7.1 Ordinance No. 22-11135 Text Amendment Temporary SignsCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/10/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
Community and Development Services BY:
ITEM Planning Division FINAL APPROVAL -
NO: 1 C
Page 1 BY: Dean Andrew DA BY: �/ �
ITEM: Ordinance No. 22-11135 t v
Consider approval of a clarifying amendment to the text of Section 42-508(d) governing the placement
of temporary signs during election season by more explicitly prohibiting the placement of temporary
signs in medians separating lanes of traffic in public roadways and other grassy islands that are
bordered by streets on both sides.
BACKGROUND:
In 2015, the Kansas Legislature adopted K.S.A. 25-2711, which preempts local laws relating to the
regulation of political signs during the 45 -day period prior to an election and two-day period following
the election. The statute provides:
"No city or county shall regulate or prohibit the placement of or the number of political signs on private
property or the unpaved right-of-way for city streets or county roads on private property during the 45 -
day period prior to any election and the two-day period following any such election. Cities and counties
may regulate the size and a set -back distance for the placement of signs so as not to impede sight
lines or sight distance for safety reasons."
The statute was signed into law on June 5, 2015 and was effective upon publication (July 1, 2015).
The United State Supreme Court's decision in Reed vs. Town of Gilbert was decided June 18, 2015.
In Reed, the United States Supreme Court held that, absent a compelling governing interest, cities
may not impose different regulations on opinion signs based on the ideas or messages that are
expressed. The statute prompted considerable discussion related to the constitutionality of its content -
specific provisions in light of Reed vs Town of Gilbert. However, on November 28, 2018, the Kansas
Attorney General issued an opinion, which concluded that the statute does not violate the First
Amendment of the United States Constitution. In reaching this conclusion, the Attorney General
recognized that:
[T]he manner in which local jurisdictions elect to comply with the requirements of [the statute] could
present First Amendment concerns similar to those addressed in Reed but it also certainly is possible
for local jurisdictions to comply with both state statute and the First Amendment. For example, a local
jurisdiction could elect to enforce no local sign regulations at all or could enforce regulations that do
not regulate or prohibit the placement or the number of any signs, regardless of content, in the
designated locations during the 45 -day period prior to any election and the two-day period following
the election.
Prior to 2019, Salina Code Section 42-508: (1) imposed a numerical limit on the number of temporary
signs that an owner may display on their property; and (2) prohibited the placement of signs in the
public right-of-way. These rules are inconsistent with the preemption language in K.S.A. 25-2711.
Accordingly, it became necessary for the City to amend Section 42-508 to comply with the state
statute.
As recognized by the Kansas Attorney General, the manner in which cities elect to comply with the
requirements of K.S.A. 25-2711 may present First Amendment concerns. The First Amendment
AGENDA SECTION
NO:
ITEM
NO:
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
TOM 0/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
AN
concerns would arise if the City makes special accommodations for signs displaying political
messages, but not other signs displaying other types of non-commercial messages. Accordingly, to
comply with K.S.A. 25-2711 while ensuring that the City's sign code is content -neutral as required
under the Reed decision, the City's legal counsel recommended creating new rules applicable to all
noncommercial temporary yard signs, so that all noncommercial temporary yard signs are subject to
the same rules. The new subsection (d) of Section 42-508 allows an unlimited number of temporary
yard signs during the 45 -day period prior to an election and the two-day period following an election.
(A copy of that code language is attached.)
The City of Salina comprehensively amended its temporary sign regulations in 2016 in response to
Reed vs. Town of Gilbert and then amended them again in 2019 in response to the Kansas Attorney
General's opinion.
Prior to 2019, Section 42-508 authorized property owners to place temporary yard signs on their
private property— everything from political signs to personal opinion signs and for sale signs but placed
a cap on the number of yard signs a property owner could place in their yard and limited the size of
those signs. It also included a provision to allow property owners to display four (4) additional signs
during an election season. However, the Kansas Legislature enacted a statute prohibiting cities and
counties from regulating the number of political signs and from prohibiting political signs in the right-
of-way in the 45 -day period leading up to an election.
Summary of 2019 Amendments
The 2019 changes to Section 42-508 brought Salina's Sign Regulations into conformance with K.S.A.
