The Texts: the LED Task Force Bill vs. the Original Deferred LED Bill

The two proposals to allow light emitting diode billboards in neighborhoods are quoted verbatim below. I don't see many substantive differences, and I am left to wonder whether Vice Mayor Diane Neighbors simply appointed the Task Force as an empty formality to rubber stamp the basic framework of Charlie Tygard's original bill. Amber colors and monument-style signs do not count as substantive.

The draft of the current LED Task Force bill:

WHEREAS, Ordinance No. BL2008-152 (as amended), which was deferred indefinitely by the Council in March 2008, would allow LED message boards in residential zoning districts for schools, churches, recreation centers and cultural centers on collector and arterial streets; and

WHEREAS, as a result of the discussion surrounding Ordinance No. BL2008-152, the Council adopted Resolution No. RS2008-319 requesting the Vice Mayor to appoint a task force to study Metro’s existing sign ordinance; and

WHEREAS, in response to the Council’s request, the Vice Mayor appointed the Sign Ordinance Task Force, which has met for several months to discuss revisions to the sign ordinance; and

WHEREAS, the Sign Ordinance Task Force has submitted its recommendations to the Metropolitan Council; and

WHEREAS, the Council now desires to implement certain recommendations of the Sign Ordinance Task Force as it relates to electronic display signs in residential areas.

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.04.060 by adding the following definition as a subcategory under the definition of “Sign”:

“Electronic display sign” means an on-premises sign, or portion thereof, that displays electronic, static images, static graphics or static pictures, with or without textual information. Such a sign 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. Each message displayed shall remain static for a minimum of eight seconds, and the change sequence shall be accomplished instantaneously. Electronic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic display signs shall not include animated images or graphics, audio components, scrolling messages, or video moving images similar to television images, provided that signs with video moving images shall be permitted within the commercial attraction (CA) zoning district.

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.08.030, District Land Use Tables, by adding the use “electronic display sign” as a special exception (SE) use in the AG, AR2a, R, RS, RM, MUN, MUL, MUG, MUI, ON, OL, OG, ORI, OR20, OR40, CN, CL, SCC and SCN districts, and as a permitted (P) use in the CA, CS, CF, CC, SCR, IWD, IR and IG districts.

Section 3. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.16.230 by adding the following as subsection A.:

“A. Electronic display signs.

1. The board of zoning appeals shall only grant a special exception use permit for an electronic display sign that is either replacing an existing sign on the property or is the first sign to be installed for a newly constructed building. No more than one electronic sign shall be permitted on a given lot for each street frontage.

2. Eligibility for electronic display sign. For property located within the AG, AR2a, R, RM and RS districts, community education facilities, cultural centers, recreation centers, and religious institutions are eligible to be considered by the board of zoning appeals for the installation of an electronic display sign, provided the following requirements of this subsection are satisfied. For property located within the MUN, MUL, MUG, MUI, ON, OL, OG, ORI, OR20, OR40, CN, CL, SCC and SCN districts, all nonresidential uses permitted in such districts are eligible to be considered by the board of zoning appeals for the installation of an electronic display sign, provided the following requirements of this subsection are satisfied.

3. Spacing. Electronic display signs shall be spaced a minimum of 500 feet from any other electronic display sign and shall be setback at least 250 feet from an existing residence.

4. Duration. 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.

5. Color. All portions of the message must use an amber color.

6. Intensity and contrast. The intensity and contrast of light levels shall remain constant throughout the sign face. Each electronic display sign shall shut off between the hours of 10:00 p.m. and 6:00 a.m. and shall use automatic day/night dimming software to reduce the illumination intensity of the sign to 500 nits from dusk until 10:00 p.m. The sign shall not exceed 5,000 nits during daytime hours.

7. Sign size, design and setback.

   1. Electronic display signs shall have a maximum electronic display surface area of thirty-two square feet and shall be integrated into a brick, stone or wood monument-style sign.

   2. The minimum street setback shall be fifteen feet and the electronic display sign shall not encroach upon the required side setbacks of the base zoning district.

   3. The maximum height of the sign shall be eight feet. The overall size of the sign structure in residential districts shall conform to the size limitations applicable to the ON district pursuant to chapter 17.32 of the metropolitan code. The overall sign structure for all other districts shall be based upon the sign standards for the base zoning district as provided in chapter 17.32 of the metropolitan code.”

Section 4. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.32.050 by adding the phrase “unless a special exception use permit has been granted by the metropolitan board of zoning appeals for such sign as an electronic display sign” at the end of subsection H.2.

Section 5. 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.

The bill that Charlie Tygard and others submitted a year ago in the face of public outcry as amended last March (with links to commentary on related events):

WHEREAS, the sign provisions of the Zoning Code, Chapter 17.32 of the Metropolitan Code, have remained basically unchanged since adoption in 1992; and

WHEREAS, technology in the sign industry has evolved in the last 15 years as to electronics; and

WHEREAS, the Tennessee General Assembly adopted legislation permitting changeable message signs with digital displays on April 19, 2007; and

WHEREAS, the Tennessee Department of Transportation, with guidance from the Federal Highway Administration, has adopted regulations for the use of digital displays on billboards in Tennessee; and

WHEREAS, businesses in Metro are asking to use LED message boards in certain areas where they are now prohibited; and

WHEREAS, certain community facilities such as schools, churches, YMCA facilities, etc., are also seeking permission for LED message boards; and

WHEREAS, it is appropriate that the Metropolitan Code provision pertaining to digital and LED signs be updated to reflect the technological advancements in the sign industry.

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

Section 1. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.32.050 by deleting subsection G. in its entirety and substituting in lieu thereof the following new subsection G.:

“G. Signs with any copy, graphics, or digital displays that change messages by electronic or mechanical means, where the copy, graphics, or digital display does not remain fixed, static, motionless, and nonflashing for a period of eight (8) seconds with a change time of less than two (2) seconds. Digital display billboards less than two thousand (2,000) feet apart are also prohibited.”

Section 2. That the codification of Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, be and the same is hereby amended by amending Section 17.32.050 by deleting subsection H. in its entirety and substituting in lieu thereof the following new subsections H.1. and H.2.:

“H.1. Video, continuous scrolling messages, and animation signs, except in the commercial attraction (CA) district.
2. LED message boards in residential zone districts except on collector or arterial streets.”

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: Charlie Tygard, Buddy Baker, Parker Toler, Jim Hodge

Amendment No. 1
To
Ordinance No. BL2008-152

Madam President:

I move to amend Ordinance No. BL2008-152 as follows:
1. By amending Section 1 by deleting the last sentence of the new subsection G., and substituting in lieu thereof the following:

“Digital display billboards less than two thousand (2,000) feet apart, and digital billboards that are not in compliance with the provisions of section 17.32.150, are also prohibited.”

2. By amending Section 2 by deleting subsection H.2., and substituting in lieu thereof the following new subsection H.2.:

“2. LED message boards in residential zoning districts. Notwithstanding the foregoing, LED message boards shall be allowed for community education facilities, cultural centers, recreation centers, and religious institutions located on collector or arterial streets in residential zoning districts."

Sponsored by: Charlie Tygard