Bay City Tribune

There was plenty of comments from Bay City council and the public on the city's proposed sign ordinance at a workshop Wednesday night.

Council and public comments varied on revisions to the city sign ordinance written in 1991.

Mayor Richard Knapik noted that portable signs were the main challenge to address during the 1991 sign ordinance discussion, while banners "are the bane of 2009."

"There has been a tremendous proliferation of banners. That was when there was a big move to prohibit them," Knapik said during the workshop.

Council went over the proposed changes to the ordinance with city building inspector Byron Smith, code enforcement officer Marty Godley and interim city attorney William Pendergraft.

After discussion began on several issues, council member Clarence Fenner asked Smith and Godfrey, "What do you see that we don't see," referring to sign-ordinance violations.

"We see banners put up without a permit, signs on telephone poles - or in right-of-ways. They put up all kinds of signs," Godley said. He noted the old sign law allowed city inspectors to remove offending signs, but added, "we try not to do that."

What if a business owner claims that a sign or banner is his right, Fenner asked Godley and Smith.

Godley said his response would be, "No, the city has rules you have to follow."

Godley earlier said his office also has troubles with yard signs, night signs and lottery signs.

He agreed with Knapik, saying the main sign issue once was portable signs. Those "blow over in high winds." But some of those portables have been converted to permanent signs - wheels removed and put on boards - yet the danger from high winds remains, Godley said.

Godley said some of Bay City's new hotels were using banners, and there have been cases where they werent permitted or taken down after the required 30 days.

Godley noted that all enforcement cases have to be addressed, otherwise "other hotels could call and say, 'you took ours down' and not theirs - that's selective enforcement."

Council member Brent Marecaux asked about the permit process, noting that some businesses follow the rules, while others don't, and the registration procedure appeared to be cumbersome.

Mayor Richard Knapik asked Smith and Godley whether the permit process was easy to follow. Both replied that it was, saying that an anticipated online application access will improve the process.

Pendergraft asked about following up on 30-day sign permits that expire, and Godley said his department keeps up with upcoming permit expirations.

Marceaux and councilman Joe Enoch urged council to proceed with caution in developing the sign ordinance.

Enoch recalled how the city's earlier efforts on a mobile home ordinance later required revision.

"I don't know what we're policing. We have to be very careful that we may overdo it," Enoch said.

"That's why it has taken this long to go over" the proposed sign ordinance language, before it was brought to council, Knapik replied.

"I hope we're being fair for some things like banners," Enoch said.

"You're absolutely right, there is a fine line," in deciding which signs violate city code, Knapik said.

"I don't want to be a sign Nazi, but we have to have some kind of enforcement."

When the mayor asked for public comments, former councilman and real estate appraiser Tim Bell told council, "You cannot imagine how many signs are out there." Some of those require regulating, while others present safety problems, he said.

"Portable blinking signs with arrows have evolved into banners, balloons and gorillas. I want to regulate the nuisances out there," Bell said.

Landmark Commission chairman Judith Allen noted that many cities move aggressively to get businesses to avoid signs that clutter, such as flashing signs.

Cheryl Stewart, another Landmark Commission member, noted the challenges of commercial sign usage in the city's historic downtown district. "We've had difficulties in the past," with some business signs put up without permits in the district, Stewart explained.

While Knapik told Stewart that signage in the historic districts would be subject to city and landmark commission approval, Marceaux said, "final approval should rest with the city." Marceaux said the city should be cautious about "giving away power."

Ad Vantage Specialties owner Barry Fry noted that signs were part of his business. Fry discussed some of the issues with banners, saying "I turn customers away from banners all the time."

He said, "I don't know why this has to be overhauled." Over the years, Fry added, permanent sign enforcement has been "off and on."

Keep Bay City Beautiful chairman Gail Connor urged council to "consider all aspects," in developing the sign ordinance. "Enact something that we can enforce," she said.

Knapik said there were "challenges with small businesses and think the ordinance will affect everybody. I'm sure we will have another workshop prior to passage."