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Board approves Lamar Outdoor variance for digital billboard after technology and visibility arguments
Summary
The BZA approved a variance to allow a Lamar Outdoor Advertising digital billboard despite a zoning rule requiring a 1,225‑foot setback from residentially zoned parcels; applicant argued light‑mitigation technology and existing built environment make the strict rule obsolete.
The Board of Zoning Appeals on July 17 granted a variance to Lamar Outdoor Advertising for a digital billboard in the Green Hills/Hillsborough corridor after the company demonstrated that modern light‑mitigation technology would limit visibility to residentially zoned properties.
Lamar’s counsel said the sign’s LED face would be fitted with directional shielding that narrows the billboard’s luminous arc and greatly reduces the likelihood of light entering private residences. Counsel presented aerial exhibits showing the billboard’s projection arc would point along Hillsborough Boulevard toward commercial zones, not directly into nearby residentially zoned parcels such as those near the YMCA and Hillsborough High School.
Board members discussed whether the code’s circle‑based distance rule remains appropriate in an era of targeted digital displays. Some members who voted in favor said the technology and surrounding tall buildings and commercial uses justify relief; one member opposed, citing nearby residential uses in mixed developments and concern about direct light exposure to future residents. The motion to grant the variance passed 4–1.
What the board considered: The applicant presented a technical memo, site maps and references to prior BZA cases granting similar relief on Jefferson Street, Massman Drive and Gallatin Pike. Counsel said the state law limits digital display change intervals (commonly 8 seconds) and cited the use of shielding technology as evidence that the public policy goal of keeping bright lights out of bedrooms would be met.
Outcome: Variance approved 4–1. The board’s order requires the applicant to implement the light‑mitigation measures shown in the submitted exhibits.
