Sign Ordinance

April 2007:

The City of Daphne is considering changes to the current Sign Ordinance. Discussions, including allowing digital signs, may be included on the agenda for the next work session on Thursday, May 10th in the Council chambers. Check the City calendar for details.

From the March 2006 OTDA Newsletter: Proposed Changes to the Sign Ordinance:

Proposed changes to the Daphne City Sign Ordinance were discussed in committee, sent to the Planning Commission in January and returned to the Sign Committee for further discussion, input, and a presentation from Lamar Advertising, in February. Additional revisions have been made, since the sign committee's recommendations. Copies of the proposed changes to the sign ordinance were received by the Planning Commission on March 30th shortly before the start of the meeting. After a brief discussion, including a suggestion to add digital signs, the Commission determined that it will schedule a work session to discuss proposed changes. See: Proposed changes to Sign Ordinance 3-30-06. A copy of the current Daphne City Sign Ordinances is available in the Library. There will be a public hearing regarding the changes on Friday, April 7th at 3:00 in the Daphne City Council Chambers.

●In a related issue, the Alabama Senate's Small Business and Economic Development committee scheduled a public hearing for Wednesday, April 11th regarding SB 52, Sen. Hank Erwin's bill to permit the reconstruction of nonconforming billboards that have been destroyed by "acts of God." This is the same bill as SB197 proposed last year. SB197 provides a method for replacement of billboards or outdoor advertising signs, destroyed by a weather event or act of God, with the same size, color, etc. The new bill quotes 3 sections of Alabama code, 2 of which refer to “just compensation”. It is not clear how just compensation is determined and whether compensation would be an issue in Daphne. Daphne does not allow new billboards and if more than 50% of a sign is destroyed it can not be rebuilt. Would compensation be mandatory? How will this affect our scenic roads? See: SB 197 to read about pending legislation replacing damaged billboards in Alabama.

Press Release 2006: SCENIC ALABAMA LEADS SUCCESSFUL EFFORT TO DEFEAT BILLBOARD PROTECTION BILL

SB 197 died with the closing of the 2006 legislative session, which was good news for elected officials and planning boards in Alabama. This bill, introduced by Sen. Hank Erwin of Shelby County said a billboard could be reconstructed if it met federal, state, and local guidelines, even if a city's sign ordinance said that a destroyed billboard could not be rebuilt.

Many Alabama cities don't permit billboards, but an existing billboard can stay up - this is commonly called the "grandfather" provision. It means that the billboard is a "legal nonconforming use". Sen. Erwin's bill would have allowed billboards to be reconstructed, against the wishes of the local citizens, and even if other nonconforming uses could not be rebuilt.

This bill would have been a blow not only to sign regulations, but also to zoning regulations in general, since there would have been nothing to stop the legislature from coming back later and deciding some other nonconforming use deserved special rights.

After Scenic Alabama received word of this bill from the Alabama chapter of the American Planning Association, we implemented a statewide effort to stop it. City officials, planners and citizens wrote letters, sent emails and made phone calls to legislators to state their opposition to the bill.

On April 5, the State Government Committee in the House of Representatives voted to hold the bill, after a public hearing which had been requested by Scenic Alabama. Executive Director Lisa Harris testified, as did a representative of the city of Orange Beach. Several members of a Gulf Coast business group* traveled from south Alabama to Montgomery to express their opposition to the bill.. (*Gulf United Metropolitan Business Organization, or GUMBO)

Most cities, especially in tourism-dependent areas, are trying to prevent or limit billboards. Scenic Alabama was pleased to be able to take the lead in fighting this bill and supporting local government.

●From Scenic Alabama: Proposed moratorium on digital signs in Birmingham:

The Birmingham City Council will vote Tuesday, April 24th on a moratorium on digital billboards. If it passes, then the city will have time to look at how it wants to deal with these Jumbotron signs, before any more are put up. Councilor Valerie Abbott is sponsoring the moratorium resolution.

Most of you are probably familiar with these digital boards, which use LED lights and which change pictures every few sections. In the Birmingham area, there is one on I-65 North just past the Oxmoor exit, and one on West Oxmoor road. Within the city limits of Birmingham, there is an LED Board on Roebuck Parkway.

There are some serious concerns about digital boards. They are very bright and seem to be distracting. There are no studies that prove they are safe for the driving public. The federal government is doing a study that should be out next year on their impact on drivers. In the meantime, a moratorium is a sensible step to stop these signs until they can be properly regulated for public safety.

If you live in Birmingham, please show your support for the moratorium and attend the City Council meeting on Tuesday, April 24 at Birmingham City Hall. The meeting begins at 9:30 a.m. If you plan to attend, please reply to this email so that we know to expect you.

If you cannot attend, send your comments and we will make sure they are heard. Be sure to mention if you live in the city of Birmingham, work in the city of Birmingham, shop in the city or travel through the city. If you're a citizen of Birmingham, please also contact your city council representative and tell him or her that you support the moratorium.

If you need more information on the issue of digital billboards, Scenic America has a new position paper, available at www.scenic.org.