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08/21/2018 02:30 PMWithout a full-time zoning enforcement officer (ZEO) in the past two years, some tasks that the ZEO normally would do—like accepting and processing sign permits from commercial properties and tenants—were left undone. Now the new full-time ZEO, Eric Knapp, wants to correct that omission.
Knapp is asking any town property owners who don’t have a sign permit to call him, and he also hopes that commercial tenants read the zoning regulations governing the posting of signs. That’s because, as he has driven around town, Knapp has already identified some signs for which there are no permits and that, as posted, are in violation of the town’s zoning rules.
Knapp acknowledged that there has been little zoning enforcement in the past two years, so it may be that town business owners are just unaware of the rules. The sign rules are already on the books, however, and in recent Zoning Commission discussions of a major revision to the town’s zoning regulations, no major changes to the town’s sign rules have been discussed.
“Not allowed under the [zoning] regulations are illuminated signs, except for signs with municipal announcements; signs with visible moving parts (no spinning things allowed); or inflatable air or ground objects standing outside a structure,” said Knapp.
As to A-frame or sandwich board signs, Knapp notes that zoning rules allow placement of one such sign per tenant as long as a town zoning permit is obtained. One reason for business owners to get a permit is to ensure that where the sign will be placed won’t obstruct or disrupt pedestrian traffic.
Public safety protection is one reason behind the town’s sign rules. Without any oversight, signs might be placed so as to block sight-lines for drivers at intersections. The attributes of some signs—spinning things, for example—could distract drivers, thereby compromising safety.
Knapp noted the election signs, unlike commercial signs, do not require a zoning permit, but there are still zoning rules that govern their placement.
“Election signs for primaries must go up no sooner than 25 days in advance of the primary. Regular election signs cannot go up until the first Tuesday after Labor Day,” said Knapp. “Signs have to come down five days after an election.
“I try hard not to interfere with election signs—they are temporary. But I do want to alert residents to the rules that govern them,” said Knapp.
Other zoning provisions set forth the size and height limits for election signs placed in commercial areas and on residential streets.
Recently the Connecticut State Supreme Court ruled in the case of Kuchta vs. Arisian that zoning commissions can only regulate signs that advertise; signs expressing an opinion (in this case, dissatisfaction with a contractar) could not be regulated. From prior court cases, zoning commissions have been found to have the authority to regulate the size, height, location, and style of signs. Zoning cannot regulate sign colors (except in certain situations) or sign content.
On Wednesday, Sept. 5, the Zoning Commission will hold its second public meeting on the comprehensive revision of the town’s zoning rules that the commission hopes to adopt this fall. Should anyone wish to comment on the provisions governing commercial signs, this meeting would be the forum to do that.
The goal of the comprehensive revision is to make the rules easier to use and understand for the average property owner. In the draft revision are more tables, charts, graphics, and photographs to illustrate terms and regulations.
Another revision would allow owners of large commercial properties like Water’s Edge to apply for approval of a site master plan; such a plan would still require a public hearing of the Zoning Commission and its elements would need to meet town zoning rules, but once such a master plan were approved, individual permit applications to develop or re-develop land encompassed by the plan could be granted more quickly without public hearings, as long as the proposed project were consistent with the approved master plan.
“The goal of this change is to assist these areas to develop in ways both they and the town approve of,” said Knapp.