Lisbon barber wins sign dispute in court
By MATTHEW SCHOMER/Staff Writer
LISBON — The warm glow of the Brian’s Barbershop sign continued to glow over the village’s historic district Friday night, its owner cleared of all charges facing him.
County Municipal Court Judge Mark Frost issued a judgment entry Friday declaring Brian Davis, West Lincoln Way, not guilty of the four counts of displaying an internally lit sign in a historic district he had been facing.
“We feel the system didn’t let me down. They actually listened to all sides and determined what was the law,” Davis said Friday afternoon after learning of the decision in his favor.
The village had charged Davis with violating village ordinances prohibiting signs with internal lighting inside the historic district on four separate nights. The ordinance they cited set historic district design standards that called for elimination of internally lit plastic signs and for each sign in the district to be lit by a light source mounted in front of the sign and with a metal shield over the light source.
However, Davis had argued that a provision in the village’s general zoning codes allows for such signs to exist, which Frost confirmed in his judgment entry.
The village adopted its general zoning codes in 1994 and last amended the sign ordinance in 2001. As it currently reads, a portion of the ordinance states, “All signs and advertising structures, except hereinafter modified, may be illuminated internally or by reflected light.”
Frost also noted the village in 1998 adopted the ordinance that established the historic district and set its design standards.
“However, none of these standards which were clearly intended to be applicable to the Historic District were referenced to in any existing section of the Codified Ordinance or in the Zoning Code which may be accessed online at the Village’s Web site,” Frost stated in his judgment entry. He also noted the ordinance establishing the historic district does not contain a provision to repeal or supercede the previously adopted ordinance allowing for internally lit signs anywhere in the village.
Frost said it is obvious village council intended to prohibit internally lit signs in the historical district, but it failed to establish that idea through its existing ordinances. Furthermore, he pointed out that Village Attorney Virginia Barborak informed the village Board of Zoning Appeals of the conflicting ordinances as early as December 2008.
“The law was the law. It was very cut and dry, and they should have seen it up there,” Davis commented.
Davis said he holds no grudges against anyone in the village and acknowledged the village government is in place to make and enforce local laws.
“Their job is also to help us and encourage business; promote business,” he added. “Their job is not just to slap the hand and slam the gavel down.”
Davis said he has seen a tremendous amount of support since village officials first began publicly discussing taking him to court over the sign issue in July.
“I’m in awe. I’m thankful for the support of everybody in the community and all the customers,” he said.
Davis had made two other arguments for his innocence, the first of which was a claim that the village should have granted him a variance. However, Frost noted the Municipal Court does not have the power to review the Board of Zoning Appeals’ decision.
The other argument was that the village was using discrimination or selective enforcement, and Davis had noted the internally lit time and temperature sign at Huntington Bank is in the historic district, and the bank had received a variance. But Frost again noted he cannot determine who should and should not receive a variance and that there was no evidence suggesting Davis was the subject of selective discrimination.
“Clearly there is great merit in a town with such a proud history as Lisbon taking steps to preserve that history ... But the imposition of design or zoning standards has always been viewed in the law as an infringement upon the rights of individual property owners,” Frost noted in his judgment entry.
The Morning Journal attempted Friday to contact all five members of the Board of Zoning Appeals. No members returned the calls.
mschomer@mojonews.com.
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