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, relative to facilitating the appropriate placement and design of two-family dwelling units, all of which is more particularly described herein (Proposal No 2004Z-020T).

WHEREAS, the over-concentration and inappropriate design of two-family dwelling units is economically disadvantageous to the residents of both the two-family units and surrounding single-family units;

WHEREAS, it is necessary for Nashville/Davidson County to provide two-family dwelling units within the county’s housing stock to maintain a healthy mix of housing options for residents of all ages and incomes;

NOW, THEREFORE, BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. By amending Section 17.08.020B “Zoning districts described: Residential Districts” by deleting 17.08.020B 2 (“One and Two-Family (R) Districts”) in its entirety and inserting
2. One and Two-Family (R) Districts. The R districts are intended for established residential subdivisions where the pattern of development contains both one-and two-family structures and where maintaining a mixture of housing types is desirable. These districts may also be applied to establish new residential subdivisions with single- and two-family character in developing areas at densities recommended in the general plan where this mix of structures is desirable. A low to moderate proportion of two-family structures in a non-concentrated development pattern is desirable and intended in these districts.

SECTION 2. A. By amending Section 17.12.020A “District Bulk Tables: Single-Family and Two-Family Dwellings” by adding “See Note 1” after the square footage figures in column two “Minimum lot area” in the rows that apply to the R15, R10, R8, and R6 districts.
B. By amending Section 17.12.020A “District Bulk Tables: Single-Family and Two-Family Dwellings” by adding the following at the end of Table 17.12.020A
Note 1: The minimum lot area for two-family dwellings in the R15, R10, R8 and R6 zoning districts shall be at least 120 percent of the lot size required for a one-family structure. The 120 percent lot size requirement for a two-family structure shall not apply to any lot that was legally platted prior to the effective date of this ordinance and that is recorded in the office of the county register.

SECTION 3. A. By amending Section 17.12.030A “Street Setbacks: Street Setbacks for Single and Two-Family Structures” by renumbering, in the heading for column 3 (which reads “All Other Streets”) the footnote reference from “(2)” to “(1)”.
B. By amending Section 17.12.030A “Street Setbacks: Street Setbacks for Single and Two-Family Structures” by deleting footnote “(1)” and renumbering footnote “(2)” as footnote “(1)”.

SECTION 4. By amending Chapter 17.16 “Land Use Development Standards,” Article II “Uses Permitted with Conditions (PC),” Section 17.16.030D “Residential Uses: Two-Family Dwellings” by deleting Section D in its entirety and replacing it with the following:
D. Two-Family Dwellings. In the AG, AR2a, R80, R40, R30, R20, R15, R10, R8 and R6 districts, two-family dwellings in a single residential structure shall be permitted on any lot that meets the following conditions.

1. Eligibility of a lot for a two-family structure. A lot shall meet the requirements of either item (a), (b), (c), (d) or (e) below to be eligible for the construction of a two-family structure.

(a) The lot is designated as a "two-family structure" or “duplex” lot in a subdivision plat that was approved by the Metropolitan Planning Commission between August 15, 1984 and the effective date of this ordinance, and it is recorded in the office of the county register.

(b) The lot is part of a planned unit development or urban design overlay as enacted by the Metropolitan Council that authorizes said lot for a two-family structure.

(c) The lot is legally created and it was recorded in the office of the county register either prior to August 1, 1984 (when zero lot line subdivisions were no longer permitted in Davidson County) or after the effective date of this ordinance, and it meets the provisions of either i or ii and iii and iv below. [This item applies to lots that do not contain a two-family structure and it applies equally to lots that have never contained a two-family structure and those that may have at some time in the past.]

i. It is a corner lot at the intersection of two public streets.
ii. It is a non-corner lot and a two-family structure on it will not cause the number of non-corner lots with, or authorized for, two-family structures along the same block face, to exceed a maximum of three (3) two-family structures or 20 percent of the total non-corner lots on that block face, whichever is less. For purposes of this provision, the maximum number of non-corner lots on the same block face eligible for two-family structures shall be the whole number computed by multiplying the total number of non-corner lots on the block face by 0.20 and eliminating any and all fractions of a lot calculated. No non-corner lot shall be eligible for a two-family structure on the same block face with four or fewer non-corner lots. For the purpose of computing the number of non-corner lots along the same block face that currently have, or are authorized to have, a two-family structure, the computation shall include any and all lots.
iii. In no case shall there be more than a maximum of four (4) two-family structures on the same, complete block face (including corner lots).
iv. Two-family structures may not be placed on contiguous lots.

(d) The lot contained a legal two-family structure on and after the effective date of this ordinance that was involuntarily caused to be destroyed or damaged beyond 50 percent of its replacement value, provided a building permit for the replacement of the damaged or destroyed structure is issued within one year of the date of the damage or destruction.

(e) The lot contains a legal two-family structure that is proposed to be demolished and replaced with a new two-family structure, provided a building permit for the new two-family structure is issued within one year of the date on which the permit for the demolition of the existing structure is issued.

2. Design of Two-Family Structures. All two-family dwellings as permitted above in subsections 1 (a), (c), (d) and (e) shall be designed with the following building design standards in (a), (b) and (c) below. For two-family dwellings permitted above in subsection 1 (b), the building design standards below are to be applied only to the extent that they are not in conflict with any conditions in the planned unit development or urban design overlay approved by Metro Council:

(a) Two-family structures on corner lots shall meet the following design standards.

i. if more than one entrance to the structure is proposed, they shall face different streets,
ii. if more than one driveway to the structure is proposed, they shall face different streets, and
iii. if one or more garages are proposed for the structure and they are proposed to face the street, they shall face different streets and they shall be recessed from the front façade of the principal structures a minimum or 5 ft.

(b) Two-family structures on non-corner lots shall meet the following design standards.

i. if more than one entrance to the structure is proposed, only one entrance shall be visible from the street, the other entrance shall be concealed from view from the street,
ii. the lot shall have only one curb cut, and
iii. if one or more garages are proposed for the structure and they are proposed to face the street, they shall be recessed from the front façade of the principal structure at a minimum of 5 ft.

(c) Driveway access to the street shall not be permitted for any lot served by an improved alley or rear lane, unless greater than 50% of the lots along the same block face have driveway access to the street.

SECTION 4. 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: J. B. Loring, Adam Dread