News Releases

12/3/2019 - Ordinance No. 19-11020 Amending Sections 42-503 & 42-504 of the Salina Code pertaining to the regulation of signs

ORDINANCE NUMBER 19-11020

AN ORDINANCE AMENDING SECTIONS 42-503 AND 42-504 OF THE SALINA CODE PERTAINING TO THE REGULATION OF SIGNS, INCLUDING SIGNS IN THE PUBLIC RIGHT-OF-WAY, AND EXEMPTIONS TO THE REGULATION OF SIGNS, IN THE CITY OF SALINA, KANSAS, AND REPEALING THE EXISTING SECTIONS.

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

Section 1.  Amendment.  Section 42-503 of the Salina Code is amended to read as follows:

Sec. 42-503.  Sign standards.  

(a)   The gross surface area of a sign shall be the sum of all surface areas of all sign faces, except that for signs designed as double faced signs, with both faces parallel and the distance between the faces does not exceed two (2) feet, then only one (1) face of the sign shall be considered in determining the gross surface area. When two (2) or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed the maximum allowable for the district regulations. For computing the area of any wall sign which consists of letters, numbers and symbols mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters, numbers or symbols.

(b)  Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign.

(c)   All signs must conform to the regulations and design standards of the building code of the city and all wiring of all electrical signs must conform to the electrical code of the city.

(d)  Illuminated signs shall be shaded wherever necessary to avoid direct casting of light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall be illuminated only during business hours or between the hours of 7:00 a.m. and 10:00 p.m.

(e)   Electronic changeable copy signs.

(1)  Electronic changeable copy signs shall be permitted: (i) in residential districts subject to the limitations of Section 42-517(7); (ii) in U districts subject to the limitations of Section 42-518(9); (iii) in P districts subject to the limitations in Section 42-518.2(7); (iv) in H-M districts; (v) in the C-1, C-2, C-3, C-5, C-6 and C-7 commercial districts; and (vi) in the I-2 and I-3 industrial districts. No electronic changeable copy signs shall be permitted in the C-4 district, except on theatres listed on a historic register. Applications for electronic changeable copy signs for historic theatres shall be reviewed and approved by the Heritage Commission. Electronic changeable copy signs shall comprise only a portion of the overall theatre marquee or sign design package for the theatre.

(2)  All electronic changeable copy signs must be equipped with a photo cell dimmer or some other automatic dimmer control that automatically adjusts for day and night brightness. The sign owner or sign installer shall provide written certification from the equipment manufacturer that the sign is so equipped. No electronic changeable copy sign shall exceed a brightness level of 0.3 foot-candles above ambient light as measured using a foot candle meter at a preset distance depending on sign size. The measuring distance shall be determined using the following equation: the product of the square root of the sign copy area times 100. Text and moving pictorial images shall be permitted; however, blinking, flashing, rotating, revolving, spinning or fluttering lighting or graphic animation is not allowed. Transitions between messages must fade, scroll or reveal. No signs with moving parts, revolving beacons, strobe lights or signs which emit an audible sound, shall be permitted in any district.

(f)   No sign shall block any required accessway or window.

(g)  No sign shall be attached to a tree or utility pole whether on public or private property.

(h)  On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage.

(i)    No metal sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected.

(j)    No sign shall be maintained at any location where by reason of its position, size, shape or color it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic-control sign, signal or device, or where it may interfere with, mislead or confuse traffic.

(k)  No sign shall be located in any vision triangle formed by the curb lines of any two (2) intersecting streets, except signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction. See also section 42-81.

(l)    No sign shall be permitted to be located in the public-right-of-way in any zoning district, except for the following:

(1)  Signs placed or authorized by the city, county, state, or federal government for the protection of the public health, safety, and general welfare, including, but not limited to, the following:

(i)    Emergency and warning signs necessary for public safety;

(ii)  Traffic and wayfinding signs;

(iii)                    Signs showing the location of public facilities including public and private hospitals and emergency medical services; and

(iv)Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibilities to protect the public health, safety, and general welfare.

