Tolland continues public hearing on sign regulation changes

Jan. 19—TOLLAND — The Planning and Zoning Commission has continued its public hearing on proposed changes to the town's sign regulations.

The next public hearing will be held Monday at 7 p.m. at Town Hall.

During the PZC meeting on Jan. 9, Director of Planning and Development David Corcoran said the commission wants to revise regulations to help make them more friendly toward small businesses.

The regulation changes specify sizes for specific signage on residential and commercial properties, as well as whether a sign can be regulated by the town depending on its content.

Corcoran said temporary sign regulations have been reduced to allow for a more business-friendly approach.

Residents and businesses will be able to display temporary yard signs and banners up to a certain size without first having to acquire a permit.

Temporary signs will remain prohibited, however, if they pose a traffic risk.

Lighting requirements for permanent commercial signs have also been reduced to allow for internal lighting options, so long as they meet reasonable standards of brightness.

Corcoran said that these changes, however, put the commission into the position where it would need to make sure all changes are compliant with current state and federal court decisions and case law.

The commission is working with the Tyche Planning and Policy Group and land-use law firm Halloran and Sage to develop new regulations that will meet these requirements.

Two recent court cases, Reed v. Gilbert in the U.S. Supreme Court and Kutcha v. Arisian in the state Supreme Court, are influencing the changes.

Both cases have affected municipalities' ability to regulate signage.

The decision of Kutcha v. Arisian defined advertising signage language to allow a town to determine what signs could be considered advertising signs.

Reed v. Gilbert determined that towns must take a "content-neutral" approach to regulation, meaning political, business, and event signs can be regulated but cannot be decided on differently.

Corcoran said signs that are not considered advertising are not subject to regulation under the state statutes and cannot be regulated by the town.

As such, a sign saying "I love Tolland," could not be regulated so long as it does not impact travel or property lines.

Corcoran said that following the public hearing, the commission will vote on the proposed changes.

If the changes are accepted, then a date will be set for when they will go into effect, which Corcoran said is usually a few weeks after the decision is made.

Matthew covers Stafford and Tolland for the Journal Inquirer.