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Message is clear, new Elks Club sign doesn’t meet letter of the law
Since late August, an illuminated sign outside the Greencastle Elks Club has been advertising upcoming dinners, Halloween events and most recently the impending arrival of Santa Claus.
But the Greencastle Board of Zoning Appeals pulled the plug on the computerized lighted sign Tuesday night, ruling that by ordinance such signage is not permitted in the Central Business District, of which the Elks Club is a part.
Surrounded by the Greencastle fire station, First Christian Church and a couple of apartments, the Elks Club wouldn’t seem to really be part of the Central Business District, as noted by Nancy Wells, representing the Elks during the hour-long discussion at City Hall. However, the lodge also sits only a block away from the Inn at DePauw and half-a-block from Ashley Square Cinemas.
Wells admitted that Elks Club officials did not realize they were in violation of zoning laws when they replaced the interior of their old wooden sign with a computer-run version that could scroll, flash and even change colors.
“It never crossed my mind that we needed a permit,” admitted Wells, a former Putnam County Plan Commission member herself.
She acknowledged that when the sign -- which was donated by an Elks member who has recently passed away -- was first installed, it was like a new toy and was “very intrusive” as it was initially extremely bright and remained illuminated 24 hours a day.
That brought a number of complaint calls to City Hall, City Attorney Laurie Hardwick advised.
“It was very bright when we started it,” Wells said. “It took us about two weeks to get used to how it operates.”
After that first blush, the lodge toned it down, Wells said, turning it off at 11 p.m. and ending the scrolling. It has recently operated with one message that changes weekly. The current message is meant to advise the public of Santa’s arrival at the lodge on Dec. 15.
But with the Elks Lodge located not only in the Central Business (CB) zoning district but also within the historic district downtown, lighted signs with flashing and scrolling options are not permissible by ordinance.
“We’ve had other requests from downtown businesses and have denied them because it’s not in our code,” City Attorney Hardwick noted. “We absolutely didn’t allow anything like that during the Stellar Grant.”
The standards in place have been on the books since 2002, City Planner Scott Zimmerman said, noting that without them, “Starbucks could have had its traditional interior lighted sign.”
Main Street Greencastle Director Mike Richmond, meanwhile, was in the audience “simply to show our support for the ordinance as written.”
He cited “potential negative consequences” when the ordinance is deviated from, noting that Main Street has “worked to create a classic atmosphere within the downtown district.”
The Elks’ petition was for a development standards variance to suspend the portion of the ordinance prohibiting internally illuminated/animated signs in the CB District.
Zimmerman’s planning staff report recommended denial of the request, citing that “use and value of the area adjacent to the property included in the variance will be affected in a substantially adverse manner, in that it provides a sign use not otherwise permitted to other properties for business and event promotion.”
Wells acknowledged that the sign does not meet the pure letter of the law, but reminded BZA members that times are changing.
“This is almost 2020,” she said, “and it seems a little outdated that we can’t do something electronically to change our sign.”
The BZA seemed hesitant to deny the variance request. John Phillips, an alternate BZA member sitting in for Margaret Kenton, suggested the sign might be grandfathered in since it was using the same base as the old sign and occupying the same space.
Zimmerman said that wasn’t possible.
“I personally don’t have a problem with what you’re doing,” BZA Chairman Wayne Lewis said, noting that a downtown bank drive-through flashes “closed, closed, closed” signs above its individual lanes all night long.
However, those lights are, in fact, grandfathered in under the 2002 ordinance, Hardwick responded.
“I understand the frustration of Main Street,” Lewis continued, “but change is going to happen, and it’s coming fast.”
Nonetheless anything relative to such possible change is currently not addressed in the ordinance.
“It’s not whether or not the board likes it or doesn’t like it,” the city attorney pointed out, stressing it was all about meeting the existing criteria of the ordinance.
In the end, Phillips made a motion to deny the request, noting it “seems pretty clear” from the ordinance and Main Street comments that the Elks sign does not meet current criteria.
In seconding that motion, Doug Wokoun, who said in driving past the area in question numerous times a week, he’s never been bothered by the sign.
Wokoun offered “a strong recommendation” for Wells and the Elks to take the matter to the City Plan Commission for a possible rezoning or change in the zoning statute as written.
The motion for denial passed 3-0 with Lewis adding his nay vote to those of Phillips and Wokoun.
“Put me on their (Plan Commission) agenda,” Wells told Zimmerman immediately after the BZA denial.
In the evening’s only other business, the BZA unanimously granted a special exception to DePauw University to allow a medical center within the University (UN) District.
The university is moving its health center, which serves students, faculty, staff, administration members and their families, to the Lilly Center, located at 1 E. Olive St. It is not available to the public.
DPU spokesman Rob Harper said the medical center will encompass the old auxiliary gym and two classrooms on the south end of the second floor of the Lilly Center.
The health center had been located at Hogate Hall. The move into the Lilly Center represents a more central campus location, Harper noted, adding that the site comes with better access to adequate parking than the Hogate location offered.
Joining Chairman Lewis for the 90-minute BZA meeting at City Hall were Wokoun and alternate member Phillips. Absent were Brian Cox, Andrew Ranck and Margaret Kenton.
The Zoning Board’s next regularly meeting is scheduled for 6 p.m. Tuesday, Jan. 7 at City Hall.