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17-10882 Article X Chapter 42 Sign Regulations (Summary published in The Salina Journal on July N , 2017.) (Published on the City of Salina's website for a minimum of one week from July I I to July 15 . NI1.) ORDINANCE NUMBER 17-10882 AN ORDINANCE ADDING NEW SECTIONS 42-500 AND 42-511 TO THE SALINA CODE PERTAINING TO THE PURPOSE OF THE CITY OF SALINA'S SIGN REGULATIONS AND ALLOWING THE SUBSTITUTION OF NONCOMMERCIAL MESSAGES ON ANY PERMITTED SIGN; AND AMENDING SALINA CODE SECTIONS 42-506, 42-507, AND 42- 508 PERTAINING TO THE REGULATION OF SIGNS WITHIN THE CITY OF SALINA, AND REPEALING THE EXISTING SECTIONS. 9 WHEREAS, Article X. Chapter 42 of the Salina Code regulates the placement of signs within the City of Salina ("City"); WHEREAS, the Governing Body finds that the number, size, height, lighting, design, location, portability, changing frequency, and other physical characteristics of temporary signs within the City directly affect the public health, safety, and welfare; WHEREAS, the City, pursuant to its police power, has the authority to take appropriate action to address concerns regarding traffic safety and aesthetics, as they relate to temporary signs; WHEREAS, the Governing Body recognizes that signs constitute speech protected by the First Amendment to the United States Constitution and that its regulation of temporary signs must be consistent with those protections; and WHEREAS, on June 18, 2015, the United States Supreme Court issued its decision in the case of Reed v. Town of Gilbert, which imposed new standards under the First Amendment to the United States Constitution with respect to determining the content-neutrality of municipal sign regulations; WHEREAS, the Reed v. Town of Gilbert decision prompts the Governing Body to amend Article X. Chapter 42 of the Salina Code in order to ensure compliance with the First Amendment and to update and clarify sign regulation and enforcement generally within the City; WHEREAS, the City has a substantial interest in regulating temporary signs in the manner set forth in this ordinance, and the regulations adopted and amended in this ordinance further the City's substantial interests in traffic safety and aesthetics. as well as those additional substantial interests set forth in the purpose statement adopted by this ordinance; and WHEREAS, this ordinance adds a message substitution provision to the Salina Code, allowing any sign permitted under the provisions of Article X. Chapter 42 of the Salina Code to display, or be substituted with, any noncommercial message, so that the City's regulations satisfy the constitutional mandate that it not restrict noncommercial signage to a greater degree than commercial signage; WHEREAS, the Governing Body finds that a proliferation of temporary signs in the public right-of-way detracts from the aesthetic quality of the streets and sidewalks, interferes with traffic safety and pedestrian access to public sidewalks and streets, and obstructs the entrance to businesses and residences; therefore warranting the prohibition of all forms of temporary signage within the public right-of-way; WHEREAS, the Governing Body finds and determines that following amendments to Article X, Chapter 42 of the Salina Code are necessary and desirable to protect the public health, safety, and welfare and to comply with and satisfy the protections afforded speech by the First Amendment to the United States Constitution, SO NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. New Section. The Salina Code is amended by adding a section to be numbered 42-500 which section reads as follows: 737 Sec. 42-500. Purpose. g This Article promotes the public health, safety and welfare of the community through a comprehensive system of reasonable, effective, consistent, content-neutral and nondiscriminatory sign standards and requirements, narrowly drawn to: I. Ensure that all signs installed in the city are compatible with the character and visual environment of the community and promote the goals, objectives and policies of the Comprehensive Plan; 2. Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages; 3. Improve pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, unsecured, cluttered, distracting, and/or illegible signage; 4. Protect the aesthetic appearance of the city's natural and built environment for its citizens and visitors; 5. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or poorly maintained; 6. Protect property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape; and 7. Provide for the placement of temporary signs in limited circumstances, without regard to the communicative content of the sign. 8. Provide consistent design standards that enable the fair and consistent enforcement of these sign regulations. 9. Enhance the city's ability to maintain its public rights-of-way. Section 2. Amendment. Section 42-506 of the Salina Code is amended to read as follows: Sec. 42-506. Classification of signs--Functional types. The following signs are classified by function: (I) Advertising sign. A sign displaying a commercial message that directs attention to a business, commodity, service or entertainment conducted. sold, or offered at a location other than the premises on which the sign is located, or to which it is affixed (off- premise sign). (2) Bulletin board sign. A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcements of persons, events or activities appearing or occurring at the institution. Such signs may also present a greeting or similar message. B (3) Business sign. A sign displaying a commercial message that directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. (4) Identification sign. A sign having the name and address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. (5) Menu board sign. An on-site sign designed and used for the display of menu items and pictures and/or prices of menu items. (6) Nameplate sign. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a professional status. Section 3. Amendment. Section 42-507 of the Salina Code is amended to read as follows: Sec. 42-507. Same--Structural types. The followine signs are classified as types: (1) Awning, canopy and marquee sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is othenvise permitted by this chapter. No such sign shall project more than twenty-four (24) inches above, below, or twelve (12) inches beyond the physical dimensions of the awning, canopy or marquee, and a minimum of eight (8) feet of clearance shall be provided above grade. (2) Banner sign. A temporary sign composed of cloth, canvas, plastic, fabric, or similar light-weight, non-rigid material that is mounted to a wall, canopy, or solid fence with cord, rope, cable, or a similar method. (3) Changeable copy sign. Any sign on which message copy can be changed through the use of attachable letters and numerals or by electronic switching of lamps, light emitting devices, or illuminated tubes. This includes public messaee displays or any sign which features automatic switching such as time and temperature signs. (4) Electronic changeable copy sign/Computer-operated electronic message signs. A sign containing a computer or digital software generated message or other automated or remote method of changing copy. (5) Feather flag. A temporary, freestanding, vertical sign, also referred to as a teardrop flag, swooper flag or wind flag, consisting of a loose polyknit or other semi-rigid membrane sign face that flutters in the wind from a pole or staff attached to, anchored or placed into the ground. (6) Flashing sign. A sign which contains an intermittent or flashing, pulsating, blinking or traveling light source which includes signs that give the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. 3 (7) Ground sign. Any sign placed upon or supported by, and permanently affixed to, the ground independently of the principal building or any accessory structure on the property. (8) Illuminated sign. Any sign which is directly lighted by any electrical light source, internal or external, regardless of technology. z (9) Inflatable sign. Any sign made of flexible material enlarged, activated or inflated by inserted air or gas, which floats, is tethered in the air, or is located on the ground or on a building. 73 (10)Mobile sign. A sign that is not permanently affixed to the ground or a building and is Ti designed or constructed to be easily moved from one (I) location to another, including signs mounted upon or designed to be mounted on a trailer, even if the sign has had its wheels removed. (I 1)Pole sign. A sign that is mounted on a freestanding pole, the bottom edge of which sign is six (6) feet or more above ground level. (12)Projecting sign. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. (13) Pylon sign. A freestanding sign, other than a pole sign, permanently fixed to the ground by shafts, posts or other supports wrapped with an aesthetic veneer, but not having the appearance of a solid base. (14)Roof sign. A sign erected, constructed and maintained wholly upon or projecting above any portion of the roof of a building or having the roof as the principal means of support. A mansard shall be considered part of the wall of the building. (15) Rotating sign. Any sign or portion of a sign which moves in a revolving or similar manner. (16) Temporary sign. A sign that is to be displayed for a short period of time and not designed or constructed for permanent display, including but not limited to yard signs, banners, flags, balloons, feather flags, and inflatable signs. Temporary signs shall not include mobile signs. (17) Wall sign. A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. (18) Yard sign. A temporary, freestanding sign made of lightweight or nondurable materials such as paper, cardboard, canvas, fabric, wood, metal, or vinyl that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Yard signs shall not include banner signs. Section 4. Amendment. Section 42-508 of the Salina Code is amended to read as follows: Sec. 42-508. Temporary signs, banner signs, and mobile signs. (a) The following temporary signs shall be exempt from the zoning certificate (sign permit) requirements of section 42-502, and shall be allowed to display any commercial or noncommercial message on a property with the owner's consent in addition to any other signs allowed under this article and the applicable district regulations: (1) Two (2) yard signs may be placed and displayed on an individual residential lot in any RS, R, R-1, R-2, R-2.5, R-3 or MH residential zoning district. (2) Two (2) freestanding temporary signs of any type except feather flags, inflatable signs or banners may be placed and displayed on property located in any A-I, U, H-\4, P, C-1, C- 2. C-3, C-4, C-5, C-6, C-7, I-1, 1-2 or 1-3 zoning district and on property occupied by multi-family apartments, assisted living facilities and nursing homes. 4 (3) In addition to the temporary signs allowed under subsections (a)(I) and (a)(2), four (4) additional yard signs may be placed and displayed on a property in any zoning district for a period up to forty-five (45) days prior to an election involving candidates for a federal, state or local election that represent the district in which the property is located or involving an issue on the ballot of an election within the district where the property is located. These additional temporary yard signs must be removed within seven (7) days following the election. 