An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Chapters 17.16, 17.36 and 17.40 to add Historic Bed and Breakfast Homestay (HB) as a classification of the historic overlay districts, rather than as a Special Exception (SE) use, all of which is more specifically described herein (Proposal No. 2005Z-091T).

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.16.160 by deleting subsection A. in its entirety and relettering subsections B. and C. accordingly.

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Chapter 17.36 as follows:

1. By amending Section 17.36.110 by adding the following new subsection D.:

"D. Historic Bed and Breakfast Homestay (HB) District. The boundaries shall be shown on the zoning map or on special overlays thereto that are made a part of this zoning code and noted by name on such maps, in which no structure shall be constructed, altered, repaired, relocated or demolished in whole or in part unless the action complies with the requirements set forth in this title.

2. By amending Section 17.36.120 by adding the following new subsection C.:

"C. Historic Bed and Breakfast Homestay.
1. An historic bed and breakfast homestay is defined as a building or structure containing three or fewer furnished guest rooms for pay within a private, owner-occupied historically significant structure. Meals may be provided to overnight guests, and the maximum stay for any guest shall be fourteen consecutive days. An historic bed and breakfast homestay shall meet one or more of the following critera:
a. The historic bed and breakfast homestay is associated with an event that has made a significant contribution to local, state or national history;
b. It is associated with the lives of persons significant in local, state or national history;
c. It embodies the distinctive characteristics of a type, period or method of construction, or that represents the work of a master, or that possesses high artistic value; or
d. It is listed or is eligible for listing in the National Register of Historic Places.
2. In addition to the criteria listed in subsection C.1. of this section, the historic bed and breakfast homestay shall satisfy the following conditions:
a. Exterior work proposed to be done will be subject to design review guidelines adopted by the metropolitan historic zoning commission for determining the architectural compatibility and historical significance of such work. The design review guidelines for neighborhood conservation districts shall apply to historic bed and breakfast homestays. The metropolitan historic zoning commission's approval of work shall be granted in writing as a condition for issuance of a zoning permit.
b. Owner-Occupied. The owner of the property must reside permanently in the historic home. Where there is more than one owner of the home, or where an estate, corporation, limited partnership or similar entity is the owner, a person with controlling interest, or possessing the largest number of outstanding shares owned by any single individual or corporation, shall reside permanently in the historic home. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the historic home.
c. No more than one off-street parking space shall be provided for each guest room. The commission shall advise on the appropriate location and potential adverse impacts caused by the off-street parking of vehicles, and may recommend fencing, screening and landscaping to buffer and protect surrounding residential properties.
d. No signs shall be permitted for advertising. An accessory residential sign, not to exceed the dimensions of one square foot of area, displaying the name and/or address of the owner may be permitted.
e. The bulk regulations of the district for a residence shall apply. Overnight guest rooms may be located within historically significant accessory structures.
f. The owner shall maintain and make available to the zoning administrator a guest register for each calendar year.
g. Meal service shall be restricted to overnight guests only; no cooking facilities shall be permitted in any guest room.
h. The metropolitan fire marshal shall approve the structure for safety.

Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.40.280 by deleting the phrase "historic bed and breakfast homestay,".

Section 4. That this Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Feller Brown