County planners approve yard art amendment for Marquette

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Proposal would help address sign dispute in village

An amendment to add “yard art” to the Village of Marquette’s sign regulations was approved by the Hamilton County Joint Planning and Zoning Commission last week.
The amendment, if approved by the Marquette Village Board during its meeting Sept. 9, will allow property owners to display vintage signs on their property if they are used as yard art.
“Yard art shall mean ornamental decor that decorates a residential lawn or yard such as vintage signs aging 30 years or older, lawn statues or sculptures, or various art types excluding billboards,” Hillary Betka, the county’s planning and zoning administrator, read during the Aug. 20 meeting. “Yard art shall not be considered commercial signage for the purposes of this regulation.”
Vintage signs like a Texaco Star gas station sign, according to the proposed definition, can be displayed on a property as long as its for display only, not advertising products or services offered by the business.
“Advertising signs shall be a sign which directs attention to any product activity or service provided,” Betka read. “However, that such sign shall not be related or make reference to a primary use, business activity or service conducted on the premises.”
The commission approved the amendment by an 8-1 vote with Rich Archer voting no.
Having discussed the issue with John Shepard, a planning and zoning consultant from Marvin Planning Consultants, Betka said that by amending Section 8 of the sign regulations, allowing smaller signs without a zoning permit and larger signs with a permit would be difficult to regulate.
“He suggested that would be a big mistake because it would open up anybody to allow billboards and stuff like that,” Betka said. “There were also concerns that it would be hard to regulate with just a permit, because there’s nothing to regulate somebody that applies for a sign. No matter what that is, if it’s not in the regulations to be able to regulate it, then you can’t deny it.” 
Betka also noted that in discussion with Marquette village attorney, Drew Graham, she had learned that vintage signs or decor of a similar size can be allowed through a conditional use permit.
“He suggested that we make them conditional use permits, which I agree,” Betka stated. “That way you can regulate it better with conditions on sizes and what they are and stuff like that.”
At a Marquette Village Board meeting that took place on July 8, the board ordered Marquette resident and Scotty’s Bar owner Randy Beckman to remove seven of his vintage signs from his property because the board said they violated  ordinances that were established by the village board in 2020.
Vice Chair Kay Lyons stated during last week’s meeting that with the approved amendment, property decor that was in place prior to the ordinances will not be affected by the amendment.
“Anything here prior to  2019 is grandfathered and doesn’t need to go,” Lyons said. “Anything post 2019, that’s what we’re discussing.”
People who want to display signs on their property will be allowed to display four signs per lot with a permit, after paying a fee of $150 for all the signs.
Planning commission board member John Wetherington commented that by approving the amendment the county is, in effect, expanding its regulations.
“We’re expanding the scope of what we’re doing, because right now Marquette completely restricts this 100 percent,” Wetherington stated. “You cannot have this in your yard period and we’re allowing an avenue for something to be allowed. We just need to regulate it for future things.”
Board member John McDonald brought up a concern that signs, such as campaign signs or flags, would require a permit. 
Betka replied that flags are exempt from yard art, adding that antique and vintage signs would require a permit.
“That would be a temporary sign,” Betka said, regarding campaign signs. “We’re not talking about all signs in general.”
Signs or decor containing vulgar content would also be prohibited under the amendment.
Speaking first during the public hearing was Marquette resident Joseph Strickland, who voiced his support for the proposed amendment.
“I’m the one that filed the amendment for the signs for the art, because they are art,” Strickland stated. “They’re are 30 year old signs. They’re not $10 broken signs. I’d like to see that amendment change so it’s acceptable and I think what you guys proposed is reasonable.”
Beckman himself also spoke to the commission about how he wanted to use the signs to bring visitors into Marquette.
“I just want what’s best for our little town,” Beckman said. “We don’t have a whole heck of a lot, and you guys have been to Marquette. If I can help out in any way I can and make it some sort of destination spot, that’s awesome.” 
He also commented that the signs have been positively received by residents in Marquette, as well as by guests at his family’s restaurant.
“I’ve had people crying to me, older folks, because their grandpa had a Skelly Store or Texaco and the emotions I’ve seen in the last five years is overwhelming,” he said.
Prior to voting on the amendment, Beckman questioned his approach with the ordinances, asking commissioners what he might have done differently to avoid the confusion.
“It was hard for me to understand when there was an example of a board member doing the same thing, but not following what I had to do,” he said. 
He later asked about the Marquette Village Board going through its book of ordinances to avoid confusion in future.
“Once a year, we do our cleanup of our books where we find typos, we find this and that, but we do a big amendment meeting and that would be a good time for the village to find things that don’t work for them in their book and bring it to me,” Betka stated. 
The News-Register reported earlier that Beckman had planned to remove several of the large signs within the last month since he was told they were in violation of the village ordinance. He announced last week that he had been advised not to remove the signs while the amendment process was reviewed, thus they remain in place near his residence.
In other action during its August meeting, the Planning and Zoning Commission also discussed an amendment to the Village of Hampton’s regulations to allow LP tanks in all districts.