An Ordinance amending Chapters 17.04, 17.08, 17.16, 17.36, and 17.40 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to the regulation of the historic bed and breakfast homestay and historic home event uses, all of which is more specifically described herein (Proposal No. 2007Z-032T).

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 17.04.060, Definition of General Terms, by deleting the definitions for Historic Bed and Breakfast Homestay and Historic Home Event and replacing them with the following:

"Historic Bed and Breakfast Homestay" means a building or structure containing three or fewer furnished guest rooms for pay within a private, owner-occupied structure which has been determined to be historically significant by the Metro Historic Zoning Commission. Meals may be provided to overnight guests, and the maximum stay for any guest shall be fourteen consecutive days within any 60 day period.

"Historic Home Event" means the hosting of private events such as, but not limited to, weddings or parties for hire by contract with a third party or parties in a private, owner occupied home which has been judged by the Metro Historic Zoning Commission to meet the criteria of Section 17.16.160 B. Under no circumstances shall the direct offering of a party or special event by the property owner to the general public for a fee or "cover charge" be construed as a Historic Home Event.

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 Section 17.08.030, Zoning District Land Use Table, as follows:

1. By amending the key for the land use table to add "NLO - Neighborhood Landmark Overlay".
2. By deleting the "SE" zoning designation in the table under "residential" and "AG" uses for "Historic Bed and Breakfast Homestay" and substituting in lieu thereof the zoning designation "NLO" for Neighborhood Landmark Overlay.

3. By designating "Historic Bed and Breakfast Homestay" and "Historic Home Event" as permitted ("P") in all other zoning categories. 

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 17.16.150, General Provisions, as follows:

1. By amending subsection A. by adding the following provision at the end thereof:

"The Zoning Administrator shall provide, and the Board of Zoning Appeals shall consider, a complete record of any and all zoning and codes enforcement actions taken against an applicant at any location, including, but not limited to, abatement letters, notice of violations, citations, and show cause hearings. The Board of Zoning Appeals may disapprove an application based on past violations of any zoning or codes provisions, or failure by the applicant to abide by conditions imposed by the Board of Zoning Appeals, under a previously issued permit."

2. By adding the following provision as subsection H:

H. Plan Compatibility. The special exception shall be consistent with the applicable community plan as adopted under T.C.A. §13-3-301 and T.C.A. §13-4-201. The Metropolitan Planning department shall provide a recommendation on the proposed use's compatibility with such plan. The Metropolitan Planning department shall also provide a recommendation on the proposed use's compatibility with the character of the neighborhood and surrounding area.

3. By adding the following provision as subsection I:
I. Enforcement. Applicants and holders of special exception permits are expected at all times to comply with the Metropolitan Code of Laws including, but not limited to, property standards code and zoning regulations. Furthermore, applicants and holders of special exception permits are expected at all times to honor and abide by representations and guarantees made before the Board of Zoning Appeals.

At such time that the Metropolitan Government takes three (3) or more zoning and/or codes enforcement actions against a special exception permit holder within a twelve (12) month period, including, but not limited to abatement letters, notice of violations, and/or citations, the Zoning Administrator shall request a show cause hearing before the Board of Zoning Appeals to consider revocation or modification of a special exception permit. The Zoning Administrator shall provide, and the Board of Zoning Appeals shall consider, a complete record of any and all zoning and codes enforcement actions taken against a special exception permit holder. The Zoning Administrator’s request for a show cause hearing shall be made within 30 days of the most recent violation.

A show cause hearing shall also be requested by the Zoning Administrator when the Zoning Administrator becomes aware that a special exception permit holder has not honored and abided by representations and guarantees made before the Board of Zoning Appeals. At such time that the Zoning Administrator becomes aware that the special exception permit holder has not honored and abided by its own representations and guarantees, the Zoning Administrator shall, within 30 days, request a show cause hearing before the Board of Zoning Appeals to consider revocation or modification of the special exception permit. The Zoning Administrator shall provide and the Board of Zoning Appeals shall consider a complete record of those facts and circumstances that the Zoning Administrator has deemed to be inconsistent with representations and guarantees made by the special exception holder before the Board of Zoning Appeals.

The show cause hearings that are a result of this section shall be subject to all public hearing notice requirements of this Title.

Section 4.      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 B and substituting in lieu thereof the following:

B. Historic Home Events

1. Lot Size. The minimum bulk standard for the zoning district shall apply.

2. Historic Significance. Historic home events shall take place within the primary structure on a property that meets one or more of the following criteria as determined by Metro Historic Zoning Commission:

a. The Historic Home Event structure 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 individually listed or is eligible for listing in the National Register of Historic Places.

3. Event Size & Location: Historic Home events shall be held in accordance with the following unless otherwise further limited by the Board of Zoning Appeals:

a. Number of Persons: The number of persons at a historic home event shall include all guests, caterers, servers, preparation staff, musicians, entertainers, valets, etc.,

b. Monday – Thursday: Events may be held with 30 or fewer persons or that number of people deemed by the Fire Marshall to be the maximum occupancy of the building, whichever is less.

c. Friday – Saturday: Events may be held with up to 100 persons or that number of people deemed by the Fire Marshall to be the maximum occupancy of the building, whichever is less.

d. All events including preparation, set-up, music, serving, seating, cooking, etc shall be held entirely inside the historic structure. If there is more than one historic structure on the property, all event activity shall take place entirely within the primary historic structure on the property.

4. Event Frequency: There shall be no more than one (1) historic home event per week, regardless of event size. No averaging of events shall occur over a calendar year.

