Zoning relegates land uses to specific zone districts. Zoning and other codes require that land uses meet specific requirements for a particular land use. It is through the issuance of a Use and Occupancy permit (U&O) that compliance with these requirements is met. Failing to obtain a U&O permit prior to occupying a location can result in unforeseen expense or the necessity to relocate from the site all together. A business license or any other permit from a regulatory agency does not exempt you from the requirement for a change of use permit with Metro Codes.
If a use on a parcel of land is changed but construction or remodeling is involved, the applicant must obtain a U&O permit. Some regulatory agencies may require a U&O permit in a new company name even when the use has not changed. A U&O permit is required for all restaurants even when the previous use was a restaurant.
Uses can also be established as part of a new construction permit for new buildings on vacant lots, additions, or renovations.
Zoning Requirements
- The new use must be permitted within the zoning district. Uses may be permitted by right or permitted with conditions. See the Land Use chart found in Table 17.08.030 D. Conditions can be found in 17.16.020.
- If any of the following work is taking place in the new space a commercial renovation permit instead of a U&O permit: awnings; attic fans; brickwork; cabinet replacement and new; carpentry replacing any structural element such as joist, rafter, studs, roof, decking; drop ceiling-new or relocating; doors- new or replacement; dry wall- repair or replacement; relocation of electrical or plumbing fixtures; adding light fixtures; exterior rehab work; foundation work; window-change in size or location or glass replacement; kitchen hood- replacement, relocation, or addition; replacing gutters or downspouts; new insulation; railing or handrails- installation or replacement; creating outdoor dining space; paving parking lots; adding additional square footage; roofing- new layer or replacing more than 1/3 of the roof; replacement of sinks and countertops; stairs-new or remodeling; ceramic tile replacement; walls- adding, removing, relocation, even if not load bearing; replacing wall studs; adding additional detached structures to the property.
- A U&O permit is required prior to the issuance of a sign permit for a change in activity type. (Example: food service to retail, etc.)
- A change in use of a parcel you will require the parking requirements to be met for the new use. Parking requirements can be found in Table 17.20.030. There are not any parking requirements if the parcel is located within the Urban Zoning Overlay (UZO).
Resources
Use the following site to view your zoning, and to determine if there are any overlays on the parcel. Davidson County Parcel Viewer Map The base zoning and additional overlays will be listed under the zoning tab.
Contact the Planning Department to inquire about further requirements for properties within a Residential PUD overlay, Specific Plan (SP) or the Urban Design Overlay (UDO).
- Phone: 615-862-7190 Do not select option 1
- Email: [email protected]
- Website: Planning Department Website
The link below is where you can view the Zoning Code.
- Moving a restaurant into an existing space triggers reviews during the U&O permitting process, and inspections by the Health Department, and Metro Water Services (MWS), including MWS’s Sewer Discharge Compliance division.
- During the U&O permitting process, the Metro Fire Marshal will review every commercial property transition to ensure fire safety.
- For questions about the Zoning Code, resources, or the permitting process contact the Zoning Help Desk for assistance.
[email protected] or 615-862-6510
How to Apply for a Permit
Submit the following to [email protected]
- Commercial Permit Application
- Site plan or multi-tenant parking survey from Landlord if the proposed use is changed from the prior use and the parcel is not located within the Urban Zoning Overlay (UZO).
If it’s a single-tenant space, provide a Commercial Parking Site Plan
If it’s a multi-tenant space, provide a Multiple-tenant parking survey from the Landlord listing tenants and number of parking spaces.
The permit application will be assigned to a zoning examiner. Should the Zoning Examiner have any questions or need additional information they will reach out to you by e-mail or by phone.
Once your application is processed, the Zoning Examiner will provide a checklist showing other Codes divisions and Metro agencies to contact for approvals before the permit can be issued. It is your responsibility to follow the requirements of the checklist on the building permit application and to make sure all necessary signoffs are received.
Do not seek to determine what reviews and approvals are required on your own. If you fail to complete the steps identified in your permit application your process will be delayed. Allow plenty of time. You can track the progress of the application by address or by using the permit application number at epermits.nashville.gov.
Once you have all the required signoffs you can pay for the permit and request a U&O inspection. You cannot occupy the space until after inspections take place.