Animated sign law draws critics

Seymour Plan Commission members will re-examine an ordinance that bans animated signs and billboards in the city.

A discussion took place at Thursday night's meeting after Bill Bailey, president of Greater Seymour Chamber of Commerce, requested the board make changes to allow for the signage.

He suggested the city control them by limiting the signs in size, how often messages change and what time of day they operate.

"I'm not asking for action tonight," Bailey said. "I'm just trying to plant a seed. I've been approached by a couple of chamber members who desire to purchase and put up these kinds of signs."

The ordinance was created in the fall of 2006 after several Seymour businesses, including an auto dealership, a dentist's office, a pharmacy and a couple of churches, erected such signs.

City attorney Rodney Farrow said the ordinance bans all animated signs, but some had to be "grandfathered in," because they had been purchased and put up before the law went into effect.

Former city attorney Jeff Lorenzo said today the ordinance was written with the idea that BZA would not be allowed to grant variances for the animated signs. But he added Indiana Court of Appeals rulings have said the BZA would have the authority to do so.
Farrow said today that's interpretation, too.

"My sense of zoning law is that you can ask to vary anything, but you may not get the request approved," Farrow said.

Many people, including some members of the commission, say the signs are "gawdy and distracting to drivers." Other members question their use.

Plan Commission member Kenny Pfaffenberger doesn't want to see any more animated signs in town and would like the city to come up with a way to address the existing ones.

"There's got to be a way to stop some of these," he said. "I'm for toning down what is already here."

Fellow plan commission member Andy Hagedorn, a member of the city council, agreed.

"I don't find them attractive, and I think without allowing them we are keeping the playing field level for our businesses," he said.

Bailey said businesses want the community to look its best but are trying to keep up with technology.

He agreed some of the signs are a problem.

"I went out and timed some of the sequences of messages on the signs and there are two or three that are gawdy," he said. "One cycled every three seconds, which is very distracting."

Some electronic signs, however, do work without being an eyesore, he added.

"Electronic signs that don't have visuals seem to be popular and work to bring in profit for businesses," Bailey said. "I don't want to open it up to carte blanche, but we can't deny that the technology exists."

Commission President Don Myers Jr. had a different take on the signs, saying it could be hurting the city's economic development by not allowing them.

"If a business wanted to come to Seymour and found out it couldn't have an electronic sign, it might decide not to come, and then the word would get out that we don't allow these things and other businesses might be turned off by it."

Myers also said he didn't think the issue would go away anytime soon.

"I don't think this technology is a trend," he said. "I don't think it is going away. You are going to see them more and more."

Commission member Ann Britton said she would like to see the signs limited in where they can be placed.
"I don't think it should be in neighborhoods," she said.

In other business

Also Thursday, the plan commission:

-- Tabled a request from Ric Temple to rezone 5.94 acres on the north and northeast side of Colonial Drive and 2.01 acres to the south of Colonial Drive, along Airport Road, from single-family residential to commercial zoning.

-- Approved a request to rezone property at 311 Holiday Square Road from commercial to multi-family residential zoning to allow for construction of brick duplexes.

-- Approved a request from Schneck Medical Center to vary from single-family residential zoning to allow 401, 405, 411, 415 and 417 S. Poplar Street and 417 W. Brown St. to be used for parking.