An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to permit height and setback changes to be approved in the Urban Zoning Overlay District by special exception in lieu of a variance by the Board of Zoning Appeals (Proposal No. 2006Z-025T).

NOW, THEREFORE, BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1 By amending Tables 17.12.020 B "Multifamily, Mobile Homes, and Non-Residential Uses" and 17.12.020.C "Mixed-Use and Non-Residential Districts" of the Metropolitan Code by adding a "Note 6" as follows:

Note 6: Within the urban zoning overlay district, any development (excluding single-family and two-family) that is unable to meet the height and setback standards within this table may apply for a special exception as provided in Sections 17.12.035.A and 17.12.035.D.

SECTION 2 By amending Table 17.12.030.B "Street Setbacks for Multi-Family and Non-Residential Districts; and Non-Residential Uses in AG, AR2a, R and RS Districts" by adding a "Note 6" as follows:

Note 6: Within the urban zoning overlay district, any development (excluding single-family and two-family) that is unable to meet the setback standards within this table may apply for a special exception as provided in Sections 17.12.035.A and 17.12.035.D.

SECTION 3 By amending Section 17.12.035.A "Street Setbacks Within the Urban Zoning Overlay
District" by adding text as follows:

A. This section establishes street setbacks within the 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 17.12.030.A and 17.12.030.B whenever one or more of the conditions listed below applies (1 - 4). However, in all districts, a principal or accessory structure may be located closer to the street or property line than as permitted by this section or by Tables 17.12.020.B, 17.12.020.C, and 17.12.030.B based on the review and approval of a Special Exception by the Board of Zoning Appeals as provided in 17.12.035.D below.

SECTION 4 By amending Section 17.12.035.A "Street Setbacks Within the Urban Zoning Overlay
District" by adding a new subsection "D" as follows:

D. Special Setback Regulations for All Uses (Excluding Single-Family and Two-Family Dwellings) Within the Urban Zoning Overlay District

1. In all districts, a principal or accessory structure may be located closer to the street or property line than as permitted by this section or by Tables 17.12.020.B, 17.12.020.C, and 17.12.030.B based on the review and approval of a Special Exception by the Board of Zoning Appeals.
2. An applicant shall provide evidence to the board as provided in Section 17.12.060.F.3 that the proposed building setbacks shall not create an impact on adjacent properties.
3. The board shall consider a recommendation from the Historic Zoning Commission and Planning Commission as provided in Section 17.12.060.F.4.

SECTION 5 By amending Section 17.12.060 "Building Height Controls of the Zoning Code" by adding a new subsection "F" as follows:

F. Special Height Regulations for All Uses (Excluding Single-Family and Two-Family Dwellings) Within the Urban Zoning Overlay District

1. In all districts, a principal or accessory structure may exceed the maximum height at the setback line and/or penetrate the height control plane as shown in Tables 17.12.020.B and 17.12.020.C, based on the review and approval of a Special Exception by the Board of Zoning Appeals.

2. The top elevation of an accessory structure shall not exceed the top elevation of any principal building or structure located within the development.

3. An applicant shall provide evidence to the board that the proposed building height shall not create an impact on air, light, shadow, or wind velocity patterns due to the configuration of the building relative to the maximum permitted height standards (including height control plane) and its juxtaposition to, and with, existing structures in the vicinity, or approved, but not yet built structures. In addition, the applicant shall demonstrate that the proposed building height contributes to, and does not detract from, a strong pedestrian-friendly streetscape.

4. The board shall consider a recommendation from the Historic Zoning Commission, if the property is located within an historic overlay district, and a recommendation from the planning commission as provided in Section 17.40.300. The planning commission shall recommend on the proposed development's consistency with the goals, objectives and standards of any redevelopment district as well as the general plan, including any community, neighborhood or other design plan.

SECTION 6 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, Amanda McClendon

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2006-1047

Mr. President:

I move to amend Ordinance No. 2006-1047 by modifying as follows:

" Section 1: Delete footnote #6 as proposed for Tables 17.12.020.B and 17.12.020.C in its entirety and substitute in lieu thereof the following:
Note 6: Within the urban zoning overlay district, any proposed development that does not meet the setback standards within this table may apply for a special exception as provided for in Sections 17.12.035.A and 17.12.035.D.

" Section 2: Delete footnote #6 as proposed for Tables 17.12.030.B in its entirety and substitute in lieu thereof the following:
Note 6: Within the urban zoning overlay district, any proposed development that does not meet the setback standards within this table may apply for a special exception as provided in Sections 17.12.035.A and 17.12.035.D.

" Section 3: Delete Section 17.12.035.A , first paragraph, in its entirety and substituting in lieu thereof the following:
This section establishes street setbacks within the 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 17.12.030.A and 17.12.030.B whenever one or more of the conditions listed below applies (1 - 4). However, in all districts, a principal or accessory structure may be located closer to the street or property line than as permitted by this section or by Tables 17.12.020.B, 17.12.020.C, and 17.12.030.B based on the review and approval of a Special Exception by the Board of Zoning Appeals as provided in 17.12.035.D below.

" Section 4: Delete #2 under the new subsection "D" as proposed under Section 17.12.035.A in its entirety and substitute in lieu thereof the following:
2. An applicant shall provide evidence to the board as provided in Section 17.12.060.F.3 that the proposed building setbacks shall not create an adverse impact on adjacent properties nor detract from a strong pedestrian-friendly environment.

" Section 5: Delete #3 under the new subsection "F" as proposed under Section 17.12.035.A in its entirety and substitute in lieu thereof the following:
3. An applicant shall provide evidence to the board that the proposed building height shall not create an adverse impact on air, light, shadow, or wind velocity patterns due to the configuration of the building relative to the maximum permitted height standards (including height control plane) and its juxtaposition to, and with, existing structures in the vicinity, or approved, but not yet built structures. In addition, the applicant shall demonstrate that the proposed building height contributes to, and does not detract from, a strong pedestrian-friendly streetscape.

Sponsored by: J. B. Loring, Amanda McClendon

LEGISLATIVE HISTORY
Introduced:	April 4, 2006
Passed First Reading:	April 4, 2006
Referred to:	Planning Commission - Approved 9-0 (April 11, 2006) Planning & Zoning Committee
Passed Second Reading:	May 4, 2006
Amended:	May 16, 2006
Passed Third Reading:	May 16, 2006
Approved:	May 17, 2006
By:
Effective:	May 20, 2006