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There is some controversy over whether any permits are required, and whether the sign violates provisions of the Rappahannock Zoning Ordinance. According to Zoning Administrator, Evan McNear, the sign doesn’t comply with setback requirements. According to George Davis, Rappahannock Commonwealth Attorney and co-owner of the motel, the sign complies with all county regulations and needs no approval from any governing body or office.
In a general businesscommercial zone, the zoning ordinance allows signs advertising local businesses as a use permitted by right. The ordinance also stipulates that all structures except signs advertising sale or rent of property shall be located 55 feet or more from the right of way of any highway or street having a right of way greater than 50 feet.
McNear reported that he’d discussed the setback requirement with Davis and co-owger John Lyle and that they were aware McNear viewed the sign as in violation of county ordinances. "They haven’t taken any action to date,” said McNear. He acknowledged that it was his responsibility to enforce sign regulations but noted that his authority “must be used sensibly.”
“I have a feeling they thought they were complying with the law,” he maintained. McNear said he was trying to work out the sign problem "without hurting anybody” and would attempt to bring the matter before the Board of Zoning Appeals. “I’m waiting for legal clarification,” he added. "Then I will proceed right away.” “It’s a sore point with me,” he continued. “I’ve
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