Nashville council member pitches moving Historic Zoning to Planning Department
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Lower Broadway in 2020. Photo: Mickey Bernal/Getty Images
Metro Councilmember Emily Benedict is proposing to move the Metro Historic Zoning Commission staff under the Planning Department in a substantial bureaucratic shift.
Why it matters: The enforcement of historic zoning regulations has been a point of tension in Nashville in recent years.
- Stakeholders such as downtown honky-tonk owners and neighbors seeking minor improvements to their homes have bumped up against rigid enforcement of historic overlay regulations by the Historic Zoning Commission staff.
- Several council members already signed on to support the legislation, Benedict tells Axios, indicating the plan has some momentum.
Context: A city's consultant report released last month detailed issues with historic zoning enforcement and offered several possible solutions, including moving the entire department under Planning.
- Honky-tonk owners have pursued state legislation in recent years that would have forced the city's hand and required Planning to oversee enforcement.
- Stakeholders are hoping for a more collaborative and less-regulatory approach to historic zoning enforcement.
State of play: The legislation requires full council approval. Benedict took on the issue after being involved in several dust-ups with Historic Zoning.
- Historic zoning overlays protect neighborhoods from redevelopment and create rules that homeowners must follow if they want to build an addition or make a major renovation.
- According to an internal analysis by the Historic Zoning staff, the vast majority of applications are approved.
- But some applications created conflict, such as one in Benedict's district where a homeowner wanted to build a porch. Their plan was rejected because a different porch constructed before they bought the home did not comply with the overlay's guidelines.
What she's saying: Benedict says no staff will be laid off. The overlays and their rules will stay in place, Benedict emphasized.
- "I want to streamline the process and take a more common-sense approach, while still protecting historic regulations and staffers," Benedict says.
Zoom in: Such a bureaucratic overhaul needs the buy-in of Mayor Freddie O'Connell to be successful. A spokesperson for O'Connell touted his track record in supporting historic preservation, including creating the overlays in Edgehill and Marathon Village.
- "The Benedict legislation helps streamline a process in which the Planning Department already plays a key role and as evidenced by its long list of co-sponsors, reflects the will of district council members who want to ensure the historic zoning process remains thoughtful and protective of the integrity of our communities," spokesperson Alex Apple said in an email.
The other side: Historic executive director Tim Walker has criticized the consultant's report and defended his department's work. Walker said the report focused too much on the honky-tonk district and argued the city shouldn't pursue drastic changes based on the complaints of a few downtown property owners.
- Walker said last month folding his department into Planning would "weaken the role of historic preservation as a development tool and put it into the political realm."
- Neighborhood groups haven't weighed in yet, creating uncertainty if the proposal will have opposition.