feet from the property is maintained,

b. In mixed-use and nonresidential districts, the total area of stairway coverage shall not exceed thirty percent of the area of such required yard;

11. Flagpoles having only one structural ground member;

12. Fountains;

13. Heating, ventilation and air conditioning units (including compressors and condensers) for single-family or two-family dwellings, provided exhaust air is directed vertically or otherwise away from the adjacent property line;

14. Mailboxes;

15. Open terraces, including natural plant landscaping;

16. Open, uncovered stoops, including handicap ramps;

17. For single family or duplex uses, parking spaces for the handicapped;

18. Recreational equipment in the rear setback in residential districts;

19. Sculpture or other similar objects of art;

20. Signs, subject to the provisions of Chapter 17.32;

21. Steps to the principal entrance and necessary landings, together with a railing no more than three feet high, and extending no more than six feet into the setback;

22. Street furniture such as benches, drinking fountains, trash receptacles (not dumpsters), ash trays, light standards or directional signs. Dumpsters may encroach on the required rear setback;

23. In-ground swimming pools extending 12 inches or less above ground level in side or rear setback areas;

24. Trees, shrubs, flowers, hedges or other features of natural growth;

25. Vehicular parking areas and associated driveways, except within landscape buffer yards or within the required street setback of the MUN, MUL, OR20 and OR40 districts;

26. Screening walls or fences. The maximum permitted height measured from finish grade level on the side of the wall or fence with the greatest vertical exposure shall be:

a. Two and one-half feet in height within ten feet of a street right-of-way. Open fences, such as chain link or those of a similar nature are permitted to be six feet in height,

b. Six feet in height within the remainder of the required front setback,

c. Eight feet in height within the required side or rear setback or within any platted common open space;

27. An uncovered deck that is located at least ten feet from the rear property line, does not encroach on required side setbacks and has a maximum deck elevation no greater than the average finished first floor elevation of the principal building as established by the front entrance;

28. Wells;

29. Utility transmission lines and associated structures, such as poles;

30. Satellite dishes not exceeding eighteen inches in diameter; and,

31. Yard and service lighting fixtures and poles.

…amend Section 17.12.050 (Building Height Controls: Special Height Regulations for Single-Family and Two-Family Dwellings) by inserting a new section "C. Special Height Regulations for Single-Family and Two-Family Dwellings Within the Urban Zoning Overlay District" and renumbering the existing section "C" as "D".

C. Special Height Regulations for Single-Family and Two-Family Dwellings Within the Urban Zoning Overlay District.

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 accessory structure shall have vertical walls rising more 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, except that the vertical walls may extend to the underside of the roof at the gable end of a gabled roof. 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, accessory structures located to the rear of the principal dwelling may be 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.

…amend Section 17.12.060.B (Special floor area ratio (FAR) provisions: Residential Bonus in the MUI and CC Districts) by replacing the existing text and table with the following:

B. Residential Bonus in Mixed Use, ORI, CF and CC Districts.

1. For property located either (a) in the MUI District, or (b) within the urban zoning overlay district in any mixed-use, ORI, CF or CC district, in any building where at least 25% of the floor area (exclusive of parking) is designed and constructed for residential occupancy, the floor area designed and constructed for residential use shall not be counted in determining the floor area ratio of the building. This uncounted floor area benefit shall not be combined with any other bonus allowed under this Section or Section 17.36.090.

2. In any development that uses the uncounted floor area benefit in subsection B.1. to construct 10 or more residential units, the following number of residential units shall be restricted for use as affordable housing for a period of at least twenty years:

affordable housing units = 25% x (total residential units – 10)

This provision shall be enforced pursuant to the affordable housing provisions in Section 17.36.090(b)(3).

Chapter 17.20 (Parking, Loading and Access)

…amend Table 17.20.030. (Parking Requirements) inserting the following chart and replacing the table with the following table (note: changes to the table are shown in italics).

