Long Debated, Often Controversial
In a recent City Council Meeting, the Tipp City Council moved to re-visit the sign code, a long-debated, often controversial city ordinance which many have viewed as unfriendly to business. At the April 5, 2010 meeting, Council referred the matter to the Planning Board with the directive to make whatever recommendations were necessary to update and otherwise revise the code as it applies to signs and businesses along Interstate 75. The Planning Board, in its meeting of April 13, 2010 heard preliminary discussions on the issue, and announced its plans to conduct a work-shop on the matter, and then a Public Hearing, both on their May 11, 2010 meeting.
The move is a several-step process, and the remainder of the sign code, along with the subdivision ordinances and other zoning measures will eventually get scrutiny and updating. The move comes after a pre-meeting study session where business representatives and others voiced their concerns about the sign code being too restrictive. Council established this as one of their goals in an over-all goal to streamline regulations, and encourage more businesses to come to Tipp City. Council Member Katelyn Black noted after the vote that the top area of priority in revising the sign code is I-75, and that this would be addressed first. The remainder of the sign code and other local ordinances would be afterwards.
Council and Planning Board Prepare
This move by Council signals the sense of urgency concerning the sign code, especially as it relates to the businesses along the interstate. The Tipp City Sign Code has been the subject a considerable controversy since its modification in 2003. At that time Council imposed what many considered to be significant restrictions on businesses throughout the City, but especially along I-75. The Code eventually was the subject of a lawsuit involving Warrior Racing, one of the businesses along I-75. The building where Warrior Racing is located has a mural stretching the length of the building facing the interstate. The City sued the business, alleging that the mural violated the sign code. While the Miami County Common Pleas Court agreed, the Court of Appeals reversed, and actually struck down the Tipp City Sign Code, finding it unconstitutional. During the litigation, the City modified the Sign Code in 2008, which is what the City is operating under presently. The 2008 version is said to be very similar to the 2003 version with a few minor changes which critics say was in anticipation of losing the Warrior Racing case.
At several meetings, City Council Member Joe Gibson announced that he has several copies of the sign code and has offered to provide a copy to anyone who wants it so the maximum amount of citizen input can be obtained. “I have provided it to several local businesses, including those along the interstate”. Gibson was one of 4 City Council Members to attend the Planning Board’s April 13th meeting to voice their concerns, and provide direction on the issues the Planning Board should address. Presently, these would include size (in square feet), height, and whether variances should be available. Other issues could be addressed, and more information will be provided at the workshop and public hearing. Other Council Members in attendance at the Planning Board meeting were Council President Patrick Hale, Bryan Budding, and Katelyn Black. Members of the business community were also present at the Planning Board session to voice their concerns. Once the Planning Board conducts the workshop, and holds the public hearing, it will formulate a proposal concerning the sign code and make recommendations to the City Council. The Planning Board could call for the code to be modified, or find that the sign regulations need no changes. This is unlikely, however, as many Planning Board members expressed their disdain for the current regulations. Some noted that the Planning Board’s proposals in 2003 were not adopted by the City Council.
Perspective
Since the 2003 sign code was enacted, there have been several controversial cases involving it that made the news. In 2005 the Speedway on the west side of I-75 requested a digital sign be installed to show the gasoline prices. This was rejected by Council in accordance with the sign code. In 2007 the Warrior Racing litigation started. More recently, the recently-built Holiday Inn requested a variance to install their sign in order for highway traffic to see the hotel. This was also denied by Council based on the sign code. In addition, critics claim that there are an untold number of businesses who were turned off by the sign code in Tipp City, and these businesses instead went to Troy or Vandalia to operate. Many say this is business and more importantly, tax revenue the City could be getting. Others warn of a big commercial build-up like Miller Lane, which is not what Tipp City wants to be. Now that money is scarce, and jobs scarcer, we shall see if this causes a shifting in the priorities of City Council.
The present members of the Planning Board are Mark Springer, Chairman, Mike McFarland, John “Jack” Berbach, Scott Brownlee, and Tina Davis. City Council meetings are the first and third Monday of each month, and the Planning Board meets on the second Tuesday of each month. Minutes and Agendas of these bodies are available on the City of Tipp City Web-site at tippcityohio.gov
