§ 17.16.030. Residential uses.

(Refer to zoning district land use table)

A.

Consignment Sale. A consignment sale shall be permitted provided the following conditions are met:

1.

Consignment sale must be held or conducted in or upon real property, and must be accessory to the principal use of the land.

2.

Lot Area. A minimum lot size of three acres shall be required for any consignment sale.

3.

Within any calendar year, a maximum of two consignment sale events shall occur per lot. An event is defined as a consignment sale that may occur for one day, two days and at most three days per an event.

4.

Parking. Adequate off-street parking shall be provided to reduce traffic congestion and the blocking of driveways to other private or public properties.

5.

An auction of a decedent's personal estate and/or real property conducted by a licensed auctioneer shall not be counted as a consignment sale.

B.

Mobile Home Dwelling. In the mobile home park (MHP) zone district, the following supplemental development standards shall apply.

1.

Minimum size of park: Two acres under single ownership.

2.

Maximum density: Nine homes per acre.

3.

Landscape Buffer Yard. Where the perimeter of a mobile home park development abuts an R/R-A or RS/RS-A zone district, a minimum of landscape buffer yard Standard B-3 (fifteen feet) shall be applied, and where the development abuts a public street the minimum width of the buffer yard shall be C-2 (thirty feet).

4.

Open Space. A minimum of ten percent of the total land area within the MHP, excluding roadways, drives, off-street parking areas and required setbacks, shall be designated as open space.

5.

Mobile Home Park. Mobile home dwellings shall be permitted in a mobile home park on a two acre minimum tract under single ownership provided:

a.

Minimum lot area: Four thousand square feet per each individual lot or lease plot.

b.

Minimum lot width: Minimum of forty feet.

c.

Setbacks:

1.

Public/private street or private drive: Minimum of twenty feet.

2.

Rear property or lease line: Minimum of ten feet.

3.

Side property or lease line: Minimum of ten feet.

d.

Maximum height of any structure within the MHP: Thirty feet.

e.

Maximum floor area ratio (non-residential): .60.

f.

Maximum impervious surface ratio: .70.

g.

Street Standard. The mobile home park shall have direct access to an abutting improved public street designated or proposed as an arterial or collector street on the Major Street Plan. At a minimum, access and circulation within the park shall be provided by a paved driveway with a minimum width of twenty-four feet, permanently maintained by the landowner through conveyance of a private easement on a recorded property plat. If the paved driveway has visitor parking along it, the minimum pavement width of the driveway shall be increased to twenty-seven feet.

h.

Sidewalk. A sidewalk with a minimum width of four feet shall be provided along one side of all private drives within the MHP.

i.

Tenant Storage. A minimum of ninety cubic feet of enclosed tenant storage space shall be provided. The skirting of the undercarriage shall not be used for purposes of required tenant storage space.

j.

Skirting of Undercarriage. Each mobile home unit's frame, axles, wheels, crawl space storage area, and utility connection shall be concealed from view through use of durable all-weather materials manufactured specifically for the purpose of covering the undercarriage area of the unit.

6.

Board of Health Approval. A mobile home park development shall be reviewed and approved by the director of the metropolitan board of health in accordance with Chapter 10.40 of the Metropolitan Code of Laws and the rules and regulations promulgated by the metropolitan health department.

C.

Security Residence. A residence shall be permitted provided the following conditions are met:

1.

The residence is occupied by a security guard, the business owner or member of the owner's immediate family defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle;

2.

The residence must be accessory to the principal use of the land and either located directly above the business or within the same building as the business;

3.

The residence may not be rented;

4.

The residence must provide the required parking per Article II of Chapter 17.20;

5.

Only one residence is permitted on the property;

6.

No entrance to the residential unit, which would be visible from the street, may be added solely for the purpose of providing direct outside access to the street;

7.

An instrument shall be recorded with the register's office covenanting that the residence is being established as an accessory use and may only be used under the conditions listed above.

D.