7 (b) On property located in any A-I, U, H-M, P. C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1. 1-2 or 1-3 zoning district, or on property occupied by multi-family apartments, assisted living facilities and nursing homes, temporary signs allowed under subsection (a) shall not exceed six (6) feet in height or thirty-two (32) square feet of sign area. (c) On property located in any RS, R, R-1, R-2, R-2.5, R-3 or MH residential zoning district, other than property occupied by multi-family apartments, assisted living facilities and nursing homes, temporary signs allowed under subsection (a) shall not exceed six (6) feet in height or eight (8) square feet of sign area. (d) In addition to the temporary signs allowed under subsection (a): (1) Feather flags may be placed and displayed on property located in any A-1, U, H-M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, 1-I. 1-2 or 1-3 zoning district and on property occupied by multi-family apartments, assisted living facilities or nursing homes. Two (2) feather flags for every fifty (50) feet of street frontage, not exceeding a total of six (6) flags per street frontage, may be displayed on a property for a period not exceeding thirty (30) consecutive days for up to six (6) events in a calendar year. Feather flags shall not exceed thirteen (13) feet in height, shall be set back from any adjoining street a distance equal to its height, shall be securely anchored to the ground, and must be removed by the owner if the flag becomes tattered, torn or damaged. (2) One (1) inflatable sign may be placed and displayed on property located in any A-I, U, H-M, P. C-1, C-2, C-3, C-4, C-i, C-6, C-7, I-1, 1-2 or 1-3 zoning district and on property occupied by multi-family apartments, assisted living facilities or nursing homes. An inflatable sign may be displayed for a period not exceeding fourteen (14) consecutive days for up to four (4) events in a calendar year. An inflatable sign shall not exceed twenty (20) feet in height, shall be securely anchored to the ground, shall be set back from any adjoining street a distance equal to its height, and must be removed by the owner if the inflatable device becomes tattered, torn or damaged. (e) Banners placed over an existing sign face, placed at least eight (8) feet above ground level on existing poles or other supports which serve another primary purpose or placed on an existing building, canopy, solid fence, or other structure located behind the front yard setback line shall be exempt from the zoning certificate (sign permit) requirements of section 42-502, but shall comply with all of the requirements of this article and the applicable district regulations. (0 Mobile signs may be permitted upon issuance of a zoning certificate (sign permit) and when in compliance with all of the other requirements of this article, the applicable district regulations, and the following provisions: (1) Only one (1) mobile sign shall be allowed on a zoning lot. (2) Mobile signs shall not exceed thirty-two (32) square feet in area. (3) Mobile signs shall not be placed within twenty-five (25) feet of an existing pole sign or ground sign, within fifty (50) feet of another mobile sign or within the clear vision triangle of any street or driveway. (4) Mobile signs shall not be placed on the premises of an establishment which has an existing pole sign or ground sign located in the front yard. 5 (5) Mobile sign permits shall be valid for not more than thirty (30) days. Each establishment may be issued not more than four(4) permits during a calendar year for a combined total of sixty (60) days. (6) Mobile signs shall be of rigid construction and anchored or weighted to prevent movement or overturning by wind. • (7) Electrical lines shall not lie on the ground where vehicular or pedestrian traffic is permitted. Use of aboveground extension cords is prohibited. All wiring shall comply with the electrical code of the city. (8) Use of red, yellow, or green external lighting shall be prohibited. Any light shall be constant in intensity or color at all times. (g) No sign authorized under this section 42-508 shall be placed or displayed within the public right-of-way. Section 5. New Section. The Salina Code is amended by adding a section to be numbered 42-511 which section reads as follows: Section 42-511. Sign substitution. The owner of any sign which is otherwise allowed by this article may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or.permitting. The purpose of this provision is to prevent any inadvertent favoring of any particular commercial or noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. Section 6. Repealer. Existing Salina Code Sections 42-506, 42-507, and 42-508 are repealed. Section 7. 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. 17-10882 Summary On July 10, 2017, the City Commission passed Ordinance No. 17-10882. The Ordinance adds new Sections 42-500 and 42-511 to the Salina Code pertaining to the purpose of the sign regulations and allowing the substitution of noncommercial copy on any permitted sign and amends Salina Code Sections 42-506, 42-507, and 42-508 pertaining to the regulation of signs and repeals the existing sections. A complete copy of the Ordinance can be found at Hww.salina-ks.gov or in the office of the City Clerk. 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: June 26, 2017 Passed: July 10. 2017 Kaye J. :wfor . Mayor [SEAL] \ \ ATTEST: \V 6 Jason A. Gave.its S1ana2e r Certification of Publication Summary: 11.1 < y e A. B-; • . Legal Counsel - 0 U II 1 7