Talkin’ Code Code Office reveres Christmas, Hanukkah & Nation’s Flag

Q&A: SEASONAL SIGNS

Q: Can anyone just put up any sign and not get a permit?

A: Permits are required for almost all signs.

Q: Almost all signs? What kinds of signs do not need permits?

A: Certain exempt signs like Nameplate or identification signs, non-illuminated sale or rental signs not to exceed six (6) square feet, one religious sign not to exceed sixteen (16) square feet of sign area shall be permitted for approved public/semi-public structures or uses, one contractor sign not to exceed six (6) square feet on the project property, directional signs, some political signs, one flag with the word “open,” and one temporary “A-frame” sign provided it is only displayed during open hours of operation, and not to exceed 6 square feet.

Q: WOW! Is this the actual language from the zoning ordinance?A: No… this is a general description. To get a full list and the text of the ordinance, refer to Section A-2 of the ordinance.

Q: This tells me what signs don’t need a permit, however, what is a sign? What kind of things can be considered a sign?

A: Great Question. Straight from the zoning ordinance:

A “sign” shall mean any devise affixed to, painted upon, or represented directly or indirectly upon a building, structure, or land which directs attention to an object, product, place, activity, person, institution, organization, or business.

Q: So if my business neighbor puts up a new sign on his place of business, and does not get a permit, what do you do?

A: Occasionally signs are removed from public right-of-ways or on public property.

Or, eventually they will receive a notice of violation from this office offering an opportunity to voluntarily correct the problem, or maybe a court appearance ticket will be issued.

The ticket process is a little cumbersome and a huge inconvenience for everyone involved, especially when the permit process can be pretty simple.

Q: Someone else has put up a ten foot tall, interior lighted Santa Claus. It shines right in my windows and drives me crazy. What can you do about that?

A: This office has always ignored anything to do with Christmas, Hanukkah, the Easter Bunny or the American Flag.

We won’t touch them or start any action… complaints or not.

And we do get complaints.

Q: What about the Santa Claus? That’s not a Nativity Scene, or really religious, it’s just Santa Claus!

A: Again, this office will not take issue with Christmas, Hanukkah or our nation’s flag.

Q: But this Santa Claus is in a business and just like your definition above is used to attract attention to their business, therefore it’s a sign, without a permit and should be removed! When are you going to do your job and make them remove it?

A: No, I’m sorry. This Code office won’t touch Santa Claus. Do you really think I’m going to issue Santa Claus a ticket to appear in local court?

Besides, where do I send the ticket to?

Q: We believe this particular Santa Claus is a sign, and should be removed because of no permit. And we are demanding you tell them to take the sign down. You will do that today, right?

A: Obviously we do not agree as to whether this ten foot Santa Claus is a sign or not.

This office does not interpret this Santa Claus as a sign, therefore no permits are required. No violation exists.

Q: You are wrong, that Santa Claus is a sign by the town’s own definition.

Do you have the authority to interpret the ordinance, or can we take this to someone else?

A: Anyone has the right to take an issue like this to the town’s Zoning Board of Appeals [ZBA] for an official interpretation.

The ZBA has the legal authority to make these interpretations when there is a difference in opinion as to how the Code Office reads the zoning ordinance.

Q: We want to see the ZBA… how do we do that?

A: The next ZBA meeting is after Christmas Day, and rest assured, you’ll be on the agenda.

Merry Christmas to all, and to all a safe weekend.