Home Occupation Bill: Ordinance No. BL2011-858
From what I read, this bill prohibits home recording studios in Davidson County! And it's moving quick. It past the 1st reading last night at a public hearing. There's a Council Meeting May 3, at 6 pm on it.
This will effect a lot of people in our industry!
Read below....
3. 2011Z-003TX-001
BL2011-858 / JAMESON
HOME OCCUPATION
Staff Reviewer: Jennifer Regen
A request to modify the Metro Zoning Code, Section 17.16.250 (Accessory Uses: Home Occupation), to modify regulations
pertaining to "Home Occupations", requested by Councilmember Mike Jameson.
Staff Recommendation: APPROVE proposed substitute bill
CRITICAL PLANNING GOALS
•Encourages Housing Maintenance and Neighborhood Stability
•Supports Infill Development
•Efficient Use of Existing Housing and Infrastructure
•Preserves Historic Resources
This council bill, and the proposed text amendment, both support maintaining, preserving, and supporting Nashville's housing stock and infrastructure. It accomplishes this by allowing homeowners and residents to use a small portion oftheir home for a business. Allowing for this accessory use in the agricultural and residential zoning districts promotes homeownership, rental property maintenance, and efficient use ofexisting infrastructure by promoting reinvestment in existing neighborhoods.
APPLICATION DETAILS
This request is to modify the home occupation standards by creating two different permit tiers: Tier 1 (no customers) and Tier 2 (customers). Under Tier 2, a client or customer can come to a home by appointment in the AG, AR2a, R, and RS zoning districts. In addition, it renames the land use from "home occupation" to "home business".
Analysis
The current home occupation standards in the Zoning Code prohibit customers from coming to a residential property where a home business is located. A council bill has been filed, BL2011-858, and a substitute bill is proposed, that would allow customers under certain conditions. The proposed substitute creates a two-tiered home business: Tier 1 (no customers); Tier 2 (customers). Tier 1 permits would be approved administratively by the Codes Department as these kinds of home businesses are approved today. Tier 2 permits would be acted upon after a public hearing is held by the Board of Zoning Appeals (BZA). The BZA will review a Tier 2 home business application against the specified standards detailed in the proposed substitute bill and the general provisions contained in Section 17.16.150 ofthe Zoning Code.
Permitted Uses
Existing Code: Any activity is allowed provided no customers/clients come to the home, no outdoor activities, emissions, noise, glare, etc. occur.
Proposal: Under both ofthe home business tiers, general office and cottage industry activities are permitted. Under Tier 2, personal instruction is also allowed and any permitted activity may also have clients and customers come to the home.
•General Office (non-medical);
•Cottage Industry where persons are engaged in the onsite production of goods or services such as, but not limited to:
Prohibited Uses
Existing Code: Automobile-related uses are prohibited as a home business
Proposal: The following uses would be prohibited as a home business, in addition to any automobile-related uses:
•Animal boarding, grooming, bathing, or exercising; animal day care;
•Automobile/farm/lawn equipment sales, rentals, detailing, washing, repair, dismantling, storage, or salvage; engine or machine shops;
•Bed and breakfast;
•Direct retail sales;
•Divination (palm reading, fortune-telling, etc);
•Kennel;
•Nail salon;
•Recording studio;
•Rental or leasing ofhomes for special events and gatherings;
•Restaurants;
•Small appliance repair;
•Tattoo Itanning I body-piercing;
•Wedding chapel;
•Wrecker service; or,
•Any businesses where employees come to the home and then are dispatched to other locations.
Location
Existing Code: A home business can operate in the home, garage and/or an accessory structure. No outdoor operations.
Proposal: Same as existing code, except:
•Under Tier 2, a swim or tennis instructor may conduct lessons outside.
•Under either tier, a business must operate in one structure only to better enable code enforcement.
Maximum Size
Existing Code: 20% of finished floor area in home or 500 square feet, whichever is less, and excluding garage and other unheated space.
Proposal: No change.
Employees
Existing Code: A home business can employ an unlimited number of family members who reside in the home and one non-resident employee who does not live in the home.
Proposal: Same as existing code, except:
•Clarifies "employee" as being anyone who works in the home, regardless of whether compensation is received;
•Clarifies calculation of a part-time or full-time employee shall not include the use of full-time equivalents;
Occupancy
Existing Code: A home business can be operated by the property owner or a tenant.
Proposal: No change.
Clients/Customers
Existing Code: No customerslclients are allowed to visit the home.
