Last week Las Vegas Billboards won an appeal before the Las Vegas City Council to convert a non-conforming static billboard to a digital billboard.  The case is a textbook study in how to win an appeal when the Planning Commission and Staff are against you.  Las Vegas billboard made three arguments in favor for the conversion:

• The conversion would reduce light pollution because upward facing static billboard lights would be replaced by a shielded digital billboard.
• The conversion supports the Planning Commission’s Project 2050 guidelines.  To quote Las Vegas Billboards representative Greg Esposito:”This request advances the innovation guiding principle of project 2050 by modernizing an existing commercial communications structure…the master plan recognizes the role of smart technologies…”
• The conversion allows Las Vegas Billboards to support small mom and pop stores in the area which have been impacted by local construction.  Esposito said, “It’s an existing sign the signs are not going away if you don’t approve it. It’s still going to stay this stay the way it is which makes it less practical.  If you allow us to change it we will be able to serve the local businesses much better.”

The planning commission and staff were opposed to the conversion because it was “intensification of a non-conforming use.”  Las Vegas Billboards won.  Here’s what the Mayor Pro Tem said when she supported the project.

I drive by it…it looks like it’s already past it’s better life and I think that our neighborhoods should be looking kept up and that…we’re making sure that everyone does their part and and the sign is gonna be there so I feel like the sign needs to be included in that refresh and that upkeep so I am going to be amenable to allowing the digitalization of this sign one because as technology is improving the screen sometimes are less visible than the lights that are currently shining on the static board…I want to have a six month and one year required administrative review to ensure that the change in not impacting those most adjacent…and I want to also make sure that we put it on the record that they said they are going to give a sweet deal to adjacent business owners…and also I’m including neighborhood groups.

Billboard Insider’s take:  You can win appeals if you do your homework.  Planning staff usually think about nothing but the sign code.  Elected officials have to think about their town’s atmosphere and the health of local businesses.   Las Vegas Billboards was proactive in addressing light issues, stressed the importance of the billboard to local small businesses and made the case as to why the conversion would further the aims of a local planning initiative (Project 2050).

The proceedings run from 2:17:13 to 2:28:14 of the attached video.