ORDINANCE NO. BL2006-971

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 the minimum lot sizes permitted in zoning districts allowing multi-family housing, all of which is more particularly described herein (Proposal No 2006Z-015T).

WHEREAS, i t is desirable for the Metropolitan Government of Nashville and Davidson County to provide a range of homeownership opportunities throughout the County;

WHEREAS, increasing individual homeownership opportunities in zoning districts that permit multi-family housing can be accomplished by reducing minimum lot sizes to encourage "fee-simple" home ownership options;

WHEREAS, it is reasonable for the Metropolitan Government of Nashville and Davidson County to require sufficient on-site parking for new residential development.

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

SECTION 1. By amending Section 17.04.060.B "Definitions of general terms: General Terms" by adding "Cottage Development, Single-Family" to the list of general terms in alphabetical order, and defining it as follows:
Cottage Development, Single-Family. "Single Family Cottage Development" means a single-family residential development of four to ten dwelling units arranged on small lots on at least two sides of a common open space with frontage onto a street of sufficient width to allow direct pedestrian access to the street. Vehicular access is via an abutting alley or private drive.

SECTION 2. By amending Chapter 17.12 "District Bulk Standards" by adding Note 1 to Table 17.12.020.A as follows:

Note 1: For all zoning districts permitting multi-family uses, the rear and side setbacks for single-family cottage developments shall be a minimum of 3 feet.

SECTION 3. By amending Chapter 17.12 "District Bulk Standards by adding Note 5 to Table 17.12.030.B as follows:

Note 5: For attached housing developed under Section 17.12.110, the minimum street setback shall be three feet from the right-of-way line but shall not vary by more than 20 percent from the standards set in Section 17.12.030.C(3).

SECTION 4. By amending Chapter 17.12 "District Bulk Standards" by adding a new Table, Table 17.12.020.B.1 Minimum Lot Size and Setbacks for Attached Housing as follows:

Table 17.12.020.B.1
Minimum Lot Size and Setbacks for Attached Housing

Zoning District
Minimum Lot Area
(in sq. ft.)
Minimum Rear Setback
(in ft.)
Minimum Side Setback
(in ft.)
Maximum Height
RM2,RM4,
RM6, RM9
2,800
5
0 common wall
5 end unit
3 stories
RM15
1,800
5
0 common wall
5 end unit
3 stories
RM20, OR20, OR40, ORI, MUN, MUL, MUG, MUI, RM40,RM60
1,500
5
0 common wall
5 end unit
3 stories

SECTION 5. By amending Chapter 17.12 "District Bulk Standards" by adding a new section, Section 17.12.100 Single-Family Cottage Developments as follows:

Section 17.12.100 Single-Family Cottage Developments
In order to provide opportunities for individual ownership of small residential lots oriented onto a common open space, lots in cottage subdivisions shall be arranged subject to the following:

A. Applicability. Single-family cottage developments are permitted in all zoning districts that permit multi-family uses.

B. Density. Single-family cottage subdivisions shall be developed at a density consistent with the density requirements of the base zone district. Each individual single-family cottage development within a subdivision shall contain four to ten cottage units in small lots around a common open space.

C. Orientation. Cottage units shall be oriented to front, and have a main entry onto, the common open space. However, cottage lots abutting a street may front the street, but shall not have the rear of the unit facing the street. Cottage units fronting the street shall have a secondary entrance onto the common open space.

D. Bulk Standards. The following bulk standards shall apply:
1. Minimum lot sizes shall be waived. See Table 17.020.B.1 for other standards.
2. The common open space shall total at least 250 square feet per cottage unit, and shall have cottages abutting on at least two sides.
3. The common open space shall be accessible to all cottage units in the development.
4. Only one dwelling unit per lot shall be permitted.
5. The maximum building coverage, excluding covered porches, shall be 1,000 square feet.
6. The maximum height of a cottage shall be two stories.
7. Front, rear and side setbacks from the property lines shall be a minimum of three feet.
8. Cottage units abutting a public street shall meet the requirements of Table 17.12.030.A. Notwithstanding the base zoning district, cottage units abutting a public street within the UZO shall be subject to the contextual street setbacks specified in Section 17.12.035.
9. Where a proposed development cannot comply with the standards of this section, the Zoning Administrator may approve other standards provided that the intent of this section is met.

E. Parking Requirements. The requirements for the provision of parking for single-family cottage developments shall be as follows:
1. Parking shall be located on the cottage development property.
2. Parking shall meet the requirement for single-family residential units established in Table 17.20.030.
3. Parking shall be provided on each cottage lot, or in the form of shared parking cluster(s) in commonly owned space, or a combination of the two.
4. Parking clusters shall be no more than six adjoining spaces and shall not be visible from a public street. Parking shall be screened from adjacent residential uses by landscaping or architectural screening as specified in Section 17.24.150.B.
5. Parking shall not be permitted in an established front yard setback or required common open space.
6. Parking may be permitted between, or to the side of structures, only when it is setback a minimum of ten feet from the leading edge of the front façade of a cottage unit and is accessed by a side or rear alley, or a side or rear private driveway.
7. The Zoning Administrator may approve other methods for the provision of parking provided the intent of this section is met.

SECTION 6. By amending Chapter 17.12 "District Bulk Standards" by adding a new section, Section 17.12.110 Alternative Minimum Lot Size and Setbacks for Attached Housing as follows:

Section 17.12.110 Alternative Minimum Lot Size and Setbacks for Attached Housing
In order to provide opportunities for individual home ownership in all zoning districts that permit multi-family uses, lots in attached housing developments of at least three units may be arranged subject to all of the following:

A. Density. The attached housing shall be developed at a density consistent with the density requirements of the base zone district.

B. Bulk Standards. The following bulk standards shall apply:
1. The attached housing shall be developed at a Floor Area Ratio (FAR) consistent with the FAR of the base zone district.
2. Only one dwelling unit per lot shall be permitted.
3. The attached housing shall meet the standards contained in Table 17.12.020.B.1.
4. The minimum street setback shall be three feet from the right-of-way line but shall not vary by more than 20 percent from the standards set in Section 17.12.030.C(3).

C. Parking Requirements. The requirements for the provision of parking for attached housing shall be as follows:
1. Parking shall meet the requirements for multi-family residential units established in Table 17.20.030.
2. Parking shall be accessed by a side or rear alley or a side or rear private driveway and shall not be visible from the street. Parking shall be screened from adjacent residential uses by landscaping or architectural screening as specified in Section 17.24.150.B.
3. The Zoning Administrator may approve other methods for the provision of parking provided the intent of this section is met.

SECTION 7. 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: Diane Neighbors, Erik Cole, Sam Coleman

LEGISLATIVE HISTORY

Introduced: February 7, 2006
Passed First Reading: February 7, 2006
Referred to: Planning Commission - Approved 9-0
(January 26, 2006)
Planning & Zoning Committee
Passed Second Reading: March 7, 2006 
Passed Third Reading: March 21, 2006 
Approved: March 30, 2006 
By:  
Effective: April 1, 2006