Proposal: Under Tier 1, no change. Under Tier 2, clients and customers can visit the home between the hours of 8 a.m. to 6 p.m., Monday -Friday with these restrictions:
•No more than 2 visits per hour;
•No more than 12 visits per day during those hours;
•A "visit" means any trip made to the property for any purpose.
Deliveries
Existing Code: No restriction on the type or frequency of deliveries to a home.
Proposal: Under Tier 1, no change. Under Tier 2, deliveries are restricted to 8 a.m. to 6 p.m., Monday thru Friday. Deliveries also count as a "visit" to the home.
Storage
Existing Code: Indoor storage can occur only with no outdoor storage.
Proposal: No change except to clarify that a porch, deck, patio, and carport are not eligible for storage. Also, clarifies property cannot be used to store items sold offpremises.
Signs
Existing Code: No sign allowed advertising business on home, mailbox, yard, or any vehicle.
Proposal: No change, except allows for one, nonilluminated plaque measuring a maximum of 1 square foot to identify the home business mounted to the wall. The plaque will enable better code enforcement as neighbors and inspectors will know they have the right house when reporting a possible violation.
Parking
Existing Code: Residents and employees can park onstreet or off-street.
Proposal: No change except customer and clients can park or wait on the property only; they cannot park or wait on-street.
Vehicles
Existing Code: Only one large passenger vehicle is allowed that weighs no more than one and one-half tons.
Proposal: Clarifies what vehicles are allowed by defining what constitutes a "passenger vehicle".
Number of Permits
Existing Code: Multiple permits for same residence.
Proposal: One permit per residence.
Permit Transferability
Existing Code: Not addressed.
Proposal: Clarifies home business permit is good for one residential address, and cannot be assigned or transferred to another entity or address. Further, when the permit holder no longer lives at the address, the permit becomes null and void.
Notification
Existing Code: None required.
Proposal: No change, except:
•Under Tier 2, prior to submittal ofan application for a home business, the applicant must send a letter by registered mail, return receipt to all abutting and adjacent owners. The letter will describe the proposed home business.
•Under Tier 2, prior to the BZA's consideration ofthe home business as a special exception use, all property owners within 600 feet ofthe property will be notified by mail ofthe date, time, and location of the public hearing.
Business License
Existing Code: Not addressed.
Proposal: In conjunction with the submittal ofa home business application to the Codes Department, the applicant is required to submit a copy of a valid business license, from the State ofTennessee, if a license is required by the state.
CODES ADMINISTRATION RECOMMENDATION
The proposed substitute bill can be administered by the Codes Department, however, the department does have concerns about its enforcement. Specifically, allowing customers and clients to visit the home. The Codes Department does not have sufficient staff to observe home businesses for extended periods of time to determine whether a violation has occurred.
STAFF RECOMMENDATION
Staff recommends approval ofthe proposed substitute text amendment. It recognizes the evolution of home occupation businesses given the advent of technology, flexible work schedules, and dual income families.
SUBSTITUTE ORDINANCE NO. BL2011-858 can be found http://nashville.gov/mpc/docs/meetings/2011/110428sr.pdf
page 20 - 25
•Encourages Housing Maintenance and Neighborhood Stability
•Supports Infill Development
•Efficient Use of Existing Housing and Infrastructure
•Preserves Historic Resources
This council bill, and the proposed text amendment, both support maintaining, preserving, and supporting Nashville's housing stock and infrastructure. It accomplishes this by allowing homeowners and residents to use a small portion oftheir home for a business. Allowing for this accessory use in the agricultural and residential zoning districts promotes homeownership, rental property maintenance, and efficient use ofexisting infrastructure by promoting reinvestment in existing neighborhoods.
APPLICATION DETAILS
This request is to modify the home occupation standards by creating two different permit tiers: Tier 1 (no customers) and Tier 2 (customers). Under Tier 2, a client or customer can come to a home by appointment in the AG, AR2a, R, and RS zoning districts. In addition, it renames the land use from "home occupation" to "home business".
Analysis
The current home occupation standards in the Zoning Code prohibit customers from coming to a residential property where a home business is located. A council bill has been filed, BL2011-858, and a substitute bill is proposed, that would allow customers under certain conditions. The proposed substitute creates a two-tiered home business: Tier 1 (no customers); Tier 2 (customers). Tier 1 permits would be approved administratively by the Codes Department as these kinds of home businesses are approved today. Tier 2 permits would be acted upon after a public hearing is held by the Board of Zoning Appeals (BZA). The BZA will review a Tier 2 home business application against the specified standards detailed in the proposed substitute bill and the general provisions contained in Section 17.16.150 ofthe Zoning Code.
