UZO District Information
This document is about the Urban Zoning Overlay district (UZO), which became part of the Zoning Regulations on December 2, 2000. It explains some basic information about zoning, what the UZO is, why and how it was created, how the zoning for the UZO area is different from the zoning in the rest of Metropolitan Nashville and Davidson County, and what the process was for adopting it as part of the zoning code and zoning map.
What
is a zoning district?
The zoning code regulates how property can be used. All property in Metro is "zoned" into
different districts. There are two types of districts in the zoning code: base
zoning districts and overlay zoning districts. Base zoning districts are the "basic" zoning
districts. There are 51 base zoning districts in Metro's zoning code. They
regulate which uses (commercial, residential, etc.) are allowed, how large
a lot has to be to put a building on it, where buildings can be put on a lot,
how large they can be, how much parking must be provided, and what if any landscaping
is required.
What
is the "Urban Zoning Overlay District?"
The
Urban Zoning Overlay district, or UZO, is a special type of zoning district.
Overlay zoning districts like the UZO are tools for dealing with special
situations or accomplishing special goals. Overlay zoning districts can
be placed "over" the base zoning for an area to alter some
of the regulations. For example, properties within a certain distance
of Nashville International Airport are in the Airport Overlay district.
It puts special limits on the heights of buildings in that area because
of low flying planes.
Why
was the UZO created?
The UZO district was created to improve the way development in the older urban
areas of Nashville is regulated. Most of the development in the UZO area was
built before World War II. The current zoning code was designed for a newer
suburban environment with a different "development pattern." "Development
pattern" is a term for the physical layout of an area. For example, in
the UZO area, commercial buildings are often built right up to the edge of
the sidewalk. In the suburbs, they are further back from the street. Lots in
the UZO area are generally smaller than they are in the suburbs, and buildings
are usually closer together. Most neighborhoods in the UZO area have alleys,
with garages behind houses instead of attached to them. Until the UZO was developed,
the zoning for the UZO area did not fit this development pattern. This mismatch
caused problems for property owners. For example, when the 1998 tornado damaged
older parts of the city, many people had to get special permission to replace
buildings in the same places they had always been.
The mismatch between what the zoning code required and the development pattern of the UZO area caused other problems. Many people in the UZO area have been working to improve older neighborhoods and commercial areas. For example, community groups in East Nashville are working with local government and business groups to encourage more stores and restaurants to locate there. Certain aspects of the zoning code were making it difficult for people to open businesses. This was mainly because of the requirements for parking. Commercial lots in the UZO area are usually much smaller than in the suburbs. Many are almost completely covered with buildings. Providing the amount of parking that the zoning code required could be very expensive. Sometimes buildings were torn down for parking lots. Lowering some of the parking requirements will help efforts to improve older urban areas.
How
was the UZO created?
The Metro Planning Department worked with a national consultant team beginning
in March 2000. The process included public participation in the form of "stakeholder
interviews" and public meetings to review draft recommendations. The stakeholder
interviews involved a cross-section of people, including architects, neighborhood
association representatives, developers, real estate agents, and representatives
of institutions such as universities and churches. A mailing list of over 300
individuals and organizations was used to keep people informed about and involved
with the process. The changes for the UZO area were developed in response to
the problems raised in the various meetings. They were first reviewed and approved
by the Metro Planning Commission and then were reviewed and adopted by the
Metro Council.
How
is the zoning for the UZO area different from the rest of
Nashville/Davidson County?
Most of the differences have to do with where buildings can be put on lots
and with parking requirements. One important thing to know is that the UZO
changes will mainly affect new development. The way that the UZO affects existing
development in the UZO area is that more of it conforms to the zoning code
than was the case before the UZO went into effect. These are the sections of
the zoning code that are different for the UZO area than in the rest of the
county. We have listed the respective sections of the zoning code that contain
UZO provisions. You can access these sections by clicking on "Metro Zoning
Code" on the Zoning main page (the page from which you linked to this
information).
