You are viewing this article in the AnnArbor.com archives. For the latest breaking news and updates in Ann Arbor and the surrounding area, see MLive.com/ann-arbor
Posted on Wed, Aug 17, 2011 : 5:55 a.m.

Ypsilanti City Council approves major revision to city's sign ordinance

By Tom Perkins

The Ypsilanti City Council unanimously approved a second reading of a sweeping revision to its sign ordinance at their Tuesday night meeting. Council will vote on a fee schedule at their September meeting.

The updated ordinance includes rules for the bulk of signs found in residential, commercial and industrial districts and, according to city staff, was designed with the intent of “balancing public safety, the city’s character and economic development.”

Among the major concerns following the first reading was how the ordinance would be enforced. Any signs permitted under the previous ordinance that don't meet the new requirements will be grandfathered. Dangerous signs and those that weren’t permitted under the previous ordinance must be taken down.

City Planner Teresa Gillotti said there have been nine new sign permit requests to date in 2011 and there were 63 in the previous two years. All new businesses and those changing their signage must submit an application with the city. Getting all the signs to meet the requirements will be a slow process, Gillotti said.

Enforcement responsibilities will largely lie with ordinance officers and rental inspectors, who will be trained on the new requirements. Fact sheets and copies of the new ordinance will also be sent to local sign companies.

Gillotti said the city will initially contact party store owners, grocery store owners and larger landlords - the groups who city staff say have the largest number of signs not in compliance with the ordinance - and provide them with the new guidelines.

Among the major changes is a reduction in the size of window signs, which will have the largest impact on party and grocery stores who regularly post up their specials in windows and other advertisements.

Window signs can now only occupy 25 percent of a window’s "transparent surface." Previously, window signs could occupy 30 percent of a window’s exterior, but stores circumvented that rule by covering windows’ interiors with signs.

Landlords can place one commercial sign on their building or home and one for rent, sale or lease sign in the yard.

Sidewalk “sandwich board” signs outside businesses were previously not allowed but still regularly found throughout the downtown districts. Under the new ordinance, boards will be limited to six square feet, must allow room for people to move freely on the sidewalk and must be made out of a durable material. Businesses will also be required to pay a fee to use a sidewalk sign.

Ground signs are now prohibited downtown, and the maximum size of several styles of signs also has been reduced, depending on the zone they are in.

The city will now only allow banners to hang for 30 days and limit businesses to two banner permits annually. A permit was previously required, but there is no limit to how many times a resident can return for a new permit or the length of time for which the sign is hung.

Electronic signs that display a moving message are now limited to two messages in a 60 second interval to prevent becoming a distraction. The ordinance also targets signs that could confuse pedestrians and drivers, such as those that look like a stop sign but are really for another purpose.

Obscene signs are also banned. No specific language on what constitutes obscene is included in the ordinance, and staff would consult the city attorney on a case by case business.

Council Member Brian Robb made a motion to remove that provision from the ordinance because of the lack of clarity on the definition of obscenity, but the motion died for lack of support.

No neon window “outlines" would be permitted, and murals would require a permit. If the mural is for commercial purposes, all applicable sign rules would apply.

Among prohibited signs are:

- Abandoned signs.

- Signs not specifically permitted under the ordinance.

- Animated signs.

- Portable signs, not including sidewalk signs in front of businesses.

- Roof signs.

- Signs containing obscene material.

- Mechanical or rotating signs.

The city is making some notable exceptions and considering allowing several historic signs to remain, including the Peninsular Paper sign, Terry Bakery sign, Hudson roof sign, Durham Tobacco roof sign, Trojan Cleaners roof sign and Tap Room signs.

City staff will submit a list of historic signs to the Historic District Commission for consideration.

Haab’s popular “Burma shave” signs will likely be permitted. Those and other similar signs could be allowed through the “modification of standard” procedure which allows business owners to appeal the rejection of a sign to the Planning Commission. If the business owners can demonstrate that their sign meets a number of criteria and generally adds to the district's character, then the signs would be permitted.

Comments

Alan Goldsmith

Wed, Aug 17, 2011 : 5:17 p.m.

"Obscene signs are also banned. No specific language on what constitutes obscene is included in the ordinance, and staff would consult the city attorney on a case by case business." A nice, vaguely written and costly to defend restriction on free speech. Calling the ACLU. Glad Ypsilanti has lots of extra tax dollars to waste on this.

Brian Robb

Wed, Aug 17, 2011 : 7:47 p.m.

The Supreme Court has defined what is obscene. Appeals to the "prurient" interest (i.e., an unhealthy and degrading interest in sex) Depicts or describes sexual conduct in a patently offensive way, and Lacks serious literary, artistic, political or scientific value. All three parts must be met for something to be considered obscene.

eastsidemom

Wed, Aug 17, 2011 : 4:16 p.m.

Good luck with that obscene bit...Right to Life can apparently carry their obscene signs anywhere and it is protected free speech. One persons obscenity is another's obsession...

Woman in Ypsilanti

Wed, Aug 17, 2011 : 4 p.m.

I am not entirely convinced of the need for a sign ordinance in the first place. But if we are going to have one, the idea of making obscene signs illegal without any kind of objective criteria for what makes a sign obscene is ridiculous. I mean, if it were left up to me, I find religion to be obscene so therefore all church signs in Ypsilanti are now in violation of the ordinance. ;)

Cash

Wed, Aug 17, 2011 : 10:45 a.m.

Thank goodness for the Haabs Burma Shave type signs....I look forward to them every summer! Haabs ....hmmm...reminds me. I really need a good Haabs lunch today!