Two-Family Dwellings. In the AG, AR2a, R80, R40, R30, R20, R15, R10, R8 and R8-A, and R6 and R6-A districts, two-family dwellings may be permitted on any lot provided:

1.

The lot is legally created and is of record in the office of the county register prior to August 1, 1984;

2.

The lot is created by the subdivision of a parcel of land in existence prior to August 1, 1984 into no more than three lots; or

3.

The lot is part of a subdivision having preliminary approval by the metropolitan planning commission on or before August 15, 1984, and having commenced any substantial site development or infrastructure improvements, such as utilities and streets, and a portion of such subdivision is recorded in the office of the county register prior to April 1, 1985; or

4.

The following:

a.

The lot is part of a subdivision,

b.

The subdivision has been approved by the metropolitan planning commission, and

c.

The total number of lots permitting two-family dwellings within the subdivision shall be limited to not more than twenty-five percent of the total number of lots within the subdivision, and

d.

The total number of lots within the subdivision permitting two-family dwellings shall be computed by disregarding and eliminating any and all fractions of a permitted two-family dwelling which results from the application of the twenty-five percent limitation to the total number of lots within the subdivision, and

e.

The lots permitting two-family dwellings are identified on the final plat and the locations of the two-family dwellings have been approved by the metropolitan planning commission so as to minimize the impact on any existing single family development, and

f.

The final subdivision plat has been recorded in the office of the county register; or

5.

The lot is part of a planned unit development authorizing two-family structures as enacted by the metropolitan council.

E.

Multi-family uses accessory to an artisan manufacturing use.

1.

A maximum of two units per lot shall be permitted as an accessory use to Manufacturing, Artisan use.

2.

Residential uses are supported by the Community Plan, as determined by the planning department.

3.

In IR districts, no hazardous materials or uses are located within an unsafe distance of the proposed residential use, as evidenced by the information presented to the zoning administrator. Notices shall be sent to all property owners within three hundred feet, notifying them of the proposed residential use and the time period for response and requesting information regarding hazardous materials or uses located within an unsafe distance of the proposed residential use. After twenty days from the date the notices were sent and upon a determination by the zoning administrator that no hazardous materials or uses are located within an unsafe distance of the proposed residential use, the permit for residential uses may be issued.

F.

Adaptive Residential Development. A residential use shall be permitted provided it is located on a lot or within an existing building located within the urban services district having the majority of its frontage on an arterial street or collector street as shown on the adopted Major Street Plan, or located within the Downtown Donelson Urban Design Overlay District and where a minimum of forty percent of the existing or proposed building's gross floor area is devoted to residential uses, subject to the following conditions:

1.

Applicability. The provisions of this section shall apply to any residential use permitted with conditions in a non-residential zoning district, or at an applicant's discretion, to any residential use permitted by right within a non-residential zoning district, provided it complies with the criteria set forth in this section.

2.

Design Standards.

a.

All Residential Uses. The standards of this section shall apply only to a building or portion thereof converted to residential use, and any addition to an existing building for residential use, where a minimum of forty percent of the building's gross floor area is devoted to residential use, as explicitly shown on the approved final site plan under the authority of Section 17.40.170(A) of this title, except as provided below for new construction. The standards of this section shall not apply to any building proposing to devote less than forty percent of the gross floor area to residential uses.

b.

Single-Family and Two-Family Residential Uses. Single-family and two-family uses shall be permitted only in an existing building or as part of a new mixed-use development within a single-structure.

Otherwise, all other requirements and standards established by other chapters of this title, as well as any other applicable metropolitan government, state or federal regulation, shall apply to the development and use of properties shown on the final site plan. In case of conflict between the standards of this section and other chapters of this Zoning Code, the provisions of this section shall control, except for council-approved plans such as planned unit developments, urban design overlay districts, and redevelopment districts.

3.

Residential Floor Area. In all non-residential districts that permit with conditions a residential use, no density or floor area ratio applies to those portions of a non-residential building converted to a residential use or to new residential construction.

4.