5.  Event Time and Duration: Historic Home events shall be held in accordance with the following unless otherwise further limited by the Board of Zoning Appeals:

a. Monday – Thursday: Set-up and preparation shall commence no earlier than 9:00 am and take-down and clean-up shall end no later than 9:00pm.

b. Friday and Saturday: Set-up and preparation shall commence no earlier than 9:00 am and take-down and clean-up shall end no later than 11:00 pm.

c. Sunday: No events of any size shall be held on Sunday.

6. Event Notification: An event notification plan shall be prepared by the applicant and submitted to the Board of Zoning Appeals for approval. Such plan shall identify the method by which property owners and residents both abutting and adjoining the proposed historic home event and /or any off-site parking facilities, shall be notified of the historic home event date, time, duration and size and any cancellations and changes. The Board of Zoning Appeals may modify such plan as it deems necessary to provide the intended notification in a reasonable and timely manner.

7. Changes to the structure. The granting of a Historic Home Event special exception is predicated on preservation and restoration in accordance with the Secretary of the Interior Standards for the Treatment of Historic Properties. It shall be incumbent on the applicant to see that all work both interior and exterior meet the Secretary of the Interior Standards for the Treatment of Historic Properties. Failure to do so shall result in revocation of special exception permit.

The applicant may avail themselves of the consulting services offered by the staff of the Metro Historic Zoning Commission, when necessary, to ensure compliance with the Secretary of Interior Standards. The Zoning Administrator and the Director of Codes Administration shall seek the advice of the Metro Historic Zoning Commission staff when approving changes to the Historic Home Event structure. Only those changes which alter or otherwise affect the historic significance of the property shall be considered.

8. Parking. All guest and employee parking shall be accommodated on-site or off-site through the use of valet or shuttle services pursuant to a parking plan to be approved by the Board of Zoning Appeals. Such plan shall describe and identify how parking services shall be provided, and in the case of shuttle services, the frequency of service. Shuttle services shall be provided within the “Event Time and Duration” as defined in this subsection. Shuttle buses shall seat no more than 25 persons. The Board of Zoning Appeals may permit limited on-street parking in those instances where the historic home event property has sufficient street frontage. In the event the Board of Zoning Appeals authorizes limited on-street parking, such authorization shall be in accordance with a plan submitted to and approved by the Board of Zoning Appeals. Such plan shall include provisions to facilitate enforcement. 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, 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.
 
9. Signs. No sign in excess of four (4) square feet shall be permitted. Signs shall have no interior illumination.
 
10. Exterior Lighting. Exterior lighting should be located on existing structures or natural features. In the event that independent poles or stanchions are necessary, the design, location and size of such poles or stanchions shall be reviewed and recommended by the staff of the Metro Historic Zoning Commission.
 
11. Meals and Beverages. Meal and beverage service shall be restricted to those guests invited by the host(s) with whom the historic home event property owner has contracted to provide services. Under no circumstances shall the property owner of a historic home event venue offer directly to the general public parties or other special events for a fee or “cover” charge. All meals and beverages shall be provided under contract with a third party caterer. Under no circumstances shall the property owner of a historic home event venue offer directly catering services. The historic home event property owner shall at all times comply with Title 7 of the Metro Code of Laws and Chapter 4 Title 57 of the Tennessee Code Annotated. A finding by the applicable state or local authorities that the property owner has failed to comply with applicable regulations controlling the sale of alcoholic beverages shall result in a revocation of the special exception permit.

12. Owner-Occupied. The owner of the property must reside permanently in the primary historic structure. 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 primary historic structure. If two or more persons own equal shares that represent the largest ownership, at least one of the persons shall reside permanently in the primary historic structure. The applicant shall submit a site plan that 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.

13. Noise. There shall be no amplified music or sound whatsoever.

14. Duration and transferability of special exception permit. Historic Home Event special exception permit(s) shall last no more than a total of five (5) years and at the Board of Zoning Appeal’s discretion may have a shorter duration. A Historic Home event special exception permit may not be renewed for more than a total of five (5) years. A Historic Home event special exception permit cannot be transferred from one property owner to another. Each qualified property may be granted a Historic Home Event special exception permit(s) for a maximum total of five (5) years. The Board of Zoning Appeals may also impose a periodic review of the special exception permit.

Section 5.      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 17.36.110 by deleting subsection D. "Historic Bed and Breakfast Homestay (HB) District" in its entirety.
 

Section 6.      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 17.40.160 as follows:

1. By adding the following new subsection F. 6.: 

"6. Compliance with the Secretary of the Interior Standards for the Treatment of Historic Properties. Changes to any feature that is listed on the National Register of Historic Places, or eligible for listing on the National Register of Historic Places, shall be done in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Properties."

1. By deleting subsection J. "Metro Historic Zoning Commission Action" in its entirety and substituting in lieu thereof the following new provisions:

"J. Metro Historic Zoning Commission Action. Any existing or proposed Neighborhood Landmark district containing any feature located within an historic overlay district shall first be referred to, and reviewed by, the Metropolitan Historic Zoning Commission for conformance with the relevant guidelines. Any existing or proposed Neighborhood Landmark district containing any feature listed on the National Register of Historic Places or identified as eligible for listing on the National Register of Historic Places shall first be referred to, and reviewed by, the staff of the Metropolitan Historic Zoning Commission to determine the effects of the proposed Neighborhood Landmark district on the historic property. The Metropolitan Historic Zoning Commission shall provide a written recommendation to the Planning Commission on any aspects of the proposed Neighborhood Landmark district that would be in conflict with adopted requirements, guidelines or standards.

Adoption of the Neighborhood Landmark shall not relieve any property owner from full compliance with the adopted regulations and guidelines of the applicable historic overlay guidelines."

Section 7.      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 17.40.340 as follows:

1. By adding “nor the general or specific provision of a special exception” after “Section 17.36.070 (C) (PUD)”. 

 Section 8.      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: Emily Evans