SUBSTITUTE ORDINANCE NO. BL2014-771

An Ordinance amending 17.36 and 17.40 of the Metropolitan Code pertaining to creating a contextual overlay district (Proposal No. 2014Z-010TX-001).

WHEREAS, the Planning Commission has approved the application of the Community Character Manual (CCM) within Nashville and Davidson County; and

WHEREAS, CCM evaluates the character of existing neighborhoods; and

WHEREAS, Neighborhoods need additional tools to maintain their character; and

WHEREAS, the contextual overlay requires development to be contextually sensitive.

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

Section 1. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.450 (Purpose and intent):

The contextual overlay district provides appropriate design standards for residential areas necessary to maintain and reinforce an established form or character of residential development in a particular area.
Section 2. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.460 (Overlay designation):

A contextual overlay district shall be created according to the procedures of Chapter 17.40, Article III and depicted as a geographical area on the official zoning map.
Section 3. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.470 (Design guidelines):

A. Street setback. The minimum required street setback shall be the average of the street setback of the two developed lots abutting each side of the lot. When one or more of the abutting lots is vacant, the next developed lot on the same block face shall be used. The minimum provided in 17.12.030A and the maximum provided in 17.12.030C.3 shall not apply. Where there is only one abutting lot on the same block face, it shall be used for this calculation. When the subject lot is on a corner, the minimum required street setback shall be calculated and met for each street.

B. Height.
1. The maximum height, including the foundation, of any primary structure shall not be greater than 35 feet or 125% of the average height of the principal structures on the two lots abutting each side of the lot, whichever is less. When one of the abutting lots is vacant, the next developed lot on the same block face shall be used. Where there is only one abutting lot on the same block face, it shall be used for this calculation. When the subject lot is on a corner, the maximum height shall be calculated for each street and limited to 35 feet or 125% of the average height of the lesser value. When 125% of the average of the abutting structures is less than 27 feet, a maximum height of 1.5 stories in 27 feet shall be permitted.
2. The maximum height, including the foundation, of any accessory structure shall not be greater than 27 feet.
3. For the purposes of this section, height shall be measured from grade or, if present, the top of a foundation which shall not exceed three feet above grade, to the roof line.

C. Maximum building coverage. The maximum building coverage (excluding detached garages and other accessory buildings) shall be a maximum of 150% of the average of the building coverage (excluding detached garages and other accessory buildings) of the two abutting lots on each side. When the abutting lot is vacant, the next developed lot shall be used. Where there is only one abutting lot on the same block face, it shall be used for this calculation. When the subject lot is on a corner, the maximum building coverage shall be calculated and met for each street.

D. Access and driveways, garages and parking areas.
1. Access and Driveways.
a. Where existing, access shall be from an improved alley. Where no improved alley exists, a driveway within the street setback may be permitted.
b. For a corner lot, the driveway shall be located within 30 feet of the rear property line.
c. Driveways are limited to one driveway ramp per public street frontage.
d. Parking, driveways and all other impervious surfaces in the required street setback shall not exceed twelve feet in width.
2. Garages.
a. Detached. The front of any detached garage shall be located behind the rear of the primary structure. The garage door of a detached garage may face the street.
b. Attached. The garage door shall face the side or rear property line.

Section 4. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.480 (Permitted land uses):

The range of land uses permitted within a contextual overlay district shall be those permitted by the underlying zoning district(s) as established by the zoning district land use table of Section 17.08.030.

Section 5. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.480 (Variation of conventional standards):

The contextual overlay district varies the conventional standards of the underlying zoning district(s) as established in Chapter 17.12, Sections 17.12.020 through 17.12.060; the parking, loading and access standards of Chapter 17.20; and the nonconforming lot area requirements of Section 17.40.670.

Section 6. That Chapter 17.36 of the Metropolitan Code is hereby amended by adding the following Section 17.36.480 (Contextual overlay district):

A. Application for a Contextual Overlay District. Lots included in a district must be contiguous and continuous throughout the residential portion of a complete block face(s).

B. Historic Overlay District. A contextual overlay shall not be applied in an adopted historic overlay district. Adoption of a historic overlay district shall supersede an adopted contextual overlay and only the requirements of the historic overlay district shall apply.

C. Planning Commission Recommendation. The planning commission shall review a proposed contextual overlay district application for conformance with the General Plan. The planning commission shall act to recommend approval, approval with conditions or disapproval of the application. Within ten working days of an action, the commission's resolution shall be transmitted in writing to the applicant, the metro clerk, the zoning administrator and all other appropriate governmental departments.

D. Council Consideration. The metropolitan council shall consider an ordinance establishing a contextual overlay district according to the procedures of Article III of this chapter (Amendments). All property owners within and proximate to a proposed contextual overlay district shall be notified according to the procedures of Article XV of this chapter.

E. Final Site Plan Approval. For property located within a contextual overlay district, a final site plan application shall be submitted for review and approval by the Zoning Administrator in a manner consistent with the procedures of Section 17.40.170A. The applicant is required to submit all necessary information to the Zoning Administrator and to certify the accuracy of the submitted information.

F. Modifications to Design Standards Not Permitted. Contextual Overlay Districts shall be adopted with the standards outlined in 17.36.470 (Design guidelines). Modifications to these standards shall not be permitted. Variance requests shall follow the process outlined in Chapter 17.40.

G. Changes to a Contextual Overlay District Boundary. A proposed change in the geographic boundary of a contextual overlay district on the official zoning map shall be considered by the council according to the procedures of Article III of this chapter (Amendments).

Section 7. Section 17.40.740.C.3 is hereby amended by deleting in its entirety and replacing with the following:

Applying the urban design overlay district, historic preservation district, neighborhood conservation district, urban zoning overlay district, or contextual overlay district as provided in Chapter 17.36

Section 8. 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: Walter Hunt, Anthony Davis

LEGISLATIVE HISTORY
Introduced:	May 6, 2014
Passed First Reading:	May 6, 2014
Referred to:	Planning Commission - Approved 7-0 (April 10, 2014) Planning & Zoning Committee
Deferred to July 1, 2014:	June 3, 2014
Deferred to August 5, 2014:	July 1, 2014
Passed Second Reading:	August 5, 2014
Substitute Introduced:	August 19, 2014
Passed Third Reading:	August 19, 2014 - Roll Call Vote
Approved:	August 20, 2014
By:
Effective:	August 22, 2014