SUBSTITUTE ORDINANCE NO. BL2013-451

An Ordinance amending Sections 17.04.060 and 17.16.250 of Title 17 of the Metropolitan Code, Zoning Regulations, pertaining to professional service home businesses (Proposal No. 2013Z-010TX-001).

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

Section 1. That Section 17.04.060 of the Metropolitan Code is hereby amended by adding the following new definition:

“Professional service home business” means an accountant licensed by the Tennessee board of accountancy, an attorney licensed by the Tennessee supreme court, or an investment advisor registered with the Tennessee commissioner of commerce and insurance and/or the U.S. securities exchange commission operating out of his/her residential dwelling.

Section 2. That Section 17.16.250 of the Metropolitan Code is hereby amended by deleting the first sentence of subsection D. and substituting with the following:

“D. Home Occupation. A home occupation, other than a professional service home business as provided below, shall be considered an accessory use to a residence subject to the following:”

Section 3. That Section 17.16.250 of the Metropolitan Code is hereby amended by adding the following new appropriately-designated subsection:

“X. Professional service home businesses. Professional service home businesses shall be considered an accessory use to a residence subject to the following:
1. Applicability. No professional service home business shall be initiated until the Zoning Administrator has received an application with all applicable fees. In addition, the Zoning Administrator may establish reasonable conditions on the operation of any professional service home business, or refer an application to the Board of Zoning Appeals for a determination. All professional service home businesses shall be subject to the provisions of this section regardless of whether a business license has been obtained from the County Clerk.
2. The eligible area of a professional service home business shall be as follows:
a. It shall occupy no more than the equivalent of twenty percent (20%) of the total gross floor area of the principal dwelling unit, or 500 square feet of gross floor area, whichever is less.
b. It shall be conducted in the principal dwelling, a garage, a storage building, or other accessory structure.
3. Alteration of Residence. The professional service home business shall not alter the residential character or appearance of the principal dwelling, accessory building, or premises, its fire code or building code classifications, or have separate utility service or capacity beyond what is customary for the residential dwelling unit’s size.
4. Occupancy. The owner of the property must reside permanently in the dwelling unit as a principal residence.
5. Employees working on site at the professional service home business are limited to persons who reside in the home and one non-resident employee.
6. Client visits shall only be allowed by scheduled appointment during the hours of 8:00 a.m. to 9:00 p.m., and subject to the following restrictions:
a. No more than two visits per hour;
b. No more than a total of 10 visits per day; and
c. No truck deliveries or pick-ups, except by public or private parcel services.
7. Parking for the professional service home business shall be in compliance with Section 16.24.330.K.3 of the Metro Code. However, in no case shall additional parking spaces be created on the property for the professional service home business.
8. Structural alterations to the interior or exterior of the principle structure or accessory building that change its residential character shall not be permitted.
9. Only those goods, materials, or items utilized or produced in connection with the professional service home business may be stored within the dwelling unit or accessory structure designated for the professional service home business. No storage shall occur on any deck, carport, unenclosed porch or structure, or outdoor area.
10. Signs, advertising, or any other display indicating that the dwelling unit or accessory building is being utilized, in whole or in part, for any purpose other than a residence shall be prohibited.
11. Number of Permits. No more than two professional service home business permits shall be granted per a residential dwelling unit.
12. Business License. In conjunction with the submission of a professional service home business application, the applicant shall provide a copy of a valid, unexpired business license, from the State of Tennessee, if required, for the proposed professional service business. If a business license is not renewed, the professional service home business permit shall become void.
13. Permit Transferability. A professional service home business permit shall not be transferred or assigned to another person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the professional service home business. Upon termination of the occupant’s residency, the professional service home business permit shall become null and void.
14. Revocation of Permit. Upon the filing of three or more complaints within a calendar year regarding a professional service home business permit, the Zoning Administrator shall notify the permit holder in writing of such complaints and the Zoning Administrator will determine whether such complaints are valid. If it is determined that violations have occurred, the Zoning Administrator may revoke a permit as provided in Section 17.40.590. The permit holder may appeal the Zoning Administrator's decision to the Board of Zoning Appeals for a public hearing as provided in this Title.”

Section 4. This Ordinance shall take effect immediately 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