2022-157

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.

Special exception approvals granted by the Board of Zoning Appeals are valid for two years, requiring re-approval if construction has not commenced within that timeframe.

The Board of Zoning Appeals (BZA) has historically considered limiting special exceptions to the current owner and property profile, preventing the exception from running with the land, especially when neighbors express concerns about future sales and commercialization.

The Board of Zoning Appeals (BZA) has the discretion to require studies (e.g., traffic or parking) for special exceptions, even if the code uses permissive language like "may," especially when NDOT recommends it. The board may defer cases to ensure these studies are completed.

The Board of Zoning Appeals (BZA) historically denies special exceptions for home daycares if the operator does not reside in the home, sometimes leading applicants to become tenants to qualify.

Special exception applications for religious institutions in Metro Nashville are subject to RLUIPA (Religious Land Use and Institutionalized Persons Act) and state religious protection laws, which means the board approaches them with a different lens and finds them "extremely difficult to deny" if general standards are met. The board's primary method for addressing neighbor concerns in these cases is to impose protective conditions rather than outright denial.

"Viewscapes" or "viewshed" is not an enumerated criterion for special exceptions under zoning code 17.12.060.F.3, meaning the Board of Zoning Appeals does not legally consider it in their decision-making, despite it often being a public concern.

A neighborhood meeting is a mandatory requirement for all special exceptions before the Metro Nashville Board of Zoning Appeals (BZA); failure to hold one will result in postponement, as a past court order overturned an approval due to this omission.