An ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District), all of which is more particularly described herein (Proposal No. 2002Z-012T).

WHEREAS, to encourage new development and design that is in scale with existing development or future urban design plans for an area;

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 more specifically described herein; as follows:

· …amend Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District) by modifying the text as follows and by deleting Figure 17.12.035.A.4 and inserting a new figure:

A. Street Setbacks.
Regardless of the minimum street setback requirements described in Tables 17.12.030.A or 17.12.030.B,

1. Neighboring lots. In a mixed use, office, industrial, RM20, RM40, RM60 or commercial zone district, 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 as close as the edge of the right-of-way and shall not be constructed further from the street than the leading edge of the front facade of the principal building on an abutting mixed use, office, industrial, RM40, RM60, or commercial zoned lot that is furthest from the street.

2. Block character. In an R, RS, RM2, RM4, RM6, RM9, or RM15 district, iIf two-thirds (2/3) or more of the principal buildings along a block face do not meet the minimum street setback requirements in Tables 17.12.030.A or 17.12.030.B, then new principal buildings constructed along such block face shall be constructed no closer to the street than the leading edge of 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 leading edge of 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.

In a mixed use, office, industrial, RM20, RM40, RM60 or commercial zone district, 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 17.12.030.A or 17.12.030.B, then new principal buildings constructed along such block face may be constructed as close as the edge of the right-of-way and shall be constructed no further from the street than the leading edge of 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, office, industrial, RM20, RM40, RM60 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 17.12.030.B 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, office, industrial, RM20, RM40, RM60 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 mixed use, office, industrial, RM20, RM40, RM60, or commercial zoned corner lots facing the same intersection may be located equally close to either street frontage as close as the edges of both rights-of-way. In this situation, Nno building facade shall be set back further from the fronting street than the leading edge of the corresponding facade of the any existing building on the other corner lots. 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 leading edge of the closest corresponding facade on the other existing buildings (See Figure 17.12.035.A.4).

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., for lots that are 60 feet wide or greater, the front façade of the building shall extend across 25% of the lot frontage or be 25 feet in width, whichever is greater. For lots that are less than 60 feet wide, the building shall extend across the full width of the lot unless a driveway is required to access required parking. If a driveway is required to access required parking, an opening of up to 24 feet wide shall be permitted. Parking shall be permitted only at the sides and rears of buildings, and at the front of the building to the extent shown in Figure 17.12.035. A primary entrance to the building shall be located at the front setback line. The front facade may have projections and recesses to accommodate columns, entrances, covered patios, and similar features.

B. Petitions for Mandatory Reductions of Street Setbacks.

1. Block fFace. The owners of two thirds (2/3) or more of the property that is zoned mixed use, office, industrial, RM20, RM40, RM60 or commercial 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 leading edge of the front facade of the principal building on an immediately abutting mixed use, office, industrial, RM20, RM40, RM60, or commercial zoned 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.

ii. The leading edge of the front façade of a principal building on an immediately abutting mixed use, office, industrial, RM20, RM40, RM60, or commercial zoned lot that is furthest from the street, when there are two immediately abutting lots facing the same street.

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., for lots that are 60 feet wide or greater, the front façade of the building shall extend across 25% of the lot frontage or be 25 feet in width, whichever is greater. For lots that are less than 60 feet wide, the building shall extend across the full width of the lot unless a driveway is required to access required parking. If a driveway is required to access required parking, an opening of up to 24 feet wide shall be permitted. Parking shall be permitted only at the sides and rears of buildings, and at the front of the building to the extent shown in Figure 17.12.035. A primary entrance to the building shall be located at the front setback line. The front facade may have projections and recesses to accommodate columns, entrances, covered patios, and similar features.

2. Adopted plan. The metropolitan planning department may petition the metropolitan council to adopt an ordinance and any future amendments to it, in accordance with Section 17.40.060, 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.

Figure 17.12.035

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: John Summers

LEGISLATIVE HISTORY
Introduced:	April 2, 2002
Passed First Reading:	April 2, 2002
Referred to:	Planning Commission - Approved 9-0 (3/28/02) Planning & Zoning Committee
Passed Second Reading:	May 9, 2002
Deferred:	May 21, 2002
Passed Third Reading:	June 4, 2002
Approved:	June 6, 2002
By: