ORDINANCE NO. BL2000-559

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, the Zoning Ordinance, primarily affecting residential zoning districts, by creating two new land uses "Community Services Facility" and "Service Organization Club/Lodge"; by modifying the location and minimum size of an accessory apartment on a residential lot; by requiring the owner of a historic bed & breakfast homestay and rural bed and breakfast to live in the dwelling unit; and by modifying the community education use standards (2000Z-027T, 2000Z-029T, 2000Z-035T, 2000Z-036T, 2000Z-037T), all of which is more particularly described herein.

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

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

SECTION 2. 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.

EXHIBIT A

 Community Services Facility

 ·          By amending Section 17.04.060 (Definitions of general terms) to add “Community Services Facility” in alphabetical order as follows:

 Community Services Facility means any lot, building, or structure used for the provision of services and programs, meals, jobs training, day care, counseling, arts enrichment, tutoring, youth meetings, and health education by non-profit and not-for-profit organizations to the neighborhood and community in which the facility is located.  The facility shall not be used for functions unrelated to the facility’s purpose, such as, but not limited to, community meetings, social meetings of clubs and other organizations, parties, receptions, banquet hall, or providing health care other than education, screening, and counseling.

·          By amending Section 17.08.030 (District land use tables: Institutional Uses) by adding "Community Services Facility" as a SE (special exception use) to the AR2a, all RS districts, all R districts, MHP, and I districts, and as a PC (permitted with conditions) in the MUL, MUG, OL, OG, OR20, OR40, CL, CS, and SCC districts and as a P (permitted use) in the MUI, CA, CF, CC, and SCR districts.

·          By amending Section 17.16.035 (Uses Permitted with Conditions: Institutional Uses) to add and Section 17.16.170 (Special Exception Uses: Institutional special exceptions) to add "Community Services Facility" in alphabetical order as follows:

Community Services Facility.

1.       A site plan shall be prepared and submitted identifying and describing the overall development plan and use of all individual lots which comprise the site as a whole, in accordance with Section 17.40.170 of this title.  Properties not owned today by the organization, but proposed for future acquisition shall also be shown on the plan with intended future uses.

2.       Site Location. Whenever possible, community service facilities shall be located within walking distance (one-quarter mile) from other community facilities such as but not limited to community centers, parks, greenways, parks, schools, transit stops, and libraries.

3.       Site size.  The minimum site size is one-half acre and the maximum site size is six acres.  If less than four acres, all properties must be contiguous.  Properties separated by an alley or street, but not another lot under separate ownership, shall be considered contiguous.   For all non-contiguous properties, the applicant must explain the merit of including non-contiguous properties into the master site plan for the facility.  No property located more than 200 feet from the contiguous properties, measured in a direct line from property line to property line, shall be included in the plan.

4.       Street Standard.  At a minimum, community care facilities shall access local streets with access to a collector street within one-half of a mile, measured in a direct line from the contiguous properties to the local street’s intersection with the collector street.

5.       Building mass and scale.  The gross floor area of any individual structure within the facility shall not exceed 7,500 square feet and two stories in height.

6.       Landscaping.  A landscape buffer yard A-3 shall be provided along all property lines that abut a single-family, duplex, church, day care, or community education use not owned by the organization.

7.       Parking.   Where multiple uses are proposed, the facility shall provide parking and loading spaces in an amount equal to the total of each individual use’s parking requirements, recognizing any available on-street and alternative parking available in the area, unless a shared parking arrangement is approved pursuant to Section 17.20.100 of this title.  New parking spaces shall be located to the side and rear of the facility so as not to disrupt the continuity of the existing neighborhood context, building rhythm, and streetscape.  Off-street parking spaces on non-contiguous property shall be located no more than 200 feet from the property line of the contiguous properties, measured in a direct line from property line to property line.  No off-street parking spaces shall require the demolition of an existing dwelling unit in a state of good repair.

8.      Outdoor loudspeakers.  There shall be no outdoor loudspeakers or public address systems, except as may be needed for emergency purposes.

9.       Signs.    One ground monument sign shall be permitted to identify each use on-site measuring no more than 10 square feet with a height not to exceed four feet.  All signs shall be either spotlighted or externally lit.  On-premise temporary signs shall not be permitted.

10.    Outdoor Storage.  No outdoor storage shall be permitted except for outdoor playground equipment in useable condition.