HOW TO DETERMINE PARKING REQUIREMENTS AND OPTIONS

STEP 1. LOOK UP MINIMUM PARKING REQUIREMENTS FOR YOUR USE IN TABLE 17.20.030
Effective Date:	December 2, 2000

STEP 2. CHECK WHETHER YOU ARE ELIGIBLE FOR A REDUCTION UNDER 17.20.040
Effective Date:	December 2, 2000

STEP 3. DECIDE WHERE AND HOW YOU WANT TO PROVIDE THAT MINIMUM AMOUNT OF PARKING. ON-SITE – OR OFF-SITE UNDER 17.20.080? BY YOURSELF – OR BY A SHARED ARRANGEMENT UNDER 17.20.100? NOW – OR DELAYED UNDER 17.20.090?
Effective Date:	December 2, 2000

Table 17.20.030

PARKING REQUIREMENTS

Land Use	Minimum Parking Spaces
Residential Land Uses
Single-family	2 spaces
Two-family	2 spaces per unit
Multifamily	1 space per bedroom up to 2 bedrooms; .5 spaces per bedroom for each additional bedroom UZO district: Studio and/or 1 bedroom: 1 per unit; 2 bedroom or more: 1.5 per unit
Mobile home dwelling	2 spaces
Accessory apartment	1 space
Boardinghouse	1 space per each rental unit, plus 1 additional space for owner or manager
Historic bed and breakfast homestay	1 space per guestroom, plus 2 spaces per dwelling unit
Historic home events	To be determined by traffic engineer (Section 17.20.030F)
Home occupation	Same as principal use
Rural bed and breakfast homestay	1 space per room
Security residence	1 space
Institutional Land Uses
Correctional facility	Established by the traffic engineer (Section 17.20.030F)
Cultural center	1 space per 300 square feet UZO district: 1 space per 1,000 square feet for museum; 1 space per 300 square feet for all others
Day care center	1 space for each 5 individuals accommodated, up to 50 individuals; for more than 50 individuals accommodated, 10 spaces plus 1 space per 10 individuals
Day care home	1 space plus requirement for principal use, plus 2 spaces for patrons UZO district: 1 space plus requirement for principal use, plus 1 space for patrons
Day care--Parent's day out	Established by the traffic engineer (Section 17.20.030F)
School day care	Same as day care center
Monastery or convent	1 space per bedroom UZO district: 1 space per 2 beds
Orphanage	1 space per employee UZO district: 1 space per 1,000 square feet
Religious institution	1 space per 4 seats in the sanctuary or equivalent worship space UZO district: 1 space per 6 seats in worship area or 1 space per 100 square feet in worship area without seats
Educational Uses
Business school	1 space per 200 square feet
College or university	Established by the traffic engineer (Section 17.20.030F)
Community education	1 space per staff member, plus 10 visitor spaces (elementary and middle schools); plus 1 space per each 5 students (high schools)
Dormitory	1 space per each 2 rooming units
Fraternity/sorority house	Same as multifamily; plus 1 space per 300 square feet of meeting area
Personal instruction	1 space per 200 square feet
Vocational school	1 space per 200 square feet
Office Uses
Financial institution	1 space per 200 square feet UZO district: First 2,000 square feet: exempt; 1 space per 500 square feet for floorspace in excess of 2,000 square feet
General office	1 space per 300 square feet UZO district: First 2,000 square feet: exempt; 1 space per 500 square feet for floorspace in excess of 2,000 square feet
Sales/leasing office	1 space per 200 square feet
Medical Uses
Assisted care living	1 space per 3 beds
Hospice	1 space per bedroom
Hospital	2 spaces per bed
Medical appliance sales	1 space per 200 square feet
Medical office	1 space per 200 square feet UZO district: First 2,000 square feet: exempt; 1 space per 400 square feet for floorspace in excess of 2,000 square feet
Medical or scientific lab	1 space per 300 square feet UZO district: 1 space per 500 square feet
Nonresidential drug treatment facility	1 space per 150 square feet
Nursing home	1 space per 3 beds UZO district: 1 space per 5 beds
Outpatient clinic	1 space per 200 square feet
Rehabilitation services	1 space per 3 beds
