Nashville considers overhaul of historic zoning regulations
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Many of Nashville's historic zoning issues have taken place on Lower Broadway. Photo: Mickey Bernal/Getty Images
The wheels are in motion for Metro to overhaul historic zoning enforcement by moving the important work from its own department to the city's Planning Department.
Why it matters: At stake is the preservation of Nashville's historic buildings and neighborhoods, as well as how the city manages growth in parts of town with historic overlays.
Driving the news: A city consultant's report completed this week details problems with the Historic Zoning Commission, including inflexible enforcement of regulations.
- The commission also has its defenders who say the department has played a key role in preserving Nashville's historic neighborhoods.
Zoom in: The Historic Zoning Commission has become a source of bureaucratic tension in recent years. There have been high-profile disputes with honky-tonk owners seeking to make alterations to their buildings.
- There have also been disagreements with residential homeowners who want to build a new patio or swap out the siding in their homes.
- Nashville has about three dozen historic zoning overlays, which are put into place at the request of residents. The overlays are created to preserve the historic character of a neighborhood, and if property owners want to make changes they need the commission to sign off.
State of play: The honky-tonk owners' problems with Historic Zoning boiled over to the point that they pursued state legislation last year that would have gutted historic zoning regulations.
- In response to the legislative push, the city tasked consultant HDR with interviewing stakeholders in the government as well as the private sector about the state of the Historic Zoning Commission.
- According to the report, critics of the Historic Zoning Commission found the department "reluctant to collaborate and to give helpful guidance" to applicants seeking approval for their projects. Critics called the commission "inflexible and insensitive to business considerations."
Yes, but: The Historic Zoning Commission was also praised in the report. Its defenders say the city's conservation overlays, in neighborhoods like Belmont-Hillsboro, have preserved parts of town that were at risk of redevelopment.
- "While some might see the MHZC's actions as 'inflexible,' the commissioners and staff believe that they are working with clear guidelines," the HDR report says.
Zoom in: The report offers several options for city leaders to consider, leading with a major overhaul that would put Planning in charge of historic regulations.
- Charlotte, Memphis and Knoxville house historic functions within their planning departments, the report says.
What she's saying: "This important report confirms what many of us who are close to the issue have observed: Reform is necessary to better serve all of our residents," Metro Councilmember Emily Benedict, whose constituents have had issues with Historic Zoning, tells Axios. "It accurately points out that both the regulated community and the regulators feel like they are losing."
- "That's not how government should function. We should be focused on helping people 'win,' leading to a better quality of life for everyone," she says.
The intrigue: The Broadway Entertainment Association, which represents Nashville honky-tonks, has again prepared state legislation for this session that would effectively force the city's hand by requiring local Planning agencies across the state to oversee historic zoning regulations.
The other side: Historic executive director Tim Walker says folding his department into Planning would "weaken the role of historic preservation as a development tool and put it into the political realm."
- In prepared comments, he criticized the consultant for focusing on Lower Broadway stakeholders, who he says represent a minuscule percentage of the property owners inside historic overlays.
- An internal study last year by Historic Zoning Commission staffers found that the vast majority of applications are approved. Walker disagreed with the suggestion his staff is overzealous in its enforcement.
- "We are being asked to potentially fully or partially dismantle the department based on the comments of a few people that represent just one district out of many and by people who don't understand what we do, how we have done it, and the legislation and best practices for our industry," Walker said.
What's next: A spokesperson for Mayor Freddie O'Connell tells Axios his office will use the report "to guide how we move forward." A major overhaul, such as moving the agency to Planning, would likely require sign-off from the Metro Council.