Thanks to Dependable Erection‘s Barry Ragin for filing this dispatch for the Indy on last night’s INC vote on the billboard issue:
Last night’s Inter-Neighborhood Council vote on two competing resolutions
regarding billboards in Durham was something of an anti-climax. The
first resolution urges city and county planners to make no changes to
the current Unified Development Ordinance, under which all billboards
are non-conforming uses which can only be maintained, not upgraded. A
number of delegates spoke in support of this resolution, but it was Tom
Miller of Watts Hospital-Hillandale who made the point that any change
to the ordinance has the effect of making billboards legal and
conforming uses under code, thereby making them permanent parts of the
landscape. As non-conforming uses, billboards can not be replaced, for
example, if they are destroyed by an act of God, or if they are taken by
a highway widening project. Miller pointed out that since Durham banned
billboards in 1984, the billboard population has dropped from a little
over 200, to a little less than 100, and that another dozen or so
billboards are scheduled to come down over the next few years.
This resolution passed overwhelmingly, with one negative vote, and
several abstentions.
The competing resolution, which has been presented as the “digital
billboard” proposal, was defeated by a similar margin garnering two
positive votes. Arguments in favor of digital billboards rested mainly
on their ability to inform travelers of destinations and events in
downtown Durham, and their use to disseminate Amber and Silver Alert
information. It was pointed out that both city and county attorneys have
expressed the opinion that requiring digital billboards to display any
form of PSA as a matter of statute would be unconstitutional.
The most interesting vote, from my perspective, came from the Rockwood
Neighborhood. As the Indy noted in its Triangulator blog, Patrick Byker,
an attorney for K&L Gates, which counts Fairway Outdoor Advertising
among its clients, basically appointed himself as Rockwood’s delegate to
the INC last month by paying the $25 annual dues. Rockwood was one of
the neighborhoods abstaining from the vote. It would be interesting to
see the discussion that may have taken place on Rockwood’s email list
about what position their neighborhood would take during tonight’s vote.