Residence for the handicapped	1 space per 3 beds UZO district: 1 space per 5 beds
Veterinarian	1 space per 200 square feet UZO district: 1 space per 300 square feet
Commercial Uses
Agricultural business	Established by the traffic engineer (Section 17.20.030F)
ATM (principal use only)	5 spaces
Automobile convenience	1 space for each pump plus 1 space for each 200 square feet
Automobile parking	None
Automobile repair	2 spaces, plus 4 spaces per service bay
Automotive service	4 spaces for each of the first four stalls and 2 spaces for each additional stall
Automobile service, oil change	2 spaces per bay or stall
Automobile service, oil change service	4 spaces for up to the first 4 stalls and 1 space for each additional stall
Bar or nightclub	1 space per 75 square feet
Bed and breakfast inn	1 space per bedroom
Business service	1 space per 200 square feet
Carpet cleaning	1 space per 500 square feet UZO district: 1 space per 800 square feet
Car wash (full service)	2 spaces for each stall not including the stall plus 1 space per employee UZO district: 1 space per 1,000 square feet
Car wash (self service)	2 stacking spaces for each stall not including the stall
Custom assembly	1 space per 400 square feet
Funeral home	1 space per 3 permanent seats plus 1 space per 25 square feet for temporary seats. If no chapel is provided, 1 space per 500 square feet UZO district: 1 space per 3 permanent seats & if no chapel, 1 space per 500 square feet
Furniture store	1 space per 200 square feet of display area; 1 space per 1,000 square feet of storage area UZO district: 1 space per 1,000 square feet
Home improvement sales	1 space per 200 square feet UZO district: 1 space per 500 square feet
Hotel/motel	1 space per rooming unit, plus 1 space per 2 employees UZO district: 1 space per rooming unit plus 1 space per 4 employees plus required spaces for accessory uses
Inventory stock	1 space per 1,000 square feet
Kennel	1 space per 400 square feet
Laundry plants	1 space per 500 square feet
Liquor sales	1 space per 200 square feet UZO district: 1 space per 400 square feet
Major appliance repair	1 space per 500 square feet UZO district: 1 space per 800 square feet
Personal care services	1 space per 200 square feet UZO district: First 2,000 square feet: exempt; 1 space per 200 square feet for floorspace in excess of 2,000 square feet
Restaurant, fast-food	1 space per 100 square feet
Restaurant, full-service	1 space per 100 square feet UZO district: First 2,000 square feet: exempt; 1 space per 150 square feet for floorspace in excess of 2,000 square feet
Restaurant, take-out	10 spaces UZO district: exempt
Retail	1 space per 200 square feet UZO district: General Retail: 1 space per 200 square feet for 2,000 to 50,000 square feet & 1 space per 250 square feet for 50,000 to 100,000 square feet & 1 space per 300 square feet for 100,000 to 400,000 square feet & 1 space per 350 square feet for greater than 400,000 square feet Convenience Retail: 1 space per 250 square feet; Shopping Center Retail: 1 space per 250 square feet for less than 400,000 square feet & 1 space per 225 square feet for 400,000-600,000sf & 1 space per 200 square feet for greater than 600,000 square feet; Outdoor (except vehicle sales, limited): 1 space per 1,000 square feet of lot area
Riding stable	Established by the traffic engineer
Self-service storage	4 spaces
Vehicular sales, limited	1 space per 250 square feet plus 1 space per 1,000 square feet of outdoor vehicle display area UZO district: 1 space per 500 square feet of enclosed sales area plus 1 space per 2500 square feet of open sales area plus 2 spaces per service bay
Wrecker service	1 space per 200 square feet UZO district: 1 space per 250 square feet of office space
Communication Uses
Amateur radio antenna	None
Audio/video tape transfer	1 space per 300 square feet
Multi-media production	Established by the traffic engineer (Section 17.20.030F)
Printing and publishing	1 space per 750 square feet
