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An ordinance amending Chapters 17.36 and 17.40 of the Metropolitan Code to create a Detached Accessory Dwelling Unit Exclusion Overlay district (Proposal No. 2025Z-017TX-001).
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BE IT ENACTED BY THE COUNTY OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Zoning District Land Use Table in Section 17.08.030 is amended as shown in Exhibit A.
Section 2. That Chapter 17.36 of the Metropolitan Code of Laws is hereby amended by creating Article XIX - Detached Accessory Dwelling Unit Exclusion Overlay, as follows:
17.36.790 - Purpose and intent.
The detached accessory dwelling unit exclusion overlay district prohibits the detached accessory dwelling unit use within the boundaries of the overlay to preserve neighborhood character.
17.36.800 - Overlay designation.
A detached accessory dwelling unit exclusion 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.
17.36.820 - Permitted land uses.
The range of land uses permitted within a detached accessory dwelling unit exclusion 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 with the exception that the detached accessory dwelling unit use shall be prohibited.
17.36.830 - Detached Accessory Dwelling Unit Exclusion Overlay District.
A. Application for a Detached Accessory Dwelling Unit Exclusion Overlay District. Lots included in a district must be contiguous.
B. Historic Overlay District. A detached accessory dwelling unit exclusion overlay district may be applied in an adopted historic overlay district if consistent with the adopted guidelines of the historic overlay district.
C. Eligible Zoning Districts. Detached accessory dwelling unit exclusion overlay districts shall only be applicable in zoning districts that permit the detached accessory dwelling unit use. Detached accessory dwelling unit exclusion overlay districts shall not be applied to property within specific plan (SP) zoning districts.
D. Planning Commission Recommendation. The planning commission shall review a proposed detached accessory dwelling unit exclusion 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 metropolitan clerk, the zoning administrator and all other appropriate governmental departments.
E. Council Consideration. The metropolitan council shall consider an ordinance establishing a detached accessory dwelling unit exclusion overlay district according to the procedures of Article III of Chapter 17.40 (Amendments). All property owners within and proximate to a proposed two-story residential overlay district shall be notified according to the procedures of Article XV of Chapter 17.40.
F. Changes to a Detached Accessory Dwelling Unit Exclusion Overlay District Boundary. A proposed change in the geographic boundary of a two-story residential overlay district on the official zoning map shall be considered by the council according to the procedures of Article III of Chapter 17.40 (Amendments).
Section 3. 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, contextual overlay district, corridor design overlay district, residential accessory structure overlay district, two-story residential overlay district, detached accessory dwelling unit overlay district, commercial compatibility overlay district, or detached accessory dwelling unit exclusion overlay district as provided in Chapter 17.36;
Section 4. 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 5. 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.