Chapter
17.12 (District Bulk Regulations)
This part of the zoning code regulates where buildings can be built on a lot
and how big buildings can be in relation to the size of the lot they are built
on. The differences in this section are:
- In
the zoning districts where multifamily housing is already allowed,
people can build attached townhomes or rowhouses that can be owner-occupied
without having to sell them as condominiums. People will be able
to own their units along with the lots they are built on instead
of having the land in common ownership (Table 17.12.020.B - Multi-Family,
Mobile Homes, and Non-Residential Uses, Note 3).
- The
maximum floor area ratio for the I (Institutional) district is 1.5
instead of 1.0. The floor area ratio is the relationship of the size
of the building to the size of the lot. The I district is designed
for institutions such as colleges when they are located in mainly
residential areas. This change lets institutions in the UZO area
that are zoned I build somewhat larger buildings on lots than they
could elsewhere. Right now, there is no I zoning in the UZO area,
but there could be in the future. (Table 17.12.020.C - Mixed-Use
and Non-Residential Districts, Note 1)
- A
new section called "Contextual Street Setbacks Within the Urban
Zoning Overlay District" makes it possible for buildings to
be built closer to the street. This section will have the greatest
impact on older commercial areas where there are existing buildings
that are built up to the edge of the sidewalk. In some cases, new
buildings also will be required to be built up to the edge of the
sidewalk. (Section 17.12.035 - Contextual Street Setbacks Within
the Urban Zoning Overlay District)
- People
can build covered or enclosed porches in their side or rear setback
areas as long as they are between 30 inches and eight feet in height
above grade. They cannot be closer than 3 feet from the property
line. (Section 17.12.040.E - Other Setbacks: Permitted Setback Obstructions,
Item 6)
People can build taller accessory structures (ex: garages, tool sheds) behind their houses in single- and two-family residential districts as long as the accessory structure is no taller than the house. (Section 17.12.050.C - Building Height Controls: Special Height Regulations for Single-Family and Two-Family Dwellings Within the Urban Zoning Overlay District)
- A floor area bonus is available to encourage residential development in certain zoning districts. The floor area bonus makes it possible to build a larger building than would otherwise be allowed. The floor area bonus is available for mixed-use buildings where at least 25% of the space (not counting any structured parking) is designed for people to live in. If the building will have more than 10 living units in it and the developer wants the bonus, some of the units need to be affordable housing. The zoning districts where the bonus is available are MUN (mixed-use neighborhood), MUL (mixed-use limited), MUG (mixed-use general), MUI (mixed-use intensive), ORI (office/residential intensive), CF (core frame), and CC (core). All of these zoning districts are designed for areas planned to have a mixture of commercial, office, and residential uses. Downtown Nashville and Germantown are two examples. (Table 17.12.020.C - Mixed-Use and Non-Residential Districts, Note 2, and Section 17.12.070.B, Residential Bonus in Mixed Use, ORI, CC, and CF Districts)
Chapter
17.20 (Parking, Loading, and Access)
This part of the zoning code regulates how much parking needs to be provided
and where it can be put. The differences in this section are:
- The
parking requirements for 35 of the 141 land uses listed in the zoning
code are lower than in the rest of the county (Table 17.20.030 -
Parking Requirements)
- Reductions
to the amount of required parking are available under certain conditions.
The conditions are: being located close to a bus route; being located
in an area where nearby residents can walk to the business on sidewalks;
being near a free public parking lot; having on-street parking in
front of the home or business; and building within ten feet of the
right-of-way using the contextual front setbacks option. (17.20.040.E
- Adjustments to Required Parking)
- On-street
parking is permitted on one side of narrow streets (less than 26
feet wide curb-to-curb) within the UZO. (Section 17.20.040.F - Adjustments
to Required Parking)
- The criteria used to decide if someone may use shared parking arrangements to meet parking requirements are more flexible. (Section 17.20.100 - Shared Parking)
Chapter
17.24 (Landscaping, Buffering, and Tree Replacement)
This part of the zoning code regulates landscaping for such purposes as "buffering" commercial
areas from residential areas and also regulates how parking lots are landscaped.
