zoning

County Releases Draft of New Sign Regulations

By ARLnow.com

(Updated at 3:15 p.m.) Arlington County has released a preliminary draft of its new sign regulations.

After holding sign workshops and promising more business-friendly regulations, the county has come up with a long list of changes to the existing ordinance. The changes are designed to “make the [sign] ordinance earlier to understand and use, and easier to administer and enforce,” while incorporating “best practices in sign regulation.”

Among the proposed changes, the county would allow sandwich board — or A-frame — signs on sidewalks, in direct contrast to the current ban on such signs, which are popular with shop owners in other urban areas. Sandwich board signs would be permitted so long as it doesn’t reduce the clear sidewalk width below six feet. Staff notes that “consideration is also being given to alternatives in areas where a six-foot clear width is not possible.”

Restaurants might be more willing to use branded umbrellas on their outdoor patios under the proposed regulations. Wording on umbrellas would not count toward a business’ overall sign allowance if the draft regulations are adopted.

Additionally, certain signs would be permitted in the so-called public right-of-way. Signs from non-profit groups — like the Boy and Girl Scouts or various civic groups — would be allowed. Currently, only political signs and real estate signs are allowed on public property (like roadway medians) and only under certain conditions. Staff is still considering whether to allow commercial signs.

Another big change is the proposal that new sign permits be considered by county staff without County Board approval. Currently, many businesses have to go through an expensive “comprehensive sign plan” process and a County Board vote to get certain signs approved. Under the new proposal, that process would be offloaded to county staff, who would have the power to approve such signs on an administrative level, under clearly defined standards.

County staff is also considering whether to recommend a change in the definition of what makes something a sign. That could potentially be significant for businesses like Wag More Dogs, which has been engaged in a legal battle with the county over whether its wall mural constitutes a sign.

The county’s Zoning Committee will be holding a public forum on Tuesday, Sept. 13 to discuss the sign recommendations. The meeting will be held at the Washington-Lee High School cafeteria from 7:00 to 9:30 p.m.

Clarendon Trader Joe’s Receives Building Permit

By ARLnow.com

Interior work on the new Clarendon Trader Joe’s is expected to finally get underway soon, after Arlington officials approved the store’s building permit today.

The store was originally slated to open “mid-2011,” but that hoped-for opening has been pushed back due to an unexplained delay in applying for (and getting) the necessary permits and inspections. In May, a Trader Joe’s rep told ARLnow.com that the store is expected to open by the end of the year.

In addition to the building permit, Trader Joe’s has also received a zoning permit that will allow it to modify the building’s first floor facade (pictured) for use as a grocery store. The only other regulatory hurdles that remain, for now, concern the store’s fire prevention plan.

The new Trader Joe’s will be located at 1109 N. Highland Street, one block from the Clarendon Metro station.

Wag More Dogs Seeks Appeal of Mural Lawsuit

By ARLnow.com

An Arlington dog grooming and boarding business is asking a federal appeals court to consider whether Arlington County’s sign ordinance is constitutional.

In February, a U.S. District Court Judge dismissed a lawsuit against Arlington County filed by Wag More Dogs (2606 S. Oxford Street). With the assistance of the the Institute for Justice, a Ballston-based libertarian public interest law firm, Wag More Dogs owner Kim Houghton had claimed that the county’s crackdown on the store’s colorful wall mural, which faced the Shirlington dog park, was unconstitutional.

Today, Houghton and the Institute for Justice announced that they have asked the U.S. Court of Appeals for the Fourth Circuit to take the case — which revolves around the method by which Arlington County decides what is ‘art’ and what is an impermissible commercial sign.

“The U.S. Constitution gives everyone the right to speak and the right to earn an honest living,” said Robert Frommer, the attorney who’s representing Wag More Dogs. “Kim is asking the U.S. Court of Appeals to vindicate both of these rights and let her share her artwork with the dog park once again.”

The appeals court will now decide whether to hear the case.

Update at 6:40 p.m. — Arlington County Attorney Steven MacIsaac has released a statement about the appeal.

In February, the U.S. District Court agreed with Arlington that this issue is about commercial sign regulation, and the judge found Arlington’s sign ordinance to be fair and reasonable. In her ruling, Judge Binkema said that the mural is a “classic form of branding and advertising,” and meets the definition of a sign , which is, therefore, subject to the County’s sign ordinance. The judge found that the County’s sign ordinance is a valid, content-neutral restriction on the size of signs in the M-1 zoning district, even noting that , by saying the ordinance was content-based, Wag More Dogs was “barking up the wrong tree.”

