Committees discusses temporary sign ordinance modifications

The property maintenance and restoration committee of the Hillsboro City Council met Monday evening to discuss ongoing issues with the city's temporary sign ordinance. 

Committee chairperson Bonnie Parr presented committee members Peter Pence and Bill Alexander with a proposed revision to the city's ordinance code section 153.05, which stated: 

(A) Any sign announcing fairs, carnivals, festivals, socials or similar activities shall be erected not sooner than 30 days prior to the start of the event and removed not later than 15 days after the event. Businesses may erect temporary signs related to the business activity engaged at the location of the sign as long as said businesses keep the signage on their own property and off the public right of way, and provided any temporary sign is not erected for more than 30 days.

(B) No permit shall be required for any sign described in paragraph (A), except those erected by businesses. Businesses must apply for a temporary 30-day sign permit. On the 31st day following erection of the temporary business sign that is not removed at 30 days, businesses must be in compliance with City Code Section 153.04 and make all required applications and pay all required fees. 

Parr said that she had partly written the draft, along with Hillsboro Law Director Fred Beery. 

Alexander asked if the "fines and fees" mentioned in draft ordinance were stipulated in Section 153.04. Committee members looked for a copy of that ordinance sections but didn't immediately find it, and Parr told Alexander that he should have been issued a copy of the city's code of ordinances. 

He asked if there was a fee for temporary signs, and Parr said there was not for temporary signs.

According to Section 153.04, there are fees set forth for permanent sign permits, but it does not spell out fines if a temporary sign is left up longer than 30 days. 

"What happens if a sign is left up for more than 30 days?" Alexander asked.

"That's our problem," Parr said, because temporary signs are not being taken down. "They need to fill out a paper and get an application for a regular sign."

If that does not happen, Alexander asked, what happens next?

"What happens?" Parr asked, directing the question to Hillsboro Safety and Service Director Ralph Holt. 

"You tell me," Holt said. "(The ordinance) is vague. What is a temporary sign?"

"Read the ordinance," Parr said. She then read Section 153.05 as it currently stands regarding temporary signs as, "Any sign announcing fairs, carnivals, festivals, socials or similar activities shall be erected not sooner than 30 days prior to the start of the event and removed not later than 15 days after the event. Businesses may erect temporary signs related to the business activity engaged at the location of the sign as long as said businesses keep the signage on their own property and off the public right of way."

The committee noted that there is no description of what qualifies as a temporary sign, other than the length of time it is up. There is no description regarding materials or how it is installed. 

When the committee previously discussed the issue in January, a fee for the signs had been suggested, but the committee ultimately decided against that. 

Following that meeting, several Hillsboro business owners had spoken out against the revisions to the temporary sign ordinance, stating that council was going to make a hardship on businesses, when many area businesses were already struggling.

Pence read an email from Highland County Chamber of Commerce President Katy Farber, who encouraged the committee to consult with area businesses, so that voices outside of the Hillsboro City Council are heard on the matter so a conclusion that is beneficial to the city, and businesses, can be reached. 

"If a business owner leaves a temporary sign up, does it become a permanent sign?" Alexander asked. 

"No, Parr said.

Alexander asked if there was a description on permanent signs, and Parr referred him to Section 153.03 of the Code of Ordinances regarding permanent signs. 

"It can't be a canvas sign like we have uptown now," Parr said. 

Brent Huffman, of the Hillsboro Uptown Business Association (HUBA), and owner of Brent Huffman Design Studios, addressed the committee, saying he thought they should work to enforce the current codes of ordinances regarding signs before they make any changes. 

"If you can't enforce what you already have on the books, what good is it to add additional ordinances?" Huffman said. 

Parr said they were not adding ordinances; rather, they were making changes to the current ordinances. 

Alexander said, "It needs to be cleaned up so it can be enforced."

Holt said that as it stands, businesses can leave up a temporary sign indefinitely as long as it is on their property. 

Rod Daniels, a Hillsboro City Council member and candidate for Hillsboro mayor, said he thought that problem could be rectified by adding a time frame for businesses regarding temporary signs.

Daniels sat with the audience members and not with other council members, and he said he was there as a concerned citizen, not as a council member. Parr said that Daniels would eventually have to vote on the issue as a council member. 

"The issue right now," Holt said, "for a temporary sign, nothing is required."