25-2711, by allowing an unlimited number of temporary signs to be placed and displayed on private
property or the unpaved public right-of-way 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
or public right-of-way is located or involving an issue on the ballot of an election within the district
where the property or public right-of-way is located.
The text amendment allowed an abutting property owner to place a sign or to give their permission for
a tenant to place a sign in the right-of-way abutting their property. It did not authorize the placement
of temporary signs in the medians of streets like South gth Street or Belmont Boulevard. Although
staff's reports to the Planning Commission and City Commission indicated that the intent was to not
allow temporary signs in the medians of public streets, there is no language in the ordinance that
expressly prohibits it. Temporary signs placed in the right-of-way are limited to 8 square feet in size
and cannot be placed where they would obstruct visibility at any street or driveway intersection. Since
2019, placement of campaign signs within street medians has created considerable confusion and
consternation in general and it also calls into question whether an adjoining property owner has
sufficient authority to grant permission for placement of signs within medians.
As written, the state legislation created a situation where in years a primary election is held there
would be a gap period between the August primary election date and the fall election season where
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT:
DATE TIME
10/10/2022 4:00 P.M.
FISCAL APPROVAL:
Community and Development Services
Planning Division
BY: Dean Andrew
BY:
FINAL
cities could prohibit the placement of signs in the public right-of-way. To avoid this situation, the City's
legal counsel drafted optional language that would allow temporary signs to be placed and remain in
the right-of-way from the primary election season through the November general election date. The
Planning Commission endorsed this no gap approach and included it in their recommendation to the
City Commission. The City Commission concurred with this recommendation and signs can remain in
place between the August primary election date and the November general election date.
Proposed Amendments
On August 16, 2022, the Planning Commission authorized staff to initiate a clarifying text amendment
to Section 42-508(d) of the temporary sign regulations that would more clearly prohibit the placement
of temporary signs in locations where that are medians separating lanes of traffic on public streets and
other grassy islands that are bordered by street right-of-way on both sides during election season. The
placement of temporary signs in these right-of-way areas is already prohibited outside of election
season. The Planning Commission set October 4, 2022 as the public hearing date to review and
discuss the proposed amendment.
The intent of the State legislature was to allow abutting property owners to express their political
opinions by placing signs in the right-of-way abutting their property during election season. This right
was conferred to property owners and not to political candidates generally. The City of Salina's local
ordinance is consistent with this approach.
Under the proposed amendment, new subsection (i) is intended to address situations such as South
Ohio Street south of Cloud Street, South 91h Street between gth Street and gth Street Place and South
Broadway Boulevard where Windsor Drive abuts Broadway Boulevard on the east where a frontage
road physically separates the Ohio Street, 9th Street and Broadway Boulevard right-of-way from
adjoining private property.
New subsection (ii) is intended to prohibit the placement of temporary signs in the medians of divided
streets like Belmont Boulevard and North and South 9th Streets.
New subsection (iii) is intended to make clear that the placement of temporary signs is prohibited within
interstate interchange rights-of-way such as Schilling Road and 1-135.
Planning Commission Recommendation
At their August 16, 2022 meeting, the Planning Commission, by motion, authorized staff to initiate a
clarifying text amendment to Section 42-508 that would explicitly prohibit the placement of temporary
signs in medians located between travel lanes and other grassy islands that are bordered by streets
on both sides. This proposed text amendment was advertised for an October 4, 2022 public hearing
before the Planning Commission. At the October 4, 2022 public hearing, following presentation of the
staff report and comments and questions from Commission members, the Planning Commission voted
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/10/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY
FINAL APPROVAL:
M
7-1 (Ivey dissenting) to recommend approval of the draft text amendment as drafted and presented
with the language "or other public use" being deleted from subsection (2)(i). The concern of the
Planning Commission was that the term 'intervening public use" was not precise enough and could
be interpreted to include hike -bike paths and sidewalks separating the adjacent property line from the
curb line of the street. If that were the case, signs could not be placed between the intervening hike -
bike path/ sidewalk and the street. The Planning Commission chose to address it by deleting the
language from the amendment.
Staff would note that following the Planning Commission meeting the City Attorney prepared
some qualifying language that clarifies that the term "public use" does not include hike -bike
paths or sidewalks for the City Commissions consideration.
FISCAL NOTE:
There will be no fiscal impact on the City if the City Commission approves this text amendment in code
enforcement on the placement of temporary signs.
