2023Z097PR001

If the Planning Commission defers a rezoning and does not provide a recommendation within its 30-day window, it effectively acts as an approval, requiring only a simple majority (21 votes) at Metro Council. However, a council member can defer the bill at the council level to allow the Planning Commission more time to provide a recommendation.

Planning staff will not submit rezoning legislation to the Metro Council if the Planning Commission recommends disapproval, unless the district council member specifically requests it. Even then, the legislation only moves forward at Council if the council member signs it.

The Board of Zoning Appeals (BZA) cannot grant exceptions or variances for changes in land use; if a proposed commercial use (such as parking) is designated as a land use in the zoning code, a rezoning request is the only procedural path to permit it.

The Planning Commission can approve a rezoning request that conflicts with current policy by directing staff to process a 'housekeeping amendment' to modify the community plan policy, particularly if the policy team finds it supportable based on existing development patterns.

In rare, non-opposed cases where a project 'makes sense' to the Planning Commission despite conflicting with current policy, the Commission may approve the rezoning and direct staff to initiate a 'housekeeping amendment' to the policy at a later date, without pausing the zoning process.

When reviewing a straight rezoning request, the Metro Nashville Planning Commission's decision is based on the maximum number of units permitted by the proposed zoning designation, rather than the applicant's stated intention or draft plan for a lower number of units, unless those intentions are formally incorporated as conditions.

If a substitute bill for a rezoning introduces uses not previously considered by the Planning Commission, their original recommendation is automatically considered a disapproval, even if the substitute proposes less density. This often occurs when owner-occupied short-term rentals are introduced.

The Planning Commission's recommendation for a rezoning bill can be considered a 'disapproval' if a substitute bill introduces uses not originally considered, such as owner-occupied short-term rentals, even if the substitute reduces overall density. This is an exception to the general rule that less density does not change the recommendation.