Sign ordinance amendment approved in SCS by 6-1 vote

ST. CLAIR SHORES — The St. Clair Shores City Council voted 6-1 to amend the city’s sign ordinance as it pertains to signs with rotating cylinders, including barber poles, at their June 17 meeting.

Councilman Chris Vitale opposed the measure.

The item was presented to the council by Councilman John Caron. He stated that certain signs around the city were gaining popularity and that the ordinance would not allow them. The amendment would make an exception for the signs.

“Exterior mounted signs with rotating cylinders shall be permitted provided the following conditions are met: the sign dimensions are limited to 4 feet in height and 8 inches in width.” Caron said. “Two or fewer rotating cylinders shall be permitted per street frontage and the area should not be included within the maximum sign area permitted on the site.”

Caron said there are a few businesses that already have this type of sign within the city and the ordinance amendment was requested so they don’t get in trouble.

Councilman Dave Rubello asked if any business could have this type of sign.

“According to the proposed language, it can have a rotating cylinder,” City Attorney Robert Ihrie said. “Yes, so any business. It does not need to be a barbershop. There are no color obligations in this.”

Vitale said he would like to see an amendment made to the request to grandfather in the already existing barbershops in terms of sign area.

“Going forward, I don’t think it’s too much of a hardship to have that be calculated in the overall sign area,” Vitale said. “And that might even address some of the other concerns that maybe this just doesn’t get used for barbershops. It becomes rotating Pepsi cans etc., that they know that that’s part of their sign area.”

Caron suggested striking the last line of the ordinance amendment.

Councilman Ronald Frederick asked if there was a reason why the ordinance couldn’t just apply to barber shops.

“I think that we don’t want to necessarily carve out an exception for a particular type of business which would potentially cause other types of businesses to say, ‘Well, I want my own exception as well,’” Ihrie said.

Frederick said he’s more worried about Rubello’s point.

“(There could be) 25 party stores come up and say, ‘Hey, I want my Pepsi rotating can in front of my store,’” Frederick said. “I mean, I worry more about that.”

Rusie said limiting who could have the rotating cylinders would open up the city to First Amendment issues.

“Once we start mandating content, once we start mandating who can speak and who can’t, that’s when we start, I think, entering upon really potentially violating First Amendment rights,” Rusie said.

Vitale asked how they could make it so those who already have the cylinder signs don’t have to go back in front of sign arbitration and those who want one have to have it included in their square footage.

“I think that would disincentivize too many motion signs in the city,” Vitale said.

Ihrie said there is no way.

“Anybody that has a non-grandfathered-in sign can go to sign arb and try to get an exemption,” Ihrie said.

He added that if the ordinance is changed then they won’t have to go to sign arbitration.

Vitale said he’d have to vote against the amendment because he doesn’t want too many motion signs in the city.