How Many Ways Can You Redefine The Family

Single-family zoning may become a mere suggestion within the Urban Services District (USD). In the heart of Nashville, single-family residential zoning districts (RS) require a Detached Accessory Dwelling Unit overlay in order for residents to pursue a permit to build a detached dwelling on their property. All that may change if the Metro Council passes a new bill that would allow DADUs for all RS zoning districts within the USD.

“If you have an aging parent, who has the right to tell you you cannot build a structure on your property to house them?” asked Councilmember Mike Cortese while addressing his colleagues during Tuesday’s council meeting. “If you have a child who's struggling financially, who has the right to tell you you cannot build a structure on your property to house them?”

Regarding affordability and property rights, the appeal cuts to the heart of the matter. But the solution comes with its own set of hurdles.

Councilmember Courtney Johnston appreciates the bill—given that the current DADU Overlay process is “restrictive and difficult”—but wants to add some guardrails to keep the spirit of “accessory dwelling” intact.

“The amendment I put forth reduces the maximum size allowed from 850-1,200 square feet to 700-850, depending on whether your lot size is smaller or greater than 10,000 square feet,” Johnston told us. “In my opinion, 1,200 square feet exceeds the accessory nature of what is intended. Plainly said, a 1,200-square-foot unit is a house, not an accessory.”

While residents worry about infrastructure issues and neighbors building what is essentially equivalent to a second, full-sized home on a single-family lot, there are also enforcement concerns regarding the new legislation. Though the bill stipulates that the owner must occupy one of the units on the property, many are wary that landlords will take advantage of the new code.

During the community presentation on proposed Metro zoning changes two weeks ago, a District 15 resident disparaged Metro’s zoning enforcement, explaining how, despite rules and regulations, big development companies and corporations rent out units in ways that are supposed to be prohibited by Metro Code.

“What we're seeing is a lot of short-term rentals, because [these companies] say they're living in there,” she explained. “They have people come by, get the mail, etc.”

“The state has tied our hands when it comes to some types of short-term rental enforcement when it comes to noises and stuff like that,” said Councilmember Tom Cash during Tuesday’s council meeting. “It's really tough, because you have to take the person to court.” That said, Cash commended the efficiency of Metro’s code enforcement before asking the body to consider looking into community concerns.

The bill that would expand/simplify codes for Detached Accessory Dwelling Units (DADUs) passed on second reading last week, and its final reading will be on December 4. A robust discussion about amendments proposed for the new zoning bills will be held during the Planning & Zoning Committee meeting on November 18.