Ruling could change ordinance revisions, attorney says

Clarkston City Council voted unanimously to approve first reading of the city Zoning Ordinance No. 129, which regulates residential and commercial uses in the city.
Discussion at the Dec. 14 meeting included concerns raised by former Councilman Richard Bisio, including revisions to the sign ordinance for political campaign signs.
Revisions include limiting signs to 14 days before an election, changed from 60, and three days after, a change from 14. Rules limiting signs to private property and no larger than 2-by-3-feet are unchanged.
The changes have been in effect for several years, said Council member Michael Sabol, who also serves on the planning commission.
“It was changed some time ago, during (City Manager) Dennis Ritter’s time,” he said.
City attorney Thomas Ryan said he will review the sign ordinance in light of the U.S. Supreme Court’s decision last June in the Reed v. Town of Gilbert case, which limits regulation of political signs.
According to the ruling, sign rules can’t be based on content, Ryan said.
“It’s a game changer,” he said. “I’ll look at it and make some input.”
The Planning Commission has been working with Carlisle/Wortman to revise the ordinance.
Changes are mostly reformatting and corrections of typographical errors. It was also made into an electronic, pdf file, Sabol said.
“It’s a completely searchable document now,” he said.
The revised ordinance is available at city hall and online at villageofclarkston.org for review. Changes are marked in red.
The council vote was 6-0. Mayor Joe Luginski was absent, citing personal reasons, said Mayor Pro-tem Eric Haven. The Zoning Ordinance will receive a second reading, then can be approved by the council. City council next meets on Jan. 11.
Bisio’s lawsuit against the city, citing violations of the Open Meetings Act and Freedom of Information Act, is pending in Sixth Circuit Court.