COMMISSION ACTION:
Staff has identified the following alternatives for the Commission's consideration.
If the City Commission concurs with the recommendation of the Planning Commission, the
Commission could approve Ordinance No. 22-11135 amending Section 42-508 of the City's
Sign Regulations. (This action would require three (3) affirmative votes)
2. The City Commission could approve Ordinance No. 22-11135 with minor revisions, additions or
deletions to the text of the ordinance. (This could be done with three (3) affirmative votes if the
amendments are consistent with the recommedation of the Planning Commission) Based on
the discussions that occurred at the October 4th Planning Commission hearing, staff believes
that the alternative language put forward by the City Attorney is consistent with the concerns
expressed by the Planning Commission and could be adopted with three (3) votes. If the City
Commission were to to make major revisions, those could be approved at the October 10
meeting but would require four (4) affirmative votes to pass.
The City Commission could postpone consideration of this proposed text amendment and
further continue this item to a future meeting date if it believes additional information is needed
from staff.
4. The City Commission could overturn the recommendation of the Planning Commission and
vote to deny the proposed text amendment if the Commission finds it is not in the public interest
to make any changes to the temporary sign regulations. (This would require four (4) affirmative
votes)
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10/10/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY:
ITEM Planning Division FINAL APPROVAL:
NO:
Page 5 BY: Dean Andrew BY:
Because of the upcoming general election on Tuesday, November 8'h, staff would recommend that this
ordinance be approved on first and second reading on the same day. If the City Commission is
supportive of this recommendation the following procedure should be followed:
1. A motion should be made to approve Ordinance No. 22-11135 on first reading (Vote).
2. A motion should be made to find that a compelling public interest exists to allow first and second
reading of the ordinance on the same day (Vote).
3. A motion should be made to approve Ordinance No. 22-11135 on second reading (Vote and
Roll Call).
Enclosures: Application
Ordinance No.22-11135
City Attorney's alternate language
Planning &
Community
Develoument
Publication Date
September 13, 2022
Application No.
Z 22-9
Hearing Date
October 4, 2022
Date Filed
August 26, 2022
Filing Fee
NSA
Receipt No.
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for:
a clarifying amendment to the text of Section 42-508(d) governing the placement of temporary signs during election
season by more explicitly prohibiting the placement of temporary signs in boulevard medians and other grassy islands
that are bordered by streets on both sides.
Applicant's Name (print)
Salina City Planning Commission
Applicant(s) Signature ��s..-tom! n� r�.s+.� Date 8/26/22
Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the
additional sheets.
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
Name of representative
Mailing Address, City, State, Zip
Telephone (Business) and E -Mail
PLF — 053, Application Zoning Text Amendment, Rev. 6-2008
Public Hearing Draft
Application #Z22-9
Proposed Amendment of Section 42-508(d)
October 4, 2022
(d) Notwithstanding any other provision in this article:
(1) An unlimited number of temporary signs may be placed and displayed on private property either
by or with the permission of the owner ortenant of such private property in any zoning district for
a period of up to forty-five days prior to an election involving candidates for a federal, state or
local election that represent the district in which the private property is located or involving an
issue on the ballot of an election within the district in which the private property is located. In
years during which a primary election is held, any signs authorized under this subsection with
respect to the primary election may continue to be placed and displayed during the period
between the primary election and immediately following the general election, except to the
extent that displaying a sign is in violation of applicable electioneering laws.
(2) To comply with K.S.A. 25-2711 (even though the unpaved area of platted right-of-way for city
streets is city property and not private property), an unlimited number of temporary signs may
also be placed and displayed in the unpaved public right-of-way immediately abutting private
property either by or with the permission of the owner or tenant of such private property during
the same periods of time described in subsection (1) above. The area referred to as "the unpaved
public right-of-way immediately abutting private property" shall not include (i) any unpaved
public right-of-way physically separated from such private property by an intervening public
street, alleyway, drive, or other public use, (ii) any median separating lanes of traffic in public
roadways or (iii) any interstate interchange.
(3) Temporary signs placed and displayed pursuant to this subsection shall comply with the following
requirements:
(i) Temporary signs must be removed within two (2) days following the election except in
years during with a primary election is held, in which case the signs shall be removed
within two (2) days following the general election.
(ii) No temporary sign shall exceed six (6) feet in height or eight (8) square feet of sign area.