11.    Spacing.  Regardless of services or activities are provided, no two Community Services Facilities shall locate on the same street block faces or on an opposing street block face.  Where a block face is over one thousand feet in length, no Community Services Facility shall locate within one thousand feet of another Community Services Facility, measured in a direct line from property line to property line and including any public right-of-way.

12.    Preferred locations.  The land use development standards of this title may be modified by the board of zoning appeals if the site, not individual properties within the overall facility, meets one of the following criteria below:

a.       The Community Services Facility will be co-located with another institutional use;

b.       The Community Services Facility will be the principal use serving as an adaptive reuse of an existing institutional facility or non-residential structure;

c.       The Community Services Facility lot abuts and has common street frontage with a non-residential or multi-family zoning district;

d.       The Community Services Facility is within a large multi-family development of two hundred or more dwellings;

e.       The Community Services Facility is within a mixed-use development that contains an affordable multi-family housing development.

·          By amending Section 17.20.030 (Parking requirements established:  Institutional Land Uses) to add “Community Services Facility” in alphabetical order as follows:

Land Use                                           Minimum Parking Spaces

Community Services Facility              Established by the Traffic Engineer

                                                                        (Section 17.20.030F)

Service Organization Club/Lodge

·          By amending Section 17.04.060 (Definitions of general terms) to add “Service Organization Club/Lodge” in alphabetical order as follows:

Service Organization Club/Lodge means any non-profit organization whose services are devoted principally to the betterment or improvement of the community in which it is located or for fraternal, social, education, recreational, or cultural enrichment of its members, including, but not limited to, Lions, Kiwanis, Rotary, Optimist, Civitan, American Legion, or Masons.  A club or lodge does not include a facility where the principal membership requirement is payment of a membership or admission fee.

·          By amending Section 17.08.030 (District land use tables: Educational Uses) by adding “Service Organization Club/Lodge” as a SE (special exception use) to the AR2a, all RS districts, all R districts, MHP, and I districts, and as a PC (permitted with conditions) in the CN, MUN, and SCN districts, and a P (permitted use) in the MUL, MUG, MUI, OL, OG, OR20, OR40, CL, CS, CA, CF, CC, SCC, and SCR districts.

·          By amending Section 17.16.035 (Uses Permitted with Conditions:  Institutional Uses) and Section 17.16.170 (Special Exception Uses:   Institutional special exceptions) to add “Service Organization Club/Lodge” in alphabetical order as follows:

Service Organization Club/Lodge. 

1.       A site plan shall be prepared and submitted identifying and describing the  overall development plan and use of individual lots which comprise the site as a whole, in accordance with Section 17.40.170 of this title.  Properties not owned, rented, or leased today by the organization, but proposed for future lease, rental, or acquisition shall also be shown on the plan with intended future uses.

2.       Street Standard and Access.  At a minimum, service organization club/lodge shall access a collector street or arterial.  A traffic impact study may be required by the Traffic Engineer to demonstrate access to the facility shall not have a significant impact on the surrounding neighborhood.

3.       Site size.  The maximum site size permitted shall be two contiguous acres of property.

4.       Building mass and scale.  The gross floor area of any individual structure within the facility shall not exceed 5,000 square feet and two stories in height.

5.       Landscaping.   A landscape buffer yard B-3 shall be provided along all property lines that abut a residential zoning district.  

6.       Outdoor loudspeakers.  There shall be no outdoor loudspeakers or public address systems, except as may be needed for emergency purposes.

7.       Signs.   All signs shall be either spotlighted or externally lit.  On-premise temporary signs shall not be permitted.

8.       Outdoor Storage.   No outdoor storage shall be permitted.

9.       Spacing.   Regardless of what services or activities are provided, no service organization club/lodge shall locate on the same street block face or on an opposing street block face.  Where a block face is over one thousand feet in length, no service organization club/lodge shall locate within one thousand feet of another service organization club/lodge, measured in a direct line from property line to property line and including any public right-of-way.

·          By amending Section 17.20.030 (Parking requirements established: Educational Land Uses) to add “Service Organization Club/Lodge” in alphabetical order as follows:

                         Accessory Apartment

 ·          By amending Section 17.08.030 (District land use tables:  Residential Uses) by adding “Accessory Apartment” as an A (accessory use) to all zoning districts which permit single-family residential use RM2, RM4, RM6, RM9, RM15, RM20, RM40, RM60, I, MUN, MUL, MUG, MUI, ON, OR20, OR40, and ORI districts.

