Street View is a monthly column taking a close look at development-related issues affecting different neighborhoods throughout the city.
In August, homeowner Brian Beach came to the Metro Historic Zoning Commission with plans to build an extension in front of his 1930s home in the Hillsboro-West End neighborhood. Beach had done his research: He’d reached out to the commission multiple times and proposed a design similar to nearby structures. Supportive neighbors even submitted comments through the commission’s portal. Still, the commission denied the request — though they did allow the Beaches’ rear addition plans.
Beach and his wife eventually resubmitted new extension plans without a front addition. But he tells the Scene it wasn’t just the decision that frustrated them. He wishes the MHZC had handled the process differently. “You have zero power when in that relationship,” he says. “You’re not even entitled to clear information.” He wanted earlier communication and more holistic thinking from the commission. And he wanted them to consider the project’s neighborhood support.
Beach isn’t alone in this sentiment.
Housing advocates say overlays have negative consequences beyond just accidental violations
Nashville has nine historic preservation zoning overlays and 26 less-restrictive neighborhood conservation zoning overlays. The MHZC has been enforcing historic zoning since 1977, assuring that structures are similar heights, materials and style in each overlay. Overlays have support among neighborhood associations and some residents, and the MHZC’s handbook lists a number of zoning benefits including stable property values, conserving building materials and promoting heritage tourism. The commission writes that historic zoning “nurtures a sense of community” and “provides a sense of place.”
But after a recent third-party audit of the commission, some city leaders are questioning whether the MHZC’s current structure achieves those goals effectively.
On Feb. 8, District 7 Metro Councilmember Emily Benedict, who lives in North Inglewood, filed legislation to restructure the Historic Zoning Commission. Instead of a stand-alone department, MHZC staff and commissioners would become part of Nashville’s Planning Department. “I believe the Planning Department has the expertise to ensure that historical character is protected in our city while also building housing for our existing and new residents,” Benedict tells the Scene. She says Planning can help people better understand historic guidelines and boost community engagement in overlay districts.
Benedict’s legislation is set to be presented to the Metro Council on Tuesday night. It follows findings from an audit commissioned by Mayor Freddie O’Connell’s office, which made an official suggestion that MHZC become part of Planning. The audit, completed by consulting firm HDR, includes background research and interview material from 23 individuals, including MHZC and other government officials and members of the Lower Broad business community.
The interview responses were varied, with some praising the MHZC’s role in preservation and its ability to work with other departments. Critiques mentioned the MHZC’s “unnecessarily rigid” interpretation of the Secretary of the Interior’s historic guidelines and its use of “context” to regulate nonhistoric structures within overlays. One example of “context” not mentioned in the audit: At a July MHZC meeting, two homeowners applied to build a two-and-a-half-story house. Their home was a “non-contributing” part of the overlay, they prepared a presentation complete with 52 examples of similar builds nearby, and they gave the MHZC a petition expressing support from their neighbors. Still, their application was denied. “Precedent” is also a common theme in MHZC decisions, including a vote that one homeowner should tear down the roof from a too-tall garage in 2023.
MHZC executive director Tim Walker does not agree with the audit findings or recommendation. “I feel like of Metro departments, we’re near the top of the list in terms of being responsive to constituents and councilmembers,” Walker tells the Scene. “So that’s why these criticisms are a little hard to swallow.”
As for the claims of the MHZC’s rigidity, Walker says that’s just how the federal regulations work. “We don’t have the option of changing standards, because we’re required to follow the federal standards,” he says. “We’re trying to treat everybody the same by the same standard. It’s just a fairness issue that we’re trying to apply.”
Walker also mentions that the audit interviewed only the Lower Broad community and not people in residential overlays (though the audit does mention “preservation-related issues” in other neighborhoods). Honky-tonk owners on Broadway have a contentious history with the MHZC, and one conflict escalated to a 2023 bill in the state legislature.
Some residents want to create denser multifamily housing in the East Nashville neighborhood
“Since taking office, Mayor O’Connell has sought a development services process that is fair and effective for all parties,” says Alex Apple, spokesperson for the mayor’s office. “The independent review of the Metro Historic Zoning Commission has laid out a series of recommendations which we will now use to guide how we move forward. We are aware of pending legislation at the state legislature that could impact the city’s work here.”
Walker says making the MHZC part of the Planning Department would weaken the commission’s ability to enforce historic zoning, but Benedict says that won’t happen. Her legislation keeps the current staff intact, proposing that existing members transition to their new role under the executive director of planning.
“I’m not a proponent of dismantling our historic character,” says Benedict. “I am a fan of growth in congress with that historical character. I believe we can have them together.”
In a statement to the Scene, Planning Department executive director Lucy Kempf expresses similar goals.
“Today, the Planning Commission makes recommendations to the Metro Council for historic overlays, and we will steadfastly continue that work, ensuring that overlays effectively serve their purpose,” she says. “As Nashville continues to grow, it has become clear that some of our planning practices around overlays require thoughtful reassessment, in collaboration with our community. The Planning Department is prepared to work with residents, business owners, preservationists and stakeholders to ensure our historic zoning policies reflect Nashville’s evolving needs, balancing growth with preservation in a way that above all else, strengthens our city’s character.”
Beach is an economist, and he hopes zoning changes will solve bigger issues than his front addition. He says historic zoning promotes “inefficient use of land” and “a huge degree of income separation,” creating restrictions that can prevent renter-friendly or dense affordable housing. One solution could be guidelines for buildings like duplexes that are aesthetically similar to the overlay — the MHZC has collaborated with one East Nashville community to make similar changes before.
“I think it’s just natural to have some neighborhood change,” Beach says. “And if we want to preserve some things so that we remember the past, there are ways to do that that don’t require so much administrative inefficiency.”
