ORDINANCE NO. BL2015-1164

ORDINANCE NO. BL2015-1164

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from R10 to SP for a portion of property located at 4401 Lebanon Pike, at the north east corner of Lebanon Pike and Highland View Drive, (0.28 acres), to permit a LED sign, all of which is described herein (Proposal No. 2015SP-039-001).

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 Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by changing the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By changing from R10 to SP for a portion of property located at 4401 Lebanon Pike, at the north east corner of Lebanon Pike and Highland View Drive, (0.28 acres), to permit a LED sign, being part of Property Parcel No. 093 as designated on Map 075-00 of the Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the plan that was duly considered by the Metropolitan Planning Commission, and which is on file with the Metropolitan Planning Department and Metropolitan Clerk’s Department and made a part of this ordinance as though copied herein..

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Map 075 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. Be it further enacted, that the uses of this SP shall be limited to a freestanding sign consistent with the R10 zoning district and a LED sign as specified in the SP.

Section 4. Be it further enacted, that the following conditions shall be completed, bonded or satisfied as specifically required:
1. The proposed sign shall only replace the existing reader board sign and shall be placed at the location of the existing reader board sign.
2. The sign shall be limited to no more than three feet in height and eleven feet in length with a total maximum sign area of 33 square feet per side.
3. 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.
4. The intensity and contrast of light levels shall remain constant throughout the sign face. The electronic components of the sign shall shut off between the hours of 10:00 pm and 6:00 am, and shall use automatic day/night dimming software to reduce the illumination intensity of the sign from dusk until 10:00 pm.
5. The maximum brightness levels shall not exceed 0.2 (two tenths) foot-candles over ambient light levels measured within 150 feet of the source. Certification must be provided to Metro by the sign company prior to the issuance of the sign permit.

Section 5. Be it further enacted, a corrected copy of the preliminary SP plan incorporating the conditions of approval by Metro Council shall be provided to the Planning Department prior to or with final site plan application.

Section 6. Be it further enacted, minor modifications to the preliminary SP plan may be approved by the Planning Commission or its designee based upon final architectural, engineering or site design and actual site conditions. All modifications shall be consistent with the principles and further the objectives of the approved plan. Modifications shall not be permitted, except through an ordinance approved by Metro Council that increase the permitted density or floor area, add uses not otherwise permitted, eliminate specific conditions or requirements contained in the plan as adopted through this enacting ordinance, or add vehicular access points not currently present or approved.

Section 7. Be it further enacted, if a development standard, not including permitted uses, is absent from the SP plan and/or Council approval, the property shall be subject to the standards, regulations and requirements of the R10 zoning district as of the date of the applicable request or application. Uses are limited as described in the Council ordinance.

Section 8. Be it further enacted, that this ordinance take effect immediately 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.

LEGISLATIVE HISTORY
Introduced:	June 2, 2015
Passed First Reading:	June 2, 2015
Referred to:	Planning Commission - Approved with conditions and disapproved without all conditions. (7-0) Planning & Zoning Committee
Passed Second Reading:	July 7, 2015
Passed Third Reading:	July 21, 2015
Approved:	July 22, 2015
By:
Effective:	July 24, 2015