·           By amending Section 17.16.250.A (Residential Accessory Uses:   Accessory Apartment) to modify the location and size of an accessory apartment on a residential lot as follows:

17.16.250   Residential accessory uses.

A.   Accessory Apartment.  A self-sufficient housekeeping unit shall be considered to be accessory to a single-family residence subject to the following:

1.                 The single-family residence is owner-occupied and meets all regulations of the district;

2.                 There shall only be one accessory apartment per single-family residence.

3.                 In all districts permitting single-family and/or two-family dwellings, Tthere must be is free and clear access between the housekeeping units without going outdoors, except oversized lots that are 1.5 times larger than the minimum lot size required by the base zoning district or lots containing 40,000 square feet or more may have a free-standing apartment or one above a detached garage (example: R15 oversize lot = minimum lot size of 22,500 square feet);

4.                Only one entrance may be located on each front or street side of the residence unless more than one entrance on a front or street side existed as of January 1, 2001 or it is determined by that topography, screening or an other design solution de-emphasizes the presence of a second entrance.

5.                 Any free-standing or above a detached garage accessory apartment shall be constructed within the rear yard area of the principal structure, within the principal structure’s building envelope, and shall comply with all applicable setback and maximum height standards of this title;

6.                 Only one meter per utility may be installed to service both units.

7.                 No accessory apartment shall exceed in floor area the greater of 500 square feet or twenty-five percent of the gross floor area of the principal structure A maximum of twenty-five percent of the gross floor area, excluding garage and utility space, may be used for the accessory apartment.

8.                 Any freestanding or detached garage accessory apartment shall be constructed to be compatible with the existing principal structure on the property. 

9.                 No entrance, which would be visible from the street, may be added solely for the purpose of providing direct outside access to the street; except accessory apartments on oversized lots that are either free-standing or above a detached garage, as defined in Section 17.16.250A.2 above;

10.             The second accessory unit must be occupied by a family member defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle;

11.             That the covenants provided herein may be enforced by the department of codes administration of the metropolitan government; and

12.             An instrument shall be recorded with the register’s office covenanting that the apartment is being established as an accessory use and may only be used under the conditions listed above.

Historic Bed & Breakfast Homestay

·          By amending Section 17.16.160.A (Residential Special Exception Uses: Historic Bed and Breakfast Homestay) to add as #4 the requirement that the dwelling be owner-occupied as follows and to renumber accordingly:

1. Historic Bed and Breakfast Homestay.

1. Historic Eligibility. In order for a historic bed and breakfast homestay to operate, it must first be approved by the metropolitan historic zoning commission. A historic bed and breakfast homestay shall contain at least one historically significant structure as defined by Section 17.04.060.

2. The application with site and architectural plans shall first be referred to and reviewed by the metropolitan historic zoning commission to determine the structure's eligibility for operation as a historic bed and breakfast homestay. The commission shall furnish the board of zoning appeals with written recommendations on the eligibility of structures for such use based on historical significance, as defined in Section 17.04.060.

3. If the proposed structure is deemed eligible, exterior work proposed to be done will be subject to design review guidelines adopted by the metropolitan historic zoning commission for determining the architectural compatibility and historical significance of such work. If the metropolitan historic zoning commission determines, pursuant to Chapter 17.40, Article IX, that the proposed bed and breakfast structure qualifies for historic preservation or landmark designation, design review guidelines for neighborhood conservation districts shall apply. The metropolitan historic zoning commission's approval of work shall be granted in writing as a condition for issuance of a zoning permit.

4.      Owner-Occupied. The owner of the property must reside permanently in the historic home. Where there is more than one owner of the home, or where an estate, corporation, limited partnership or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by any single individual or corporation, shall reside permanently in the historic home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the historic home.

5.        No more than one off-street parking space shall be provided for each guest room. The commission shall advise on the appropriate location and potential adverse impacts caused by the off-street parking of vehicles, and may recommend fencing, screening and landscaping to buffer and protect surrounding residential properties.

6.       No signs shall be permitted for advertising. An accessory residential sign, not to exceed the dimensions of one square foot of area, displaying the name and/or address of the owner may be permitted.

7.       The bulk regulations of the district for a residence shall apply. Overnight guest rooms may be located within historically significant accessory structures.

8.       The owner shall maintain and make available to the zoning administrator a guest register for each calendar year.

9.       Meal service shall be restricted to overnight guests only; no cooking facilities shall be permitted in any guest room.

