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Attorney Vocelle believed Commissioner Wodtke's point about <br />churches and various other such type buildings is well taken. He <br />noted that Kentucky Fried Chicken has red and white stripes and <br />other recognizable characteristics and you know what is sold <br />there; so where do you draw the line? Attorney Vocelle stressed <br />that under the existing sign ordinance there is no definition of <br />the word "sign," therefore, when a developer comes in and reads <br />the ordinance, he feels it is all right to proceed with his <br />building, and then finds that someone doesn't like the looks of <br />what he proposes so they are going to prohibit it. Attorney <br />Vocelle stated that zoning ordinances are in derogation of common <br />law, and the courts have said they must be construed in favor of <br />the property owner, especially when they are vague, because they <br />serve to put the public on notice as to what is or is not pro- <br />hibited; he felt this ordinance is about as vague as you can get. <br />Attorney Vitunac asked Attorney Vocelle what the purpose of <br />the shape of the proposed building is, and Attorney Vocelle noted <br />that obviously ice cream is going to be sold in the building. He <br />did not think there is any question about that, but their conten- <br />tion is where do you draw the line under the existing ordinance <br />as to what is or is not a sign. <br />Attorney Vitunac then asked if the building's shape is in- <br />tended to act as an advertisement for ice cream in the building. <br />Attorney Vocelle agreed that just like flags in front of a <br />car dealership, it certainly is intended to bring the public in <br />and it does put the public on notice as to one of the items that <br />may be sold in there. <br />Administrator Wright asked if they could not put up a square <br />building and flags out front for this facility, and Attorney <br />Vocelle explained that everyone of his client's stores is <br />designed in this manner, and they do not want to deviate from it. <br />Chairman Lyons requested that Attorney Vocelle answer the <br />County Attorney's question as to whether the shape of the <br />NOV 20 195 <br />C 1", -, . __ _1 <br />35 <br />BOOK 62 DU 801 <br />