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Trustees walk ine line on egulating signs
(by Joan Demirjian - January 03, 2011)
Trustees walk ine line on egulating signs
By JOAN DEMIRJIAN
Bainbridge Trustees opted Monday to continue a hearing to Jan. 24 on proposed amendments to the township's sign regulations after issues arose over public-opinion and political signs.
Public-opinion signs would include political or campaign signs. Under the proposed amendment, public opinion signs would be limited to 2-by-3 feet.
Trustees will seek an opinion from the Geauga County Prosecutor's Office about the questions that arose over the constitutionality of the proposed amendments involving such signs.
Trustee Matt Lynch said he took an oath to uphold the Constitution, "and I take it seriously. The township should not engage in regulating free speech."
Such signs, political or public opinion, cannot be regulated, even as to size or how long they are displayed, Mr. Lynch said.
He cited the City of Hudson in Summit County, which lost a case involving regulating the size of a political size.
"You cannot regulate them, other than for safety," Mr. Lynch said.
The proposed amendments are trying to limit free speech to a particular size. "There are no other communities attempting to do this," he said.
"It's unconstitutional to attempt to regulate public-opinion signs," Mr. Lynch said. Such signs are protected, just as political signs are protected, he said.
He also said public opinion should be defined so the zoning inspector knows when issues come up. "The proposed zoning says it has to be 'noncommercial.' What does that mean?
"Because the amendment lacks definitions, I believe it's unconstitutionally vague," Mr. Lynch said.
He said the prosecutor's office warned the Geauga County planning commission about these problems and the planning commission recommended against them, "but the zoning commission went ahead anyway.
"You have to balance aesthetics with Constitution rights, which are more important in the end," Mr. Lynch said.
Trustee Lorrie Benza said she will wait for the prosecutor's opinion. The model zoning does not define public-opinion or political signs in the township, she said.
"And anything not permitted or conditionally permitted is prohibited and would need a variance," she said.
"Ultimately, at the end of the day, just because everyone has the right to express their opinion in the form of a sign on their properties doesn't mean they should," Mrs. Benza said.
"Imagine what an attractive community we would have if we would put handmade signs in our front yards. Just because we can doesn't mean we should. Sometimes we take a little more pride in how our neighborhood looks."
In commenting on the regulations, Trustee Jeff Markley said, the Geauga County planning commission reviewed the proposed amendments and is uncomfortable with the changes and amendments. "It hasn't been done before in the county," he said.
However, the township has to deal with new zoning language because it is being confronted with the issues, he said.
Mr. Markley said regarding concerns Mr. Lynch had with the constitutionality and lack of definition and direction or guidance for the zoning inspector, they decided to continue the hearing until more information can be gathered.
He said the proposed amendments have to do with aesthetics and appearance. "It has nothing to do with content or what is said on the signs," Mr. Markley said.
"I agree that the zoning inspector needs better direction and how to define public opinion and political signs," he said. "There is no definition of public opinion, and how can someone tell if it is."
Don Sheehy, chairman of the zoning commission, said the commission began looking at sign regulations in part because current zoning is not easily applied to the larger shopping centers in the township. They are "constantly coming in for sign variances, and that weakens our zoning," he said.
They wanted to provide large retail facilities with a package for uniform signage, he said. The proposed language gives them some flexibility, but makes them more accountable, Mr. Sheehy said.
"There were a lot of things that had to be updated and we tried to incorporate it in one fell swoop," he said.
In the process, they looked at political and public-opinion signs, and removed the political-sign definition. "We can't regulate political signs." People have the right to express themselves, and "you cannot deny that right," he said.
"We're proposing reasonable zoning parameters that give guidance to residents and businesses. We're trying to protect the health, safety and welfare of the community," Mr. Sheehy said.
Consultant George Smerigan, of Oxbow Engineering, worked with the township zoning commission on the regulations. He attended Monday's trustees' meeting to review the proposed amendments.
He said there is no limit on the content of public-opinion signs. "They can express whatever they want," Mr. Smerigan said. But there is a limit proposed on their size to 6 square feet, he said.
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