7.1 Sign Regulation Intent
'-
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
10/21/02
TIME
4:00 P,M.
1
ORIGINATING DEPARTMENT:
DEAN ANDREW
PLANNING & COMMUNITY
DEVELOPMENT
BY: DA
APPROVED FOR
AGENDA:
AGENDA SECTION:
NO.
7
ITEM
NO.
BY' ...
~ '1"---
Item
Request for City Commission policy guidance on the intent and application of Section 42-503 of the
City of Salina Sign Regulations.
Nature of Request
During the week of October 7, 2002, City staff received an inquiry about placing a light on top of the
Bosselman Travel Center at 1944 N. 9th Street. The light or beacon would project upward into the sky
and rotate and be visible to motorists on 1-70. Bosselman's has indicated that they want this beacon
to become a trademark of their truck stops throughout the midwest.
This request was referred to the Planning Department for a determination as to whether this would be
permissible in Salina. The Planning staff first determined that this rotating beacon would be an
attention getting device and was therefore subject to the City of Salina's Sign Regulations. The
Planning staff then referred to the Sign Standards in Section 42-503( e) of the Sign Regulations.
Subsection (e) states that:
"No signs with moving parts, revolving beacons, strobe lights or signs which emit
an audible sound shall be permitted in any district."
Based on this analysis staff informed Bosselman's that such rotating beacon would not be permissible
in the City of Salina. Staff has consistently interpreted this section to prohibit the use of searchlights
as an advertising device within the City and concluded that the proposed beacon would essentially be
a roof mounted searchlight.
Bosselman's response was that they have not had difficulties getting approval to install roof top rotating
beacons in their other locations. They also argue that Section 42-503(e) was only intended to prohibit
revolving beacons that are physically attached to signs and since their proposed light is not part of any
sign it is simply a light and not subject to Section 42-503(e).
Staff Analysis
Since Bosselman's challenge to staffs application of the ordinance revolves around what the City
Commission intended to prohibit, this matter has been brought to the City Commission for guidance
in applying and enforcing the ordinance.
The City of Salina's current Sign Regulations were adopted in 1977. They were most recently
amended in 1990 as part of a comprehensive amendment of downtown sign regulations. Section 42-
503( e) was modified slightly to add the language moving parts, strobe lights and signs which emit an
audible sound. The language prohibiting rotating beacons dates back to the 1962 Zoning Ordinance.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
10/21/02
TIME
4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
DEAN ANDREW
PLANNING & COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
BY:
BY:
City Commission Alternatives
1. The City Commission could determine that the legislative policy of the City of Salina should be that
such rotating beacons are prohibited within the city and that the language in Section 42-503(e) is
clear on its face that such beacons are not allowed.
2. The City Commission could determine that the legislative policy of the City of Salina should be that
such rotating beacons are prohibited within the city but that the language in Section 42-503(e)
should be modified to more clearly reflect that.
3. The City Commission could determine that the prohibition on rotating beacons in Section 42-503(e)
was intended to apply only to beacons and lights that are physically attached to a sign and not to
freestanding searchlights or beacons.
Enclosure:
Letter from Ken Wasserman on behalf of Bosselman's
NORTON. WASSERMAN. JONES. KELLY
FRANK C. NORTON
KENNETH W. WASSERMAN
"
MAILING ADDRESS:
P.O, Box 2388
Salina. KS 67402-2388
ROBERT S. JONES
ROBERT A. MARTIN
JASON L. REED
Attorneys at Law
LAW OFFICES AT:
213 S. Santa Fe
Salina. KS 67401
NORMAN R. KELLY
LAWRENCE E. NORDLING
1. WADE BAINUM
Telephone 785-827-3646
Fax 785-827-0538
E-Mail: nwjk@nwjklaw,com
October 10, 2002
HAND-DELIVERED
RECEIVED
OCT 1 0 2002
City of Salina
Planning Department
ATTN: Dean Andrew
P.O. Box 736
Salina, KS 67402-0736
PLANNING DEPARTMENT
RE:
Bosselman's Lighting Request
Dear Dean:
This will confirm the hearing that has been scheduled with the Salina City
Commission for October 21,2002 at 4:00 p.m. regarding the interpretation of the
City of Salina' s sign regulations, particularly Section 42-503 relating to moving light
sIgns.
Thank you for your assistance.
Very truly yours,
KWW/lp
cc: Dennis Kissinger, City Manager
Brandi Bosselman