Permitted Uses
Existing Code: Any activity is allowed provided no customers/clients come to the home, no outdoor activities, emissions, noise, glare, etc. occur.
Proposal: Under both ofthe home business tiers, general office and cottage industry activities are permitted. Under Tier 2, personal instruction is also allowed and any permitted activity may also have clients and customers come to the home.
•General Office (non-medical);
•Cottage Industry where persons are engaged in the onsite production of goods or services such as, but not limited to:
•Artists, sculptors, photography; ceramics, jewelry making, dress-making, tailoring, sewing, ironing, home crafts;
•Baking, preserving, cooking, catering;
•Barber or beauty shop;
•Catalog or internet sales;
•General Office excludes medical office per current Zoning Code definition of this land use;
•Licensed massage therapy;
•Personal counseling;
•Upholstery;
•Watch or clock repair;
•Woodworking.
•Baking, preserving, cooking, catering;
•Barber or beauty shop;
•Catalog or internet sales;
•General Office excludes medical office per current Zoning Code definition of this land use;
•Licensed massage therapy;
•Personal counseling;
•Upholstery;
•Watch or clock repair;
•Woodworking.
Prohibited Uses
Existing Code: Automobile-related uses are prohibited as a home business
Proposal: The following uses would be prohibited as a home business, in addition to any automobile-related uses:
•Animal boarding, grooming, bathing, or exercising; animal day care;
•Automobile/farm/lawn equipment sales, rentals, detailing, washing, repair, dismantling, storage, or salvage; engine or machine shops;
•Bed and breakfast;
•Direct retail sales;
•Divination (palm reading, fortune-telling, etc);
•Kennel;
•Nail salon;
•Recording studio;
•Rental or leasing ofhomes for special events and gatherings;
•Restaurants;
•Small appliance repair;
•Tattoo Itanning I body-piercing;
•Wedding chapel;
•Wrecker service; or,
•Any businesses where employees come to the home and then are dispatched to other locations.
Location
Existing Code: A home business can operate in the home, garage and/or an accessory structure. No outdoor operations.
Proposal: Same as existing code, except:
•Under Tier 2, a swim or tennis instructor may conduct lessons outside.
•Under either tier, a business must operate in one structure only to better enable code enforcement.
Maximum Size
Existing Code: 20% of finished floor area in home or 500 square feet, whichever is less, and excluding garage and other unheated space.
Proposal: No change.
Employees
Existing Code: A home business can employ an unlimited number of family members who reside in the home and one non-resident employee who does not live in the home.
Proposal: Same as existing code, except:
•Clarifies "employee" as being anyone who works in the home, regardless of whether compensation is received;
•Clarifies calculation of a part-time or full-time employee shall not include the use of full-time equivalents;
Occupancy
Existing Code: A home business can be operated by the property owner or a tenant.
Proposal: No change.
Clients/Customers
Existing Code: No customerslclients are allowed to visit the home.
Proposal: Under Tier 1, no change. Under Tier 2, clients and customers can visit the home between the hours of 8 a.m. to 6 p.m., Monday -Friday with these restrictions:
•No more than 2 visits per hour;
•No more than 12 visits per day during those hours;
•A "visit" means any trip made to the property for any purpose.
Deliveries
Existing Code: No restriction on the type or frequency of deliveries to a home.
Proposal: Under Tier 1, no change. Under Tier 2, deliveries are restricted to 8 a.m. to 6 p.m., Monday thru Friday. Deliveries also count as a "visit" to the home.
Storage
Existing Code: Indoor storage can occur only with no outdoor storage.
Proposal: No change except to clarify that a porch, deck, patio, and carport are not eligible for storage. Also, clarifies property cannot be used to store items sold offpremises.
Signs
Existing Code: No sign allowed advertising business on home, mailbox, yard, or any vehicle.
Proposal: No change, except allows for one, nonilluminated plaque measuring a maximum of 1 square foot to identify the home business mounted to the wall. The plaque will enable better code enforcement as neighbors and inspectors will know they have the right house when reporting a possible violation.
Parking
Existing Code: Residents and employees can park onstreet or off-street.
Proposal: No change except customer and clients can park or wait on the property only; they cannot park or wait on-street.
Vehicles
Existing Code: Only one large passenger vehicle is allowed that weighs no more than one and one-half tons.
Proposal: Clarifies what vehicles are allowed by defining what constitutes a "passenger vehicle".
Number of Permits
Existing Code: Multiple permits for same residence.
Proposal: One permit per residence.
