Our board of adjustment recently denied a sign variance because the proposed sign resembled male genitalia. There is no language in our sign code specifically prohibiting signs in the shape of weenies and the applicant argued the shape of his sign is no more phallic than the traditional Arby's "ten gallon hat" sign design. He hired an expert marketing witness who testified that the phallus was his client's "marketing equivalent of the golden arches" and that denial of the franchise sign would violate the Lanham Act. The BOA also found that the text of the sign ("Major League Hooters - come and get'em") "offended the moral character and sense of decency of the town."
They read no findings of fact into the record and did not base their denial on any code language. I am afraid they'll sue the pants off of us. Any advice?