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An ordinance amending Title 17.37 of the Metropolitan Code of Laws, the Zoning Ordinance of the Metropolitan Government of Nashville and Davidson County, to make various changes to the Downtown Code (DTC), all of which is described herein (Proposal No. 2023Z-003TX-001).
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WHEREAS, The Council of The Metropolitan Government of Nashville and Davidson County adopted the Downtown Code (DTC) on February 2, 2010; and
WHEREAS, The Metropolitan Government recognizes the importance of updating, clarifying, and refining the Downtown Code (DTC) standards to encourage high quality, sustainable urban development; and
WHEREAS, the DTC standards provide opportunities for businesses to thrive, while enhancing the character of Downtown through mixed-use development, housing choices, and commercial and entertainment opportunities; and
WHEREAS, the refinement of the DTC standards will continue to ensure a quality urban experience for the citizens and businesses of Metropolitan Nashville and Davidson County; and
WHEREAS, the DTC requires updates from time-to-time as Downtown continues to grow and evolve as a collection of neighborhoods; and
WHEREAS, the updated Bonus Height Program (BHP) better aligns incentives with current public and private needs, with an emphasis on sustainability, historic preservation, and active transportation; and
WHEREAS, the Downtown Market Study and stakeholder feedback supports the proposed changes, including an increased focus on higher-quality public benefits and updated regulations to reflect current priorities; and
WHEREAS, the proposed amendments reflect a comprehensive two-year effort of public engagement, internal and external analysis, and coordination with various stakeholders, including the development and design communities.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.37 of the Metropolitan Code of Laws is hereby amended by replacing the Open Space and Bonus Height Program subsections of deleting the Downtown Code (DTC) in its entirety and replacing it with Appendix Exhibit A, which makes housekeeping changes, replaces the open space general standards with outdoor space general standards, revises the Bonus Height Program (BHP), and adds electric vehicle parking standards.
Section 2. To allow for DTC development proposals currently in later design phases to advance as planned, projects shall be able to utilize either the 2010 BHP (as was in effect prior to the effective date of this ordinance) or the 2025 BHP (as amended by the passage of this ordinance) for a period of one year, following the effective date of this ordinance, subject to the following:
• This choice shall not be construed as a right in perpetuity to not conform with any future alterations to the DTC.
• Projects proposing to use the 2010 BHP shall submit for Concept Plan approval within six months of the effective date, and the project shall certify its bonus height with the Planning Commission within one year of the effective date.
• Projects that have earned and certified transferrable entitlements pursuant to the 2010 BHP shall be permitted to retain, use, and transfer those entitlements, provided, however, that projects that have certified bonus height under the 2010 BHP but have not constructed during the development vesting periods provided by state statute (and as provided for by the Metropolitan Government in RS2014-1330), such projects shall forfeit any entitlements earned, including transferrable entitlements. If those projects do subsequently proceed, they will need to apply for bonus height again under the 2025 BHP, or under the 2010 BHP if they meet the grace period deadlines described above.
• Mixing and matching between the 2010 BHP and 2025 BHP is not allowed, including, but not limited to, mixing individual bonus options, and utilizing any changes in the bonus height maximums for the property.
Section 3. The Metropolitan Clerk is directed to publish a notice announcing the change in a newspaper of general circulation within five days following final passage.
Section 4. 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 17.37 of the Metropolitan Code to modify the Downtown Code (“DTC”) bonus height program and outdoor space general standards, as well as to add electric vehicle parking standards and make several minor housekeeping edits within the DTC.
The DTC’s bonus height program was adopted as part of the original DTC, approved in 2010. The bonus height program is a voluntary program that permits property owners/developers to increase the permitted height beyond a site’s otherwise maximum allowed height by providing specific, pre-determined public benefits. Currently, there are nine options available for projects to earn bonus height, including LEED certification of individual buildings, LEED certification for neighborhood development, pervious surfaces, historic building preservation, publicly accessible open space, inclusionary housing (prohibited by state law), civil support space, upper-level garage liners, underground parking, and public parking. Each option yields a differing amount of bonus height relative to other available options and is varied by the DTC subdistrict in which it is used. By including any combination of these options within a development plan, a proposal can yield a corresponding amount of bonus height up to bonus height maximum, which is DTC subdistrict specific.
The ordinance proposes to update the bonus height program based on the findings of a comprehensive market study and entitlements analysis completed in October of 2024. These changes include replacing the current nine options to earn bonus height with a new scheme made up of three baseline requirements and six bonus options, as well as revising how earned bonus height is calculated and combined across the different DTC subdistricts.
The three baseline requirements are green building certification, upper-level garage liner building, and active & sustainable transportation. For new development of 50,000 gross square feet or greater, eligibility for the bonus height program is predicated on meeting the baseline requirements. New development under 50,000 gross square feet is not required to meet the baseline requirements to be eligible for receiving bonus height from providing one or more of the six bonus options; however, if such a project meets the baseline requirements, then it is eligible for the bonus height award for meeting such requirements. The bonus height earned for meeting the baseline requirements is a flat-rate 2 stories.
The six bonus options include elevated green building certification, preservation, privately owned public spaces, neighborhood support space, reduction of vehicular parking, and underground parking. Each option has its own bonus height reward or rewards based on varying metrics for each option. Such rewards are either in additional allowed stories or in additional permitted sq. ft. above the standard maximum allowed height. The bonus height maximum based on DTC subdistrict remains, with increases in bonus height maximums for the Lafayette and Gulch South subdistricts.
The DTC’s current open space standards were also approved as part of the original adoption of the DTC in 2010. The section is organized around individual open space types including greens, squares, plazas, courts, pocket parks, and playgrounds, with each open space type has its own unique regulations. In addition to these type-specific regulations, there are also general standards that govern open space calculation, access, building frontage, seating, materials, and landscaping.
The ordinance proposes replacing the current open space standards with new outdoor space standards. These standards cover both Metro owned outdoor spaces as well as privately owned public spaces. These new standards contain general regulations governing site context & response, site design & layout, fixtures & furnishings, and materials. It also delineates type specific requirements for various different types of outdoor areas, including dog parks, outdoor dining areas, playgrounds, private alleys, splash pads, through block plazas, and green infrastructure. Courtyards, play structures, pocket parks, paseos, plazas, and greenways/shared use paths do not have type specific requirements and only need to meet the general regulations.
Currently, the DTC does not contemplate electric vehicle (EV) parking separately from general parking and access standards. The ordinance proposes adding EV parking standards that regulate the use, installation, and operation of EV-capable and electric vehicle supply equipment (EVSE)-installed parking spaces. EV-capable spaces are spaces that provide dedicated electrical capacity but do not have wiring to the space or a receptacle. EVSE-installed spaces are spaces reserved for EVs and provide the ability to charge EVs using EV charging stations rated at a minimum of 32amp 7.2kW that are installed per the requirements of the National Electrical Code (NFPA 70).
The Planning Commission recommended approval of this item (7-0) at its March 13, 2025, meeting.