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An ordinance to amend Sections 16.24.030 and 17.04.060 of the Metropolitan Code of Laws to amend the definition of “family.” (Proposal No. 2025Z-002TX-001).
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NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 16.24.030 of the Metropolitan Code of Laws is amended by deleting the definition of “Family” and replacing it with the following:
"Family" means for purposes of this chapter:
1. An individual; or
2. Two or more persons related by blood, marriage or law; or
3. A group of two or more unrelated persons living together in a dwelling unit, not to exceed four persons in a dwelling unit with three or fewer bedrooms, and not to exceed five persons in a dwelling unit with four or more bedrooms. Such group may include a combination of related and unrelated persons. Persons under the age of 13 related to an adult occupant by blood, marriage, or law shall be exempted from the maximum number of allowable unrelated persons.
Section 2. That Section 17.04.060 of the Metropolitan Code of Laws is amended by deleting the definition of "Family” and replacing it with the following:
"Family" means one of the following:
1. An individual, or
2. Two or more persons related by blood, marriage or law, or,
3. A group of two or more unrelated persons living together in a dwelling unit, not to exceed four persons in a dwelling unit with three or fewer bedrooms, and not to exceed five persons in a dwelling unit with four or more bedrooms. Such group may include a combination of related and unrelated persons. Persons under the age of 13 related to an adult occupant by blood, marriage, or law shall be exempted from the maximum number of allowable unrelated persons.
4. A group of not more than eight unrelated persons with disabilities including three additional persons acting as support staff or guardians, who need not be related to each other or to any of the persons with disabilities, residing together in a home in accordance with Tennessee Code Annotated § 13-24-102. For purposes of this subsection, 'persons with disabilities' includes persons with a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). For the purposes of this subsection, "persons with disabilities" does not include persons who pose a substantial likelihood of serious harm as defined in Tennessee Code Annotated § 33-6-501, or who have been convicted of serious criminal conduct related to such disability.
5. A group of not more than eight unrelated persons over the age of sixty-five, including two additional persons acting as house parents or guardians, living together as a single housekeeping unit.
6. Family, as defined herein, is subject to the occupancy limitations in Section 16.24.400.J of the Metropolitan Code of Laws. Where there is a conflict between the definition of family in this section and the overcrowding provisions in Section 16.24.400.J, the more restrictive limitation shall apply.
Section 3. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 4. This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Sections 16.24.030 and 17.04.060 of the Metropolitan Code to modify the definition of “Family” in Titles 16 and 17 to exempt persons under the age of 13 related to an adult occupant by blood, marriage, or law from the maximum number of allowable unrelated persons residing together in a single dwelling unit.
Currently, Title 16, Section 16.24.030, includes three different types of occupancy arrangements that would fall under the definition of “Family”. These types include: an individual; two or more persons related by blood, marriage, or law; and a group of two or more unrelated persons living together in a dwelling unit, not to exceed four persons in a dwelling unit with three or fewer bedrooms, and not to exceed five persons in a dwelling unit with four or more bedrooms with such groups permitted to include a combination of related and unrelated persons. Title 17, Section 17.04.060, includes the three types of family outlined in Title 16 and adds two additional types including: a group of eight or fewer unrelated persons with disabilities including three additional persons acting as guardians residing together in accordance with Tennessee Code Annotated § 13-24-102 and a group of eight or fewer unrelated persons over the age of sixty-five, including two additional persons acting as guardians, living together as a single housekeeping unit.
The ordinance proposes amending the definition of “Family” in Titles 16 and 17 to exempt persons under the age of 13 related to an adult occupant by blood, marriage, or law from counting towards the maximum number of allowable unrelated persons residing together in a single dwelling unit.
The Planning Commission deferred this item to their May 22, 2025, meeting (8-0) at their April 24, 2025, meeting.