(2)  Projecting signs within the C-4 (Central Business) zoning district, provided that no such sign may project over the public right-of-way more than half the width of the abutting public sidewalk or alley. Any sign so extending must be a minimum of ten (10) feet above grade.

(3)  Movable A-frame and sandwich board signs within the C-4 (Central Business) zoning district complying with Section 35-40.2 of the Salina Code.

(4)  Neighborhood entry signs placed and displayed in any RS, R, R-1, R-2, R-2.5, R-3 or MH residential zoning district, if authorized by the city pursuant to a written license agreement which shall specify the message content, size, placement, illumination, design, and material to be used.

(5)  Vertical banners attached to light or utility poles in any zoning district, if authorized by the governing body pursuant to a banner program.

(6)  Decorative flags within the Salina Business Improvement District No. 1, if authorized by the governing body pursuant to a decorative flag program.

(7)  Temporary signs placed and displayed in the unpaved public right-of-way for a city street, in any zoning district, during the period prior to an election, in accordance with the requirements set forth in Section 42-508(d).

(8)  Signs authorized by the city to be permanently affixed on bus benches in the public right-of-way at bus stops located on arterial streets. Signs affixed to bus benches must face toward  the adjacent public street. If signs are placed on bus benches by a private contractor pursuant to an agreement between the city and such contractor, the agreement shall be in writing and shall specify the allowable message content, size, placement, illumination, design, and material for each of the signs, so as to minimize the visual impacts of such signs on the general public and surrounding properties. 

(m)All signs which are more than four (4) feet above grade shall be securely fastened so as to prevent movement.

(n)  Any time a sign is removed from its structural support, except for the purposes of maintenance, repair, replacement, repainting or cleaning, or due to an act of God, the structural support shall be removed within twenty-four (24) hours, provided further, that if a sign removed for the purposes of maintenance, repair, replacement, repainting or cleaning, or due to an act of God, if not reinstalled within thirty (30) days of the removal, then the structural support shall be removed within twenty-four (24) hours.

Section 2.  Amendment.  Section 42-504 of the Salina Code is amended to read as follows:

Sec. 42-504.  Exemptions generally.

The following signs shall be exempt from the requirements of this article:

(1)  Noncommercial flags displayed on private property;

(2)  Signs placed or authorized by the city, county, state, or federal government for the protection of the public health, safety, and general welfare, including, but not limited to, the following:

(i)    Emergency and warning signs necessary for public safety;

(ii)  Traffic and wayfinding signs;

(iii)      Signs showing the location of public facilities including public and private hospitals and emergency medical services; and

(iv)Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibilities to protect the public health, safety, and general welfare;

(3)  Signs placed in or attached to a motor vehicle, bus, or railroad car that is regularly used for purposes other than the display of signs;

(4)  Onsite handheld signs;

(5)  Memorial signs and tablets displayed on private property;

(6)  Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the signs does not exceed the requirements of such law, order, rule or regulation;

(7)  Small signs, not exceeding five (5) square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and the like;

(8)  Scoreboards in athletic stadiums;

(9)  Window signs affixed to the interior of a window that do not display an advertising message or cover more than thirty-three (33) percent of the total window area on a single wall.   

Section 3.  Repealer.  Existing Salina Code Sections 42-503 and 42-504 are repealed.

Section 4.  Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:

Ordinance No. 19-11020 Summary

On December 2, 2019 the City Commission passed Ordinance No. 19-11020. The ordinance amends Sections 42-503 and 42-504 of the Salina Code pertaining to the regulation of signs, including signs in the public right-of-way, and exemptions to the regulation of signs, in the City of Salina, Kansas, and repeals the existing sections.  A complete copy of the ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W Ash Street, free of charge. This summary is certified by the City’s legal counsel.

                                                                        Introduced:     November 25, 2019

                                                                        Passed:            December 2, 2019

______________________________

Trent W. Davis, M.D., Mayor

[SEAL]

ATTEST:

______________________________

Shandi Wicks, CMC, City Clerk

 

The publication summary set forth above is certified this ____ December, 2019.

______________________________

Greg Bengtson, Legal Counsel