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 amending Section 17.04.060 (Definition of general terms) and Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District), all of which is more particularly described herein.

WHEREAS, to ensure that new development and design is consistent with the placement characteristics of buildings established by the pattern of development prior to 1950 within the urban zoning overlay district or consistent with an adopted urban design plan, planned unit development plan or redevelopment plan for future development;

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 herein; as follows:

…add the following definitions to Section 17.04.060 (Definition of general terms):

“Building type” means a classification of buildings by function, disposition and configuration that provides the norm against which variations are assessed and classified. Buildings shall be classified as residential, commercial, industrial, civic, or support.

“Civic Building” means any building designed and constructed for community use or benefit by governmental, cultural, educational, public welfare, religious or transportation organizations.

…delete Section 17.12.035 (Contextual Street Setbacks Within the Urban Zoning Overlay District) in its entirety and substitute the following:

Section 17.12.035 Street setbacks within the urban zoning overlay district.

This section establishes street setbacks within mixed use, office, industrial, RM20, RM40 RM60 or commercial zone districts for any property located within the urban zoning overlay district regardless of the minimum street setback requirements described in Tables 17.12.030A and 17.12.030B whenever one or more of the conditions listed below applies:

1. The setback of a principal building, fronting the same street, that is located on an abutting lot or a lot separated by an intervening public street or alley does not meet the minimum requirements of Tables 17.12.030A or 17.12.030B, or
2. In the case of a corner lot, the setback of a principal building located on any other corner lot at the same street intersection does not meet the minimum requirements of Tables 17.12.030A or 17.12.030B, or
3. In the case of a corner lot, there is no principal building located on any other corner lot at the same street intersection, or
4. Two thirds or more of the principal buildings located along the same or opposite block face do not meet the minimum requirements of Tables 17.12.030A or 17.12.030B, or
5. The owner of one or more contiguous lots that collectively include at least one corner lot and at least fifty percent or more of the street frontage along either block face furnishes the zoning administrator a written request to use the contextual street setback requirements.

A. The determination of the appropriate street setbacks within mixed use, office, industrial, RM20, RM40 RM60 or commercial zone districts located within the urban zoning overlay district shall be made by following the criteria as outlined in subsection B. For the purposes of this section, lots that are 60 feet wide or greater shall have the front façade of the building extend across at least 25% of the lot frontage or be at least 25 feet in width, whichever is greater. Lots that are less than 60 feet wide shall have the building extend across the full width of the lot in mixed use and commercial districts unless a driveway is required to access required parking, except that one or two family dwellings may have side yards a minimum of 3 feet in width. If a driveway is needed for service to accessory parking, an opening of up to 26 feet wide shall be permitted. Parking shall be permitted only at the sides and rears of buildings, and at the fronts of the buildings 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 façade may have projections and recesses to accommodate columns, entrances, covered patios, and similar features.

B. The following criteria shall be used to determine the street setback, as applicable:

1. If the site is within a zoning overlay district, redevelopment district or an area having a design plan adopted by Metropolitan Council that includes a master plan or design guidelines for the placement of buildings at this location such guidelines shall apply.
2. If the site is not within an area having an adopted design plan, master plan or design guidelines and the building types and setbacks of existing buildings are characteristic of development under a different zoning district than what the property is currently zoned and that implementation of the current zoning will change the development character within the district (e.g. the existing development is one or two family dwellings and the zoning is for multi-family dwellings), then the setbacks from Section 17.12.030 (Street Setbacks) shall apply.
3. If neither subsection B1 nor B2 applies, then the site shall comply with these contextual setback provisions. Setbacks shall be determined as follows:
Use of buildings and site features as context:
a. Consistency with like building type. Lots with buildings of the same building type as proposed are to be used as the contextual basis for street setbacks. Lots with buildings of a different building type are not to be used as the contextual basis for street setbacks unless it can be demonstrated that the pattern of setbacks for both building types is fundamentally the same within a radius of 500 feet. Civic buildings are not to be used as the contextual basis for street setbacks of non-civic buildings. Likewise, non-civic buildings are not to be used as the contextual basis for civic buildings.
b. The determination of the appropriate street setback may take into account the presence of recorded easements or utility obstructions that prevent meeting any of the criteria above.
Contextual criteria:
a. Street setbacks shall be consistent with the predominant pattern of street setbacks of pre-1950 buildings (built before 1950) located within a distance of three lot widths along both sides of the same or intersecting street frontages, as applicable. If the predominant pattern is consistent with the setback requirements of the base zoning district, then Table 17.12.030A or Table 17.12.030B shall apply as applicable.
b. If the lot is a corner lot, street setbacks shall be consistent with the street setbacks of any pre-1950 building that previously occupied the same corner lot. If that information is not available, street setbacks shall be consistent with the street setbacks of any pre-1950 building located on any of the other corner lots at the same intersection.
c. If there are no pre-1950 buildings located on adjacent or nearby lots, street setbacks shall be consistent with the pattern of street setbacks shown at that location on record maps dating from 1950 or earlier.

Sponsored by: J. B. Loring, John Summers, Ginger Hausser

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LEGISLATIVE HISTORY
Introduced:	April 6, 2004
Passed First Reading:	April 6, 2004
Referred to:	Planning Commission – Approved 8-0 (April 8, 2004) Planning & Zoning Committee
Deferred Indefinitely:	May 4, 2004
Substitute Introduced:	June 1, 2004
Passed Second Reading:	June 1, 2004
Passed Third Reading:	June 15, 2004
Approved:	June 16, 2004
By:
Effective:	June 18, 2004