ORDINANCE NO. BL2008-152

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, by amending Section 17.32.050 to allow digital and LED signs in certain areas, all of which is more particularly described herein (Proposal No. 2008Z-023T).

WHEREAS, the sign provisions of the Zoning Code, Chapter 17.32 of the Metropolitan Code, have remained basically unchanged since adoption in 1992; and

WHEREAS, technology in the sign industry has evolved in the last 15 years as to electronics; and

WHEREAS, the Tennessee General Assembly adopted legislation permitting changeable message signs with digital displays on April 19, 2007; and

WHEREAS, the Tennessee Department of Transportation, with guidance from the Federal Highway Administration, has adopted regulations for the use of digital displays on billboards in Tennessee; and

WHEREAS, businesses in Metro are asking to use LED message boards in certain areas where they are now prohibited; and

WHEREAS, certain community facilities such as schools, churches, YMCA facilities, etc., are also seeking permission for LED message boards; and

WHEREAS, it is appropriate that the Metropolitan Code provision pertaining to digital and LED signs be updated to reflect the technological advancements in the sign industry.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.32.050 by deleting subsection G. in its entirety and substituting in lieu thereof the following new subsection G.:

“G. Signs with any copy, graphics, or digital displays that change messages by electronic or mechanical means, where the copy, graphics, or digital display does not remain fixed, static, motionless, and nonflashing for a period of eight (8) seconds with a change time of less than two (2) seconds. Digital display billboards less than two thousand (2,000) feet apart are also prohibited.”

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.32.050 by deleting subsection H. in its entirety and substituting in lieu thereof the following new subsections H.1. and H.2.:

“H.1. Video, continuous scrolling messages, and animation signs, except in the commercial attraction (CA) district.
2. LED message boards in residential zone districts except on collector or arterial streets.”

Section 3. That this Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Buddy Baker, Parker Toler, Jim Hodge

Amendment No. 1
To
Ordinance No. BL2008-152

Madam President:

I move to amend Ordinance No. BL2008-152 as follows:
1. By amending Section 1 by deleting the last sentence of the new subsection G., and substituting in lieu thereof the following:

“Digital display billboards less than two thousand (2,000) feet apart, and digital billboards that are not in compliance with the provisions of section 17.32.150, are also prohibited.”

2. By amending Section 2 by deleting subsection H.2., and substituting in lieu thereof the following new subsection H.2.:

“2. LED message boards in residential zoning districts. Notwithstanding the foregoing, LED message boards shall be allowed for community education facilities, cultural centers, recreation centers, and religious institutions located on collector or arterial streets in residential zoning districts."

Sponsored by: Charlie Tygard