Insider is surprised how many small communities have sign codes which are not compliant with Reed V Gilbert. The biggest offense is a sign code with multiple categories which requires a sign inspector to read a sign to decide what sort of rules apply.
Insider knows of one Indiana town which has separate sign regs for:
- Construction signs
- Signs not exceeding one square foot
- Legal notices
- Memorial plaques
- Sponsorship signs
- Residential temporary signs
- Construction signs
- Real Estate signs
- Temporary advertising/special event signs
- Pennants and balloons
- Political signs
- Garage/Yard sale signs
- Off-Premise Signs
This is a Reed v Gilbert lawsuit waiting to happen. Gilbert Arizona’s sign code got into trouble because it had 23 categories of signs so an inspector had to read a sign to decide what sort of regs applied. GEFT has a lawsuit pending against Westfield Indiana for a similarly complicated sign code.
There’s a case to be made for proactively approaching your community to help them get their code right. Otherwise they may pass a code with unintended consequences. One Indiana community passed a Reed v Gilbert sign code fix which required the city to issue a permit for any sign – on premise, off-premise, real estate signs, temporary signs, yard sale sign, political signs and church service signs… You can imagine the mess this has created for the city’s planning department.
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