The Livingston Board of Zoning Appeals voted Monday night to uphold the city codes director’s decision to deny eight new digital signs.
City Attorney Andre Greppin said as part of the application that the billboards would change images at least every eight seconds. Greppin said the city’s ordinance states that the signs would be considered flashing signs. Greppin said the city’s ordinance states that flashing signs are illegal in all zoning districts.
“A flashing sign is a directly or indirectly illuminated sign in which artificial light is not maintained, stationary and constant in intensity and in color at all times in use,” Greppin said. “It doesn’t say at least for eight seconds; it says at all times in use.”
Greppin also said that the proposed signs would violate the size requirements for the ground structure signs. Roland Media’s Representing Attorney Carley Darby, said there are several examples of the city allowing other sign applicants to use digital technology, and that denying Roland’s request violates equal protection rights under both the U.S. and Tennessee constitutions.
“I’m just gonna call this what it is, it’s home cooking an outsider, and it’s clear,” Darby said. “And so my question is, when is that gonna stop?”
Several residents spoke against the signs. Former Alderman Kelly Coleman said the city has had a mission to clean up and limit flashing signs.
“Our city has paid thousands and thousands, and I bet you hundreds of thousands of dollars directly or indirectly defending sign ordinances, because of advertisers from out of town, such as Mr. Roland,” Coleman said. “I’m tired of it, I’m angry, I’m disappointed. I suggest, and I am coming to the city council meeting, I suggest that they make the rules even tighter and more clear to include specific sign manufacturers such as Firewatch. If that’s what we need to do, by dang it, that’s what has to happen.”
Roland Digital Media Owner Dave Roland said several small businesses in Livingston have requested that his company build a digital sign for them to direct people to the downtown area.
Roland also said the same thinking that the board was using is the same thinking that ultimately brought a Walmart to Algood instead of Overton County.
The board unanimously voted to uphold the decision to deny the request.
