2021SP061001
Intelligence
Metro Nashville's traffic calming application voting process is significantly impacted by property ownership patterns; developers and investors (including LLCs) can cast numerous votes due to multiple properties, while renters and major institutions (like public housing authorities such as MDHA) are often excluded or struggle to navigate the process. This structure can disproportionately empower non-resident owners, making it exceptionally challenging for neighborhoods with a high renter population or consolidated ownership to achieve the necessary 66% approval for traffic calming projects.
Metro Nashville Planning staff interprets "two stories" strictly based on occupiable space, considering any occupiable third level a three-story structure, even if Historic Zoning Commission staff defines it as a "half story" fully under roof with dormers. This creates a definitional conflict between departments due to the Metro Code lacking a definition for "half story."
The Board of Zoning Appeals (BZA) chair (or vice-chair) recommends cases for the consent agenda if they believe the cases clearly meet the criteria for the request (e.g., clear hardship for a variance, or special exception conditions are met) and that additional testimony would not alter the facts.
If a Metro Council amendment alters a specific condition from the Planning Commission's recommendation, the bill is reclassified as "disapproved" and requires a supermajority of 27 votes via roll call to pass.
The Metro Nashville Board of Zoning Appeals' authority to grant variances is determined by what the code explicitly *prohibits* them from granting. If a specific zoning condition or section is not enumerated in the prohibitions (17.43.040), the board generally has the legal authority to grant a variance from it, provided hardship can be demonstrated.
The abbreviation "RDN" (Read and Dispensed With) is an internal Metro Council shorthand used to indicate that committee reports for an agenda item have already been received and do not need to be read aloud again.
Metro Nashville's legal team advises on ordinance language for short-term rental (STR) permits to ensure court defensibility. Specifically, changing "permanently reside" to "primary residence" is crucial because "permanently reside" can be challenged in environmental court by tying it to state law's domicile requirement (intent to return), making it harder for the city to defend permit decisions.
Metro Nashville's standard Codes inspections and Historic preservation inspections are managed by entirely separate, non-integrated systems, frequently resulting in builders receiving general codes approvals but missing specific historic inspections, leading to violations and inefficiencies.