ORDINANCE NO. BL2012-109

An Ordinance amending Chapter 17.40 of the Metropolitan Code to add requirements in the conversion of nonconforming static billboards to tri-face billboards, all of which is more particularly described herein (Proposal No. 2012Z-006TX-001).

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

WHEREAS, the Metropolitan Council recognizes that Tennessee Code Annotated § 13-7-208 provides certain protections to non-conforming 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 require the Board of Zoning Appeals to determine the appropriateness of the conversion of non-conforming static billboards to tri-face billboards.

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 by adding the following provision as a new subsection at the end thereof:

“F. Prior to a nonconforming static billboard being altered, modified, converted, changed, or replaced to result in the billboard becoming a tri-face billboard as defined in section 17.04.060, the metropolitan board of zoning appeals shall determine that the conversion of the billboard will result in no greater negative impacts to adjacent property owners, subject to the provisions of Section 17.40.180.D.”

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: Karen Johnson