10.   The metropolitan fire marshal shall approve the structure for safety.

 Rural Bed and Breakfast

·          By amending Section 17.16.160.A (Residential Special Exception Uses: Historic Bed and Breakfast Homestay) to add as #2 the requirement that the dwelling be owner-occupied as follows and to renumber accordingly:

2. Rural Bed and Breakfast Homestay.

1. A rural bed and breakfast homestay shall be any geographically definable area of one agriculturally zoned lot which contains five or more acres for the principal structure as determined by the board of zoning appeals.

2.       Owner-Occupied. The owner of the property must reside permanently in the home. Where there is more than one owner of the home, or where an estate, corporation, limited partnership or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by any single individual or corporation, shall reside permanently in the home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the home. 

3.       No more than one off-street parking space shall be provided for each guest room. The board shall determine the appropriate location of these spaces and require fencing, screening and landscaping to buffer and protect surrounding residential properties from any adverse impact caused by the off-street parking of vehicles.

4.       No signs shall be permitted for advertising. An accessory residential sign, not to exceed the dimensions of one square foot of area, displaying the name and/or address of the owner may be permitted.

5.       The bulk regulations of the district for a residence shall apply.

6.       The owner shall maintain and make available to the zoning administrator a guest register for each calendar year.

7.       Meal service shall be restricted to overnight guests only; no cooking facilities shall be permitted in any guest room.

8.       The metropolitan fire marshal shall approve the structure for safety.

Community Education

·          By amending Section 17.16.040.A (Uses Permitted With Conditions: Educational uses, Community Education) to the current text in its entirety and replace it with the following:

A. Community Education.

1.       Campus Size. Minimum campus size shall be based on the total enrollment capacity of the following school types:

School Type . . . . . . . . . . Minimum Campus Size*

Elementary (K--8) . . . . .  5 acres + 1 acre/100 students

Middle (5--9) . . . . . . . . . 10 acres + 1 acre/100 students

High (7--12) . . . . . . . . . . .15 acres + 1 acre/100 students

* Public park space which abuts the school site may be calculated to meet the minimum campus size, provided the metropolitan board of parks and recreation approves the site for shared use.

2. Setback. Where elementary and middle school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of fifty feet. Where high school structures and outdoor activity grounds abut a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred feet.

3. Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard B shall be applied along common property lines.

4. Street Standard. At a minimum, educational facilities shall have driveway access on streets that function at the minimum street standards below:

a. Elementary: any street; on minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block;

b. Middle: collector street;

c. High: arterial street; or the intersection of two collector streets.

5. Reduced Lot Size. The board of zoning appeals may permit school facilities on smaller lot sizes than set forth above provided extracurricular activities are not offered by the school. Indoor/outdoor interscholastic and intramural competitive sports and outdoor physical education facilities are prohibited. Playgrounds and nature study grounds shall be permitted. The reduced lot size shall not be less than the following enrollment capacities.

Enrollment Capacity . . . . . . . . . . . Minimum Lot Size

1 to 75 . . . . . . . . . . . . . . . . . . . . . . 2 acres

75 or more . . . . . . . . . . . . . . . . . . . 3 acres + 1 acre/100 students

6.       Landscape Buffer Yard. Screening in the form of landscape buffer yard Standard A shall be applied along common property lines.

7.        Street Standard. Reduced lot size educational facilities may have driveway access on any street, except on a minor local street driveway access shall be permitted only if the institution is located on a corner lot.

8.        Community education facilities having a valid use and occupancy permit on the effective date of the ordinance codified in this code, and which cannot satisfy the locational or design standards of this section, may petition the board of zoning appeals as a special exception use under the provisions of Article III of this chapter.

A.   Community Education. 

1.    A site plan shall be prepared and submitted identifying and describing the overall development plan and use of individual lots which comprise the site as a whole, in accordance with Section 17.40.170 of this title.

2.    Site Location. Whenever possible, schools shall be located within walking distance (one-quarter mile) from other community facilities such as but not limited to community centers, parks, greenways, parks, schools, transit stops, and libraries.

3.    Landscaping.  Landscaping shall enhance and reinforce the residential character of the neighborhood and appropriately buffer any district alteration from adjacent properties. A landscaping buffer yard B shall be used along abutting property lines.

5.    Playground and Athletic Fields.  Playgrounds and athletic fields shall be located in areas that will ensure minimal impact to adjacent property.

6.    Street Standard. At a minimum, educational facilities shall access streets that function at the minimum street standards below:

1.    Elementary: any street; on minor local streets, driveway access shall be permitted only if the minor local street intersects an arterial or collector street within the same block;   

2.    Middle: collector street;

3.    High: collector street.

Sponsored by: Phil Ponder & Brenda Gilmore