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An ordinance to amend Section 6.28.030 of the Metropolitan Code of Laws regarding the existence of a Short Term Rental Property - Owner-Occupied in a two-family zoning district (Proposal No. 2019Z-017TX-001).
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NOW, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 6.28.030, Subsection A.2, is hereby amended by deleing subsections d and e in their entirety and substituting in lieu thereof the following:
d. Only one permit shall be issued per lot in single-family and two-family zoning districts, except as described in subsection A.2.e.
e. Ownership of two-family dwellings. For properties in two-family zoning districts where a two-family dwelling exists, the following shall govern:
i. If both units of the two-family dwelling are owned by the same person, and one of the two units is the primary residence of the owner, the owner may apply for one (1) permit applicable to one (1) of the units. Prior to the issuance of such permit, an instrument shall be prepared and recorded with the register's office covenanting that the two-family dwelling may only be used under the conditions listed herein for so long as the STRP-Owner-occupied permit is valid.
ii. If the two-family dwelling units are owned by different persons, and each unit is the primary residence of the corresponding owner, then each owner may be issued a separate permit. No more than two (2) permits may be issued per lot for these two-family dwelling units, and only one (1) permit may be issued per dwelling unit.
Section 2. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance, as substituted, amends the Metropolitan Code pertaining to owner-occupied STRP permits for two-family dwellings. The Code currently requires both dwellings to be under the same ownership in order for a two-family dwelling to have an owner-occupied STRP permit. This ordinance would create a mechanism whereby two separate owner-occupied STRP permits could be issued for two-family dwellings when the units are owned by different persons and each unit is the primary residence of the corresponding owner. No more than two permits could be issued per lot, and only one permit could be issued per dwelling unit.
This ordinance has been approved by the Planning Commission.