A proposed amendment to the city of Cullman’s zoning ordinance will, if approved on Monday, Aug. 21, effectively eliminate one local business owner’s ability to operate within the city’s limits.

On Monday, Aug. 14, the Cullman City Council held the first public readings for a pair of amendments to both the city’s zoning and alcohol ordinances. A member of the council’s in-house legal counsel, Luke Satterfield, described how the amendments were needed to update definitions pertaining to alcohol manufacturing — bringing them in line with the state of Alabama’s definitions and to eliminate a number of current inconsistencies between the two.

“We want to get our zoning ordinance in line with the alcohol ordinance. They were written decades apart. It also modifies the non-residential usage table and adds some clarity and conformity with the state law to the definition of manufacturer,” Satterfield said.

The amendment also includes modifications and additions to sections of the zoning ordinance which restrict the usage of signs and advertisements. This would address the recent installations of rotating signage by Roadrunner Advertising on AL 31 at the Cullman County Courthouse and Vintage West.

The proposed amendment reads: “Signs and billboards with animated, blinking, chasing, flashing, moving, revolving or rotating effects by either natural or artificial means, used to depict action or to create a special effect or scene are prohibited.”

The move comes roughly six months after Roadrunner owner, Marty Roberson, began installing what he refers to as “carousels” throughout Cullman County, two of which currently fall inside Cullman city limits. Roberson described himself as a retired business man. His wife and daughter own and operate Vintage West, while his son and daughter-in-law own Cullman Sign and Banner. His job, he said, is to “dream up different projects and ideas and figure out ways to turn them into a money making business.”

“I would just rather be busy than sitting around watching old episodes of ‘The Lone Ranger,’” he said.

He said the concept for the rotating advertisements came about due to Cullman Sign and Banner not having the capabilities to produce and install high volumes of outdoor, roadside displays. Roberson developed the carousels while his daughter creates the advertisements. He said the displays have become popular with a number of business owners and Cullman County officials, with many of the ad spaces being devoted to Cullman County Parks and Recreation and the sheriff’s office. Roberson would like to expand his operation inside city limits, but has already encountered a number of obstacles in doing so.

Roberson said he was previously asked by the city’s chief building official, Brandon Lewis, to remove advertisements for a local real estate agent and Trident Marina, in order to meet the zoning ordinances current guidelines.

Lewis told The Times that “any sign that advertises a business that is not located on the property where the sign is, is technically considered a billboard,” and is only able to be installed within a fairly limited number of areas within the city.

Satterfield said a compromise was agreed to which would allow for the displays to remain in place under the condition that ad space only featured a business on the property or publicly funded departments.

“It’s a very creative way to advertise. I tip my hat to him, but I think the residents would agree that you don’t want to see these animated moving signs popping up everywhere throughout town,” Satterfield said.

Lewis also pointed to the potential distractions this type of animated display would create for drivers.

“In general, moving signs tend to distract drivers, and it just adds to the visual clutter we have on the main thoroughfares in town. I would say that is our main concern, is driver safety,” Lewis said.

Digital roadside advertisements, which otherwise fall in line with billboard restrictions, would be allowed to remain in place due to the listed exemptions from the proposed amendment, according to the city: “Signs and billboards that alternate the display of time (including moving hands of a clock) or temperature; and, signs and billboards that change characters, letters, or illustrations either manually or electronically (including barber poles), without altering the sign or billboard.”

Roberson said he felt as though his business was being singled out by the council and, despite his being the only existing business which would be affected by the amendment, he was not contacted by city officials to notify him of the public hearing held during Monday’s council meeting to speak against the change.

“They didn’t bother to tell me anything,” he said. “They’re the sneakiest. … Anybody that disagrees with the signage that I have, can come to me and explain to my face why I’m doing anything to harm anybody.”

Satterfield said that Roberson would not be the only individual affected by the change. He said several “well known and influential” small business owners were hoping to install their own animated displays. He also said the city followed all of the requirements to publish and announce any proposed changes to the zoning ordinance.

“Government is always going to look sneaky. That’s just, unfortunately, the times we live in, but this was a change to the zoning ordinance. Notice was run longer than any other thing and notice was run twice, first with the planning commission meeting and then at the city council meeting,” he said.

Satterfield also pointed to the positive additions the ordinance would give local schools, churches and non-profit entities legal ground to install temporary signs and banners for fundraising purposes.

“Maybe from their [the Roberson family] perspective this affects them in a negative. I understand that and I hate that. But, it also puts in writing and in legal terms that schools, churches and entities such as that can put up temporary commercial sponsorship signs. So, we hate they’re not happy about it, but it really preserves the rights of those entities to fundraise to pay for quality of life things such as sports teams, clubs, band and things like that,” Satterfield said.

The council announced its intention to hold the second public reading of the amendments during its upcoming meeting on Monday, Aug. 21, which would clear the way for its approval. Roberson said if approved, he intends to fight the amendment.

“I dare them to try to push this through. … We’re gonna keep doing exactly what we’re doing, until they haul me off in chains,” he said.