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