BL2019-1633 - Removal of NOT-Owner Occupied
Permits in RM zones

Share on facebook
Share on twitter
Share on linkedin
Share on google
Share on email
Share on print

If you own and operate an Airbnb in Nashville, you are aware of the ongoing legal battles. BL2019-1633 is the latest attack.

BL2019-1633

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.

Zone Designations

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.  

Contact a nashville LAND USE attorney to obtain a short term rental permit

MORE

Keep Reading

Is there is a topic that is particularly interesting to you? Tell us about it.

Topic Criteria & Submissions HERE

Are you interested in writing an article to be featured on COLLINS LEGAL | the blog? You’re in luck. We are accepting guest submissions.

Guest Submission Criteria & Instructions HERE

P: 615.736.9596

Email Submissions HERE

Other Contact Information HERE

New Client Information HERE

Email Submissions HERE

Other Contact Information HERE

LEGAL DISCLAIMER

All information provided on this website is for general information purposes only and not intended as legal advice. Persons reading information found on this website should not act upon this information without seeking the advice of legal counsel. Said information on this website is not intended to create an attorney-client relationship. Receiving and/or viewing said information does not constitute an attorney-client relationship. Prior to acting on any legal information found on this website or otherwise, Collins Legal advises you to seek the advice of legal counsel. 

© 2018 COLLINS LEGAL, PLC. ALL RIGHTS RESERVED. | LEGAL | SITEMAP

A: 414 UNION STREET, SUITE 1110, NASHVILLE, TN 37219