The signage change request was brought up by Commissioners Dan Raley, center left, and Kenny Dement   — The Bay Net photos by Sean Rice

The St. Mary’s Board of Commissioners on Tuesday started the process of allowing small home-based businesses to erect a single off-site sign to direct customers to their business.

In response to a request by Commissioners Dan Raley and Kenny Dement, Land Use Director Denis Canavan brought the request to the Board. Currently, off-site signs are not allowed for any business, except by tourist-related businesses and roadside agriculture stands.

Though Canavan appeared not to agree with the provision, he stated the change would allow a home-based business to construct one off-site sign on private property, with permission, no further than 10 miles from the business and no larger than six square feet.

Also, the sign must be five feet from the road right of way; be no taller than 18 feet and have no lights.

 
Land Use Director Denis Canavan 

The requests in made in response to rural home-based business owners whose customers have trouble finding the business. Canavan said there have been 572 applications for home occupations in the last three years.

The Local Government Insurance Trust recommends against the change, Canavan said, due to pending litigation involving uniformity in signage laws.

“Strictly legally speaking, there is a question of constitutionality,” he said.

Assistant County Attorney Heidi Dudderar said the Board should be careful when approving legislation that the county’s insurance company recommends against.

Commissioner Raley said he made the request after he and Dement were approached by “several” home business owners, and said it’s not in the same boat with Clear Channel and lighted billboards

“Threre’s an intention to group this in with big billboards, but it’s not the same,” Raley said.

Commission President Tommy McKay pointed out that real estate agencies already have special rules for off site signs

“No everyone’s going to want this, not everyone’s going to need this,” Raley said. “But some people do and they want to do it the right way.”

McKay asked if Wal-Mart could use this to put up an off site sign.

Not as it is written, Canavan said, but “Walmart may take the legal implications of this and broaden it.”

Commissioner Larry Jarboe said on Rt. 236 these kinds of signs already exist.

“It’s part of the rural nature of the area … and today as it stands that’s illegal,” he said.

The board also moved ahead with another sign law change that would allow off-site