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HomeBusinessNashville's Historic Zoning Under Fire Amid Tensions with Broadway Honky-Tonks

Nashville’s Historic Zoning Under Fire Amid Tensions with Broadway Honky-Tonks

 

Nashville’s Historic Zoning Under Review Amid Broadway Disputes


Changes may be on the way for Nashville’s Historic Zoning Commission.

 

According to a report presented on January 24 that was compiled by consultants for the city’s planning and codes departments, it is suggested that the commission—currently operating as an independent agency of the Metropolitan Government of Nashville and Davidson County—be restructured to function within the Metro Planning Department.

This shift would involve multiple steps, including obtaining approval from the Metro Nashville Council and amending the Metro code. The report notes that ongoing conflicts between the Historic Zoning Commission and Broadway business owners indicate a need for this restructuring.

“From those we interviewed, very few believe Metro’s current historic preservation process is effective, particularly regarding the downtown historic zoning overlays,” the report states. “While some level of tension is normal in a healthy regulatory environment, the frustration has reached significant levels, prompting serious legislative efforts to limit (the commission’s) power over areas like Broadway and Second Avenue.”

 

Understanding the Historic Zoning Commission’s Role

HDR Engineering, the firm responsible for the review, gathered its conclusions in part by interviewing approximately twenty individuals knowledgeable about the commission’s historic preservation processes.

 

The commission consists of nine members who evaluate applications for modifications to properties within a “historic overlay,” which is an additional zoning layer imposed on top of the standard zoning regulations in an area.

There are six distinct types of historic overlays that protect over 30 locations across Davidson County. Areas such as Broadway and downtown are under a specific overlay that governs most exterior changes, while neighborhoods like Belle Meade or Edgehill may have a “Neighborhood Conservation” overlay that is less stringent.

 

The report expresses that this “single-function regulatory approach” may not be the most effective model moving forward, even while acknowledging that the commission’s autonomy and focused mission have historically supported preservation endeavors.

The consultants did not provide a specific plan for reorganizing the commission within the planning department, stating that is “beyond the scope of this engagement.”

 

Conflicts with Broadway Business Owners

One part of the report draws attention to recent attempts to change state law that would significantly reduce the powers of historic zoning commissions in areas deemed tourist destinations.

In Nashville, this legislative initiative involved the Broadway Entertainment Association, a coalition of downtown business owners established in early 2023 to advocate for favorable policies in the Lower Broadway tourism area. Starting with 14 members, this coalition has now grown to include around thirty members listed on its website.

During the same year, the Tennessee legislature evaluated proposed regulations that, as noted in the report, “would practically exempt the Broadway area from any local governmental oversight concerning historic matters.”

 

“Although this legislation did not pass in 2023, several interviewees pointed out that it will likely be reintroduced in a future legislative session if the ongoing disagreements between the (Historic Zoning Commission) and Broadway stakeholders remain unresolved,” the report mentions.

This situation is not the first significant confrontation between the commission and business owners on Broadway. In 2017, a group of seven owners publicly objected to a proposed set of downtown design regulations. Friction persisted into the following year, with Broadway business owners claiming that historic zoning restrictions negatively affected their businesses. In response, the commission filed a lawsuit against a honky-tonk in early 2019 for allegedly breaching an August 2017 rule prohibiting colored exterior lights in historically zoned areas.