background image
ly had definitive authority to perform
the role that it did even under the
former ordinance.
"It doesn't address who or what
entity, as currently stated in the ordi-
nance, it does not provide for who
or what entity issues the permits,"
he said. "Historically, the Historic
District Commission has approved
them. I am not of the opinion that
the Historic District Commission
had the authority to do that under
our code."
The new ordinance, which will
head to first reading at the Town
Council's next meeting, would clari-
fy the matter, said Gaskill. Authority
to approve new sandwich board
signs in town would fall on the
shoulders of the Planning and Zon-
ing Department Director, a post cur-
rently vacant. But unlike with the
HDC, there would be no wiggle
room for opinion; if a sidewalk sign
meets the basic guidelines set by
the town, it will have to be approv-
ed.
"That [Planning and Zoning di-
rector] will not have any discretion
to issue a permit or not if these con-
ditions are met," Gaskill said.
Removing the HDC will "stream-
line the process a little better," said
Councilman Troy Purnell. Williams
agreed.
"I just think we made it unduly
onerous to get approval for some-
thing that is pretty straightforward,"
he said.
At a public hearing on the ordi-
nance two weeks ago, however,
HDC members, including Chair Car-
ol Rose, voiced concern that the
town should have standards beyond
the bare basics for which signs are
approved.
"We support our merchants; we
want them to do well. We want peo-
ple to shop in their stores, to eat in
their restaurants," said Rose. "We
want everyone to do well. That be-
ing said, there should be standards
with these sidewalk signs."
But at Monday's meeting, Wil-
liams asserted that the line between
standards and "taste" blur too often
and it's not the town's job to only
approve signs that officials find
pleasing. As for the standards by
which signs will be judged, little
would change should the new ordi-
nance pass.
Sidewalk signs would still need to
be less than two feet wide at the
base and under three feet in height.
The core of the sign will have to be
made of wood, though this would
still allow for chalkboards and the
like to be placed on the front of the
signs. One change in the new ordi-
nance is that signs would be author-
ized to stay out all night instead of
having to be dragged in when shops
close.
Finally, the new ordinance would
carry over the old restriction that
each business in town only be per-
mitted one sign. This was a limita-
tion that several town merchants
petitioned the council to remove,
asking businesses that are located
off of Main Street be allowed two
sidewalk signs to make up for a lack
of foot traffic.
Drawing distinctions between
merchants based on location was a
bad road to begin down, opinioned
Williams.
"As much as we can, we want to
treat everybody the same," he said.
Instead of using multiple signs,
Williams suggested that all mer-
chants need to do is continue to
cross-promote each other.
"Every merchant downtown is
trying to promote every other mer-
chant, every other business, regard-
less of it it's on Main Street or not,"
he said. "Main Street is an address;
it's our backbone but it's not the
whole town. So I think that trying to
draw distinctions that fine is not in
the best interest of the town in the
long haul."
The council agreed that the ordi-
nance would move forward to first
reading at their next meeting in ear-
ly July.
One other sidewalk obstruction
concern was also addressed this
week. The two restaurants in town
that currently have chairs and tables
out on town sidewalks will be ex-
pected to come before the council
before their next meeting to ask for
official permission to keep those
obstructions in place.
Change Removes HDC From Sidewalk Sign Process
Page 18
June 28, 2013
The Dispatch/Maryland Coast Dispatch
By TRAVIS BROWN
STAFF WRITER
BERLIN ­ More than a month in
the works, Berlin's new proposed
sidewalk obstruction ordinance would
remove the Historic District Commis-
sion (HDC) from the approval process
for new sidewalk signs.
According to Mayor Gee Wil-
liams, the proposed ordinance
would eliminate personal opinion
from the matter and would expedite
a cluttered process.
"We were taking what should
have been a simple administrative
process and turning it into a
debate," he said. "And for what pur-
pose I have no idea."
Under the old ordinance, any
business seeking to add a sidewalk
sign had to first appear before the
HDC. The appointed board was
then responsible for approving or
rejecting the design of the structure,
a practice that too often boiled down
to personal opinion, asserted
Williams.
"Quite frankly, I do not think that
it's our place to try or even attempt
to regulate taste or that sort of
thing," he said. "If a business has a
sandwich sign that is offensive, un-
attractive, doesn't make sense or
whatever, I think it will prove to be
not an asset for that business. But
that's what the customers decide."
By Town Attorney Dave Gaskill's
legal opinion, the HDC never actual-