Metropolitan Nashville and Davidson County, TN

Date	Action By	Action	Action Details	Meeting Details	Video
6/16/2026	Metropolitan Council	referred	Action details	Meeting details	Not available
6/9/2026	Metropolitan Council	referred	Action details	Meeting details	Not available
6/9/2026	Metropolitan Council	filed	Action details	Meeting details	Not available

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An ordinance amending Chapters 2.240, 6.28, and 7.08 and Title 17 of the Metropolitan Code of Laws to replace “day care” uses with “child care” and “adult day services” uses and amend related conditions and standards (Proposal No. 2026Z-013TX-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 2.240.020 of the Metropolitan Code is amended by deleting Subsection B in its entirety and replacing it with the following:

B. Child Care:

1. Permit applications and accompanying departmental reviews for a child care center as defined in Title 17.

Section 2. That Section 2.240.030 of the Metropolitan Code is amended by deleting Subsections C and E in their entirety and replacing them with the following:

C. Permits for qualifying projects related to affordable housing uses, as defined in this Chapter, shall be prioritized over permits for qualifying projects related to child care uses, as defined in this Chapter.

E. Each request for prioritization shall be submitted by the applicant prior to or concurrent with plan submission or permit application. For affordable housing projects, the department of planning shall review and certify whether the project meets the criteria set forth in this Chapter. For child care projects, the department of codes administration shall review and certify whether the project meets the criteria set for in this Chapter. Upon certification that a project meets the applicable criteria, the certifying department shall designate the project as such in the appropriate metropolitan government systems. Such designation shall serve as notice to all reviewing departments that the project is entitled to prioritized review.

Section 3. That Subsection 6.28.030.B.2.d of the Metropolitan Code is amended by deleting Subsection i in its entirety and replacing it with the following:

i. No new STRP permit shall be issued to an applicant whose location is less than one hundred feet from a religious institution, a school or its playground, a park, or a licensed child care use or its playground. Distance shall be measured in a straight line from the closest point of the parcel line of the property for which a STRP is sought to the closest point of the parcel line of the property on which the religious institution, school or its playground, park, or licensed daycare center or its playground is located.

Section 4. That Subsection 7.08.09.A of the Metropolitan Code is amended by deleting subsection 1 in its entirety and replacing it with the following:

1. No beer permit shall be issued to an applicant whose location is less than one hundred feet from a place of worship, a school or its playground, a park, a licensed child care use or its playground, or a dwelling for one or two families. One- or two-family dwellings shall not be construed to include house trailers, on wheels or otherwise.

a. Exceptions. The minimum distance requirements contained herein shall not be applicable to:

i. Any location which is in the DTC or CF zone districts;

ii. Establishments which are:

(a) located within the urban services district;

(b) selling beer for on-premises consumption only; and

(c) separated by a state or federal highway consisting of no less than four lanes of traffic excluding parking lanes, from all places of worship, schools or their playgrounds, parks, licensed child care uses or their playgrounds, or dwellings for one or two families that are otherwise less than one hundred feet from such establishments.

iii. Retailer on-sale beer permits for any location that is on a lot in the MUL district under the provisions of Title 17 of the Metropolitan Code of Laws so long as:

(a) a retailer on-sale beer permit is obtained prior to April 30, 2003;

(b) more than fifty percent of the gross sales of said applicant for said location is derived from food sales, excluding sales of alcoholic beverages; and

(c) thereafter said permit is held without lapse of more than three hundred sixty-five days, regardless of any change of ownership.

iv. Any retailer on-sale beer permit issued to any metropolitan arena. No retailer off-sale beer permit may be issued to any metropolitan arena which does not comply with the minimum distance requirement set forth above. Additionally, all premises which are permitted under these provisions which are arenas for entertainment and sporting events shall provide designated seating which shall be "alcohol free" in the facility for events when beer or other alcoholic beverages are sold;

v. A catered event by the holder of a valid caterer's permit issued pursuant to this chapter.

vi. Any location for which a beer permit was in effect within three hundred sixty-five days of May 26, 1992, the effective date of the ordinance codified in this subsection A and, further, shall not affect said location thereafter so long as a beer permit is held for that location without lapse of more than three hundred sixty-five days, even if there is a change of ownership of the location or the business thereon;

vii. Any retailer special events permit wherein the footprint of the event is less than one hundred feet from a place of worship, a school or its playground, a park, a licensed child care use or its playground, or a dwelling for one or two families, and the metropolitan beer permit board grants an exemption after consideration of rules promulgated by the board.

Section 5. That Subsection 17.04.060 of the Metropolitan Code is amended by deleting the definition of “Day care” in its entirety and replacing it with the following definitions for “Adult day services” and child care” in alphabetical order:

"Adult day services" means the provision of care for five or more individuals eighteen years of age or older, for more than three hours per day but less than twenty-four hours per

day, by a provider of such services who is not related to the individuals, pursuant to an

individualized plan of care designed to maintain or restore each participant’s optimal capacity

for self-care through medical or social services. These classes are referenced:

1. Adult day services home-Small: Five through seven individuals;

2. Adult day services home-Large: Eight through twelve individuals;

3. Adult day services center-Up to 50: Thirteen through fifty individuals;

4. Adult day services center-Over 50: More than fifty individuals;

"Child care" means the provision of care for individuals under eighteen years of age, who are not related to the primary caregiver, for less than twenty-four hours per day. These classes are referenced:

1. Accessory to a single-family dwelling: Up to four individuals;

2. Child care home-Small: Five through seven individuals;

3. Child care home-Large: Eight through twelve individuals;

4. Child care center-Up to 50: Thirteen through fifty individuals;

5. Child care center-Over 50: More than fifty individuals;

6. Parents day out: Child care for pre-teenage children that is not open for more than twelve hours in any one week;

7. School child care: Child care centers of unlimited size for before, during and after school programs.

Section 6. That the Zoning District Land Use Table in Section 17.08.030 of the Metropolitan Code is amended as shown in Exhibit A.

Section 7. That Subsection 17.16.035 of the Metropolitan Code is amended by deleting it in its entirety and replacing it with the following:

17.16.035 - Institutional uses.

(Refer to zoning district land use table)

A. Adult Day Services Center-Up to 50.

1. Outdoor Space. If outdoor space is provided, it shall be attached to the adult day services structure and kept clean, safe, and free from hazards and offensive odors.