BL2019-1633 – Removal of NOT-Owner Occupied
Permits in RM zones
If you own and operate an Airbnb in Nashville, you are aware of the ongoing legal battles. BL2019-1633 is the latest attack.
Below I will try to hit the high points of BL2019-1633’s application. An entire copy of the ordinance can be found by clicking here.
RM zones WILL be excluded from Not owner-Occupied permits
The Ordinance specifically aims to amend the District land use tables. Specifically, to strip away RM zones from what is allowed to apply as a Not-Owner Occupied permit. The current ordinance, BL2017-608, has 9 amendments. You can find the current law here. The current law states as follows:
Section 4. That section 17.08.030 (District land use tables) of the Metropolitan Code of Laws is hereby further amended by adding under Commercial Uses “Short term rental property (STRP) – Not Owner-Occupied” as a use permitted with conditions (PC) in RM2 through RM20-A, RM40 through RM100-A, MUN and MUN-A, MUL and MUL-A, MUG and MUG-A, MUI and MUI-A, OG, OR20 through OR40-A, ORI and ORI-A, CN and CN-A, CL and CL-A, CS and CS-A, CA, CF, DTC North, DTC South, DTC-West, DTC Central, SCN, SCC and SCR.
BL2019-1633 seeks to amend the law to the following:
Section 1. That section 17.08.030 (District land use tables) of the Metropolitan Code of Laws is hereby amended by providing, under Commercial Uses, “Short term rental property (STRP) – Not Owner-Occupied” as a use permitted with conditions (PC) in MUN and MUN-A, MUL and MUL-A, MUG and MUG-A, MUI and MUI-A, OG, OR20 through OR40-A, ORI and ORI-A, CN and CN-A, CL and CL-A, CS and CS-A, CA, CF, DTC North, DTC South, DTC-West, DTC Central, SCN, SCC and SCR.
BL2019-1633 Changes the land use tables
The current land use tables can be found here. Below, i’ve added some screen shots to help explain how to read the tables. Keep in mind that these are current as of the date of this posting.
As you can see above, currently STRP – Not Owner-Occupied is allowed as PC in all RM zones. PC means permitted with conditions. The conditions currently being that you need a permit.
Metro has announced that the changes wont take effect until October 1, 2019
On May 29, 2019 Metro announced that the Metro Codes department would continue issuing permits fo RM zones prior to the effective date of October 1, 2019. There is still a risk that Metro will change this position and enact the Pending Ordinance Doctrine. For a link to the announcement click here.
Don’t assume Metro will continue issuing permits.
The rules are continually changing. Once there has been a public meeting before the Planning Commission, Metro may apply the Pending Ordinance Doctrine. You cannot rely on the statements of Metro. You don’t know you can get a permit, until you have been issued a permit.
If you have a question contact one of our attorneys today.
