February 19, 2009 Issue
Watauga Planning Board Sends Electronic Billboard Ordinance To Commissioners
The Watauga County Planning Board met last Monday to debate proposed amendments to the existing sign ordinnce concerning electronic billboards along Watauga County roadways. Photo by Heather Hendricks
With the April 23 expiration of the moratorium prohibiting the addition of further electronic billboards along Watauga County roadways little more than two months away, the Watauga County Planning Board met last Monday, February 16, to debate proposed amendments to the existing sign ordinance.
After several months of considering the impact of more changeable electronic variable message signs, the board recommended that messages last for a minimum of 15 seconds—nearly double the current message length of eight seconds.
Lamar Outdoor Advertising Vice President and General Manager Jamie Machut stepped to the podium multiple times during the meeting to comment and answer questions proposed by board members.
“That would be a drastic difference to the way they’re operated now,” said Machut, adding that he could not recall a case anywhere in the United States where ad lengths on pre-existing signs were adjusted. “We just don’t have billboards with 15-second changes.”
Machut argued that the proposed change would drastically alter the company’s ability to earn income from the electronic billboards, saying that Lamar “can’t live with” the new guidelines as written. He argued that the new guidelines, if imposed, would represent a taking—an action by a government depriving a person of private, real or personal without the payment of just compensation. Machut argued that such a move would necessitate Watauga County to compensate Lamar for lost advertising income.
Machut also took issue with the final section of the amendment for its lack of clarity, which reads, “Subsequent to installation, Watauga County shall have the ongoing discretion to require that brightness, frequency, colors and other qualities be adjusted in order to address public and departmental concerns regarding the safety and aesthetics.”
“I think that’s really ambiguous and could cause more problems than it’s worth,” said Machut.
Country attorney Andrea Capua conceded that the language in that section of the amendment was still a work in progress.
“It is a problem, I admit it. We’ve been struggling with it,” said Capua. “As an attorney, I’d be lying to you if I didn’t say this was ambiguous.”
Tara Connelly, medical director for emergency services at Watauga Medical Center, spoke in opposition of electronic billboards at the meeting. Connelly argued that motorists are more likely to take their eyes off the road to look at electronic billboards whether they want to or not.
“When you take your eyes off the road, you drastically increase the risk of a motor vehicle accident,” said Connelly.
Following the discussion, the board voted to present the proposed amendments to the Watauga County Commissioners in March, who will schedule their own public hearing regarding the issue. Capua said that she would do further research on the issue of retroactivity regarding the board’s ability to regulate the three existing electronic billboards in Watauga County.
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