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, by eliminating a floor area ratio for multi-family developments in the OR20 and OR40 zoning districts; 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 development and establishment of zoning fees (2000Z-031T, 2000Z-033T, 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

Multi-Family Development: OR20 and OR40 Districts

· By amending Section 17.12.020 (District bulk tables), specifically, Table 17.12.020B: Multi-Family, Mobile Homes, and Non-Residential Uses, by adding the OR20 and OR40 districts to "Note 2" that appears at the bottom of the table as follows:

Note 2: No maximum FAR applies to multifamily developments in the RM15, RM20, RM40, or RM60, OR20, or OR40 districts.

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:

A. 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:

B. 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.

Zoning Fees

· By amending Sections 17.40.750, 17.40.760, and 17.40.770 to clarify that the Zoning Administrator, Planning Commission, and Board of Zoning Appeals may develop for the Council's consideration fee schedules as follows:

Section 17.40.750 Fees established by the zoning administrator.
The zoning administrator may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of final site plan applications for properties not subject to approval by the planning commission, and for all other permits reviewed under the jurisdiction of the zoning administrator.

Section 17.40.760 Fees established by the planning commission.
The planning commission may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

A. A change in zoning district classification on the official zoning map;
B. A change in the text of the Zoning Regulations;
B. Applying, canceling or modifying a planned unit development (PUD) or an overlay district; urban design overlay, institutional overlay or adult entertainment overlay district;
C. A final site plan;
D. The noticing by mail, advertising in a newspaper of general circulation, and posting signs for a public hearing deferred by the planning commission or the metropolitan council; and,
E. A mandatory referral for an encroachment of the public right-of-way, a street name change, or the abandonment of a public street, alley or easement.

Section 17.40.770 Fees established by the board of zoning appeals.
The board of zoning appeals may develop for metropolitan council consideration establish fee schedules appropriate to partially or totally defray costs associated with the processing and review of the following types of applications:

A. A variance to a provision of this title;
B. A special exception use;
C. A change to a nonconforming use or structure;
E. Any other application in which the board is required or requested to act.

Sponsored By: Phil Ponder

LEGISLATIVE HISTORY
Introduced:	April 3, 2001
Passed First Reading:	April 3, 2001
Referred to:	Planning Commission - Approved (2000Z-031T & 2000Z-033T) 8-0 (11/30/00) Approved (2000Z-037T) 7-0 (12/7/00) Planning & Zoning Committee
Passed Second Reading:	May 1, 2001
Passed Third Reading:	May 15, 2001
Approved:	May 16, 2001
By:
Effective Date:	May 23, 2001