ORDINANCE NO. BL2010-636

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, to add the land use “Historic Bed and Breakfast Homestay” as a special exception (SE) and a use permitted by right (P) rather than a classification of the historic overlay districts, all of which is more particularly described herein (Proposal No. 2010Z-006TX-001).

WHEREAS, Ordinance BL2009-432 was adopted on second reading on July 7, 2009, and deferred indefinitely by the sponsor on July 19, 2009 in order to receive more community input on the proposed zoning changes;

WHEREAS, Ordinance No BL2005-701 amended the Metropolitan Code of Laws, Zoning Regulations, by adding Historic Bed and Breakfast Homestay as a historic overlay district;

WHEREAS, prior to the enactment of Ordinance No. BL2005-701 on August 19, 2005, a Historic Bed and Breakfast Homestay had been a special exception (SE) use or a use permitted by right (P) in certain zoning districts;

WHEREAS, under the prior special exception provisions, the Zoning Administrator notified the Metro Council of a pending Historic Bed and Breakfast Homestay application, and the Metro Council had 60 days from said notification to approve the specific location by Council resolution; and,

WHEREAS, under the prior special exception provisions, if the Metro Council failed to act within 60 days of the Zoning Administrator’s notification, the Board of Zoning Appeals could proceed with its consideration of the application; and,

WHEREAS, it is fitting and proper to make Historic Bed and Breakfast Homestay a use permitted by right in certain districts, and a special exception use subject to Metro Council approval of the specific location and Board of Zoning Appeals review and consideration.

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

Section 1. That Section 17.04.060 (Definitions – Historic Bed and Breakfast Homestay) is hereby amended by deleting the word “three” and inserting the word “four” in its place.

Section 2. That Section 17.08.030 (Zoning Land Use Table) of the Metropolitan Code is hereby amended as follows:

1. By deleting “O” (Overlay) for “Historic Bed and Breakfast Homestay” in all zoning districts where it appears in the table.
2. By inserting “Historic Bed and Breakfast Homestay” as a special exception (SE) use in the AG, AR2a, all RS, all R, all RM, ON, OL, an OG districts.
3. By inserting “Historic Bed and Breakfast Homestay” as a permitted use (P) in the MUN, MUL, MUG, MUI, OR20, OR40, ORI, CN, CL, CS, CA, CF, CC, SCN, SCC, and SCR districts.
Section 3. That Section 17.16.160 (Residential Special Exception Uses) of the
Metropolitan Code is hereby amended by inserting as subsection “A”, Historic Bed and
Breakfast Homestay and relettering subsections A and B accordingly.

A. Historic Bed and Breakfast Homestay.

1. Historic Eligibility. In order for a historic bed and breakfast homestay to operate, it must first be approved by the metropolitan historic zoning commission. A historic bed and breakfast homestay shall contain at least one historically significant structure as defined by Section 17.04.060.

2. Historic Zoning Commission Review. The application with site and architectural plans shall first be referred to and reviewed by the metropolitan historic zoning commission to determine the structure's eligibility for operation as a historic bed and breakfast homestay. The commission shall furnish the board of zoning appeals with written recommendations on the eligibility of structures for such use based on historical significance, as defined in Section 17.04.060.

3. Design Review. If the proposed structure is deemed eligible, 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. If the metropolitan historic zoning commission determines, pursuant to Chapter 17.40, Article IX, that the proposed bed and breakfast structure qualifies for historic preservation or landmark designation, design review guidelines for neighborhood conservation districts shall apply. The metropolitan historic zoning commission's approval of work shall be granted in writing as a condition for issuance of a zoning permit.

4. 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.
5. Bulk Standards. The bulk regulations of the district for a residence shall apply. Overnight guest rooms may be located within historically significant accessory structures.
6. Parking. No more than one off-street parking space shall be provided for each guest room. In the event the required off-street parking cannot be provided on-site, the owner may provide a shared parking agreement with a non-residential use to fulfill up to 50% of the required number of spaces. The commission shall advise on the appropriate location and potential adverse impacts caused by the off-site and off-street parking of vehicles, and may recommend fencing, screening and landscaping to buffer and protect surrounding residential properties.
7. Signage. One sign measuring two feet by three feet shall be permitted for advertising the historic bed and breakfast homestay. The sign may be externally illuminated by a porch light and mounted on the house or a permanent structure attached to the house such as a porch or wall. No other means of external illumination shall be permitted. The sign may advertise the name of the bed and breakfast and a phone number. If a phone number is displayed, it must be in smaller font size than the name of the bed and breakfast.
8. Notification. Prior to conducting a special exception hearing before the board of zoning appeals, and immediately after receiving an application for a historic bed and breakfast homestay, the zoning administrator, shall notify the district councilmember that an application for such use has been submitted. Within thirty days from the date on which the application was filed, the district councilmember may hold a community meeting on the proposed homestay. If a meeting is held, the applicant shall attend and provide information about the homestay, including parking, lighting, hours of operation, signage, and any proposed changes to the exterior façade of the historic home.
9. Transfer Upon Sale of Home. A property owner may transfer the historic bed and breakfast homestay use to a subsequent property owner. If the subsequent property owner desires to continue the historic bed and breakfast homestay, the subsequent property owner shall obtain zoning and sign permit approvals from the metropolitan department of codes administration. A failure to obtain such approvals within thirty (30) calendar days of the property transfer shall make the historic bed and breakfast homestay use illegal. If the subsequent property owner desires to continue the homestay, a special exception (SE) application as provided in this Title shall be submitted for review and approval by the Board of Zoning Appeals.
10. Guest Register. The owner shall maintain and make available to the zoning administrator a guest register for each calendar year.
11. Meal Service shall be restricted to overnight guests only; no cooking facilities shall be permitted in any guest room. In addition, no historic home event shall occur in the home or on the property, whether inside or outside, without separate approval from the Board of Zoning Appeals for a “Historic Home Event”.
12. The metropolitan fire marshal shall approve the structure for safety.

Section 4. That Section 17.36.110.D (Historic Overlay Districts Established:
Historic Bed and Breakfast Homestay) of the Metropolitan Code is hereby deleted in its
entirety.

Section 5. That Section 17.36.120.C (Historic Districts Defined: Historic Bed and
Breakfast Homestay) of the Metropolitan Code is hereby deleted in its entirety.
Section 6. That Section 17.40.280 (Special Exception Uses: Authority) of the Metropolitan Code is hereby amended by inserting after the second sentence in that paragraph: “The specific location of a historic bed and breakfast homestay” shall first be approved by a resolution adopted by the metropolitan council prior to the public hearing by the board of zoning appeals. In addition, Tt…”

Section 7. 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: Kristine LaLonde, Mike Jameson, Vivian Wilhoite