HomeMy WebLinkAboutAgenda - 06-02-2004-6aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2004
Action Agen a
Item No. -p
SUBJECT: Resolution Protecting Community Choice on Billboards and Opposing Senate
Bill 1056
DEPARTMENT: Planning & Inspections
ATTACHMENT(S):
Resolution
Senate Bill 1056 -Edition 1
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Craig Benedict, Director, Ext, 2592
David Fencl, Planner II/ZEO, Ext. 2607
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider adoption of a resolution to preserve and protect the ability of Iccal
communities to phase in new standards for billboards and other off-premise signs in order to
improve community appearance and oppose Senate Bill 1056 "Monetary Compensation -
Outdoor Advertising",
BACKGROUND: Recently, a bill was introduced in the North Carolina Senate that would
prevent communities from amortizing billboards and other off-premises signs and would also
require communities to pay up to five times the annual gross revenue from each sign (minus the
placement fee) in order to have the sign removed, Billboard amortization is a longstanding
technique that has been used to phase in new sign standards. It was first developed as a
compromise to balance the impact of new standards on sign owners with the legitimate public
interest in protecting community appearance, Amortization has repeatedly been upheld by the
courts when used with a reasonable phase-in period, often six to ten years,
The North Carolina Chapter of the American Planning Association apposes this legislation
along with the North Carolina League of Municipalities, the North Carolina Sierra Club,
Preservation North Carolina, and Scenic North Carolina, These organizations oppose the
proposed legislation for the following reasons:
® Local governments have traditionally made their awn decisions about the appearance of
their communities.
® North Carolina is blessed with beautiful natural places and historic communities. The
tourism industry relies heavily on this beauty and character to attract visitors, More and
more, communities depend on their community character to draw visitors, and attract and
retain new businesses,
• North Carolina courts have consistently upheld amortization as a fair and just method of
balancing the public interest in protecting community appearance with the financial
impact of new standards on billboard owners.
• Senate Bill 1056 would cost taxpayers tens of thousands of dollars to remove a single
sign by requiring local governments to have to pay up to five times the annual net income
of the billboard simply to have it removed. If and when the billboard industry begins
installing electronic signs in North Carolina, this cost could increase substantially.
• A number of North Carolina communities have used amortization to successfully improve
their community's appearance.
• Five times in the past, the General Assembly has prudently stopped the billboard industry
from getting an unnecessary windfall from taxpayers by making the right decision and
choosing the interests of communities over the interests of the billboard industry,
These organizations ask the Board to join them in their opposition to Senate Bill 1056 by
passing a resolution opposing the bill to help preserve the ability of local governments to use
amortization as a technique to phase in new standards for billboards and other off-premise
signs in order to improve their community's appearance.
It should be noted that the North Carolina Assoriation of County Commissioners (NCACC) is
also opposing Senate Bill 1056, with an NCACC staff member noting to County staff that the bill
is intrusive into local government planning authority and will cast a lot of money to pay owners
for removal through a cumbersome process of determining value. NCACC staff also has some
belief that a few, as of yet unknown, modifications are being formulated for the bill, but that
those revisions if they come to fruition will likely not be substantial enough and will likely not
change NGACC's opposition.
FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision.
RECOMMENDATION(S): The Manager recommends that the Board approve the resolution
and authorize the Chair to sign it,
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION ESTABLISHING ORANGE COUNTY'S OPPOSITION TO
S.B. 1056 MONETARY COMPENSATION ~-OUTDOOR ADVERTISING
WHEREAS, the North Carolina General Assembly creates laws for the citizens and
local governments of North Carolina; and
WHEREAS, Orange County has long had the authority to make decisions regarding the
County's appearance; and
WHEREAS, the Orange County Board of Commissioners recognizes the importance for
other local governmental units to make their own choices about community appearance;
and
WHEREAS, preserving the rural character of Orange County is becoming increasingly
important to our local economy by helping to draw tourists, and attract and retain
businesses; and
WHEREAS, Orange County has taken great steps to preserve the natural appearance
of its major transportation corridors; and
WHEREAS, Orange County would like to retain the ability to remove billboards and off-
premise signs through amortization; and
WHEREAS, courts have repeatedly upheld the legality of amortization; and
WHEREAS, Senate Bill 1056 would eliminate an important tool used by local
governments to remove billboards and require expensive and unnecessary payouts to
the billboard industry for their removal;
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of
Commissioners that the Board opposes Senate Bill 1056 "Monetary Compensation -
OutdoorAdvertising" that would prevent communities from amortizing billboards and
other off-premise signs and require local government units to compensate outdoor
advertising companies up to five times the annual revenue from each sign to have it
removed.
