Local Auto Dealers Reviewed for Sign Compliance Violations
Posted
Jennifer Peryam-jperyam@timesuniononline.com
Two Warsaw auto dealers that were once found to be in violation of the city’s sign ordinance have met compliance.
However, the city has still found one auto dealer to not be in compliance.
During a hearing Monday afternoon at city hall, Warsaw Hearing Officer Lawrence Clifford reviewed the sign compliance cases.
The cases were for Warsaw Buick GMC, 2777 N. Detroit St.; Best Deal Auto, 2942 U.S. 30E; and The Auto Park, 2255 N. Detroit St.
Warsaw Building Commissioner Todd Slabaugh said the city mailed the car dealers letters in October. The letters stated that the businesses were in violation of the city’s zoning ordinance regarding banners and attention-getting devices.
The violations were for having balloons, flags, banners and streamers advertising their businesses on their property that are a distraction to motorists and violation of city code.
City Planner Jeremy Skinner said the city had received complaints of the balloons and flying banners at the three auto dealers.
The city’s ordinance that was passed by Warsaw City Council in 2001 for banners and attention-getting devices states that signs that move or give the appearance of movement are prohibited.
The prohibition includes attention-getting devices such as pennants, streamers, balloons and all other signs that undulate, swing, rotate, oscillate or otherwise move by natural or artificial means for the purpose of attracting attention, promotion or advertising.
Banners may not exceed 36 square feet in the display area. Only banners describing a public or community event may be located off-premises. Also, banners may not be placed within the right of way.
Additionally, the use of banners will be restricted to one banner per zone lot for the purposes of advertising a special event or promotion.
Slabaugh said Warsaw Buick GMC has taken down balloons and banners and are in compliance, as has The Auto Park.
However, Best Deal Auto is still not in compliance and has flying advertising flags and streamers at the business, Slabaugh said.
There is a Christmas banner the business needs to get a sign permit for, Slabaugh said.
David Baldwin, Best Deal Auto owner and president, spoke during the hearing.
He said the streamers and flags advertising his business have been there for the past seven years, and this was the first he heard of the city’s ordinance.
“To me it would be like telling a home owner you don’t like the color of his house or don’t like the tree he planted in his front yard,” Baldwin said.
He suggested the city modify or eliminate the ordinance.
Clifford suggested Baldwin discuss with the city council about his suggestion to change the ordinance.
Ted Nine, Warsaw Buick GMC manager and partner, said he felt his business was singled out by not being allowed to display advertising balloons, flags and banners when adjacent auto dealers in the county are allowed to.
Skinner said the city doesn’t have jurisdiction over the county businesses.
Nine also showed photos of several retail establishments in the city that have advertising flags on top of their businesses.
“It seems Warsaw Buick GMC has been asked to comply with a city code which puts us at an unfair disadvantage to other companies,” Nine said.
He said he was not aware of the city code before, and took down the flags and banners so he would be in compliance.
Clifford did not impose a fine Monday on any of the dealerships, but set another hearing for Feb. 20 at 1:30 p.m. at city hall.
During the hearing, Best Deal Auto will again be reviewed to make sure they reach compliance.
The Auto Park also will be reviewed to make sure they are still in compliance with the city’s sign ordinance.