Radio/TV/satellite tower	None
Radio/TV studio	1 space per employee UZO district: 1 space per 400 square feet
Satellite dish	None
Telephone services	None
Industrial Uses
Building contractor supply	1 space per 1,000 square feet
Distributive business/wholesale	1 space per 1,000 square feet
Fuel storage	None
Heavy equipment sales and service	1 space per 1,000 square feet of building area
Manufacturing, heavy	1 space per 1,500 square feet
Manufacturing, light	1 space per 1,500 square feet
Manufacturing, medium	1 space per 1,500 square feet
Research service	1 space per 500 square feet UZO district: 1 space per 800 square feet
Scrap operation	1 space per employee, plus 1 space per 5,000 square feet of lot area UZO district: 1 space per 5,000 square feet of lot area
Tank farm	1 space per employee
Warehouse	1 space per 2,500 square feet
Transportation Uses
Airport/heliport	Established by the traffic engineer (Section 17.20.030F)
Boatdock (commercial)	1 space per slip or berth UZO district: 1 space per 5 berths plus 1 space per 500 square feet of dry storage
Bus station/landport	Established by the traffic engineer (Section 17.20.030F)
Bus transfer station	None
Commuter rail	Established by the traffic engineer (Section 17.20.030F)
Helistop	5 spaces
Motor freight	1 space per 1,000 square feet of indoor storage area
Park and ride lot	None
Railroad station	Established by the traffic engineer (Section 17.20.030F)
Railroad yard	1 space per employee
Water taxi station	Established by the traffic engineer (Section 17.20.030F)
Utility Uses
Power plant	1 space per 400 square feet for office use plus 1 space per 2,000 square feet for other uses
Power/gas substation	None
Reservoirs/water tank	None
Safety services	1 space per 500 square feet
Wastewater treatment	Established by the traffic engineer (Section 17.20.030F)
Water/sewer pump station	None
Water treatment plant	Established by the traffic engineer (Section 17.20.030F)
Collection center	1 space per employee
Construction/demolition landfill	1 space per employee
Medical waste	1 space plus 1 per employee UZO district: 2 spaces per 3 employees
Recycling collection center	1 space per employee UZO district: 2 spaces per 3 employees
Sanitary landfill	1 space plus 1 per employee UZO district: 2 spaces per 3 employees
Waste transfer	1 space per employee UZO district: 2 spaces per 3 employees
Recreation and Entertainment Uses
Adult entertainment	1 space per 75 square feet
Camp	Established by the traffic engineer (Section 17.20.030F)
Club	Established by the traffic engineer (Section 17.20.030)
Commercial amusement (inside)	1 space per 200 square feet
Commercial amusement (outside)	Established by the traffic engineer (Section 17.20.030F)
Country club	1 space per 300 square feet
Drive-in movie	1 space per employee
Driving range	Established by the traffic engineer
Fairground	Established by the traffic engineer (Section 17.20.030F)
Golf course	Established by traffic engineer (Section 17.20.030F)
Greenway	Established by the traffic engineer (Section 17.20.030F)
Public park	Established by the traffic engineer (Section 17.20.030F)
Racetracks	Established by the traffic engineer (Section 17.20.030F)
Recreation center	Established by the traffic engineer (Section 17.20.030F)
Rehearsal hall	1 space per 3 seats
Stadium/arena/convention center	Established by the traffic engineer (Section 17.20.030F)
Temporary festival	Established by the traffic engineer (Section 17.20.030F)
Theater	1 space per 3 seats--Established by the traffic engineer for facilities with a capacity of more than 500 spectators
Zoo	Established by the traffic engineer (Section 17.20.030F)
Other Uses
Cemetery	1 space per employee
Domestic animals/wildlife	None
Hazardous operations	Established by the traffic engineer (Section 17.20.030F)
Mineral extraction	Established by the traffic engineer (Section 17.20.030F)
Effective Date:	December 2, 2000

