2023-63

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.

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.

If a motion for a variance at the Board of Zoning Appeals receives fewer than four affirmative votes (resulting in a tie or failure), the motion "hangs" on the agenda for 30 days, allowing absent members to become eligible to vote or present members to change their vote at the next meeting.

The Board of Zoning Appeals generally lacks jurisdiction to vary from the Floor Area Ratio (FAR) limits in Table 17-12-20, but *does* have jurisdiction for specific gross floor area limits found in other code sections, such as the 2,500 sq ft limit for medical offices under 17-16-060A. These specific FAR variances are treated like other variances, requiring a hardship.

When the Board of Zoning Appeals (BZA) denies a variance request related to sidewalk construction or in-lieu payments, the original decision of the Sidewalk Waiver Committee (or the recommending body like Planning/Codes) typically stands as the default outcome.

The Board of Zoning Appeals often approves variances for accessory structures that are comparable in size to a DADU but lack plumbing or kitchenettes, as a way to allow needed space while proactively preventing the structure from being used as an unpermitted short-term rental.

If a variance case before the Metro Nashville Board of Zoning Appeals (BZA) fails to pass due to insufficient votes (e.g., a tie), it will be automatically placed on a subsequent agenda, allowing absent members to review the prior testimony and become eligible to vote.

The Board of Zoning Appeals (BZA) is sensitive to potential "detrimental reliance" claims against Metro when a permit was issued, even if later found to be erroneous, and this can influence variance decisions.