Zoning Board faces cemetery sign conundrum
The Board of Zoning Adjustments voted unanimously to grant conditional approval to a nonconforming, off-premise sign for the Bella Vista Cemetery.
The approval was given with the condition that the city staff attorney looks over the design and ensures it does not open the door for litigation for potential copyright infringement and that the location, sign area and dimensional characteristics of the sign remain unchanged — though new facing was permitted in these conditions.
Ron Bond, of the cemetery board, explained that the signs in question would be replacements for existing signs alongside Forest Hills Blvd. and Lancashire Blvd. that provide direction to the cemetery.
The goal, he said, was to create a more eye-catching sign that would make it easier for people to find the cemetery. Bond said he’s gotten complaints from people who can’t find the cemetery.
Initially, he said, the cemetery board tried to get into the Wayfinding sign system, but this was denied because the cemetery doesn’t fit neatly into any categories available for the program.
“We submitted a permit to simply replace the existing signs. That also was denied,” Bond told the board. “We are now before you to ask for a variance to replace those signs.”
At this point, he said, the board was planning to re-use the old posts and replace the signs with something more visible and attractive.
He did not believe, he said, there would be any real issue if the footprint remained the same.
“We’re just asking that we be allowed to maintain rights that we already have,” he said. “Really, it’s for the betterment of the community.”
Chris Suneson, director of the Community Development Services Department, said that the permit was denied and the staff believes the waiver should be denied based on city code.
The signs, he said, are nonconforming, but when a new application is brought in, the signs need to be brought into conformity with the code. Because the code currently does not allow for off-site signs, he said, these signs — which are not located in an area where the cemetery operates — cannot be rebuilt.
Other off-site locations, he said, will still be prohibited, even if on-site signage does little good for the cemetery.
Moreover, he said, the proposed design was similar to the area’s Wayfinding signage. If the city approves this, he said, there could be a perception that the city is sub-licensing that design. Any emulation of the graphics, colors or shapes, he said, could expose the city to liability.
Board member Larry Wilms said that, with the cemetery being a public service, he sees this differently from other potentially nonconforming signs.
“We’re not advertising for profit,” he said. “I don’t know that that makes any difference in terms of interpreting your code.”
Board member Angela Goodman said she agreed that the cemetery provided a public good, and it was frustrating to see this much difficulty for a nonconforming sign when some commercial enterprises have nonconforming signs as well.
“I’m extremely frustrated sitting here thinking that we’re deliberating about a sign for a cemetery,” she said. “It’s frustrating to think we don’t have another way around this.”
Chairman Robert Walker said that, while he was in agreement, it is important to look at this without emotion and focus on interpreting the code.
After discussing and coming up with the conditions, the board voted unanimously to approve the signs.
The board also looked at a variance on rear and side setbacks for a septic field on Cargill Drive. Without an applicant present to explain why the layout could not be made to fit, the variance was tabled until the board’s next meeting, Dec. 19.