title
An ordinance amending Chapters 17.08 and17.16 of the Metropolitan Code, Zoning Regulations to amend and add regulations pertaining to the “beer and cigarette market” use (Proposal No. 2025Z-005TX-001).
body
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 17.08.030 of the Metropolitan Code is amended by amending the zoning district land use table as shown in Exhibit A.
Section 2. That Section 17.16.070 of the Metropolitan Code is amended by inserting a new Subsection I as follows and renumbering subsequent subsections:
I. Beer and Cigarette Market.
1. Location.
a. No beer and cigarette market use shall be located on a parcel less than one thousand three hundred twenty linear feet from the parcel line of another parcel upon which another beer and cigarette market use is located. No more than one such establishment shall be located upon a single parcel.
b. No beer and cigarette market use shall be located on a parcel that is less than one hundred feet from a parcel upon which a residential dwelling unit, religious institution, school or its playground, a park, or a licensed day care home or center or its playground is located. This subsection shall not apply to beer and cigarette market uses located within the CF, CF-NS, or DTC zoning districts.
c. Beer and cigarette market establishments selling alcoholic beverages with an alcoholic content of eight percent alcohol by weight or less shall also meet the regulations of Section 7.08.090 of the Metropolitan Code. Where the regulations of this subsection conflict with the regulations of Section 7.08.090, the more restrictive regulations shall prevail.
2. Signage. Window signage, including signs placed within, affixed to, in contact with, or located within three feet of a window or other opening and intended to be seen from the exterior, shall be limited to covering no more than 25% of the aggregate window space of each street facing facade. Such signage shall be subject to all regulations and restrictions contained within Chapter 17.32 of the Metropolitan Code of Laws.
3. Lighting. Lighting placed around the perimeter of a window, door, or other opening, either internal or external to the structure, that creates illumination that is plainly visible from the exterior of the structure shall be prohibited.
Section 3. 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 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 Chapters 17.08 and 17.16 of the Metropolitan Code to modify which zoning districts permit the “beer and cigarette market” land use, as well as add conditions for the “beer and cigarette market” use that must be met when the use is located in a zoning district where it is permitted with conditions.
Currently, the “beer and cigarette market” use is permitted as an accessory use in the OL, OG, and OR zoning districts and their variants. The use is permitted with conditions in the MUN, ORI, CN, SCN, SCC, IWD, IR, and IG zoning districts and their variants. The use is permitted by right in MUL, MUG, MUI, CL, CS, CA, CF, DTC, and SCR zoning districts and their variants. Despite the “beer and cigarette market” use being permitted with conditions in several zoning districts, there are no conditions for the use in the code. Due to the lack of conditions, the Zoning Administrator treats the use as being permitted by right in the districts where it is permitted with conditions.
The ordinance proposes to make changes to which zoning districts permit the “beer & cigarette market” use. As proposed, the use would be permitted conditionally in MUL, MUG, MUI, CL, CS, CA, CF DTC, SCN, SCC, and SCR zoning districts and their variants; it would be permitted by right in the IWD, IR, and IG zoning districts. The use is proposed to be fully removed from being permitted in any capacity in the MUN, OL, OG, OR, ORI, and CN zoning districts and their variants.
The ordinance also proposes to add conditions for the “beer and cigarette market” use that would be required in all zoning districts where the use is permitted with conditions. These conditions include the following:
• Only one “beer and cigarette market” use shall be located on a single parcel, and no “beer and cigarette market” use shall be located within 1,320 linear feet of a parcel containing another “beer and cigarette market” use.
• A “beer and cigarette market” use shall not be located within 100 linear feet from a parcel containing a residential dwelling unit, religious institution, school or its playground, park, or daycare. Uses located within the CF or DTC zoning districts would be exempt from this condition.
• “Beer and cigarette market” uses selling alcoholic beverages with an alcoholic content of eight percent alcohol by weight or less shall also meet the regulations of Section 7.08.090 of the Metropolitan Code.
• Window signage, including signs placed within, affixed to, in contact with, or located within three feet of a window or other opening and intended to be seen from the exterior, shall be limited to covering no more than 25% of the aggregate window space of each street facing facade.
• Lighting placed around the perimeter of a window, door, or other opening, either internal or external to the structure, that creates illumination that is plainly visible from the exterior of the structure shall be prohibited.
This Planning Commission deferred this item to their August 14, 2025 meeting (7-0) at their July 24, 2025, meeting.