…amend Section 17.20.040 (Parking Requirements for CC, MUI and CF districts) by renaming and reformatting the current text and inserting a new provision and table as follows:

Chapter 17.20.040 ~~Parking Requirements for CC, MUI and CF Districts~~ Adjustments to Required Parking

Notwithstanding the provisions of Section 17.20.030:

A. No parking shall be required for uses located in the CC district.

B. No parking shall be required for existing structures in the CF or MUI districts which were constructed prior to December 24, 1974.

C. For uses located within the CF or MUI districts within the I-40/I-65/I-265 loop south of the CSX railroad, and north of, or having frontage on, ~~the Franklin Street corridor~~ Gateway Boulevard, and which are located within a council-approved redevelopment district, the off-street parking requirement shall be one-quarter the requirement set forth in Table 17.20.030.

D. For uses located within the CF or MUI districts within the I-40/I-65/I-265 loop, south of properties fronting on ~~the Franklin Street corridor~~ Gateway Boulevard, and which are located within a Council approved redevelopment district, the off-street parking requirement shall be one-half the requirement set forth in Table 17.20.030.

E. Within the urban zoning overlay district, for uses not eligible for a parking reduction or exemption pursuant to 17.20.040 (A) through (D) above, the minimum amount of required parking shown in Table 17.20.030 shall be adjusted as follows. The combined effect of all applicable adjustments in this section shall not reduce the off-street parking required by Table 17.20.030 by more than 25%:

Adjustment	Criteria	Parking Adjustment
Transit	Residential or non-residential use is located within 660 feet of a public transit route.	10% Reduction
Pedestrian Access	Non-residential use is located where residents of all residential and mixed-use areas within 1,320 feet of the subject property can walk to and from the non-residential use on a continuous sidewalk system (ignoring intervening streets)	10% Reduction
Public Parking Lots	Non-residential use is located within 660 feet of a parking lot that is available for use by the public without charge (either directly or through a validation program in which the subject use participates).	10% Reduction
On-Street Parking	Single-family or duplex residential use is located along one or more public street frontages where public parking is permitted. Multi-family residential or non-residential use is located along one or more public street frontages where public parking is permitted.	One (1) legal on-street parking space (to a maximum of two parking spaces) can be substituted for every required off-street parking space provided the on-street space is located on a public right-of-way immediately abutting the property or tenant space seeking the parking adjustment. Where a partial space straddles an extension of a side property line, the space may be counted by the abutting property owner in front of whose property 50% or more of the space is located. One (1) legal on-street parking space can be substituted for � of every required off-street parking space provided the on-street space is located on a public right-of-way immediately abutting the property or tenant space seeking the parking adjustment.
Contextual Front Setbacks	Residential or non-residential use builds within ten feet of the rights-of-way in accordance with the contextual front setback provision contained in Section 17.12.035.A.3. (Major new investment provision).	10% reduction
Effective Date:	December 2, 2000

…amend Section 17.20.060.D (Parking Area Design Standards: Residential Parking) by inserting text as follows:

D. Residential Parking. Required parking spaces for a single-family or two-family dwelling unit shall be a minimum of eight feet wide and twenty feet long. Required parking spaces may be placed end to end. Garage doors opening toward a public street shall be a minimum of twenty feet from the property line. Within the urban zoning overlay district, no off-street parking area or loading area shall be located within any required street setback area, unless it is located on a driveway in accordance with Section 17.20.060.G.

…amend Section 17.20.080B (Off-Site Parking: Separation) by deleting and inserting text as shown below:

B. Separation.

The nearest property line of any off-site parking area required for a residential use shall not be located more than two hundred feet away from the residential use as measured from the nearest property line of the residential ~~principal~~ use.
The nearest property line of any off-site parking area for a nonresidential use:

shall not be located more than five hundred feet away from the non-residential use as measured from the nearest property line of the non-residential ~~principal~~ use; and

shall not be separated from the non-residential use by any street with more than four travel lanes.

Properties in the MUI, CF and SCR districts, and all religious institutions subject to Section 17.16.170E2, shall be exempt from the above maximum separation provisions.
Within the qualifying districts, the above distance standards may be increased for those land uses identified in Table 17.20.030 in which the traffic engineer must establish the parking requirement, provided that the location of the off-site parking lot is recommended by the traffic engineer.

…amend Section 17.20.080C (Off-Site Parking: Common Ownership) by inserting the text as shown below:

C. Common Ownership. Any off-site parking area shall be under the same ownership as the principal use to which it is accessory, or otherwise secured by a lease of no less than, three years or the term of any lease for the principal use, whichever is greater, and all necessary legal instruments shall be executed and recorded with the Register of Deeds to ensure that the required number of spaces shall remain available throughout the life of the principal use.

…amend Section 17.20.100 (Shared Parking) by inserting text as shown below:

Within the urban zoning overlay district, the zoning administrator or planning commission (as applicable) may approve a shared parking plan for a mixed use project when uses are located near one another and have different peak parking demands and operating hours, or other characteristics that would enable them to share parking areas without resulting in significantly higher on-street parking in surrounding areas or unauthorized use of other parking facilities, based upon a favorable recommendation of a shared parking study and site plan from the metropolitan traffic engineer. (See Figure 17.20.100) Shared parking arrangements shall be subject to the requirements set forth below.

Outside of the urban zoning overlay district, Tthe zoning administrator or planning commission (as applicable) may approve a shared parking plan for a mixed use project when uses are located near one another and have different peak parking demands and operating hours, based upon a favorable recommendation of a shared parking study and site plan from the metropolitan traffic engineer. (See Figure 17.20.100) Shared parking arrangements shall be subject to the following requirements:

A. Agreements. In cases where the uses for which shared parking is requested are located on lots under different ownership, a three party agreement between the metropolitan government and owners shall be required and subject to approval by the metropolitan government's legal counsel. Any applicable easements and joint access corridors which tie the shared parking concept together will be required to be recorded on a final plat and in any restrictive covenants, and shall be referenced on the site plan.