Building Orientation. In any new or existing building, a primary building entrance shall be oriented to the arterial street, to the extent feasible. On a corner lot, entrances shall be determined in consultation with the zoning administrator.

5.

Driveway Access. For new construction, driveway access may be permitted on a non-arterial or non-collector street only if that street intersects the arterial or collector street within the same block.

6.

Parking. Parking spaces shall be required for any residential, commercial and/or retail use in accordance with Chapter 17.20. In addition, no more than one and one-half spaces shall be required per a residential dwelling unit. Tandem residential parking may be no more than two cars in depth. If parking is provided in a new deck or structure, the ground floor of the parking facility abutting a public street shall contain commercial or retail uses for seventy-five percent of the street frontage. The commercial or retail area shall have a minimum depth of twenty feet, a minimum height of fourteen feet (floor to floor) for the first floor of the garage at street level, with each storefront having between fifty-five percent and eighty-five percent glazed window area along the garage wall facing the public street.

7.

Traffic Impact Study. No traffic impact study shall be required, except the traffic engineer may require a study for developments of one hundred dwelling units or greater.

8.

Landscaping. Notwithstanding Section 17.24.050(A), any single addition that increases the total building area by twenty-five percent or more of an existing building, in whole or in part, shall provide landscaping as required by this title. Where the number of parking spaces is increased by twenty-five percent, either through a parking lot expansion or the construction of a new parking lot, interior parking lot landscaping shall be required.

9.

IWD and IR Districts. Only multi-family uses shall be permitted in these two industrial districts, and then, only in a structure where the historical commission has determined the structure is worthy of conservation, was constructed more than fifty years ago, and is being preserved with no additions, deletions, or alterations which would be inconsistent with the historic nature of the building or significantly alter the building's exterior appearance (i.e., blocking out windows with brick or other materials). In addition, the zoning administrator must find that the uses of property surrounding the non-residential structure are not detrimental to the health, safety, and welfare of prospective residents and that the project will not displace viable industrial uses.

10.

Final Site Plan Approval. A final site plan application shall be submitted for review and approval in a manner consistent with the procedures of Section 17.40.170(A) or 17.40.170(B), as applicable, and any supplemental information requested after review of the application. Final site plan applications shall be of sufficient detail to fully describe the ultimate form of development and demonstrate full compliance with all applicable standards. The zoning administrator, upon advice of the appropriate metropolitan government agencies, shall grant final site plan approval based on findings that the design, proportions, and articulation of the proposed residential use are compatible with, and do not impact, the abutting or adjacent uses.

11.

Alternative Design Standards. Where a proposed residential development cannot comply with the standards of this section, the applicant shall be required to submit for review by the board of zoning appeals a special exception, in accordance with Sections 17.16.140 and 17.16.150 of this title. The minimum filing fee shall be equal to a commercial application as per the adopted board of zoning appeals fee schedule. In granting such approval of a special exception application, the board shall determine that the applicant has demonstrated that the relief being requested will not be injurious to surrounding properties, nor violates the adopted general plan. The board shall not act on any application without first considering a recommendation from the planning department.

12.

Exceptions. Any existing single-family or two-family residential structure located on any street within the CF district upon February 4, 2005, and which is, or will be owner-occupied, shall qualify as a "PC" use under this section. Further, in the event a use qualifying under this paragraph is damaged or destroyed, the structure may be restored within one year regardless of the percentage of damage or destruction. For purposes of this section, owner-occupied shall mean that as provided in Section 17.16.160(A)(4); however, the structure need not be an historic home.

G.

Accessory Dwelling, Detached. A detached self-sufficient dwelling unit shall be allowed accessory to a principal structure subject to the following standards:

1.

Applicability.

a.

While the following conditions listed below apply to a detached accessory dwelling they do not counter-act or over-ride the applicable life safety standards found in the code editions adopted by the Metropolitan Government of Nashville.

b.

No accessory structure shall exceed two hundred square feet when there is a detached accessory dwelling on the lot.

2.

