County tables action on a sign moratorium

The Alleghany County Board of Commissioners tabled action on a moratorium that would temporarily ban all off-site advertising signs.

The ban would have exceptions, including one for temporary signs that would be displayed for less than two months. However, billboards would never be considered temporary advertising.

County Attorney Donna Shumate said the planning board wants to address the issue of signs in some fashion.

The board was ready to act on the proposed moratorium document, which was prepared by Shumate, but Shumate advised that it would be better to give her more time to look into the legalities of the matter.

The county can pass such a moratorium in one of two ways—under its zoning powers or under its police powers.

During her research of case law and other information, she said she determined that the county could choose to pass the ordinance under police powers, even though the county has a zoning ordinance in the property rights protection ordinance.

After drafting her proposed moratorium with this in mind, she contacted a zoning attorney for a second opinion. "I am so uneasy with zoning ordinances," she said in explaining her seeking input from another attorney.

That attorney told her that the county would have to regulate signs under its zoning ordinance since it has one in place, even if it wants to move forward under police powers.

"I need to look into this more," she said.

Commissioner J. Warren Taylor noted, "We have two different renditions of an opinion. We probably should wait to make sure what we're doing."

Commissioner Milly Richardson quipped, "I'd say that's always a good idea."

County Manager Don Adams said the county's planning board had indicated they were looking into a stand-alone ordinance, rather than an amendment to the property rights protection ordinance.

 

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