Franklinton billboard ban upheld

The Town of Franklinton won at least one dispute in a court case involving two billboard advertising companies last week.

Superior Court Judge Robert Hobgood ruled in favor of the Franklinton commissioners against Visual Outdoor Advertising of Wilmington in the May 31 hearing.

He said the board did not violate any procedural regulations under North Carolina state law by not taking action on special use permit applications submitted by the company in January to erect five signs along U.S. 1.

Franklinton Town Attorney Johnny Williamson said Visual Outdoor Advertising wanted the courts to order the town commissioners to vote on the permits. When the business applied for the special use permits, the board members failed to make a motion on the applications, causing all of them to be denied.

Hobgood said the courts did not have the authority to make the board vote on the issue."I thought he was certainly correct, based on the law," Williamson said.

The board did vote on two special use permit requests by Fairway Outdoor Advertising of Raleigh in April. They voted unanimously against them.

Fairway requested special use permits to erect two signs along U.S. 1. The company asked the courts to demand the commissioners provide finding of facts, showing why their applications were turned down.

Williamson said Hobgood ruled that the commissioners will have to include those finding of facts in the meeting minutes, documenting why the permits were denied.

In both instances, the town's planning board recommended the billboards be turned down on the basis that they would have an adverse effect on adjoining properties.

In hopes of putting the issue of billboards to rest, the commissioners recently voted to delete an ordinance allowing billboards in town. Williamson said the new ordinance does not allow special use permits for the signs, meaning no new billboards will be permitted in town.