Controversial billboard law in for major rewrite

Friday, Jan. 4, 2002 | 9:40 a.m.

It isn't exactly "back to the drawing board," but a controversial new county law governing billboards may be extensively rewritten.

Clark County commissioners on Thursday forwarded a laundry list of amendments to an ordinance passed just one month ago -- and still not formally enacted. The ordinance essentially expanded the footprint of areas deemed acceptable for the outdoor signs, while requiring any new sign to come before the commission for review.

The Dec. 5 ordinance, largely written by the billboard industry, also prohibited any new signs outside of an expanded "overlay district." That district included the central gaming area of the Strip from Decatur Boulevard to Paradise Road, Sahara Avenue to Interstate 215, and sections of Interstate 15, U.S. 95, I-215, Boulder Highway and Las Vegas Boulevard.

Although industry representatives say they incorporated significant concessions to those opposing signs, community activists howled foul after the Dec. 5 vote. The activists, including members of the county's town advisory boards, say they didn't get a chance to consider and argue against the industry-backed ordinance.

Commissioners Chip Maxfield, Myrna Williams and Bruce Woodbury, all of whom opposed the Dec. 5 ordinance, questioned the validity of the new law's passage. With the help of Commissioner Yvonne Atkinson Gates, they opened the possibility of numerous amendments with the commission action Thursday.

County planning staff suggested at least 11 amendments, and commissioners requested others. Among the amendments up for formal introduction Feb. 6, and possible passage Feb. 20:

* Re-establishing a $500 permit application fee.

* Setting a 750-foot minimum separation requirement between billboards.

* Putting an "expiration date" in place for any county approval of a new sign.

* Excluding billboards on I-215 east of Warm Springs Road.

* Extending the overlay district to include areas in Laughlin.

Only Commissioner Erin Kenny, who had championed the industry-backed rules, and Commission Chairman Dario Herrera, whose key vote provided the majority to pass last month's law, did not suggest amendments.

Kenny said she is open to discussions on amendments and is not ruling out any of the proposals.

Herrera was absent from Thursday afternoon's discussions. He defended his Dec. 5 vote earlier in the day.

He said residents in his commission district often had no notice and no way to battle billboards that conformed to the pre-existing billboard overlay district.

Now, because all new signs must go through an application process that includes notification of nearby residents, people can fight unwanted signs -- and the commission can turn them down.

That was not an option for legally conforming billboards before the Dec. 5 law, Herrera and Kenny argued.

"I do remain open-minded about any additional proposals that are offered from my colleagues, staff and residents, and reserve my option to consider those when appropriate," Herrera said Thursday morning.

He said the commission's rejection of a handful of billboard applications Dec. 5 -- applications that did not conform to the new ordinance -- show that he and the commission are willing to buck the industry.

Herrera, who is running for a new congressional seat in the Las Vegas Valley, was the target of sometimes harsh criticism for his Dec. 5 vote. Some residents questioned his objectivity, pointing out that Herrera's wife works for a billboard company.

But Herrera said his vote wasn't affected by his wife's position. Before the Dec. 5 vote, he received verbal clearance from the county's attorney, Rob Warhola, who said no conflict of interest existed.

As when state legislators vote on issues affecting industries they or their family members work in, there is no legal conflict unless the vote would uniquely benefit a particular individual, Warhola said then.

Attorney Mark Fiorentino, representing the billboard industry, said companies aren't happy that the billboard issue isn't over -- but can live with it. He said the ultimate goal is to have a workable law in place.

"It is the very nature of this issue that you are not going to satisfy everybody," he said.