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Sylva cracks down on illegal signs
By Carey King
The black and silver streamers flapping along the perimeter of Performance Motors are in violation of town sign regulations and must come down, town officials say.
Sylva Zoning Administrator Jim Aust informed used car dealer Russ Cagle of the problem in July, and Cagle has now appealed the decision to the town’s zoning board.
Sylva ordinances prohibit signs in the public right of way, and also ban those that move, rotate or flutter – two standards that Cagle’s streamers fail to meet.
Town officials passed the regulations in 1998 “to keep things looking nice,” Aust said. He began an enforcement campaign in June after the “whole town got carried away” with posting temporary, attention-getting signs along roadways and on utility poles.
The action resulted in citations to several businesses for a total of about 80 violations, Aust said. Excepting Cagle, all those notified have since complied with town rules, he said.
Zoning board members were scheduled to hear Cagle’s appeal Aug. 10, but his attorney, Diane Sherrill, was unable to appear due to illness. The matter will continue to be discussed by Sherrill and town attorney Eric Ridenour, Aust said.
Cagle’s appeal is based on a claim that Sylva’s regulations are vague and unconstitutional, and their enforcement unreasonable and arbitrary. The ordinances are “an illegal restraint on trade” and infringe on free speech rights, the appeal states.
Cagle is also attempting to appeal a third violation – that of ignoring a required 10-foot landscape buffer along the highway and a 5-foot buffer along the car dealership’s line with adjoining property.
“(Business owners’) first complaint is that we don’t want business in Sylva,” Aust said. “But the town has worked hard to clean itself up, and these signs portray a lack of professionalism.”
Putting up “15 different signs saying the same thing” shows “a certain sense of desperation,” Zoning Board member and business owner Lee Ewart said.
“If someone wants to put up a sign, they need to contact me,” Aust said, noting that he can help advertisers meet town rules.
Also during the Aug. 10 meeting, Zoning Board members turned down a variance request from Allison Outdoor Advertisement to move an 8- by 12-foot junior billboard currently located near the Citgo station on N.C. 107 to the premises of Aunt B’s Donut Shop.
Town ordinances require 800 feet of separation between billboards, and the Aunt B’s location is only 350 feet from a billboard near Country Classic Real Estate, Aust said.
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