An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, by adding provisions for accessory dwelling units in certain residential districts subject to the Urban Zoning Overlay District (2001Z-002T), 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.

Sponsored By: John Summers, Howard Gentry

EXHIBIT A

Accessory Dwellings

· By amending Section 17.04.060.B (Definitions of General Terms) to add the following definition for "Accessory Dwelling" in alphabetical order:

"Accessory dwelling" means a dwelling unit, either attached to or detached from a single-family residence, the principal dwelling unit on a lot. The dwelling shall be clearly subordinate in size, height, and purpose to the principal dwelling, it shall be located on the same lot as the principal dwelling, but may be served by separate utility meter(s) and need not be provided internal access to the principal dwelling.
· By amending Section 17.08.030 (District land use tables - Residential Uses), to add a new entry after "Accessory apartment" as follows:

· By amending Section 17.16.030.A (Uses Permitted with Conditions: Residential Uses) in alphabetical order as follows:
A. Accessory dwelling. An attached or detached self-sufficient dwelling unit shall be allowed accessory to a single-family residence if the following conditions are met:
1. The lot is within an Urban Zoning Overlay (UZO) district.
2. The principal dwelling on the lot shall be an owner-occupied, single-family detached dwelling, that meets all regulations of the district;
3. A detached accessory dwelling may only be located in the established rear yard.
4. No more than one accessory dwelling shall be permitted on a single deeded lot in conjunction with the principal dwelling unit.
5. The accessory dwelling shall not be served by a separate driveway unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from a street.
6. The accessory dwelling shall be owned by the same person as the principal dwelling.
7. A detached accessory dwelling shall not exceed 650 square feet or 50% of the first floor area of the principal dwelling, whichever is greater. The accessory height shall not exceed the height of the principal dwelling as measured to the eave line.
8. The accessory dwelling may be constructed attached or above a garage, workshop, studio or other accessory structure subject to, and consistent with, the provisions of Section 17.16.250.C (Home Occupation).
9. An instrument shall be recorded with the register's office covenanting that the dwelling unit is being established accessory to a principal single-family residence and may only be used under the conditions listed above.