Lot Area. The lot area on which the detached accessory dwelling is to be placed shall comply with Table 17.12.020A.

3.

Ownership.

a.

No more than one detached accessory dwelling shall be permitted on a single lot in conjunction with the principal structure.

b.

The detached accessory dwelling cannot be divided from the property ownership of the principal dwelling.

c.

The detached accessory dwelling shall be owned by the same person as the principal structure and one of the two dwellings shall be owner-occupied.

4.

Setbacks. The setbacks for a detached accessory dwelling shall meet the setbacks found in Section 17.12.040.E. for accessory buildings.

5.

Site Requirements. A detached accessory dwelling may only be located behind the principal structure.

6.

Driveway Access.

a.

On lots with no alley access, the lot shall have no more than one curb-cut from any public street for driveway access to the principal structure as well as the detached accessory dwelling.

b.

On lots with alley access, any additional access shall be from the alley and no new curb cuts shall be provided from public streets.

c.

Parking accessed from any public street shall be limited to one driveway for the lot with a maximum width of twelve feet.

7.

Bulk and Massing.

a.

The living space of a detached accessory dwelling shall not exceed seven hundred square feet.

b.

On lots less than ten thousand square feet, the footprint of a detached accessory dwelling shall not exceed seven hundred fifty square feet

c.

On lots ten thousand square feet or greater, the footprint of a detached accessory dwelling shall not exceed one thousand square feet.

d.

The detached accessory dwelling shall maintain a proportional mass, size, and height to ensure it is not taller than the principal structure on the lot. The detached accessory dwelling height shall not exceed the height of the principal structure as measured to the eave line, with a maximum eave height of ten feet for single-story and seventeen feet for two-story detached accessory dwellings.

e.

The roof ridge line of the detached accessory dwelling must be less than the primary structure and shall not exceed twenty-seven feet in height.

8.

Design Standards.

a.

The detached accessory dwelling shall be of similar style, design and material color as used for the principal structure and shall use similar architectural characteristics, including roof form and pitch, to the existing principal structure.

b.

The detached accessory dwelling may have dormers that relate to the style and proportion of windows on the detached accessory dwelling and shall be subordinate to the roofslope by covering no more than fifty percent of the roof.

c.

Detached accessory dwellings may have dormers that are setback a minimum of two feet from the exterior wall.

9.

Historic Properties.

a.

Metro Historic Zoning Commission Action. Any existing or proposed detached accessory dwelling in a historic overlay district shall comply with the adopted regulations and guidelines of the applicable historic overlay.

b.

Detached accessory dwellings with a second story dwelling unit shall enclose the stairs interior to the structure and properly fire rate them per the applicable life safety standards found in the code editions adopted by the Metropolitan Government of Nashville.

10.

Restrictive Covenant. Prior to the issuance of a permit, an instrument shall be prepared and recorded with the register's office covenanting that the detached accessory dwelling is being established accessory to a principal structure and may only be used under the conditions listed above.

(Ord. BL2017-980 § 1, 2017; Ord. BL2015-1153 §§ 15, 16, 2015; Ord. BL2015-1121 § 6, 2015; Ord. BL2014-770 § 3, 2014; Ord. BL2014-769 §§ 2—7, 2014; Ord. BL2014-684 § 2, 2014; Ord. BL2011-80 § 1, 2012; Amdt. 1 to Ord. BL2011-900 § 3, 2011; Ord. BL2011-900 § 3, 2011; Ord. BL2009-586 § 1(Exh. A, § 30), 2010; Ord. BL2009-552 §§ 1, 2, 2009; Amdts. 1 and 2 with Ord. BL2004-492 § 2, 2005; Ord. 2002-1011 § 1 (part), 2002; Amdt. 1 with Ord. BL2000-477 § 1 (part), 2000; Ord. 99-1642 § 1 (part), 1999; Ord. 99-1616 § 1 (part), 1999; Ord. 98-1268 § 1 (part), 1998; Ord. 98-1267 § 2, 1998; Ord. 96-555 § 4.2(A), 1997)