ORDINANCE NO. BL2011-858

An Ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, to modify the requirements applicable to home occupations (Proposal No. 2010Z-025TX-001).

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

Section 1. That Section 17.16.250 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting the provisions of subsection C. and substituting with the following new provisions:

C. Home Occupation. A home occupation shall be considered an accessory use to a residence subject to the following:
1. The home occupation shall be conducted in a dwelling unit or accessory building by the occupants of the dwelling unit or by members of the family of the occupants of the dwelling unit, and such use shall be incidental and secondary to the use of the dwelling unit as a residence. Such home occupation use shall not alter the existing residential character of the principle dwelling or the accessory building. No more than one part-time or full-time employee not living within the dwelling may work at the home occupation location. No home occupation, nor any storage of goods, materials, or products connected with a home occupation, shall be allowed outside of the principle dwelling or accessory building.
2. Visitors, customers, clients and/or deliveries shall be limited to two per hour. In any case, no combination of visitors, customers, clients and/or deliveries may exceed a total of eight per day.
3. Sufficient off-street parking shall be provided for clients and customers on a paved or graveled area not exceeding twenty five percent of the lot area for residential property per section 16.24.330 of the metropolitan code. The home occupation shall not displace or impede the use of required parking spaces for primary or accessory dwelling units. No exterior expansion of parking is allowed.
4. The direct sales of commodities, goods, wares, materials, merchandise or products to the general public is prohibited, however orders may be filled on the premises to persons by prior individual oral or written invitation, or if placed earlier by a customer by phone, mail, internet or off-site sales parties.
5. The home occupation shall not occupy more than twenty-five percent of the total floor area of the principal structure and in no event more than five hundred square feet of floor area. A home occupation shall not occupy more than five hundred square feet of an accessory building or garage.
6. One non-illuminated sign shall be permitted not exceeding six square feet in size and five feet in height and must be attached to the primary residence. There shall be no other display whatsoever that indicates the building is used in whole or in part for any purpose other than as a residence.
7. No electrical, mechanical or chemical equipment that is not normally associated with residential uses shall be permitted. The home occupation shall not create dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance to neighboring radio or television reception; glare, liquid or solid refuse or other waste; or other objectionable substance, condition or element.
8. The storage of materials or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards:
a. All materials or goods shall be stored completely within the space designated for home occupation activities.
b. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building.
c. All materials or goods shall be stored completely within the dwelling unit or accessory building.
d. No hazardous material other than those commonly found within a residence shall be used or stored on site. Such materials and equipment shall be limited to quantities that do not constitute or violate any fire, health or safety codes.
9. Structural alterations to the interior or exterior of the principle structure or accessory building that change its residential character shall not be permitted.
10. The manufacture or repair of transportation equipment shall not be permitted as a home occupation.
11. Vehicles associated with the home occupation shall be limited to one vehicle with a maximum axle load capacity of one and one-half tons.
13. No home occupation shall be initiated until a current business license is obtained pursuant to Article III of Chapter 5.16 of the metropolitan code.
14. The home occupation shall not encroach into any required setback.

Section 2. 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: Mike Jameson