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An ordinance amending Chapters 17.04, 17.12, and 17.16 of the Metropolitan Code to amend the regulations pertaining to height within the Single-Family Residential (RS) and One- and Two-Family Residential (R) zoning districts and to simplify the conditions by which two-family dwellings may be permitted in the AG, AR2a, R80, R40, R30, R20, R15, R10, R8, R8-A, R6, and R6-A zoning districts (Proposal No. 2025Z-010TX-001).
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WHEREAS, the ongoing work related to the Housing and Infrastructure Study is resulting in numerous initiatives that will create opportunities for housing within Nashville and Davidson County; and
WHEREAS, paired with the pressing need for a strong housing policy are goals for neighborhood design quality; and
WHEREAS, One- and Two-Family Residential (R) districts include a series of conditions based on when a parcel was zoned to allow two-family residences, when the parcel was created, and its manner of subdivision, which are difficult and time-consuming to administer; and
WHEREAS, both simplifying the conditions by which two-family dwellings may be permitted within One- and Two-Family Residential Districts and setting reasonable height limitations within single-family and one- and two-family residential districts can simultaneously reduce barriers to housing while better ensuring infill development respects the existing height characteristics of much of Nashville and Davidson County’s built environment.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.04.060 of the Metropolitan Code is amended by inserting the following definition:
“Story, Half” (Syn. Attic Story). A conditioned space that rests primarily underneath the slope of the roof, usually having dormer windows. The half story is identified by the ".5" in the description of maximum height (Example: 2.5). This space shall be considered a full story when its top wall plates, on at least two opposite exterior walls, are greater than four (4) feet above the floor of such story.
Section 2. That Section 17.12.020 of the Metropolitan Code is amended by changing portions of Table 17.12.020A as shown in Exhibit A.
Section 3. That Section 17.12.060 of the Metropolitan Code is hereby amended by deleting Subsection B in its entirety and replacing it with the following:
B. Special Height Regulations for Accessory Structures outside of an Accessory Structure Overlay District.
1. On all lots with a lot size less than forty thousand square feet, accessory structures other than detached accessory dwelling units shall not exceed one story or sixteen feet in height.
2. On all lots with a lot size of at least forty thousand square feet, accessory structures other than detached accessory dwelling units located to the rear of the principal dwelling may be two stories or twenty-four feet in height provided that the full side and rear setbacks required by the applicable district are provided.
3. If not established in historic overlay districts, the zoning administrator shall establish height regulations based upon the recommendation of the historic zoning commission.
Section 4. That Section 17.12.060 of the Metropolitan Code is hereby amended by deleting Subsection C in its entirety and replacing it with the following:
C. Special Height Regulations for Accessory Structures Within the Urban Zoning Overlay District.
1. On all lots with a size less than forty thousand square feet, an accessory structure other than a detached accessory dwelling unit located to the rear of the principal dwelling may have vertical walls rising no higher than sixteen feet from the side and rear setback lines. The roof on the structure shall rise from the side walls at a roof pitch no steeper than the predominant roof pitch of the principal dwelling, except that the vertical walls may extend to the underside of the roof at the gable end of a gabled roof. The top elevation of an accessory structure shall not exceed the top elevation of the principal dwelling.
2. On all lots with a lot size of at least forty thousand square feet, an accessory structure other than a detached accessory dwelling unit located to the rear of the principal dwelling may have vertical walls rising no higher than twenty-four feet in height exclusive of a pitched roof, provided that the full side and rear setbacks required by the applicable district are provided. The top elevation of an accessory structure shall not exceed the top elevation of the principal dwelling.
3. If not established by the design standards of an historic overlay district, the zoning administrator shall establish height regulations based upon the recommendation of the historic zoning commission.
Section 5. That Section 17.16.030, subsection D, of the Metropolitan Code of Laws be deleted in its entirety and replaced with the following:
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 legally created as prescribed by state law or within an approved subdivision final plat provided the lot meets the minimum lot size standard of the district.
Section 6. 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 7. 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 Title 17 of the Metropolitan Code of Laws to reduce the maximum height of single family and two-family structures in the R and RS zoning districts, excluding the R40, RS40, R80, and RS80 zoning districts, as well as remove conditions for the two-family use within R zoning districts. The ordinance proposes to reduce the maximum allowed building height for single family and two-family structures in the R and RS zoning districts, excluding R40, RS40, R80, and RS80 zoning districts, from three stories with no maximum foot height to two-and-a-half stories with a maximum height to the eave of 24 feet and a maximum overall height of 35 feet excluding elevator/stair bulkheads and chimneys. The existing maximum of a three-story building height would remain for single-family and two-family structures in the other unaffected zoning districts.
The ordinance also proposes to eliminate all conditions for the two-family use within AG, AR2a, and R zoning districts and permitting the two-family use on any lot zoned AG, AR2a, or R so long as the lot meets the minimum lot size for its zoning district, effectively making the two-family use permitted by right. However, the ordinance does not amend the associated “permitted condition” designations in the land use table.
Currently, for a lot zoned AG, AR2a, or R to be eligible for the two-family use, it must meet one of the following conditions:
• The lot is legally created and is of record in the office of the county register prior to August 1, 1984;
• 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
• 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
• The following:
o The lot is part of a subdivision, and
o The subdivision has been approved by the metropolitan planning commission, and
o 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
o 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
o 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
o The final subdivision plat has been recorded in the office of the county register; or
• The lot is part of a planned unit development authorizing two-family structures as enacted by the metropolitan council.
This item is scheduled to be heard by the Planning Commission at its November 13, 2025, meeting.