ORDINANCE NO. BL2011-26

An ordinance to amend Table 17.12.020.D and Section 17.12.030 of the Metropolitan Zoning Code by adopting procedures for the measurement of street setbacks for local streets and the measurement of street setbacks within Urban Design Overlay Districts
(Proposal No. 2011Z-012TX-001).

WHEREAS the Metropolitan Planning Commission has recently adopted the 2011 update to the Major and Collector Street Plan (MCSP),

WHEREAS the Metropolitan Zoning Code was updated by Ordinance No. BL2077-897 to include MCSP established terminology associated with street designations to achieve Complete Streets, and the new street setbacks for multi-family and non-residential districts and uses regulated by street designations of the MCSP,

WHEREAS Ordinance No. BL2077-897 inadvertently omitted procedures for the measurement of setbacks on local streets as well as procedures for the measurement of collector and arterial street setbacks within Urban Design Overlay Districts, and

WHEREAS the proposed correction of these omissions will not change the current procedure for measuring setbacks on local streets and the proposed correction will ensure that the measurement of collector and arterial street setbacks within Urban Design Overlay Districts allows for appropriately scaled and designed streets and sidewalks.

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

Section 1. Table 17.12.020.D Alternative Zoning District is hereby amended by deleting in note 4.a. -the words, “the table entitled ‘Standard Street Right-of-Way Widths in”

Section 2. Section 17.12.030 (Street Setbacks) is hereby amended by deleting subsection “A” in its entirety and inserting the following:

A. Measurement:
1. For single and two-family lots the street setback or build-to line shall be measured from the street right-of-way line.
2. For multi-family and non-residential districts and non-residential uses in the R, RS, AR2a and AG districts the minimum street setback or build-to line shall be measured from the Standard right-of-way line as established by the Major and Collector Street Plan or a Standard right-of-way of 60 feet for all local streets.
3. Build-to lines or setbacks within adopted Urban Design Overlay Districts shall be measured from the Standard right-of-way line as established by the Major and Collector Street Plan or a Standard Street Right-of-way of 60 feet for local streets.

Section 3. 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: Phil Claiborne