SUBSTITUTE ORDINANCE NO. BL2008-201

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, it is appropriate that the Metropolitan Code provision pertaining to digital billboards 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.1. 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 all copy changes occurring instantaneously without any special effects.
2. Signs with any copy, graphics, or digital displays that change messages by electronic or mechanical means located less than one hundred (100) feet from any agriculturally or residentially-zoned property.
3. Sign display areas with varying light illumination and/or intensity, blinking, bursting, dissolving, distorting, fading, flashing, oscillating, rotating, scrolling, sequencing, shimmering, sparkling, streaming, traveling, tracing, twinkling, simulated movement, or convey the illusion of movement.
4. Free-standing and wall-mounted digital display billboards, including the conversion of existing billboards to digital billboards, less than two thousand (2,000) feet apart. The spacing distance shall be measured along the roadway that the billboard is located and shall be measured from billboard to billboard regardless of the side of the roadway on which the billboard is located, the billboard’s orientation on that roadway or the public street classification,
5. Notwithstanding the foregoing provisions of this subsection, any digital billboards not in compliance with the applicable provisions of section 17.32.150 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.:

“1. Video, continuous scrolling messages, and animation signs, except in the commercial attraction (CA) district.
2. LED message boards and digital display signs in the AG, AR2a, R, RS, RM, MUN, MUL, MUG, ON, OL, OG, OR20, OR40, CN, CL, SCC and SCN districts, except for time/temperature/date signs.”

Section 3. All existing electronic or digital signs within the area of the Metropolitan Government of Nashville and Davidson County, regardless of the date on which they were erected or converted to a digital or electronic sign, shall comply with the provisions of this ordinance within thirty (30) days of the enactment of this ordinance or September 1, 2008, whichever is later.

Section 4. 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: Ronnie Steine

LEGISLATIVE HISTORY
Introduced:	April 1, 2008
Passed First Reading:	April 1, 2008
Referred to:	Planning Commission - Approved 9-0 (April 24, 2008) Planning & Zoning Committee
Passed Second Reading:	May 6, 2008
Substitute Introduced:	May 20, 2008
Passed Third Reading:	May 20, 2008
Approved:	May 29, 2008
By:
Effective:	June 2, 2008