MONTGOMERY COUNTY, Va. – Montgomery County is getting ready to make a change in the way businesses can advertise with signs. The County Attorney says the current ordinance is un-constitutional. A 2015 U.S. Supreme Court case found localities cannot have ordinances that have different rules for different types of speech, like political signs vs. commercial. But some of the proposed changes in the new ordinance are worrying business owners.
David Duncan owns Duncan Ford, Lincoln, and Mazda on Route 460 Business, but his dealership also borders the bypass.
"We've got some businesses out here on U.S. 460 Business that really have a unique dilemma. We've really got basically two frontages, so how do you have the proper signage for the two frontages?" said Duncan.
Because the county proposal limits businesses to 150 square feet of signage, right now, Duncan's existing signs are all he can use.
"The square footage requirement would basically make it impossible for us to have signage back here," said Duncan.
But Duncan says his other signs could be in trouble as well. If the new sign ordinance goes through as is, it would prevent signs like these from taking up any more than 50 percent of the window space at a business. Duncan says that could hurt his dealership.
"In our case, we've got manufacturers, franchises we represent. They've got point of purchase material that we have to put up," said Duncan.
Supervisors addressed the issue at their meeting Monday night. Board Chair Chris Tuck says the window requirement is in part a safety issue, because he says police need to be able to see inside a business's windows.
"Individuals being able to drive by and see into a store, especially stores that are open 24 hours a day, such as convenience stores and the like, and there is a safety issue that's involved with those," said Tuck.
Tuck says that requirement, as well as Duncan's dual-frontage situation will be reviewed, but Duncan says, for him, it's a matter of principle.
"You need to give that business owner flexibility to do what they can to help promote their business," said Duncan.
Supervisors plan to take a month to review the proposed ordinance before taking a vote on it in July, then they plan to wait a year before checking back in with staff to see how the ordinance performed.