ORDINANCE NO. BL2016-

An ordinance amending Sections 6.28.030, 17.16.250, and Chapter 17.32 of the Metropolitan Code with regard to sign regulation (Proposal No. 2016Z-013TX-001).

WHEREAS, in Reed v. Town Gilbert, Ariz, 135 S. Ct. 2218 (2015), the U.S. Supreme Court outlined when a sign was content based and thus received 1st Amendment protections; and,

WHEREAS, cities and counties across the United States are now revising their sign ordinances to comply with the Court’s ruling; and,

WHEREAS, Section 17.04.060 of the Metropolitan Code contains definitions of on and off premises signs that could use clarity; and,

WHEREAS, Chapter 17.32 of the Metropolitan Code currently contains provisions that may constitute impermissible content based regulation under the Reed decision.

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

Section 1. Section 6.28.030.E of the Metropolitan Code is hereby deleted and replaced with the following: “Signage. Any sign, as defined in M.C.L. 17.32.030.B, on a property used as a short term rental property shall be governed by the provision of M.C.L Chapter 17.32 Sign Regulations.”

Section 2. Paragraph 16 under the definition of “sign” in Section 17.04.060 is hereby deleted and replaced with the following:

“On-premises sign” in the CC, CF and CS zone districts and effective January 1, 1998 in the CA, CL, SCC, SCR, ORI and MUI zone districts, except within an historic overlay district, means a sign that advertises or attracts attention to a specific event, activity, establishment, commodity, product, service or entertainment which is conducted, sold, distributed or offered on the same premises as the sign or offered elsewhere than upon the same premises as the sign, if the sign is accessory to the principal use.

“On-premises sign” in any other zone district, including property within an historic overlay district, is a sign that advertises or attracts attention to a specific event, activity, establishment, commodity, product, service or entertainment which is conducted, sold, distributed or offered on the same premises as the sign.

Section 3. Section 17.16.250.D.3 of the Metropolitan Code is hereby deleted and replaced with the following: “Signage. Any sign, as defined in M.C.L. 17.32.030.B, on a property used for a home occupation shall be governed by the provision of M.C.L Chapter 17.32 Sign Regulations.”

Section 4. Section 17.36.120.C.2.d. of the Metropolitan Code is hereby deleted and replaced with the following: “Signage. Any sign, as defined in M.C.L. 17.32.030.B, on a property used for a home occupation shall be governed by the provision of M.C.L Chapter 17.32 Sign Regulations. An additional accessory residential sign, not to exceed the dimensions of one square foot of area, may be permitted.”

Section 5. The text of Chapter 17.32 of the Metropolitan Code shall be deleted and amended as shown on the attached exhibit to this ordinance. The graphics shall remain the same.

Section 6. Be it further enacted, that this ordinance shall take effect immediately after its passage.

Sponsored by: Burkley Allen, Samuel Coleman, Mina Johnson, Jeremy Elrod

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AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-309

Mr. President –

I move to amend Ordinance No. BL2016-309 as follows:

I. By amending Section 4 by deleting it in its entirety and substituting therefore the following:

Section 4. Section 17.36.120.C.2.d. of the Metropolitan Code is hereby deleted and replaced with the following: “Signage. Any sign, as defined in M.C.L. 17.32.030.B, on a property used for a historic bed and breakfast homestay shall be governed by the provision of M.C.L Chapter 17.32 Sign Regulations. An accessory residential sign, not to exceed the dimensions of one square foot of area, may be permitted.”

II. By amending the Exhibit referenced in Section 5 as follows: Amending subsection O of section 17.32.040 to read as follows:

O. In residential districts, any non-commercial sign of a type described below which does not exceed one square foot in area:
1. A sign located on the front of house itself, one sign per lot,
2. A mailbox sign (one sign per dwelling unit).

Sponsored by: Burkley Allen, Mina Johnson

LEGISLATIVE HISTORY
Introduced:	July 5, 2016
Passed First Reading:	July 5, 2016
Referred to:	Planning Commission Codes, Fair, and Farmer's Market Committee Planning, Zoning & Historical Committee Public Works Committee
Amended:	August 2, 2016
Passed Second Reading:	August 2, 2016
Passed Third Reading:	August 16, 2016
Approved:	August 17, 2016
By:

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