B. Parking zone lot. Owners of multiple adjacent properties may petition to have their parcels considered as a single parcel (a "parking zone lot") for purposes of compliance with parking requirements, provided that the parking zone lot includes a sufficient number of spaces to meet the sum of the minimum off-street parking space requirements for each use within the parking zone lot. Such requests shall be reviewed and approved through the site plan approval process (Section 17.40.170 (c)(2)). Documentation of an approved parking zone lot shall be recorded with the register of deeds. The approved parking zone lot may be amended or terminated through the site plan process upon (1) a petition filed by a majority of the owners whose properties include at least seventy five (75%) of the square footage included in the approved parking zone lot prior to amendment or termination, and (2) submission of evidence that each use has made alternative provisions to satisfy its minimum off-street parking required by this code.

B. C. Criteria. In reviewing an application for a reduction in the minimum number of required parking spaces, the following shall be considered:

1. Characteristics of each use and projected peak parking demand, including hours of operation;

2. Potential reductions in vehicle movements afforded by multi-purpose use of spaces

by employees, customers or residents; and

3. Potential improvements in access, design, open space preservation and circulation afforded.

Chapter 17.24 (Landscaping, Buffering and Tree Replacement)

…amend Section 17.24.140 (Parking Area Screening and Landscaping: Applicability) by reorganizing and inserting the text as shown below:

~~All trees planted or preserved to satisfy the requirements of this article shall count towards the tree density requirements of Article II.~~ The following requirements are cumulative, not exclusive.

A. Perimeter Parking Area Landscaping Required. The perimeter parking area landscaping requirements of this article shall apply to all off-street parking facilities adjacent to a public street or to a property line which:

1. Have five or more parking spaces; or

2. Are larger than one thousand seven hundred fifty square feet in area.

Within the urban zoning overlay district, parking areas within the CC and CF zoning districts shall be exempt from the side property line planting requirements of this article. Perimeter parking area landscaping may be waived along interior property lines for property located within an approved planned unit development (PUD) district or within a unified plat of subdivision if the planning commission finds that any potential negative impacts of the parking area will be mitigated through other means.

B. Interior Parking Area Landscaping Required. The interior parking area landscaping requirements of this article shall apply to all off-street parking facilities which:

1. Have ten or more parking spaces; or
2. Are over three thousand five hundred square feet in area

Principal use parking areas located in the CC and CF districts on properties with less than one hundred feet of public street frontage or with less than twelve thousand square feet in total area shall be exempt from the interior planting requirements of this title.

C. All trees planted or preserved to satisfy the requirements of this article shall count towards the tree density requirements of Article II. Perimeter parking area landscaping may be waived along interior property lines for property located within an approved planned unit development (PUD), an urban design overlay district, or within a unified plat of subdivision if considered appropriate by the planning commission. Parking areas within the CC and CF zoning districts shall be exempt from the side property line planting requirements of this article.

…amend Section 17.24.150 (Parking Area Screening and Landscaping: Parking Areas Adjacent to Public Streets) by deleting and inserting the text as shown below:

Unless supplanted by more stringent standards in Article IV of this chapter, Landscape Buffer Yard Requirements, the perimeters of parking lots shall be landscaped as follows:

A. Parking Areas Adjacent to Public Streets. Parking areas adjacent to public streets shall be separated from the edge of the right-of-way by a perimeter landscape strip which shall be landscaped per the standards set out in subsection C of this section. The public right-of-way and areas reserved for future rights-of-way in compliance with the adopted major street plan shall not be used to satisfy the requirements of this article. Perimeter landscape strips shall be continuous and unbroken except for driveways or sidewalks required to access the parking area. ~~Driveway/sidewalk penetrations shall not exceed twenty-five percent of the entire perimeter landscaping strip, with~~ nNo single driveway/sidewalk penetration shall to exceed thirty-five feet.

…amend Section 17.24.160 by inserting the text as shown below:

A. General Requirements. except for parking lots containing fewer than thirty (30) spaces within the urban zoning overlay district, at least eight (8) percent of the gross area of the parking area shall be landscaped and interior planting areas are to be located within or adjacent to the parking area as tree islands, at the end of parking bays or inside seven foot wide or greater medians (where the median area is to be included as a part of the calculations for the interior planting area). Parking lots containing fewer than 30 parking spaces within the urban zoning overlay district shall be exempt from the eight percent landscaping requirement and the seven (7) foot median requirement, but shall be required to install trees as described below. Interior planting areas shall be located so as not to impede stormwater runoff and provide shade in large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic.

