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County board divided over proposed sign ordinance

Changes made mirrored sign company's requests

By Lisa Majors-Duff

Faced with a more restrictive off-premises sign ordinance than they expected, three commissioners last Thursday (Nov. 4) proceeded to modify it.

Through a series of 3-2 decisions, Commissioners Roberta Crawford, Conrad Burrell and Franz Whitmire outvoted Chairman Jay Denton and Commissioner Stacy Buchanan to amend the proposed ordinance to allow higher and more frequent billboards along Jackson County highways.

Last week's work session, designed to allow commissioners and planners to discuss a draft ordinance to restrict billboards and other off-premise signs, began with a plea from George Allison, owner of Allison Outdoor Advertising Co. in Sylva. The session ended with an amended ordinance that mirrored Allison's requests.

Jackson County's appointed planning board developed the ordinance at the request of elected commissioners. "This ordinance (as written) would immediately devalue our business," Allison told the combined boards. "There are four or five items that are critical to amend."

After citing examples of the service his business offers the community - including praise he has received from Cherokee and Sylva business owners and his company's willingness to support church, civic and other non-profit organizations - Allison asked his general manager, Gary Ayers, to define the requested changes.

First, said Ayers, billboard heights should be 40 feet instead of the proposed 30; next, spacing restrictions should place signs 500 feet apart on the same side of the road instead of the proposed 1,000 feet on either side of a given thoroughfare. The requirement that signs be 250 feet from a residence should be removed, Ayers said, and sign companies should be allowed to replace signs as is if they are damaged by acts of God. Some 90 percent of all Allison billboards are used by Jackson County businesses, Ayers pointed out, "and the business community is concerned with this particular ordinance."

Allison and Ayers attended each of the meetings held by the planning board as it prepared the draft sign ordinance, a task assigned them in August on the heels of complaints from several Dillsboro merchants about a billboard installed just south of the city limits. County officials instituted a moratorium on off-premise sign construction Aug. 19 and asked county planners to draft an ordinance that would regulate future signs.

The Dillsboro billboard, constructed by PNE AOA of Pisgah Forest in August, was erected without a permit, according to Department of Transportation officials, and remains out of compliance with DOT requirements.

As a reaction to the county's moratorium, PNE AOA officials filed suit against Jackson County, claiming the stop-work order was improperly enacted and interferes with their right to collect revenue from advertising on the billboard. The lawsuit claims county officials were obligated to hold a public hearing prior to enacting a moratorium, and that they failed to do so. Jackson County attorney Raymond Large responded by saying Jackson County was not required to alert the public before enacting its moratorium.

DOT officials countered by saying an existing sign within 300 feet of the new billboard is what stood in PNE AOA's way of obtaining a permit. The sign company's lawsuit implied that DOT could not issue a permit because of the county's moratorium.

The fate of the moratorium, the lawsuit and the proposed ordinance is unclear following last week's session, which revealed the county board to be split decisively over the issues raised by Allison and Ayers.

Commissioners Crawford, Whitmire and Burrell began modifying the proposed ordinance, following, almost as presented, the requests made by Allison and Ayers. Denton and Buchanan took the side of the planning board, consistently voting to stick with that board's recommendations. "The question is not who uses billboards, but how many billboards we need in Jackson County," Denton said. "As county leaders, we need to look toward the future."

First to be changed was the required set back of 250 feet from any residence. Denton and Buchanan favored the planning board's recommendation, which would prevent one neighbor from placing a billboard literally on top of another, they said.

Crawford disagreed, saying that the set back requirement would adversely effect a property owners' right to use his land as he sees fit. A suggested compromise to require the set back only as it would apply to an adjoining property owner failed to impact the 3-2 vote.

Next to be amended was the planning board's recommendation for a 30-foot height requirement. With little discussion, Crawford, Whitmire and Burrell all voted for a 40-foot maximum, while Denton and Buchanan again supported the original figure.

Moving to the issue of repairing damaged signs, Crawford, Burrell and Whitmire agreed with Allison's request that such structures be allowed to be reconstructed to their original size, shape and frequency. Denton and Buchanan said they supported the intent of the proposed ordinance to eventually bring all county signs into conformity.

Crawford then moved that the spacing and frequency requirement be amended, again as Allison suggested, to allow 500 feet between signs on one side of the road. Burrell and Whitmire agreed, while Denton and Buchanan voted to keep the 1,000-foot spacing requirement on both sides of the road.

Several planning board members expressed frustration with the modifications made to the proposal, including Chairman Dean Coward, who explained the time, effort and research his board put in on the document. Two members of the planning board, Hugh Moon and John Turpin, left the board room in an obvious show of displeasure with the changes.

Tensions ran high when Commissioner Buchanan temporarily stopped the discussion to compliment the planning board on its effort and apologize for "wasting your time," a reference to the changes being made.

Commissioner Burrell countered Buchanan's apology by saying the board's "time was not wasted," and that in fact they "had done a tremendous job." "But we have to think about all aspects of the community," Burrell said. "(The proposal) is a good plan and a good place to start."

Commissioner Crawford's statements Monday echoed Burrell's view. "I know Mr. Buchanan felt we wasted the planning board's time, but I didn't feel that way. That ordinance was a lot more restrictive than I thought it would be," she said.

Allison's arguments had very little effect on her decisions, she said."People probably thought he and I are good friends, but the first time I ever met him was shortly after we took office last December." Her actions instead were based on her strong feelings about individuals' property rights. "I don't think you can legislate being a good neighbor. I'm very much opposed to telling anyone what they can do with their property," she said.

Another concern, Crawford said, was her understanding that DOT regulations already adequately protect county highways because billboards can only be located in areas where businesses exist. DOT's Jonathan Woodard, assistant district engineer, confirmed that billboards must be within 800 feet of a qualifying business - one that operates year round.

"There are actually very few spaces left where a billboard could be located," Woodard said. "Most spots are already taken."

DOT regulations, however, are more lenient even than the modified draft ordinance and allow higher, bigger and more frequent billboards. According to transportation department guidelines, billboard's can be up to 50 feet high with a surface area of 1,200 square feet. Required spacing is 300 feet between signs on one side of the road.

A public hearing on the proposed sign ordinance will be held Thursday, Dec. 2, at 5 p.m. in the commissioners boardroom. Commissioners will meet next Thursday, Nov. 18. Associate Editor Lynn Hotaling contributed to this report.

Back to Archive: 11-11-99.