The differences in this section are:
- Parking
areas within the CC (core) and CF (core frame) districts do not have
to landscape along side property lines. These zoning districts are
located in and near downtown Nashville. (Section 17.24.140.A - Parking
Area Screening and Landscaping: Applicability)
- Parking
lots with fewer than 30 spaces have more flexible landscaping requirements
than larger parking lots. (Section 17.24.160.A - Interior Planting
Requirements)
- No
landscape buffer yard is required when a zoning boundary falls within
a public street within the UZO. (Section 17.24.190 - Landscape Buffer
Yards - Exemptions)
- Three new options for meeting the landscape buffer yard requirements are available. These provide more options that use landscaping in combination with a wall or solid fence. (Section 17.24.210.G - Landscape Buffer Yard Design and Materials: Opaque Fences)
Chapter
17.36 (Overlay Districts)
This part of the zoning code establishes the overlay districts. In this section,
the UZO is established, its purpose and intent are outlined, and the area to
which it applies is specified. (Chapter 17.36 - Overlay Districts, Article
XI - Urban Zoning Overlay District, 17.36.400 - Purpose and Intent and 17.36.410
- Applicability)
Chapter
17.40 (Administration and Procedures)
This part of the zoning code deals with how the zoning code is administered.
The difference in this section is:
- In commercial or office districts, design flexibility in meeting certain standards may be authorized by either the Planning Commission or the Zoning Administrator (Codes Department employee who interprets and administers the zoning code). This design flexibility is also available in some of the other overlay zoning districts. (Section 17.40.170.C - Final Site Plan: Development Under a Unified Plat of Subdivision)
What
was the process for putting the UZO into effect?
There were two major things that needed to happen to put the UZO into effect.
The text of the zoning code needed to be amended by Metro Council to add the
UZO regulations. This is called a zoning text amendment. The official zoning
map also needed to be amended by Metro Council to outline the area where the
UZO regulations would be in effect. This is sometimes called a map amendment
but is usually called a "zone change." Both the text amendment and
the zone change were reviewed by the Metro Planning Commission, which recommended
that Council approve them. The bill number for the text amendment was BL2000-364.
The bill number for the zone change was BL2000-476. Both bills went through
three readings (votes taken at different Council meetings) before they were
added to the zoning code and map. Four
amendments were made to BL2000-364 on second reading (October 17) and six amendments
were made on third reading (November 21). There were no amendments to BL2000-476.
When Council considers zone change bills, public hearing notices are mailed
out to all property owners in and within a certain distance of the zone change
area. For the UZO zone change public hearing that was held on November 9, this
meant mailing out nearly 42,000 notices. Public hearing notices for zone changes
are mailed out by the Metro Planning Department, which provides planning services
to the Metro Planning Commission and to all of Nashville/Davidson County. After
being enacted by Metro Council on November 21, both bills were signed by Mayor
Bill Purcell on November 28. Legal enactment of the UZO bills was advertised
by the Metro Clerk on December 2, 2000, which serves as their effective date.
Four amendments were made to the UZO provisions in June, 2002. One of these (Ordinance No. BL 2002-1014) made some modifications to the Contextual Street Setbacks section (Section 17.12.035). The second one (Ordinance No. BL2002-1016) clarified the parking reduction for General Retail in the parking table (Table 17.20.030). The third one (Ordinance No. BL 2002-1017) permitted parking on one side of narrow streets in the UZO (Section 17.20.040.F). The fourth amendment to the UZO provisions (Ordinance No. BL2002-1020) modified the landscape buffer yard requirements so that no landscape buffer yard is required when a zoning boundary falls along a public street within the UZO (Section 17.24.190). If you are interested in reading any of these amendments or the original UZO bill (Ordinance No. BL2000-364), they are on the Metro Clerk's website at:
http://www.nashville.gov/mc/ordinances/index.htm
If you have any questions about the Urban Zoning Overlay district, you can contact Cynthia Wood at the Metro Planning Department:
Cynthia
Wood
Metropolitan Planning Department
730 2nd Avenue South
Nashville TN 37210
Phone: 615-862-7166
Fax: 615-862-7209