This the 2°d day June, 2004.
Barry Jacobs, Chair
Orange County Board of Commissioners
North Carolina General Assembly - ]Short Title: Monetary Compensation -Outdoor Adv... Page 1 of 3
~~:/
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S
SENATE BILL 1056
1
Short Title: Monetary Compensation - Outdoor Advertising.
(Public)
Sponsors: Senators Dalton, Kerr, Hartsell, Hoyle,
Webster; Foxx, and Thomas.
Referred to: Commerce.
May 12, 2004
A BILL TO BE ENTITLED
AN ACT TO REQUIRE LOCAL GOVERNMENTS TO PAY MONETARY COMPENSATION
FOR REMOVAL OF LAWFI7LLY ERECTED OFF-PREMISES OUTDOOR
ADVERTISING SIGNS AND TO AUTHORIZE LOCAL GOVERNMENTS TO ENTER
INTO RELOCATION AND RECONSTRUCTION AGREEMENTS WITH OWNERS OF
NONCONFORMING OFF-PREMISES OUTDOOR ADVERTISING SIGNS,
The General Assembly of North Carolina enacts:
SECTION 1, Article 11 of Chapter 136 of the
General Statutes is amended by adding the following section to
read:
"~ 136-131.2 Acquisition by local governments of
nonconforming off-premises outdoor advertising.
(b) A local governmental entity may require the
removal of an off-premises outdoor advertising sign that is
nonconforming under a local ordinance; and may regulate the use
of off-premises outdoor advertising within the jurisdiction of
the local governmental entity in accordance with the applicable
provisions of Chapter 153A and Chapter 160A of the General
Statutes.
(c) No local governmental entity may enact or
amend an ordinance to require the removal of any nonconforming,
lawfully erected off-premises outdoor advertising sign without
the payment of monetary compensation to the owners of the
safety of the populace.
(2) The local governmental entity allows
the removal and relocation of the advertisina to an
of the off-premises outdoor advertising in place immediately
prior to its removal and without consideration of the effect of
the ordinance or any diminution in value caused by the ordinance
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North Cazolina General Assembly - ]Short Title: Monetary Compensation -Outdoor Adv.... Page 2 of.3
recfuirinq its removal, less the fair market value of the ~,'~ /
off-premises outdoor advertising immediately after its removal. ~/
(3) The purchase price of the rights to
erect and maintain the advertising.
(4) The income derived from the
advertising.
(5) The sales price of similar
property_
(6) The listed property tax value of the
Aroperty and any documents regarding value
submitted to the taxing authority
(e) In lieu of monetary compensation, a local
notice of its intent to require removal of outdoor advertisin
by sending a letter by certified mail to the last known address
of the owners of the outdoor advertising and the owners of the
property on which the outdoor advertising is located.
(~ If the parties fail to enter into an agreement
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with the advertising, less any placement or agency fees, over
the preceding five years.
(I) The factors listed in
subsection may allow for the removal of the advertising after a
set period of time in lieu of monetary compensation. A local
governmental entity may adopt an ordinance or resolution
disagreements between the parties. If no agreement to arbitrate
is reached, jurisdiction under this section shall be in the
(h) A local governmental entity may take up to
three years from the effective date of an ordinance requiring
payment of monetary compensation under this section to make the
compensation, if the ordinance allows the affected property to
the period of amortization in effect on the effective date of
this section. No provision of this section applies to outdoor
North Carolina General Assembly - ]Short Title: Monetary Compensation -Outdoor Adv..., Page 3 of 3
advertising located in the extraterritorial Jurisdiction, or the O
territory acquired by annexation within three years of the
effective date of this section, of a local governmental entity
of
law
SECTION 2. This act is effective when it becomes
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