This ordinance proposes two updates to the AR and AR-IP zoning district provisions. The first change proposes to clarify that Section 10-4 of the Municipal Code, which states that certain animals may be kept on lots greater than three acres, applies to the AR zoning district. The AR district standards only state that general farming activities such as the breeding and keeping of domestic animals are permitted, but do not specifically limit them to lots on three acres or larger. Although the technical standards of the AR zone provide that the minimum size of any new AR lot must be three acres, there are some smaller lots in existence from the time of the application of the zone (see attached example map). Therefore, this amendment is proposed to alleviate any confusion that there must be three acres or greater in AR for the referenced animals to be kept.
This clarification would be accomplished by changing Section 78-122 (1) of the Code to add the bolded text as follows, with all other portions of this section remaining unchanged:
(1) General farming activities such as the raising of trees, field and plant crops, breeding and keeping of domestic animals, and any similar agricultural uses which are in keeping with the character and intent of the district subject to the provisions of section 10-4 of this code.
Secondly, this ordinance proposes to update the AR-IP zoning district provisions to allow certain higher-elevation lots to have limited opportunities for including accessory uses and buildings such as, but not necessarily limited to, swimming pools in front and side yards when located within the Hillside Protection Overlay.
The Zoning Ordinance establishes requirements and restrictions pertaining to technical and development standards within the AR-IP (Innovative Project) district. The existing provisions prohibit swimming pools in front yards under Section 78-132 by stating that, “Unless otherwise set forth within this division, all provisions of division 2, subdivision I, AR-General shall apply within an AR-IP zoning district.” Certain higher elevations along Old Smyrna Road have unique views of the Downtown Nashville skyline, and it is in keeping with the intent of the AR-IP zoning district to allow limited opportunities for homes to include accessory uses in front and side yards when located within the Hillside Protection Overlay.
The ordinance proposes to accomplish this by amending Section 78-136 by deleting this section in its entirety and replacing it with the following:
Sec. 78-136. – Uses Permitted.
- All uses permitted under Section 78-122 for the AR-General district shall be permitted, unless otherwise set forth within this section.
- Accessory buildings customarily incidental to the above uses, subject to the standards and limitations specified in sections 78-22 and 78-128. Accessory building(s) shall be located in the buildable area of the rear yard, except when a lot is located within the hillside protection overlay district. Lots that are located within the hillside protection overlay may also place accessory building(s) in the buildable area of the front yard and side yard subject to planning commission review and approval. Board of zoning appeals approval shall not be required, as specified in Section 78-22, when the planning commission has reviewed an accessory structure site plan within the hillside protection overlay. The planning commission shall review to ensure the placement does not negatively impact surrounding lots and structures.
- Accessory uses such as swimming pools, tennis courts, pet enclosures, play structures and satellite dish antennas, including related pads, decks, patios, hard surfaces and enclosures. Such accessory uses shall not be subject to the standards and limitations set forth in sections 78-22 and 78-128 (except as specified for certain pet enclosure structures and play structures) but must be placed within the buildable area of the rear yard, except when a lot is located within the hillside protection overlay. Lots that are within the hillside protection overlay may also place accessory uses in the buildable area of the front and side yard subject to planning commission review and approval. The planning commission shall review to ensure the placement does not negatively impact surrounding lots and uses and is in keeping with the overall design standards of the subdivision.
This ordinance also proposes to change Section 78-22(b)(2) by adding the bolded text as follows:
(2) Approval for an accessory building must be obtained from:
- The board of zoning appeals, for any accessory building of more than 12 feet in height or with a gross floor area of more than 225 square feet, except when such building is located in the AR-IP zoning district and within the hillside protection overlay. When located within the AR-IP zoning district and the hillside protection overlay, then only planning commission review of the site plan including the accessory building shall be required.
- The planning department staff, for any accessory building not requiring the approval of the board of zoning appeals or planning commission. “Planning department staff,” as used in this section, means the city’s planning director or such persons authorized by the planning director to review and approve accessory building applications.
As of right now, the AR-IP district has only been applied to one area along Old Smyrna Road and is limited to the Old Smyrna Road area per the Zoning Code. This change will not create opportunities in other zoning districts and is only allowed in AR-IP where innovative designs were contemplated as part of the AR-IP district.
| The schedule for Ordinance 2023-03 is as follows: |
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| First Reading Board of Commissioners |
Monday, March 13, 2023 |
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| Planning Commission Review |
Monday, April 3, 2023 |
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| Board of Commissioners Public Hearing |
Monday, April 10, 2023 |
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| Board of Commissioners Second and Final Reading |
Monday, April 24, 2023 |
Please contact the Planning and Codes Director with any questions. |