B. Minimum Size of Interior Planting Areas.

1. Outside the urban zoning overlay district, and for parking lots containing thirty (30) or more parking spaces within the urban zoning overlay district, a minimum of ninety square feet of planting area shall be required for each new canopy tree (See Figure 17.24.160), and a minimum planting area of one hundred percent of the drip line area of the tree shall be required for all existing trees to remain. If the applicant can demonstrate that conditions allow that the tree will be preserved with an area less than one hundred percent, lesser area may be approved by the urban forester. (See Figure 17.24.160)

2. For parking lots containing fewer than thirty (30) parking spaces within the urban overlay zoning district, a minimum planting or tree grate area of one hundred percent of the drip line area of the tree shall be required for all new and existing trees. If the applicant can demonstrate that the tree can remain healthy with an area less than one hundred percent, lesser area may be approved by the urban forester.

…amend Section 17.24.210.G (Landscape Buffer Yard Design and Materials: Opaque Fences) by deleting and inserting the text as shown below:

G. Opaque Fences.

1. Outside of the urban zoning overlay district, Wwhen utilized to satisfy a screening requirement of this title, opaque fences shall be constructed of permanently affixed materials that comprise an integral part of the fence itself. The use of non-rigid plastic or fabric material shall not qualify as an opaque fence.

2. Within the urban zoning overlay district, when walls or fences are used as part of landscape buffer yards, the following materials shall be used and the landscaping shall be installed on the side of the wall facing the less-intensive use:

Fences provided in Landscape Buffer Yards A and B may only be constructed of natural wood. Sheet plastic, sheet metal, corrugated metal, and plywood fencing shall not be allowed. The finished side of fences shall face the lower intensity use.

Walls provided in Landscape Buffer Yards B, C, and D may only be constructed of brick, stone, stucco over concrete block, split-faced or fluted block. Walls shall not be constructed of industrial waste materials (tires, pallets, etc.).

…amend Figures 17.24.240B, 17.24.240C, and 17.24.240D by inserting a fifth landscape buffer yard that permits use of a six foot wall or fence in Landscape Buffer Yard B, a six foot wall in Landscape Buffer Yard C, or an eight foot wall in Landscape Buffer Yard D as shown below:

Note: Contact the Metro Clerk's Office for Figures 17.24.240B, 17.24.240C and 17.24.240D

Note: Landscape Buffer Yard B-5 is only available within the urban zoning overlay district.

Note: Landscape Buffer Yard C-5 is only available within the urban zoning overlay district.

Note: Landscape Buffer Yard D-5 is only available within the urban zoning overlay district.

Chapter 17.36 (Overlay Districts)

…amend Section 17.36.010 (Purpose and Intent) by deleting and inserting text as follows

17.36.010 Purpose and Intent.

A. Overlay districts are established by this title as a means of addressing specific aspects of land use control or development design that transcend conventional zoning district provisions. Included is an overlay district that permits greater design flexibility than otherwise permitted by the conventional standards of this code; overlay districts intended to protect the historic attributes of the community; an overlay to promote the development and operation of a comprehensive greenway system; a special overlay to protect the operational integrity and safety of the Nashville International Airport; an overlay district designed to regulate the location of adult entertainment establishments; ~~and~~ a special urban design overlay; and an urban zoning overlay district intended to preserve and protect existing development patterns that predate the mid-1950’s and ensure the compatibility of new development.

…amend Chapter 17.36. (Overlay Districts) by adding the following Section at the end of the Chapter:

Article XI. Urban Zoning Overlay District

17.36.400 Purpose and Intent.

The primary intent of the urban zoning overlay district is to preserve and protect existing development patterns that predate the mid-1950’s in portions of metro Nashville that were originally developed before that time and to ensure the compatibility of new development in those older portions of the city. In addition, the urban zoning overlay district is intended to promote reinvestment in areas of metro Nashville originally developed before the mid-1950s by modifying development standards that could add unnecessary expense without improving the safety or compatibility of resulting development. The urban zoning overlay district is also intended to implement provisions of adopted plans that call for particular areas to evolve to a development pattern characterized predominantly by lot sizes, street patterns, and alley systems commonly used before the mid-1950s.

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.