Permit Transferability
Existing Code: Not addressed.
Proposal: Clarifies home business permit is good for one residential address, and cannot be assigned or transferred to another entity or address. Further, when the permit holder no longer lives at the address, the permit becomes null and void.
Notification
Existing Code: None required.
Proposal: No change, except:
•Under Tier 2, prior to submittal ofan application for a home business, the applicant must send a letter by registered mail, return receipt to all abutting and adjacent owners. The letter will describe the proposed home business.
•Under Tier 2, prior to the BZA's consideration ofthe home business as a special exception use, all property owners within 600 feet ofthe property will be notified by mail ofthe date, time, and location of the public hearing.
Business License
Existing Code: Not addressed.
Proposal: In conjunction with the submittal ofa home business application to the Codes Department, the applicant is required to submit a copy of a valid business license, from the State ofTennessee, if a license is required by the state.
CODES ADMINISTRATION RECOMMENDATION
The proposed substitute bill can be administered by the Codes Department, however, the department does have concerns about its enforcement. Specifically, allowing customers and clients to visit the home. The Codes Department does not have sufficient staff to observe home businesses for extended periods of time to determine whether a violation has occurred.
STAFF RECOMMENDATION
Staff recommends approval ofthe proposed substitute text amendment. It recognizes the evolution of home occupation businesses given the advent of technology, flexible work schedules, and dual income families.
SUBSTITUTE ORDINANCE NO. BL2011-858 can be found http://nashville.gov/mpc/docs/meetings/2011/110428sr.pdf
page 20 - 25
Replies to This Discussion
-
Permalink Reply by Sue Rarick on -
Most experts are pegging real unemployment in the 15-17% range. Traditionally making money out of your home has been one of the ways people have used to get through tough times like this. It looks like the Council is basically making it a lot more expensive. The changes to Notification alone has now been complicated enough to probably provide a lot more work for lawyers. Not to mention who is paying for the public hearings called for.
This proposed bill is filled with one dichotomy after another. You can have a Barber shop…..but can’t have a Nail shop, You can give massages but not tattoos.
Being a cynic it seems to me this will be a way for Code Enforcement to hand out more fines and help fill the coffers.
-
Permalink Reply by Beech Creek Studios on -
Talk about getting kicked while you're down. This is exactly what the recording industry in Nashville does not need right now. Let's keep our fingers crossed.
-
Permalink Reply by Greg Hopkins on -
Can't we do more than just cross our fingers? I live in Rutherford county, but I have been considering a move to Davidson in the next year or so. It's not just the prohibition of recording studios that concerns me. What kind of leadership does nashville have that would make it harder for people to work from their home and earn extra income, especially with such high unemployment numbers? What kind of boneheads are on the Council?
-
Permalink Reply by Jeff Balding on -
I spoke to the sponsor of the bill yesterday afternoon and he sounds like he's softening on moving "recording studios" out of the prohibited column. He claims with that change the bill would actually help, because under the new bill client visits would be legal. Under the old bill they're not.
-
Permalink Reply by Ted Pennington on -
We sure can- There's a public hearing on Tuesday (6pm) at the next council meeting.
http://www.nashville.gov/mc/agenda.htm
It seems like simply removing "recording studios" from the list of prohibited business types (and hopefully going a step further and adding it to the Allowed list) could turn this bill from a huge disaster into a positive step for our industry.
Of course, there's plenty of other internal contradictions and ridiculousness in this bill, but I'll leave that to the other respective industries to duke out w/ council.
Greg Hopkins said:Can't we do more than just cross our fingers? I live in Rutherford county, but I have been considering a move to Davidson in the next year or so. It's not just the prohibition of recording studios that concerns me. What kind of leadership does nashville have that would make it harder for people to work from their home and earn extra income, especially with such high unemployment numbers? What kind of boneheads are on the Council?
-
Permalink Reply by Greg Hopkins on
-
Ted, I loved your comments on the Gearslutz thread. If I weren't occupied with final exams I would be at that meeting in a heartbeat.
Ted Pennington said:
We sure can- There's a public hearing on Tuesday (6pm) at the next council meeting.
http://www.nashville.gov/mc/agenda.htm
It seems like simply removing "recording studios" from the list of prohibited business types (and hopefully going a step further and adding it to the Allowed list) could turn this bill from a huge disaster into a positive step for our industry.
Of course, there's plenty of other internal contradictions and ridiculousness in this bill, but I'll leave that to the other respective industries to duke out w/ council.
