ORDINANCE NO. BL2011-29

An Ordinance amending Chapters 17.04 and 17.40 of the Metropolitan Code relative to electronic billboards and nonconforming signs, all of which is more particularly described herein (Proposal No. 2011Z-015TX-001).

WHEREAS, digital display billboards are potentially more distracting to motorists than static billboards, and have a more intensive impact on the surrounding community than static billboards; and

WHEREAS, the Metropolitan Council recognizes that Tennessee Code Annotated § 13-7-208 provides certain protections to nonconforming uses; and

WHEREAS, the Metropolitan Council desires to allow nonconforming static billboards to continue to be used as such in accordance with Tennessee Code Annotated § 13-7-208, but to clarify that static billboards are separate structures from digital billboards; and

WHEREAS, the Metropolitan Council further desires to specify what constitutes destruction of a nonconforming sign.

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

Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.04.060 by adding the following provisions under the definition of “sign”:

“Digital display billboard” means a billboard that displays electronic images, graphics, or pictures, with or without text. Such a billboard 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. Digital display billboards include computer programmable, microprocessor-controlled, electronic, or digital displays. Digital display billboards shall not include animated images or graphics, audio components, scrolling messages, or video moving images. Each message or image displayed shall remain static for a minimum of eight seconds, and the change sequence shall be accomplished instantaneously.

Section 2. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending Section 17.40.690 (Nonconforming signs) by deleting subsections C., D., and E. in their entirety and substituting with the following new subsections C., D., E.:

C. A sign shall be deemed destroyed and brought into compliance with the provisions of this title if greater than fifty percent of the display surface area is altered, repaired, replaced, restored, or rebuilt. All permits within one year shall be aggregated for purposes of measuring the fifty percent standard. Any reconstruction or replacement of a destroyed sign must comply with the provisions of this title. This subsection expressly prohibits a nonconforming billboard from being altered, modified, converted, changed, or replaced to result in the billboard becoming a digital display billboard as defined in section 17.04.060. Billboards and digital display billboards shall be considered separate structures.
D. A nonconforming sign shall be brought into compliance with this title when the principal land use on the lot is changed to a different use as described by the district land use table.
E. A nonconforming sign shall be brought into compliance with this title when the principal land use on the lot has been inactive for a period of thirty months or more. An intent to resume activity shall not qualify the property for continuation of the nonconforming sign.

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: Phil Claiborne