SUBSTITUTE ORDINANCE BL2017-899

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, pertaining to parking requirements for certain types of uses and elderly housing (Proposal No. 2017Z-020TX-001).

WHEREAS, the Metropolitan Government, through Chapter 17.20 of the Zoning Code, establishes standards for vehicle parking, loading, and access to provide for reasonable utilization of land without creating adverse impacts on abutting properties or the community as a whole; and

WHEREAS, Table 17.20.030 of the Zoning Code establishes the number of parking spaces required for each land use classification contained in the Zoning Code; and

WHEREAS, research by transportation industry professionals has demonstrated that housing for the elderly generates a parking demand that is significantly lower than conventional multifamily housing; and

WHEREAS, reducing parking requirements for the development of housing for Nashville’s elderly citizens will allow for more affordable senior housing options.

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

Section 1. That Section 17.04.060 B. of the Zoning Code is hereby amended by adding a definition for “Elderly Housing”, as follows:

“Elderly Housing” means Multi-family housing that is restricted to occupation by an “Elderly Person” as defined by 24 CFR 891.205, or “Elderly Family” as defined by 24 CFR 891.505. Elderly Housing shall be subject to the same requirements under this Zoning Code as Multi-family housing, except where a specific standard or requirement is otherwise provided. Elderly Housing shall include one or more of the following:

1.  A recorded Declaration of Land Use Restrictive Covenants for Low-Income Housing Tax Credits for the benefit of the Tennessee Housing Development Agency that restricts the housing to occupancy only by an Elderly Person or Elderly Family;

2.  A recorded Declaration of Land Use Restrictive Covenants for the benefit of the Metropolitan Development and Housing Agency that restricts the housing to occupancy only by an Elderly Person or Elderly Family;

3.  A recorded Use Agreement between the owner of the property and the U.S. Department of Housing and Urban Development pursuant to Section 202 of the Housing Act of 1949 (12 U.S.C. 1701q), as amended; or

4.  Documentary proof that the property has received an exemption from property taxes pursuant to Tenn. Code Ann. § 67-5-207.

Section 2. That table 17.08.030 of the Zoning Code is hereby amended by inserting a new row under Residential: Multi-Family, as follows:

Section 23. That Table 17.20.030 of the Zoning Code is hereby amended by adding a new row under “Residential Land Uses” following the Land Use and Minimum Parking Spaces for Multifamily, as follows:

Section 34. 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: Burkley Allen, Angie Henderson

LEGISLATIVE HISTORY
Introduced:	September 5, 2017
Passed First Reading:	September 5, 2017
Referred to:	Planning Commission Planning, Zoning, & Historical Committee
Public Hearing Scheduled For:	October 3, 2017
Passed Second Reading:	October 3, 2017
Substitute Introduced:	October 17, 2017
Passed Third Reading:	October 17, 2017
Approved:	October 19, 2017
By:
Effective:	October 27, 2017