City rejects request for LED sign on Main Street

In a 4-1 decision, the Bandera City Council voted Oct. 4 to reject the erection of an LED message sign at 603 Main Street; the decision followed unanimous approval from the city’s Planning and Zoning Commission one week before.

Kevin Meier, who plans to build a 6,876-square-foot limestone office building testified the sign met all the requirements of City Ordinance 3.09.012.The sign would be 36 square feet, meet the minimum height and not have flashing lights.

“I can program this to meet any requirement y’all have,” he told the council said Meier, elaborating , adding that if need be, he could also implement community emergency messages.

Noting Bandera is not yet a Dark-Sky community but a letter of intent has been submitted, Mayor Pro Tem Rebeca Gibson, addressed Meier: “I’m sorry that you and I are on opposite sides of this issue. What is very clear to me is that the council and the community conversations that we’ve had around these topics … the consensus is that we want to protect the view of the Hill Country night sky.

Gibson advocated the council reject the recommendation from the P&Z Commission for the sign. Mayor Suzanne Schauman reminded council the sign was programmable and could be shut off entirely at a specific time for the rest of the night.

Councilwoman Toni Kunz said she believed there was a bigger problem even though the sign complied with Dark Sky requirements, noting many signs currently in the city will not be able to be grandfathered in once the Dark Sky ordinance is adopted by the city. Kunz said the aforementioned electronic signs are highly distracting, posing a danger.

“The signs don’t comply with the feel and overall uniqueness of our town. Since 2013, we’ve gone to great lengths to minimize this kind of stuff,” said Kunz, who also voiced her concern that by approving Meier’s sign, it would set a precedence for more like-signs to go up throughout the city. Meier asked the council why the type of sign he had applied for was even in the city ordinance if they intended to deny his permit application.

Councilwoman Darcy Hasty said although Meier appeared to meet all legal criteria, she believed the sign would be illegal, as relative to Code 3.09.014 Section C, which states that a sign constitutes a nuisance if it causes injury or threatens to injure the public health, peace or comfort. Hasty said her vote would be no given that concern.

In support of the sign, Councilman Jerry Russe commented, “I feel totally different about this. We got lit signs all up and down Main Street. He meets all the requirements, and I just don’t understand what the difference is between the other lit signs and this one. It’s no more distracting for me as a driver going down the road. I mean, you’re going to glance at a sign no matter what’s on it. I’m not convinced that it doesn’t comply with our ordinance. He’s complying. I don’t really see what the big issue is.”

Kunz admitted the ordinance could be frustrating to certain applicants and Bandera needs to be consistent on their ordinances.

“We need to be clear on what everybody wants and change with the times accordingly,” said Kunz.

Councilwoman, Christine Morse joined the conversation: “I agree that you’ve met all the requirements and you’ve done everything right, but it goes back to Bandera being Bandera, and that’s what everybody has said: that we’ve got to keep it Western. And if we put up more signs on Main Street, it doesn’t fit with Bandera.”

City Attorney Dan Santee explained the changeable electronic sign was initially prohibited in the original drafted ordinance, but due to owners of existing signs having to become legal non-conforming, the ordinance was changed to allowable with a special use permit, with the understanding that it be considered for compatibility for certain locations.

“You can meet all the sign requirements, but council still has the right to deny it if it is in a part of town where you don’t feel it’s appropriate,” said Santee. “It’s there now so souncil can review for specific location and placement. So that’s why it was left in the ordinance. If you want it removed, we can remove it entirely.”

In response to Schauman’s request for his input about safety, Marshal Will Dietrich said he did not believe the sign was a safety concern. The Council voted 4-1 to reject the P&Z Commission’s recommendation and decline the special use permit for Meier’s electronic sign. Hasty, Kunz, Morse, and Gibson voted for the rejection and Russe voted against.

Meier acknowledged the decision by referencing Simple City’s 2021 Comprehensive Plan & Development Policies for Bandera.

He read, “The City has developed a reputation of being hard to work with and disrespecting business investment through strident interpretation of codes. Disputes require litigation to resolve, and the city typically loses lawsuits. Businesses relocate to the county resulting in loss of commercial property tax base, and in some cases, the collection of sales taxes.”

“Ya’ll paid for this. I’ve lived here all my life and I’m here for the betterment of Bandera,” said Meier.