The Enterprise

Anyone in need of a new monument sign with computerized LED display should get in touch with First Baptist Church in Farmington. They may not be able to use theirs.

Church elders begged city council members tonight for a variance that would allow them to replace their existing sign with one that would display a new message four times an hour. Unfortunately, the changing message isn’t allowed under the city’s current ordinance. Even more unfortunately, church officials thought they had the go-ahead to purchase the replacement sign, and so they did. City staff didn’t realize it included flashing LED.

Nobody set out to point fingers, it’s just helpful to understand the context. The church and city staff acted – you should excuse the expression – in good faith.

At issue:

… is Section 25 of the city’s municipal code, and specifically, these words: “The illumination of any sign or any part of such illumination cannot be other than a steady, continuously burning bulb or light. The flashing or turning on and off of the sign illumination or any bulb or component part thereof is prohibited, with the exception of that part of any sign which indicates time or temperature.” City officials are also bound by Section 35-215. Granting of Variances, which limits them to considering a variance only when: “The need for the variance is due to unique circumstances peculiar to the property and not generally applicable in the area or to other properties in the same zoning district. The applicant must prove that there are certain features or conditions of the land that are not generally applicable throughout the zone and that these features make it impossible to earn a reasonable return without some adjustment. In those situations where the difficulty is shared by others, the board may find that relief should be accomplished by an amendment to the zoning ordinance, not a variance.“

Needless to say, First Baptist Church really doesn’t want to broadcast the time and temperature. And if you’ve seen the church, you know it presents no unique land use challenge. What’s more, the church sits in a historic residential neighborhood, right next door to one of the oldest frame houses in Farmington. An LED sign that flashes, no matter how little or how low, could reasonably be seen as out of character.

Church elders pointed out that no one objected to a much larger, more brightly lit sign in place long before the existing monument sign. They pointed out the huge expense of hanging large banners for every significant event and the inadequacy of current signage for their needs. They offered to program the sign any way city officials deemed appropriate.

They just wanted to be able to use the sign they now own (which looks something like this, in the smallest possible version).

The discussion turned over on itself several times, with no way out for elected officials clearly disturbed by an unavoidable decision. City ordinances are quite clear, no matter what anyone was told or not told about the sign.

“I have to go to the ordinance and look at how and why we can grant a variance,” said council member JoAnne McShane, who lives just down the street. “I do not feel at this time you have been able to meet the requirements…”

“This isn’t about how much we like someone,” Mayor Valerie Knol commented. “We have to follow Section 25-17. We are legally bound to do that.”

Church officials came prepared for denial and cited a federal law that prohibits government from denying a religious institution whatever has been granted to a non-religious entity. Officials gave Walgreen’s a similar variance several years ago for their sign at the corner of 10 Mile and Orchard Lake Roads. City attorney Tom Schultz pointed out this situation doesn’t involve an “apples to apples” comparison, given that Walgreen’s sits in a commercial district, at the intersection of a large, busy intersection. The Religious Land Use and Institutionalized Persons Act of 2000 wouldn’t apply, because of the difference in circumstances.

After council voted to deny the variance, Knol promised the city would work with church officials to figure out a solution. She suggested another sign, perhaps with removable panels and static letters. But that’s exactly what church officials were trying to avoid. It’s a hassle to get someone out to change the letters and the messaging on those signs is limited, said elder Bob Erickson, who has been a church member for 65 years.

Anyone with an innovative solution is welcome to share it – the church has a cool Web site, you can e-mail them or find a phone number from there. Especially if you’re in the market for a monument sign with an LED display.

–Joni Hubred-Golden
Enterprise Publisher