ORDINANCE NO. BL2011-48

An Ordinance amending Chapter 17.40 of the Metropolitan Code relative to the destruction of nonconforming signs, all of which is more particularly described herein (Proposal No. 2011Z-019TX-001).

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

WHEREAS, the Metropolitan Council 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 17.40.690 (Nonconforming signs) by deleting subsections C., D., and E. in their entirety and substituting with the following new subsections C., D., E.:

C. A nonconforming on-premises 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.
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 2. 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, Burkley Allen