Suffolk merchant raises red flag over banner rule

SUFFOLK

When Steve and Patricia Orr opened their carpet store in a new strip mall next to Sentara Obici Hospital in March, they placed a white banner on the back of the building facing heavily trafficked Godwin Boulevard announcing they were open for business, and they planted two yellow-and-orange flags to attract the attention of passing motorists.

Within days, a city zoning inspector paid them a visit. They were told they needed a permit for the white banner. It would cost $100 and would be good for 21 days, after which the banner would have to come down. The flags, they were told, had to come down immediately.

"He said only the American and Virginia flags were allowed to be flown in Suffolk," Patricia Orr recalled.

Surprised to learn of the rules, the Orrs, who have operated a business in Suffolk for 16 years, did as they were told. They removed the flags and bought a permit to keep the banner in place until a permanent sign could be installed.

Then they began to notice other banners and flags similar to theirs all over the city. Some were within a mile or two of their store, Tidewater Carpet Connection. They saw banners or flags at Walgreens, McDonald's, Lowe's, even the Hilton Garden Inn, which sits on city-owned land. Some they knew had been in place for months, including a banner in front of an auto body shop owned by City Councilman Mike Duman.

Now they are battling the city over what they describe as uneven and unfair enforcement of an ordinance they say singles out small businesses while letting big companies off scot-free.

"We bust our butts trying to make a dollar with the economy like it is," Steve Orr said. "If they're going to go after us, they need to go after the big boys, too."

Patricia Orr went to City Council earlier this month to lodge a complaint and to distribute photos she had taken of other businesses displaying banners and flags.

"You need to either abolish the ordinance or evenly enforce it," she told the council. "We need to be on the same playing field as the rest of Tidewater."

Under the city's Unified Development Ordinance, the zoning administrator may issue "temporary sign permits for special events, grand openings and the like... not to exceed 21 days per premises." It also allows "temporary banner signs... which promote a special civic, cultural or religious event," for up to 30 days.

D. Scott Mills, director of the city's Planning Department, which oversees zoning matters, said other types of banners "are basically not allowed unless you have a special events permit" and would be "subject to enforcement."

Violators who refuse to comply can be taken to court and fined up to $3,000 depending on the duration of the violation.

"But the violation and citation route is a last resort," Mills said. "We try to educate first. We don't just pop in and issue a citation. We advise people what the rules are and then keep an eye on the location to see if it complies."

The same ordinance limits flying flags other than "official flags of governmental jurisdictions including flags indicating weather conditions."

"You can fly the American flag, the state flag, the city flag, whatever you want in your yard or business," Mills said. "Otherwise, flags are not permitted."

In an attempt to determine which, if any, of the businesses displaying banners had city approval, the Orrs requested copies of permit applications for the past 30 days under the Freedom of Information Act. The Virginian-Pilot filed a similar request. The city has not yet fulfilled either.

But a spot check of businesses displaying banners found that none had acquired a permit, most were not even aware of the requirement, and none had been visited by a zoning inspector.

Ruth Whitley, manager of Walgreens on Godwin Boulevard, said she has received "no communication from the city" on a white banner hanging on the front of the building advertising the store's immunization center.

"I have heard from them about signs we sometimes put at the corner advertising flu shots," she said. "We had to take those down."

At Lowe's on North Main Street, an assistant manager who asked not to be identified said the city has not called regarding two banners hanging on a chain link fence in the store's garden center. "To the best of my knowledge, they've never come around."

And at Mike Duman's Collision Center, across from his auto dealership, a banner announcing "Car Wash Open" has been in place for months. Duman, who was elected to the council in November, said the city has never contacted him about it.

"If they had, I would have taken it down," he said. "It's questionable as to whether they consider it a banner because it's fixed to the permanent sign."

Duman said he's sympathetic to the Orrs' plight, and that the sign ordinance needs adjusting.

"It's just like a lot of things in the city," he said. "There needs to be a certain amount of discretion so we're not putting an undue burden on the citizens and on businesses. We need to work on changing it."

Mills is scheduled to brief the City Council this week on the sign ordinance and its enforcement. The Orrs plan to be there, too.

"We're not going to lie down and take it," Steve Orr said. "This is our home, and we're not going to be bullied anymore."

Jeff Sheler, (757) 222-5563, jeff.sheler@pilotonline.com