An ordinance amending Section 17.16.250 of Title 17 of the Metropolitan Code of Laws relative to home occupation (Proposal No. 2019Z-020TX-001).
WHEREAS, current regulations prohibit even one client from visiting a home-based business; and
WHEREAS, these regulations create a hardship on residents seeking additional income to survive in a city with a skyrocketing cost of living; and
WHEREAS, these regulations create a significant barrier for children seeking tutoring services, music lessons, and other enrichment; and
WHEREAS, 5.7% of Nashville workers aged 16 and older work from home; and
WHEREAS, permitting limited home-based business activity will protect the residential character of neighborhoods while allowing more Nashvillians to earn supplemental income to remain in their homes.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Subsection D of Section 17.16.250 of the Metropolitan Code of Laws is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:
D. Home Occupation. A home occupation shall be considered an accessory use to a residence subject to the following:
a. A home occupation must be conducted entirely within the dwelling unit or accessory building.
b. The home occupation shall not occupy more than twenty percent of the total floor area of the principal structure and in no event more than one thousand square feet of floor area.
c. No more than one home occupation permit that does not meet the requirements of subsection 5(d) herein may be active for each dwelling unit.
2. Employees and Vehicles
a. No more than one part-time or full-time employee not living within the dwelling may work at the home occupation location.
b. Parking a commercial vehicle on the premises or on a street adjacent to residentially zoned property is prohibited. Vehicles associated with the home occupation shall be limited to one vehicle, with a maximum axle load capacity of one and one-half tons.
c. No truck deliveries or pick-ups, except by public or private parcel services, and permitted.
3. Customer Visits
a. A home occupation may not generate more than three vehicle trips each day of customer-related vehicular traffic.
b. Customer visits must occur by scheduled appointment and only between the hours of 8 a.m. and 7 p.m., Monday through Saturday.
4. Outward Appearance
a. Any sign, as defined in Section 17.32.030.B, on a property used for a home occupation shall be governed by the provision of Chapter 17.32 -- Sign Regulations.
b. The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements.
c. A home occupation may not produce noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, glare, humidity, fumes, electrical interference, waste run-off, or other objectionable effects outside the dwelling unit or garage.
a. The sale of merchandise directly to a customer on the premises is prohibited.
b. The storage of materials or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards.
i. All materials or goods shall be stored completely within the space designated for home occupation activities.
ii. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building.
iii. All materials or goods shall be stored completely within the dwelling unit or accessory building.
iv. All flammable or combustible compounds, products or materials shall be maintained and utilized in compliance with Fire Code NFPA-30.
c. The following are prohibited as home occupations:
i. adult entertainment businesses;
ii. after hours establishments;
iii. any business primarily engaged in retail sales;
iv. any use listed as an industrial use, medical use, transportation use, utility use, or waste management use in the zoning district land use table in Section 17.08.030;
v. automobile repair services;
vi. bars or night clubs;
vii. bed and breakfast inns;
viii. funeral homes;
xi. sex clubs;
xii. short term rental properties;
d. Home occupations that meet both of the following conditions are not required to acquire a permit for activity under this section:
i. The home occupation does not serve customers on the property; and
ii. The home occupation does not employ anyone who does not live within the dwelling.
e. In single-family and two-family zoning districts, if more than one permit is acquired for activity under this section, all permit holders are liable for ensuring that their cumulative activity does not exceed the thresholds for business activity under this section, including number of employees, number of associated vehicles, and number of vehicle trips per day.
6. Transferability and Enforcement
a. Permit Transferability. A permit issued for activities under this section shall not be transferred or assigned to another person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the business. Upon termination of the occupant’s residency, the home occupation permit shall become null and void.
b. Revocation of Permit. Upon the filing of three or more verified complaints within a calendar year regarding a permit issued for activities under this section, the Zoning Administrator shall notify the permit holder in writing of such complaints and the Zoning Administrator will determine whether such complaints are valid. If it is determined that violations have occurred, the Zoning Administrator may revoke a permit as provided in Section 17.40.590. The permit holder may appeal the Zoning Administrator's decision to the Board of Zoning Appeals for a public hearing as provided in this Title.
Section 2. This Ordinance shall take effect from and after its final passage, and such change shall be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
IntroducedNovember 5, 2019
Passed First Reading and DeferredNovember 5, 2019
Referred toPlanning Commission
Codes, Fair, and Farmers Market Committee
Planning, Zoning, and Historical Committee
Public Hearing SetJanuary 7, 2020
Substitute AdoptedJanuary 7, 2020
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 01/13/2020 10:12 AM