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An ordinance amending Chapter 17.04 of the Metropolitan Code of Laws to revise the definition for “Boarding house” within the Zoning Code (Proposal No. 2026Z-015TX-001).
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NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.04.060 of the Metropolitan Code is amended by deleting the definition for “Boarding house” in its entirety and replacing it with the following:
"Boarding house" means a residential facility or a portion of a residential dwelling unit for the temporary accommodation of persons or families in a rooming unit, whether for compensation or not.
Section 2. The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 3. That this ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Chapter 17.04 of the Metropolitan Code to amend the definition of “Boarding house” in the zoning code. The ordinance as proposed would remove the language “who are in need of shared lodging and personal services, supervision, or rehabilitative services” from the definition for “boarding house.” The new definition would read as follows: “a residential facility or a portion of a residential dwelling unit for the temporary accommodation of persons or families in a rooming unit, whether for compensation or not.”
The boarding house use permits the property owner to rent out multiple rooms to tenants on separate leases. The boarding house use is only permitted in multi-family residential, mixed use, office/residential, Core Frame (CF), and downtown zoning districts. The use is not permitted in Single-Family or One- and Two-Family Residential zoning districts. The differentiation used in determining a boarding house use compared to a single family use where a group of unrelated individuals live together as permitted by the zoning code is based on how the rooms are leased. The Department of Codes Administration considers a structure where each resident has a separate lease to their rooming unit to be a boarding house use; whereas they consider a structure featuring a single, shared lease to be single family.
Currently, the inclusion of the personal services, supervision, or rehabilitative services language in the definition of “boarding house” is duplicative of other uses in the zoning code, including “assisted care living”, “rehabilitation services”, and “residence for handicapped, more than eight individuals”. According to the Department of Codes Administration, this duplicative nature has created enforcement challenges by creating a loophole allowing operators to avoid boarding house classification by asserting that no services are provided, even when the property otherwise functions as a boarding house.
This item was approved by the Planning Commission at its September 24, 2026, meeting (7-0).