Greg Hopkins said:Can't we do more than just cross our fingers? I live in Rutherford county, but I have been considering a move to Davidson in the next year or so. It's not just the prohibition of recording studios that concerns me. What kind of leadership does nashville have that would make it harder for people to work from their home and earn extra income, especially with such high unemployment numbers? What kind of boneheads are on the Council?
-
Permalink Reply by Ted Pennington on
-
Not so. The planning commission has responded with a complete rewrite of the original bill (which you linked to). See below:
From: Nashville.gov - Metro Council
There is a substitute for this ordinance that has been recommended by the planning commission that is basically a complete rewrite of the bill. This rather complex substitute creates two categories of home businesses (Tier 1 and Tier 2), though most of the new standards in the bill would be applicable to both tiers. These standards include:
• A maximum of 25% of the floor area may be designated for the home business.
• No physical alteration of the home can change its residential character or appearance.
• Permitted uses include general office and what is referred to as a “cottage industry”, which includes art studios, licensed massage therapists, barber shops, and personal counseling.
• Prohibited uses under both categories include tattoo studios, automotive repair, wrecker services, restaurants, animal boarding, recording studios, and the leasing of homes for special events.
• The business owner/operator must be a resident of the home. Written permission of the landlord would be required for tenants to operate a home business.
• Large commercial vehicles associated with the business would be prohibited on the property.
• One non-illuminated “plaque” not exceeding one square foot in size may be mounted beside the door identifying the home business. No other signage would be permitted.
• All home businesses must obtain a special permit from the zoning administrator and must have a valid business license (if a business license is required under state law for that particular type of business).
There are essentially three key distinctions between the Tier 1 and Tier 2 businesses. First, customers and clients would be prohibited from coming onto the property of Tier 1 home businesses. Tier 2 home businesses could have two customers per hour, not to exceed twelve per day. Second, Tier 2 would allow personal instruction as a permitted use, i.e., piano lessons. Finally, Tier 2 home businesses must obtain the approval of the board of zoning appeals as a special exception use after notifying the adjacent property owners and the district councilmember, whereas Tier 1 home businesses would be permitted by right if the above conditions are satisfied.For the full text of the actual complete rewrite prop osed by the planning commission see item #3 in this document:http://nashville.gov/mpc/docs/meetin...1/110428sr.pdf
Peter King said:
Ted, they have removed 'Recording Studios' from the list as you suggest... check my post about the new ordinance.
Ted Pennington said:
It seems like simply removing "recording studios" from the list of prohibited business types (and hopefully going a step further and adding it to the Allowed list) could turn this bill from a huge disaster into a positive step for our industry.
-
Permalink Reply by Greg Hopkins on
-
I'm looking forward to what you find.
Peter King said:
i was sent that by a council member that the link i referred to WAS the rewrite of that provision.
Still some conflicting information... im trying to get to the bottom of it.Typical political nonsense designed to blind the general population. Will report back when i get some more clarification.
-
Permalink Reply by Ted Pennington on
-
From the looks of it, the original bill (sponsored by Jameson) was introduced February 15th, passed the first reading March 1st, and was rewritten and approved by the planning commission on April 28th.
I'm in touch with my councilmember, who is against the bill, and advised me to email the entire council (which I have done).
Let me know if you find out anything further.
Source: http://www.nashville.gov/mc/ordinances/term_2007_2011/bl2011_858.htm
LEGISLATIVE HISTORY
Introduced: February 15, 2011 Deferred: February 15, 2011 Passed First Reading: March 1, 2011 Referred to: Planning Commission - Approved 7-1
(April 28, 2011)
Planning & Zoning Committee
-
Permalink Reply by Jeff Balding on
-
I had a meeting this morning with the sponsor. I can confirm that their official stance on the bill now, is that "recording studios" will be removed from the prohibited list in the next draft.
-
Permalink Reply by Greg Hopkins on
-
GREAT NEWS! Now let's see what allowances are made...
Jeff Balding said:
I had a meeting this morning with the sponsor. I can confirm that their official stance on the bill now, is that "recording studios" will be removed from the prohibited list in the next draft.
-
Permalink Reply by Ted Pennington on
-
Jeff- Thanks for the update. It seems we also have the support of my district's councilmember, and one council member-at-large who emailed me a few minutes ago.
If the proposed 2-tier system passes, I would like to see recording studios included in tier #2 (able to receive clients, subject to the same restrictions as other businesses that do so), as well as specific inclusion in the list of allowed businesses.
Ted
Latest Activity
Great Design
01:53
From the musical/drama "Courage to Stand: The Story of Esther."
© 2013 Created by Bret Teegarden.
