Let the billboard be erected or not? That was the question for city council

ASHEBORO — Asheboro’s new city attorney, Tom Carruthers, took the lead briefly during the city council meeting on June 4 to explain the process for a billboard request.

After hearing from experts during the meeting, city council members voted to reject that request for a special use permit to add a billboard at 350 West Salisbury Street just outside downtown.

Arguments for and against new billboard

Billboards typically require a quasi-judicial hearing, so presenters are sworn in and tendered as experts. Carruthers explained that in situations like this, council members step out of the role of legislators and into the role of a quasi-judicial official. They must make their decision based on the facts, not their opinions about the area.

The applicant Tella Billboards asked to add a 12-foot-by-24-foot double-sided board no higher than 34 feet tall. The experts argued whether it fit four criteria:

■ Poses no threat to health and safety. 

■ Meets all zoning requirements.

■ Will not injure adjacent property or it is a public necessity.

■ Will be in harmony with the area.

Community Development Director John Evans said that section of West Salisbury is zoned Industrial and lies in the Central Fringe Planning Area. He said it is meant to encourage a mixed-use development. It may include retail, professional and financial services, industrial, public buildings and residences.

Evans said the land development plan does not allow free-standing signs like billboards but pointed out the area has a mix of different signs, and many existed before the current ordinance.

Attorney Tom Terrell with Fox Rothschild represented Tella Billboards. He said it would not be out of character with the area and would blend in with the power poles, Acme-McCrary Mill signs, the old Hedgecock chimney, and the railroad. He argued for favoring the more permissive zoning ordinance over the land development plan.

“For decades, these buildings and parking lots have shown very little change,” Terrell said. “When you redid the ordinance a few years ago, you chose to keep this district I2, and to keep all the uses applicable to I2.”

Appraiser Brian Crowder presented a market impact study on how it might affect other properties. He said a billboard would not create additional traffic, odor or noise. He said the site is an established corridor with many non-residential uses and signs.

The opposing argument came from Reynolds Neely, former planning director for Asheboro, who presented a negative assessment of a billboard’s harmony with the area. He argued, “The council’s goal is to promote development that encourages a stable, attractive, economically viable, pedestrian-scaled environment and preserves, enhances the visual appeal of streets leading into and out of the Center Planning Area.”

When they finished, Carruthers summarized the presentations. Since no one argued against the first three criteria, he said those should be taken as proven. As to harmony, he said if they found Terrell had not met his burden of proof, they should weigh the testimony of Evans and Neely.

“I would submit to the council that the plan of development is referring to both the Asheboro zoning, and the land use development plan, and laundry list of other items listed by Mr. Terrell as relevant to this proceeding,” Carruthers said.

Council member Mary Joan Pugh asked if 350 West Salisbury Street was ever used industrially. Evans said he was not aware of any.

She said, “When we redo the zoning ordinance, or when we do a land use plan, that is the guide to the future, correct?

And unless you have a land use plan, you can’t have an ordinance. In developing the zoning ordinance, you can do things like this fringe.”

Council member Kelly Heath asked how a billboard falls in line with industrial infrastructure. Terrell said industrial is a broad category to contain items that create vibration, dust and noise. He argued the billboard would be less invasive than these.

Council member Phil Skeen asked if they should consider public necessity, comparing it to the power poles which are considered necessary. Terrell said they should not consider it because it is a prong of the third criteria. It would only be relevant if the market study found injury to neighboring property.

The council briefly discussed permitting the billboard but adding conditions to make it shorter. Ultimately, Pugh motioned to deny it. She said, “City council intended for this area to be special. This is showing that we want to expand what we’ve started in the Central Business District to this fringe area.”

Council member Eddie Burks added, “It concerns me, the maintenance of boards that I see that are single panel like that. They fall into disrepair. They fade. And I don’t think that’s harmony with our bright and vibrant city.”

Other business on the agenda

■ Water Resources Director Michael Rhoney asked the council to approve a company to work on North Asheboro Park’s stream restoration project. He said the bids came in high, but they negotiated with the lowest bidder, BackWater, down to a $361,000 contract. The city can use a $305,000 grant from North Carolina’s Land and Water Conservation Fund to help cover the costs. The council voted to execute the contract.

■ The city council annexed a quarter acre at the end of Springdale Lane. City Manager Donald Duncan said Tomas, LLC now owns the unopened right-of-way. The city has agreed to help improve the street so it can connect to new construction.

■ City Engineer Michael Leonard gave the annual report from the Asheboro Regional Airport Authority. He said they discussed quarterly safety reports, aircraft hangar rentals and reviewed a design for the new terminal. There’s a wait list for hangars.

■ Finance Director Debbie Reaves led the council in moving around funds for a new fire truck, the Center City Garden project, and water and sewer repairs. She said unspent Zoo City Sportsplex funds and grant money that was about to expire could be used. The council’s votes ensured the money goes into the correct project fund.