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Majority vote not enough to adopt billboard law

By Lisa Majors-Duff

A majority vote by county commissioners last Thursday (Dec. 2) was not enough to adopt an off-premise sign ordinance.

That's because for an ordinance to become law on its first reading, it must be approved unanimously, said county attorney Raymond Large.

Following a two-hour public hearing, at which a majority of the nearly 40 speakers were in favor of an ordinance recommended by the planning board in October, board members voted 3-2 to adopt a less-strict version of the ordinance crafted in early November.

Just as at that meeting, commissioners voting for the revised ordinance were Roberta Crawford, Franz Whitmire and Conrad Burrell. Chairman Jay Denton and Commissioner Stacy Buchanan, who voted against making the proposed ordinance less restrictive in early November, continued to oppose the document.

But before moving on, Large brought up the unanimous vote rule and let board members know they had not adopted the ordinance with their 3-2 vote. A majority vote on the same document at the board's next meeting Thursday, Dec. 16, would mean the new law stands, Large said.

Commissioners approved a moratorium on the construction of all off-premise signs after a group of Dillsboro residents and business people complained about the size and location of a sign constructed just outside their town limits by PNE AOA of Pisgah Forest in August. County officials then assigned their planning board the task of drafting an ordinance to address billboard and other off-premise sign restrictions.

The ordinance proposed by the planning board was made less restrictive in the areas of sign height (proposed to be a maximum of 30 feet; revised to allow for 40 feet) and frequency (proposed to be 1,000 feet spacing on either side of the road; modified to allow signs every 500 feet on both sides). Changes would also allow sign companies to replace any damaged, "grandfathered" signs and would allow signs to be erected 10 feet from a property line, unless a school, church or playground is involved.

All changes made to the original ordinance mirrored those suggested by Allison Outdoor Advertising officials during a joint work session of commissioners and planners.

More than 100 people attended last week's public hearing on the revised sign ordinance, with 24 speakers asking commissioners to approve the original, more strict document. Fifteen speakers, nine of whom represented themselves as employees of Allison Outdoor Advertising of Sylva, lobbied for the modified version.

Planning Board Chairman Dean Coward urged commissioners to reconsider the original draft by pointing out the cross section of planning board members who worked several weeks on the document and the compromises they reached with the local sign company.

"(Allison's) worked with us on the issue and said they could live with (the proposed ordinance)," Coward said. "We worked for the citizens of Jackson County and at the same time tried not to harm the sign industry."

Planning Board member Hugh Moon said Jackson County, because of its location near so many attractions, will be targeted by billboard companies now and in the future.

"It's important to act now," Moon said. "(The original ordinance) is full of compromise, yet still has some teeth. It offers safeguards from what we don't want our county to look like."

"These restrictions are environmentally and visually right for the area," said Dave Redman, who works on tourism development for the Eastern Band of Cherokee.

Several speakers endorsed the original ordinance on the basis that it would protect the natural beauty of the county, a factor many attribute to the number of tourism dollars being spent locally. Others commented on their disappointment that board members would consider regulations less strict than those imposed in surrounding counties.

Dillsboro Inn owner T.J. Walker predicted that billboard advertising will soon be a thing of the past as more people discover the ease of the Internet and the technology is incorporated in newer model vehicles. Both he and planning board member Ruth Bryson objected strongly to the spacing allowances.

"If we put signs every 500 feet, we'll have to drive mighty slow to read them all," Bryson said. Dillsboro business owner Susan Leveille brought up her concern that Allison's Outdoor Advertising seemed to be "holding all the rest of us hostage. This ordinance will not do away with billboards, as seems to be implied by some speakers," she said.

"I represent a lot of people who live (in Jackson County) because of what God created here," said Clinton Waterhouse of Glenville. "This ain't Dollywood and it ain't Gatlinburg, thank God." Also speaking from southern Jackson, Buddy Smith of the Cashiers Area Chamber of Commerce said he supported the original ordinance.

William Shelton of Qualla community said he supported the original ordinance for the sake of his children's futures. "Planning for the future is important," he said. "The flood gates are open, and I support slowing down growth here."

Those speaking on behalf of Allison Outdoor Advertising included owner George Allison, office manager Sara Allison, Ron Sorrell, Jeff Bryson, Gary Ayers, Richard Davis, Cary Carino, Tim Hayes and Bob Stagger. Included in their statements to the board were lists of the Jackson County businesses that use billboards and statistics from their industry that say more than 70 percent of the traveling public uses billboards to find restaurants, hotels and attractions. They also listed the non-profit organizations they benefit by providing billboard space free of charge.

"We are making a contribution to the economy," George Allison said. "We provide an alternative method of sharing information."

"The proposed ordinance would put a stop to big billboards like the one constructed near Dillsboro," Ayers said. And if natural beauty is a concern to those on the other side of the fence, why not cut down all the homes and stop using all the roads, Ayers asked the board. The billboard industry is already regulated by state and federal laws, he said, and no more are needed.

Those speaking on behalf of the revised ordinance from outside the Allison corporation included Cherokee businessman Leo James, who said that although he did not like billboards, his business needs them to direct people to his restaurants.

"People driving need a place to sleep, a place to eat and a place to buy gas," James said, "and billboards provide that information."

Harrah's Cherokee Casino official Jerry Egelus and Hillary Osborne of the Tribal Gaming Commission quoted for commissioners visitor, employee and advertising figures generated by the casino during the past year. They indicated that the casino spent $500,000 on billboard advertising in a 200-mile radius and that nearly two-thirds of visitors came from outside the state. As North Carolina's largest tourist attraction, the casino employs some 1,500 people with a $33 million payroll, they said.

Another Cherokee business person, John Vela of Cooper Enterprises, stated that nearly 80 percent of those who stayed in the Holiday Inn, Best Western or other Cooper-owned motel said they found the lodging option with the aid of billboards.

The county's moratorium on the construction of billboards and all other off-premise signs is set to expire Dec. 16.

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