We are aware that the owner has filed an appeal to the 4th Circuit Court of Appeals, and has just now filed her brief. We will now file our response in accord with court rules.

Westover Beer Garden Update

By ARLnow.com

The Westover Market is moving forward with plans to make its popular beer garden conform to county regulations.

Arlington County recently approved a building permit that will allow the market to build Americans with Disabilities Act-compliant bathrooms — one step in the beer garden approval process. The other step will come on May 14, when Westover Market goes before the county board to ask for a live entertainment permit, which is necessary in order for the beer garden to host musical acts.

At the moment, the market is only permitted to seat nine people in the beer garden, which used to host large neighborhood gatherings.

Not everybody supports the market’s effort to become an entertainment and drinking venue, however. Before the county clamped down, a cadre of anonymous complainers would call authorities to kvetch about noise from the garden and smoke from its fire pits.

Zimmerman Plans Small Business “Listening Session”

By ARLnow.com

Update at 3:30 p.m. — Zimmerman unveiled a new “Business Center” web portal at this afternoon’s board meeting. The portal is “designed to make the County web site work better for Arlington business owners,” according to county spokeswoman Mary Curtius.

On New Year’s Day, County Board Chairman Chris Zimmerman kicked off the year by declaring that the board wanted to be seen a “facilitator, a partner to small business” in 2011.

The subtext of his comment was that the county was looking to reverse course from 2010, when a series of mini-controversies over enforcement of county ordinances had some entrepreneurs questioning Arlington’s commitment to small business.

Among the dust-ups: American Flatbread’s request for patio seating was denied in July. Then Screwtop Wine Bar and Bakeshop had their sandwich board-style signs confiscated and thrown in a dumpster by a county employee. Then some soon-to-open businesses began complaining about delays caused by zoning issues. And finally, the icing on the cake was a lawsuit filed by a doggy daycare owner over a mural that the county argued was disallowed under the sign ordinance. (A judge later sided with the county.)

With that unpleasantness behind him, Zimmerman is now organizing a small business “listening session” on March 31. In a letter to business owners, Zimmerman writes that “to make improvements that really work for business, we need direct input from our business owners and those who support them.”

The forum also comes at a time when the county is in the process of rewriting its zoning ordinance, including the sign ordinance, to correct inconsistencies and ambiguities. Zimmerman has also hinted that the board may relax certain regulations.

“Many feel [the zoning ordinance] is overly restrictive and unnecessarily hard to understand and comply with,” Zimmerman said at the Jan. 1 board meeting. “There has to be a better way. In 2011, we’re going to find one.”

See Zimmerman’s letter to business owners, after the jump.

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BREAKING NEWS — Judge Dismisses Dog Mural Lawsuit

By ARLnow.com

(Updated at 4:40 p.m.) The lawsuit over the legality of a dog mural has been dismissed by a federal judge.

Kim Houghton, the owner of Wag More Dogs (2606 S. Oxford Street), sued Arlington County after zoning officials declared her store’s mural of dogs, bones and paw prints — which faces the Shirlington dog park — to be a form of commercial speech and in violation of the county’s sign ordinance. U.S. District Court Judge Leonie Brinkema dismissed the lawsuit today “with prejudice.”

Undeterred, Houghton vowed to keep fighting.

“We’re going to appeal,” she said when reached by phone at her store this afternoon. “I am disappointed, but it’s not over yet.”

In the suit, Houghton said her mural was a piece of art that was beautifying the park. She objected to the county’s suggestion that the mural could be preserved if she added the words “Welcome to Shirlington Park’s Community Canine Area.”

“I think that once against the county is just seeking to take my mural and make it into an informational sign for themselves,” she said this afternoon. “I’m hopeful that we’ll win on appeal… let the games begin, let’s see what happens.”

More from the county press release:

ARLINGTON, Va. – United States District Court Judge Leonie M. Brinkema, for Virginia’s Eastern District, today dismissed with prejudice the lawsuit brought by Wag More Dogs, an Arlington dog day care and pet grooming business, and its owner, challenging Arlington County’s sign ordinance.

