2024-244

The Board of Zoning Appeals (BZA) can only approve an Item A appeal challenging a non-conforming use denial if it determines that zoning staff made a factual error regarding the 30-month rule for loss of grandfathered status.

An "item A appeal" before the Board of Zoning Appeals challenges whether the zoning administrator made a mistake, but in Short Term Rental (STR) cases, especially those involving operating without a permit, it is rare for the BZA to find that staff erred due to available evidence like advertisements and applicant testimony.

The Zoning Administrator's interpretation of the zoning code is binding for a case unless formally appealed via an "item A appeal." Successive Zoning Administrators generally do not overturn prior ZA's interpretations mid-case, even if they personally disagree with the classification.

For Item A appeals, the appellant presents first (up to 10 minutes, can reserve rebuttal time), followed by parties supporting the zoning administrator (up to 5 minutes), and then the zoning administrator (up to 5 minutes), with the appellant having the sole right to rebut all other testimony.

In Metro Nashville, an Item A appeal (appealing the zoning administrator's interpretation) is heard first because its outcome is dispositive; if the appeal is upheld, the related special exception case is withdrawn.

Item A appeals, which challenge the Zoning Administrator's interpretation of the code, follow a specific presentation order: applicant first, then staff, then supporters/opponents, then applicant rebuttal.

Interpretation of the Metro Nashville zoning code is the unique province of the Zoning Division and, more specifically, the Zoning Administrator, especially in Item A appeals.