ORDINANCE NO. BL2006-1206

An Ordinance amending Section 17.16.160 of Title 17 of the Metropolitan Code, Zoning Regulations, by replacing the special exception standards for Historic Homes Events with new standards, all of which is more specifically described herein (Proposal No. 2006Z-170T).

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 B. in its entirety and substituting in lieu thereof the following new subsection B:

"B. Historic Home Events.
1. Eligibility. Only historically significant structures, as determined by the historic zoning commission, are eligible to seek a special exception to host historic home events.
2. Exterior Work. Exterior work proposed to be done to the structure 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 home event. The metropolitan historic zoning commission's approval of work shall be granted in writing as a condition for issuance of a zoning permit.
3. Spacing. Where a block face is one thousand feet or less in length, only one historic home event special exception is allowed on the same street block face or on an opposing street block face. Where a block face is over one thousand feet in length, no historic home event shall locate within one thousand feet of another historic home event.
4. Location of Events. Where the lot size is under five (5) acres, the events, including any preparation for the events (including, but not limited to, food preparation), shall be held entirely inside the historically significant structure; the use of any outdoor space shall be prohibited. Where the lot size is greater than five (5) acres, events may be held outside the historically significant structure at the discretion of the board of zoning appeals and subject to conditions imposed by the board of zoning appeals to avoid disturbance to adjacent properties.
5. Parking. In urban settings, the board of zoning appeals may request assessment by the Traffic Engineer of potential on-street parking and consider on-street parking to satisfy all or part of minimum required parking, provided there is a finding of sufficient available on-street parking unused by residents of the block. Where the minimum parking space standard requires additional parking to be constructed on-site, new parking spaces shall be located so as not to adversely impact the continuity of the existing neighborhood context, building rhythm, and streetscape alongside the front, side, and rear of the historic structure. On-site parking shall comply with the perimeter parking lot landscaping according to Chapter 17.24 of this code.
6. Signs. Only those signs in compliance with Section 17.32.040 Exempt Signs, paragraph P, in residential districts, are permitted.
7. Exterior Lighting. Exterior lighting shall be designed, located, and sized to comply with the lighting standards in Chapter 17.28.100 of this code.
8. Meals and Beverages. Meal and beverage service shall be restricted to patrons of the special event only.
9. 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. The applicant shall submit a site plan the clearly establishes the personal living space of the owner of the property, event preparation areas (including, but not limited to, food preparation) and event location areas.
10. Operational Standards. The board of zoning appeals may limit the number and frequency of events, limit the number of attendees per event, and establish other operational standards necessary to minimize disturbance to surrounding properties.

Section 2. 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: John Summers, Mike Jameson

LEGISLATIVE HISTORY

Introduced: September 19, 2006
Passed First Reading: September 19, 2006
Referred to: Planning Commission
Planning & Zoning Committee
Deferred to January 2, 2007: (Public Hearing) November 9, 2006
Passed Second Reading: January 2, 2007 
Deferred to March 20, 2007: January 2, 2007
Deferred to April 17, 2007: March 20, 2007
Deferred Indefinitely: April 17, 2007
Withdrawn: August 21, 2007