(iii) In all areas on private or public property at any corner formed by intersecting public
streets or public streets intersecting private driveways, all temporary signs shall comply
with setback requirements contained in section 35-51, so as not to impede sight lines or
sight distance for safety reasons.
(Summary published in The Salina Journal on October _, 2022)
(Published on the City of Salina's website for a minimum of one week from October to , 2022)
ORDINANCE NUMBER 22-11135
AN ORDINANCE AMENDING SECTION 42-508 OF THE SALINA CODE
PERTAINING TO THE REGULATION OF TEMPORARY SIGNS WITHIN THE CITY
OF SALINA, KANSAS, AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. 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-1, U, H -M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1, 1-2 or I-3 zoning
district and on property occupied by multi -family apartments, assisted living
facilities and nursing homes.
(b) On property located in any A4, U, H -M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-
1, I-2 or I-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) Notwithstanding any other provision in this article:
(1) An unlimited number of temporary signs may be placed and displayed on
private property either by or with the permission of the owner or tenant of
such private property in any zoning district for a period of up to forty-five
days prior to an election involving candidates for a federal, state or local
election that represent the district in which the private property is located
or involving an issue on the ballot of an election within the district in
which the private property is located. In years during which a primary
election is held, any signs authorized under this subsection with respect to
the primary election may continue to be placed and displayed during the
period between the primary election and immediately following the
general election, except to the extent that displaying a sign is in violation
of applicable electioneering laws.
(2) To comply with K.S.A. 25-2711 (even though the unpaved area of platted
right-of-way for city streets is city property and not private property), an
unlimited number of temporary signs may also be placed and displayed in
the unpaved public right-of-way immediately abutting private property
either by or with the permission of the owner or tenant of such private
property during the same periods of time described in subsection (1)
above. The area referred to as "the unpaved public right-of-way
immediately abutting private property" shall not include (i) any unpaved
public right-of-way physically separated from such private property by an
intervening public street, alleyway, or drive, (ii) any median separating
lanes of traffic in public roadways or (iii) any interstate interchange.
(3) Temporary signs placed and displayed pursuant to this subsection shall
comply with the following requirements:
a. Temporary signs must be removed within two (2) days following the
election except in years during with a primary election is held, in
which case the signs shall be removed within two (2) days following
the general election.
b. No temporary sign shall exceed six (6) feet in height or eight (8)
square feet of sign area.
c. In all areas on private or public property at any comer formed by
intersecting public streets or public streets intersecting private
driveways, all temporary signs shall comply with setback requirements
contained in section 35-51, so as not to impede sight lines or sight
distance for safety reasons.
(e) 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, I-1, I-2 or I-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-1, U, H -M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7,14, I-2 or I-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.
(f) 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.
(g) 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) 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.
(h) Except for temporary signs allowed pursuant to subsection (d), no sign authorized
under this section 42-508 shall be placed or displayed within the public right-of-
way.
Section 2. Repealer. Existing Salina Code Section 42-508 is repealed.
Section 3. 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. 22-11135 Summary
On October 10, 2022 the City Commission passed Ordinance No. 22-11135. The
Ordinance amends Section 42-508 (d) of the Salina Code pertaining to the
regulation of temporary signs within the City of Salina, Kansas and repeals the
existing section. A complete copy of the ordinance can be found at www.salina-
kLggv 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: October 10, 2022
Passed: October 10, 2022
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
The publication summary set forth above is certified this _ October, 2022.
Greg Bengtson, Legal Counsel
City Attorney's
Alternative Language for Subsection (2)(i)
(2) To comply with K.S.A. 25-2711 (even though the unpaved area of platted right-of-way for
city streets is city property and not private property), an unlimited number of temporary
signs may also be placed and displayed in the unpaved public right-of-way immediately
abutting private property either by or with the permission of the owner or tenant of such
private property during the same periods of time described in subsection (1) above. The
area referred to as "the unpaved public right-of-way immediately abutting private property'
shall include any unpaved public right-of-way physically separated from such private
property by an intervening pedestrian sidewalk or hike -bike path but shall not include (i)
any unpaved public right-of-way physically separated from such private property by an
intervening public street, alleyway, drive, or other public use (other than a pedestrian
sidewalk or hike -bike path), (ii) any median separating lanes of traffic in public roadways
or (iii) any interstate interchange.