An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District) and Table 17.12.030B (Street Setbacks for Multi-Family and Non-Residential Districts; and Non-Residential Uses in AG, AR2a, R and RS Districts), by clarifying where a structure can be located in relation to the public right-of-way (Proposal No. 2001Z-011T), 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 by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of said Title 17 by reference, as follows:

Section 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 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.

Table 17.12.030B
STREET SETBACKS FOR MULTI-FAMILY AND NON-RESIDENTIAL
DISTRICTS; AND NON-RESIDENTIAL USES IN AG, AR2a, R AND RS DISTRICTS

Note 1: Properties abutting a street designated as a scenic arterial by the major street plan shall comply with the provisions of Section 17.24.070.
Note 2: In no event shall any street setback provisions 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 note.
Note 2 3: No street setbacks shall be required in the CC and,CF, and MUI districts., or in the MUI district for properties located within the downtown area as bounded by the I-24/I-40/I-65 interstate loop.
Note 4: U=Urban Arterial, S=Scenic Arterial, OW=One Way Arterial (e.g., U2=two-lane urban arterial and S4=four- lane scenic arterial).

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, Leo Waters

LEGISLATIVE HISTORY
Introduced:	October 2, 2001
Passed First Reading:	October 2, 2001
Referred to:	Planning Commission - Approved 8-0 (10/25/01) Planning & Zoning Committee
Passed Second Reading:	November 6, 2001
Passed Third Reading:	November 20, 2001
Approved:	November 21, 2001
By:
Effective Date:	November 28, 2001