“We are pleased that the judge agreed with Arlington that this issue was about advertising, and that she found the County’s sign ordinance to be fair and reasonable,” said Asst. County Attorney Carol McCoskrie.

Wag More Dogs owner Kim Houghton had filed suit against the County late last year, alleging that it had violated her First Amendment right of free speech in finding that a mural she had commissioned for an outside wall of her business violated Arlington’s sign ordinance.

Houghton had sought an injunction against the County, seeking to have the Court order the County to let Houghton remove a tarp the County had required she place over the mural.

The County argued that Houghton’s case had no merit because the County has the authority to regulate commercial signs and that Houghton had not proven that the sign ordinance discriminates based on content.

In issuing her ruling, Judge Brinkema said that the mural is a “classic form of branding and advertising,” and meets the definition of a sign. The judge found that the County’s sign ordinance is a valid, content-neutral restriction on the size of signs in the M-1 zoning district, even noting that by saying the ordinance was content-based, Wag More Dogs was “barking up the wrong tree.”

Judge Brinkema said that “even taking all of the facts alleged by plaintiff as true, plaintiff’s Complaint states no plausible First Amendment violation under governing precedent.” She dismissed the case “with prejudice,” meaning that the owner of Wag More Dogs will need to appeal the ruling if she wishes to further pursue its claim.

Samuel Beckett’s Aiming for Saturday Opening

By ARLnow.com

After enduring several months of delays and setbacks, Samuel Beckett’s Irish Gastro Pub in Shirlington (2800 S. Randolph Street) is preparing to open its doors on Saturday.

“The day has arrived!!! We will open at 3 p.m. this Saturday, January 8th,” owner Mark Kirwan announced on the pub’s Facebook page. “We will only have a restricted food menu. Please be patient with us as we smooth out the bumps for the first week. We look forward to providing you with a memorable experience.”

The elaborately-designed, Irish-themed establishment will be open seven days a week, from 11:00 a.m. to 2:00 a.m., according to Kirwan. For the first week in operation, it will not be open for lunch or brunch.

Kirwan has been a vocal critic of Arlington’s inspection and permitting process. He vented more frustration Tuesday night:

We had an inspection today, but the angry monster that is Arlington County still has a few “issues” … Thank you so much to everybody for hanging in there and being supportive.

New county board chairman Chris Zimmerman has pledged to improve the permitting process this year.

Photos via Facebook. Hat tip to Shirlington Village Blog.

Morning Notes

By ARLnow.com

Westover Beer Garden Saga Continues — Several months into the battle between the county zoning office and the Westover Market beer garden, a final resolution still has not been reached. Tens of thousands of dollars have been allocated to building new code-compliant restrooms, but more must now be spent constructing a restaurant separate from the grocery section. County regulators “are doing their best to make me a Republican,” market manager Devin Hicks told the Falls Church News-Press.

Fun and Games at the Library — The Westover Library will host a game-playing get-together for all ages this afternoon. From 2:30 to 5:00 p.m., players will face off in board games, card games and Nintendo Wii. More from the Arlington Public Library blog.

Brgr:Shack Wants to Open This Month — A new “better burger” joint is hoping to open soon in Ballston. The efficiently-named Brgr:Shack, located across from the Ballston Metro, was originally slated to open in the fall. They’re now eying a January opening, according to TBD.

Flickr pool photo by Team Rank

County Prepares to Fight Sign Lawsuit

By ARLnow.com

Arlington County is preparing to fight a legal challenge to its commercial sign ordinance — the first such challenge since the creation of the ordinance.

County Attorney Stephen MacIsaac says the county has a number of arguments to counter the lawsuit’s claims. The suit argues that regulators are infringing on a small business owner’s free speech by deeming a large mural painted on the side of her building a commercial sign and not artwork.

“I think it should be fairly apparent under the sign ordinance that this is a sign,” MacIsaac said. The mural is “clearly an effort to promote this woman’s business… to depict it as public art, I think, is a bit of a stretch.”

MacIsaaac said that the county’s sign ordinance is consistent with ordinances currently in place in other jurisdictions.

“Our sign ordinance is not unusual in any way,” he said. Arlington’s political sign rules were challenged just over 10 years ago, according to MacIsaac, but this is the first time someone has mounted a formal legal challenge to the commercial sign ordinance.

