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Sign Ordinances and the Real Estate Sign – How to Prevail

By
Services for Real Estate Pros with DeeSign.com

Ordinances usually start as well intentioned responses to improper use of temporary signage other than real estate signs. The law must treat all content equally; so these policies can affect the real estate industry negatively.

This is a story of a group of Realtors who banded together and challenged a potentially restrictive sign code.

Our village was updating their zoning code for the first time in decades. In the past, political signs where not posted even though there wasn’t a law prohibiting them. This particular year a few candidates challenged the village’s “unwritten law”. Since the trustees were rewriting the zoning code, they proposed requiring a sign permit for ALL temporary signage.

Their thinking was that individual homeowners probably wouldn’t foot the $25 -$35 permit fee to post a campaign sign. But, certainly, Realtors (and home sellers) wouldn’t object to such a small fee considering the thousands of dollars in potential commissions. WRONG!

Our local board decided that a few of the brokers with offices in the village should meet with the mayor and village administrator before the public hearing on the matter. The officials explained that they didn’t consider realty signs a problem, but they had to treat all temporary signage equally. The village trustees would vote on the issue at a public meeting that week.

Over 250 brokers and agents and countless number of their listing customers descended on a public hearing room that seats 40 people at best! The Realtors made their case:

  • Signage is one of the most effective forms of advertising a house for sale – in the case of a FSBO, it’s probably the most effective method.
  • Restricting signage might have Equal Housing ramifications and certainly free speech implications.
  • Presented the history of the Cleveland Area Board of Realtors vs. the City of Euclid in which CABOR not only won, but was awarded damages.
  • Informed the trustees that, as members of the largest trade association in the country with 1.3 million members, they would oppose the new code and that NAR would support them in a legal battle.
  • Explained that as a trade group, they had the means to control improper sign usage by their members.
  • Offered to provide the village board with a handbook for zoning re-codification from the American Institute of Certified Planners.
  • The vote was unanimous. The trustees decided against temporary sign permitting. Certainly, it was the unique ability of Realtors to work together that made the difference.

    Show All Comments Sort:
    Karen Rice Keller Williams Real Est
    Keller Williams Real Estate - Hawley, PA
    Northeast PA & Lake Wallenpaupack Home Sales

    That's a great and encouraging story - good for your board and it's fantastic that so many got involved. 

    Jun 29, 2008 03:22 AM
    Lee Morof
    RE/MAX Showcase Homes - Birmingham, MI
    Associate Broker, Attorney, CDPE

    Great to hear this. In one of my areas that I list properties we are requred to use a gold and black sign because some city officials decided that those are "dignified colors". I am a RE/MAX agent and our colors are red, white, and blue. Are the colors of the American flag not dignifed? One of these days I will challenge this nonsense in court.

    Jun 29, 2008 03:24 AM
    Lisa Friedman
    Alliance Realtors - Bedminster, NJ
    Central New Jersey Real Estate

    The power of speaking out. It is nice to see people band together for a common cause.

    Jun 29, 2008 03:24 AM
    Pat Haddad, ABR, CRS, ePRO, GRI
    Keller Williams Indianapolis Metro NE - Carmel, IN
    Carmel, Fishers, Westfield IN Real Estate Expert

    Very impressive Jim.  I wish I had read this about five years ago.  The town in which I live, Noblesville, IN, underwent something similar.  They had already been charging realtors a yearly registration fee to display any additional signage---such as open house signs or directional signs to the open houses.  So we were permitted the one yard sign, but had to pay extra for the others.  Five years ago they passed a law prohibiting any extra signage.  They pick up our signs and charge a $300 per day fine---though they are not tough on enforcing the fine.  I have lost quite a few signs to the city and our open house attendance has dropped dramatically. 

    Jun 29, 2008 03:35 AM
    Jim Calabrese
    DeeSign.com - Cincinnati, OH

    Municipalities have the right to regulate aesthetics to some degree, but in doing so, they must balance community aesthetics and the need for business advertising. What elected official can afford to alienate local business leaders (Realtors) and homeowners? 

    Jun 29, 2008 03:55 AM
    Joe Virnig
    RE/MAX Gold Coast REALTORS, Ventura County, California - Ventura, CA
    No Ordinary Joe

    So far we've escaped any onerous sign ordinance, other than the occasional enforcement of placement of open house signs.  I'm glad you guys took this challenge head on.  Things like that are a cancer that spreads.

    Jun 29, 2008 04:20 AM
    Mike Wong
    Keller Williams Realty Southwest - Sugar Land, TX
    Realtor: Commercial, Residential, Leasing, Invest

    Great effort and challenge. They have enacted sign ordinances here in local areas, but it was more for bandit signs and Realtor open house directional signs.

    I dont know the exact rules, so I just ask homeowners in advanced if I can place some directional signs in thier yards the day before.

    Jun 29, 2008 04:35 AM
    Myrl Jeffcoat
    Sacramento, CA
    Greater Sacramento Realtor - Retired

    We also have an area of homes in our county which required a certain kind of "For Sale" sign for their little community.  They needed to be purchased via the homeowner association, and were of a uniform color combination.

    Yet, other areas are are beginning to show signs of loosening up on overly cumbersome sign rules.  In the current marketplace, sellers need every tool at their disposal to sell their homes.

    Myrl Jeffcoat
    http://www.myrljeffcoat.com

     

     

    Jul 12, 2008 02:14 AM