ORDINANCE NO. BL2008-115

ORDINANCE NO. BL2008-115

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.04.060 to modify the definition of “two-family” structure to include two detached dwelling units, all of which is more particularly described herein (Proposal No. 2006Z-022T).

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending section 17.04.060.B. by amending the definition of “Two-family” by adding the following provision at the end thereof:

“, or two detached dwelling units separated by at least ten feet, provided that the distance can be less than ten feet if the facing walls on both units are rated according to the Standard Building Code as adopted by the Metropolitan Government pursuant to Chapter 16.08 of the Metropolitan Code of Laws.”

Section 2. That this Ordinance shall take effect five (5) days from and 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: Charlie Tygard

Amendment No. 1
To
Ordinance No. BL2008-115

Madam President:

I move to amend Ordinance No. BL2008-115 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending section 17.04.060.B. by deleting the definition of “Two-family” in its entirety and substituting in lieu thereof the following new definition:

"Two-family" means:
1. Two attached dwelling units forming a single structure connected by not less than eight feet of continuous floor, roof and walls; or
2. Two detached dwelling units separated by at least ten feet, provided that the distance can be less than ten feet if the facing walls on both units are rated according to the Standard Building Code as adopted by the Metropolitan Government pursuant to Chapter 16.08 of the Metropolitan Code of Laws. Notwithstanding the foregoing, two detached dwelling units within a historic zoning overlay district shall not be considered a two-family structure.

Sponsored by: Charlie Tygard

Amendment No. 2
To
Ordinance No. BL2008-115

Madam President:

I move to amend Ordinance No. BL2008-115 as follows:

1. By repealing Amendment No. 1 in its entirety.

2. By deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

"Two-family" means:
1. Two attached dwelling units forming a single structure connected by not less than eight feet of continuous floor, roof and walls; or
2. Two detached dwelling units separated by at least ten feet. Notwithstanding the foregoing, two detached dwelling units within a historic zoning overlay district shall not be permitted, and two detached dwelling units within the urban zoning overlay shall not be permitted unless the current use is legally non-conforming in an RS zoning district within the urban zoning overlay, but not within a historic zoning overlay. When two detached dwelling units are constructed on a single lot within the R zoning district, such lot may only be subdivided if the resulting lots are limited to single family use.

Sponsored by: Jason Holleman, Charlie Tygard

LEGISLATIVE HISTORY
Introduced:	January 15, 2008
Passed First Reading:	January 15, 2008
Referred to:	Planning Commission - Approved 7-0 (February 14, 2008) Planning & Zoning Committee
Passed Second Reading:	March 4, 2008
Amended:	March 18, 2008
Deferred:	March 18, 2008
Amended:	April 1, 2008
Passed Third Reading:	April 1, 2008
Approved:	April 9, 2008
By:
Effective:	April 11, 2008