MacIsaac, the county government’s top legal counsel, added that the his office hasn’t officially been served notice of the suit, which was filed in federal court on Thursday. He expects the litigation to take about a year, and expected the county’s first court appearance to happen at some point this winter, perhaps February.

“We’re sort of in a wait and see mode right now,” MacIsaac said. “Right now we’re just assessing the case and waiting for the timeline to be established. This is going to be a process.”

DEVELOPING: Doggie Daycare Bites County With Sign Lawsuit

By ARLnow.com

(Updated at 1:55 p.m.) Wag More Dogs, the doggie day care business that has been engaged in an ongoing dispute with the county over a large mural facing the Shirlington dog park, has filed a lawsuit against Arlington County and county zoning administrator Melinda Artman on the grounds that Arlington’s sign ordinance violates the First Amendment right to free speech.

Wag More Dogs owner Kim Houghton says she commissioned the $4,000 mural, which depicts dogs, bones and paw prints, to beautify the dog park, which her business abuts. But the county zoning office didn’t see the mural as art, it saw it as a 60 foot by 16 foot commercial sign — well beyond the 60 square feet of signage the store is allowed under the county sign ordinance. Had the mural depicted flowers or anything not dog-related, said county regulators, it would be permitted.

After a long back and forth, Houghton was finally allowed to open her business in September, on the condition that the mural remained completely covered with a tarp. In October, Houghton was told that the sign could be considered a mural if she paid for the words “Welcome to Shirlington Park’s Community Canine Area” to be painted in four-foot high letters.

Shortly after that, Houghton linked up with the Institute for Justice, a Ballston-based libertarian public interest law firm. This morning Houghton and her attorneys filed a lawsuit and asked for a preliminary injunction that would allow the mural to be displayed while the lawsuit makes its way through the courts.

“The decision to file the lawsuit was to protect my freedom of speech and to ultimately prevail in keeping the mural up as it is, instead of turning it into an informational sign for the county,” Houghton said after a press conference at her store this morning.

This morning’s legal filings cite dozens of prior cases, many of which upheld the right of business owners to display signs and artwork.

“What Arlington County is basically saying is that it is allowed to play art critic,” said Robert Frommer, the lead counsel for the Institute for Justice. “We’re very confident of our legal position, because we’re very confident in the First Amendment.”

But Artman, the county’s top zoning official, seemed unfazed.

“My reaction to being sued is that it’s all in a day’s work,” Artman said in a phone interview. “I’ve been sued before, and I’ll be sued again.”

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Music Could Return to Westover Beer Garden by Spring

By ARLnow.com

(Updated at 4:20 p.m.) In August, the county zoning enforcement office told the owners of the Westover Market that concerts and crowds were not allowed at the store’s popular outdoor beer garden. Since then the store has hired a land use attorney, drummed up impressive public support and taken steps to meet the county’s requirements.

Soon, the store will submit plans to the county for building new handicap-accessible bathrooms. Completing code-compliant bathrooms would be the first step toward getting approval to operate the beer garden as an entertainment venue.

Hicks says that the store’s relationship with county regulators has changed significantly since collecting nearly 2,000 signatures from supportive residents and getting nominated for two ABBIE awards.

“The county is now working with us to jump all these hurdles,” Hicks said. “And it’s all because of the support.”

Once the bathroom plans are approved and the facilities are built — at the cost of $25,000 to $35,000 — the market should have all the elements in place to be recognized by the county as a restaurant, Hicks said. Once it receives the restaurant designation, it will be eligible to apply for a live entertainment permit.

In addition to allowing musicians to perform in the beer garden, regulatory approval could increase the allowed beer garden occupancy from the current 9 to nearly 100, Hicks said.

Hicks expects to have the bathrooms built by January, and hopes to get the live entertainment permit soon thereafter.

In an earlier version of this story, Hicks said that plans for the new restrooms had been submitted to the county. However, county official Hunter Moore later told us that the market’s plan for new restrooms have, in fact, not been submitted yet.

Moore also says that more steps may be necessary in order for the market to be considered a restaurant, and thus eligible to apply for a live entertainment permit.

“The County staff remain committed to working with the Westover Market to achieve as much of the owner’s goals as possible,” Moore added. “We realize the community wants it and we want to be supportive of local business, but at the same time they have to play by the same set of rules that everybody else plays by.”

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