ORDINANCE NO. BL2009-463

An Ordinance amending Title 17 of the Metropolitan Code, Zoning Regulations, to designate electronic display signs as a permitted use or a special exception use in certain zoning district, and to add standards for electronic display signs, all of which is more particularly described herein (Proposal No. 2009Z-008TX-001).

WHEREAS, Ordinance No. BL2008-152 (as amended), which was deferred indefinitely by the Council in March 2008, would allow LED message boards in residential zoning districts for schools, churches, recreation centers and cultural centers on collector and arterial streets; and

WHEREAS, as a result of the discussion surrounding Ordinance No. BL2008-152, the Council adopted Resolution No. RS2008-319 requesting the Vice Mayor to appoint a task force to study Metro’s existing sign ordinance; and

WHEREAS, in response to the Council’s request, the Vice Mayor appointed the Sign Ordinance Task Force, which has met for several months to discuss revisions to the sign ordinance; and

WHEREAS, the Sign Ordinance Task Force has submitted its recommendations to the Metropolitan Council; and

WHEREAS, the Council now desires to implement certain recommendations of the Sign Ordinance Task Force as it relates to electronic display signs in residential areas.

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 17.04.060 by adding the following definition as a subcategory under the definition of “Sign”:

“Electronic display sign” means an on-premises sign, or portion thereof, that displays electronic static images, static graphics or static pictures, with or without textual information. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights including light emitting diodes (LED’s), fiber optics, lights bulbs, or other illumination devices within the display area where the message is displayed. Each message displayed shall remain static for a minimum of eight seconds, and the change sequence shall be accomplished instantaneously. Electronic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic display signs shall not include animated images or graphics, audio components, scrolling messages, or video moving images similar to television images, provided that signs with video moving images shall be permitted within the commercial attraction (CA) zoning district.

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 17.08.030, District Land Use Tables, by adding the use “electronic display sign” as a special exception (SE) use in the AG, AR2a, R, RS, RM, MUN, MUL, MUG, MUI, ON, OL, OG, ORI, OR20, OR40, CN, CL, SCC and SCN districts, and as a permitted (P) use in the CA, CS, CF, CC, SCR, IWD, IR and IG districts.

Section 3. 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 17.16.230 by adding the following as subsection A.:

“A. Electronic display signs.
1. The board of zoning appeals shall only grant a special exception use permit for an electronic display sign that is replacing a back-lit or flood-lit sign that was legally in existence as of the date of enactment of this subsection. No more than one electronic sign shall be permitted on a given lot for each street frontage.
2. Eligibility for electronic display sign. For property located within the AG, AR2a, R, RM and RS districts, community education facilities, cultural centers, recreation centers, and religious institutions are eligible to be considered by the board of zoning appeals for the installation of an electronic display sign, provided the following requirements of this subsection are satisfied. For property located within the MUN, MUL, MUG, MUI, I, ON, OL, OG, ORI, OR20, OR40, CN, CL, SCC and SCN districts, all nonresidential uses permitted in such districts are eligible to be considered by the board of zoning appeals for the installation of an electronic display sign, provided the following requirements of this subsection are satisfied.
3. Spacing. Electronic display signs shall be spaced a minimum of 500 feet from any other electronic display sign and shall be setback at least 250 feet from an existing residence.
4. Duration. All portions of the message must have a minimum duration of eight seconds and must be a static display. There shall be no appearance of a visual dissolve or fading, in which any part of one message, image or display appears simultaneously with any part of a second message, image or display. Further, there shall be no appearance of flashing or sudden bursts of light, and no appearance of video motion, animation, movement, or flow of the message, image or display.
5. Color. All portions of the message must use an amber color.
6. Intensity and contrast. The intensity and contrast of light levels shall remain constant throughout the sign face. Each electronic display sign shall shut off between the hours of 10:00 p.m. and 6:00 a.m. and shall use automatic day/night dimming software to reduce the illumination intensity of the sign to 500 nits from dusk until 10:00 p.m. The sign shall not exceed 5,000 nits during daytime hours.
7. Sign size, design and setback.
a. Electronic display signs shall have a maximum electronic display surface area of thirty-two square feet and shall be integrated into a brick, stone or wood monument-style sign.
b. The minimum street setback shall be fifteen feet and the electronic display sign shall not encroach upon the required side setbacks of the base zoning district.
c. The maximum height of the sign shall be eight feet. The overall size of the sign structure in residential districts shall conform to the size limitations applicable to the ON district pursuant to chapter 17.32 of the metropolitan code. The overall sign structure for all other districts shall be based upon the sign standards for the base zoning district as provided in chapter 17.32 of the metropolitan code.”

Section 4. 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 adding the phrase “unless a special exception use permit has been granted by the metropolitan board of zoning appeals for such sign as an electronic display sign in accordance with section 17.16.230.A. of the metropolitan code” at the end of subsection H.2.

Section 5. 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