Daniels said, "People say it's a temporary sign when everyone knows it's a permanent sign."

Rachelle Trefz, HUBA president, said that business owners had told her that they have had difficulty in getting permanent signs approved because they didn't have "the right colors."

Holt said that in addition to signs having to fit the criteria set by the city's sign ordinances, businesses located in the four blocks designated Historic Uptown Hillsboro are required to have their signs approved by the design review board. That board is comprised of three uptown business owners, who are appointed by the mayor.  

"You've run into problems enforcing the sign ordinance?" Daniels asked Holt. 

"Yes, that's our problem," Holt said. 

Hillsboro Mayor Dick Zink said the ordinance does not address signs "advertising businesses that are stuck in people's yards" and does not specify how long a temporary sign must be down before it can be put back up. 

Because permits have been proposed for temporary signs, Pence said, "It doesn't say how many permits you could have in a year."

"That's not defined," Zink said. 

Daniels said that, "a temporary sign could go up, they take it down for three days, and then put it back up again. How does (Holt) enforce the rules? They need to make a change in the sign or something."

"Especially when you put up a nice canvas sign," Parr said. "You all know who I'm talking about."

"No, I don't," Trefz said. 

Daniels asked if temporary signs applied to Real Estate signs, and Holt and Zink said they did not, but those were addressed in a different ordinance. 

Zink said the committee needed to specify that a 2009 U.S. Supreme Court decision prohibited limiting the amount of time election signs can be up because that is a violation of freedom of speech. Zink said the city's sign ordinance had given a time frame in which election signs could be put up prior to an election and then must be taken down following an election. 

"I learned that when I told the cattle baron of New Market to take his signs down," Zink said, referring to Hillsboro mayoral candidate Drew Hastings. "It makes you look like an idiot, because the law director didn't tell us."

"That needs to be in the ordinance book," Pence said. 

"We all know it sitting here now, but I'm not going to be sitting here after Dec. 31, thank God," said Zink, who is not seeking re-election for mayor. 

After a pause in conversation, Parr said she didn't know how to proceed at that point and asked if there were any other ideas. 

Huffman asked if the committee considered a person hired by Liberty Tax Service to dress as the Statue of Liberty and walk up and down South High Street was considered a temporary sign. 

Trefz said, "I'm being told I have to get a temporary sign permit, but he can stand in front of my business all day."

Zink said that needed to be addressed, along with sidewalk signs, such as the one located in front of Town Square Jewelers. 

Trefz and Huffman both said that "sandwich board" signs were a benefit to businesses to advertise specials and they felt they should be allowed on the sidewalks. Holt said that because the signs are placed in the right of way on the sidewalks, if someone should fall over them and get hurt the city would be liable. 

"If they didn't work, there would be such a need for them on the (Highland County) Courthouse lawn," Trefz said. 

"No doubt it would help businesses," Zink said. Addressing the committee he said, "You guys make the ordinances, but it's (Holt's) job to enforce them."

Daniels suggested that the city consider having two different codes, one for the historic area of town, and one for the rest of town. Zink said that such ordinances were already in place.  

"I haven't see that one yet," Daniels said. 

Daniels then asked if the temporary sign ordinance applied to signs put in yards by contractors as they are working on a house. Holt said those signs were prohibited in areas zoned Residential A and Residential B. Daniels said that most contractors were probably not aware of that, and that because construction was the second-largest industry in the city, the committee should consider addressing that. 

Parr joked that she was going to have Daniels re-write the sign ordinance. 

Pence said he had also seen a lot of landscaping signs in areas zoned Residential A and B. 

"Whose responsibility is that?" Holt said. 

Daniels said the city needs to make sure that more people are aware of the ordinance. 

Parr said that she had a list of items that needed to be addressed in the revision of the temporary sign ordinance, such as possible materials, election signs and the amount of time they can be left up. Those issues will be addressed at an upcoming meeting. 

The committee then moved on to another matter, which was a request Holt brought before the committee from Pizza Hut on South High Street in Hillsboro regarding a request for a second sign. 

Holt said that a sign facing South High Street had already been installed, and a second one was being requested to face Walnut Street. Holt said the second sign violated the city's permanent sign ordinance. 

The committee voted 3-0 to grant a variance to allow a second sign.