Chapter 17.40 (Administration and Procedures)

…amend Section 17.40.010 (Zoning Administrator: Authority and Responsibilities) by inserting text and renumbering the subparagraphs as follows:

The zoning administrator is granted the following authority and responsibilities by this title:

A. Interpretation and Administration. The zoning administrator shall interpret and administer the provisions of this zoning code;

B. Application Processing and Review. The zoning administrator shall process and review applications for all zoning permits and selected final site plans to insure compliance with the provisions of this title and with approvals granted by other departments, commissions and/or boards, as applicable;

C. Zoning Permits and Certificates of Compliance. The zoning administrator is authorized to issue zoning permits and to certify zoning compliance by the issuance of a certificate of compliance;

D. Minor modifications. Within the urban zoning overlay district, the zoning administrator shall have the authority to grant minor modifications to general development standards as set out below:

1. Modifications of 20% or less of any square footage limitation for uses "permitted with conditions" as set forth in Section 17.08.030.

2. Modifications of twenty percent (20%) or less of any lot size, building setback, or lot coverage standard set forth in section 17.12.020,

3. Modifications of twenty percent (20%) or less of any numeric requirements set forth in section 17.24, landscaping standards.

4. Modifications of twenty percent (20%) or less of any minimum amount requirement for off-street parking spaces in section 17.20.030.

5. Modifications of twenty percent (20%) or less of any dimensional requirements relating to fences or walls in section 17.24.

A minor modification shall only be approved if the zoning administrator makes a written finding that such modification (1) is necessary to promote reuse of a structure existing on the effective date of this amendment, and (2) will not impose significant impacts on nearby properties. As a condition of approving any minor modification, the zoning administrator may require that the applicant take specific steps to minimize any minor impacts on nearby properties. E. Enforcement of this Title. The zoning administrator shall enforce the provisions of this title; F. Information and Advisement. The zoning administrator is responsible for informing and advising the general public regarding the provisions of this title; G. Recordkeeping. The zoning administrator shall maintain current and permanent records relative to the adoption, amendment, administration and enforcement of this zoning code; and, H. Right of Entry Upon Land. The zoning administrator is authorized to enter upon any land within the jurisdiction of this title in fulfillment of all associated responsibilities and duties …amend Section 17.40.170.C (Final Site Plan: Development Under a Unified Plat of Subdivision) by inserting the text as shown below:

B. Development Under a Unified Plat of Subdivision. In the approval of a final site plan for property located in a shopping center, multifamily, or mixed-use district, in a commercial or office district located within the urban zoning overlay district, in the ORI, or I district, or within a planned unit development, institutional, or urban design overlay district located within a unified plat of subdivision, the zoning administrator and/or the planning commission may authorize the following design flexibility provided that all standards of this title are satisfied within the boundary of the unified plat of subdivision as approved by the planning commission and suitably noted both on the final site plan and the recorded plat.

1. A permanent on-premises sign may be located on a different lot subject to the number, size and spacing standards of Chapter 17.32.

2. The parking requirements of Chapter 17.20, Article II may be satisfied on a different lot than that containing the principal use or through a shared parking arrangement.

3. The perimeter parking lot landscaping standards of Section 17.24.150B may be waived along internal lot lines.

4. The overall area of impervious surface (ISR) permitted within the unified plat of subdivision may be redistributed among the lots of that plat provided that the department of public works determines that each final site plan conforms to the requirements of Chapter 15.64, "An Ordinance for Storm Water Management."

5. The zoning administrator and/or planning commission may vary the street setback standards of Tables 17.12.030A and 17.12.030B if deemed appropriate to maintain the existing character of a developed area.

6. The overall floor area ratio (FAR) permitted within a unified plat of subdivision may be redistributed among the lots of that plat.

AMENDMENT NO. 1

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

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

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

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

ORDINANCE NO. BL2000-364

Mr. President:

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

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

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

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

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.

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

AMENDMENT NO.. 9

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

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.

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

LEGISLATIVE HISTORY
Introduced:	August 1, 2000
Passed First Reading:	August 1, 2000
Referred to:	Planning Commission - Approved 7-0 (7/20/00) Planning & Zoning Committee
Deferred:	September 5, 2000
Deferred:	September 19, 2000
Deferred:	October 3, 2000
Amended:	October 17, 2000
Passed Second Reading:	October 17, 2000
Amended:	November 21, 2000
Passed Third Reading:	November 21, 2000
Approved:	November 28, 2000
By:
Effective Date:	December 2, 2000