90-9381 Zoning RegulationsKuhn -Cow Printing — Salina, K ... m
(Published in The Salina Journal May IF, 1990)
ORDINANCE NUMBER 90-9381
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS
42-503, 42-504, 42-507, 42-509, 42-521, 42-581 OF THE SALINA CODE
REGARDING SIGNS, AND REPEALING THE EXISTING SECTIONS; AND BY
ADDING SECTIONS 42-510 AND 42-525 OF THE SALINA CODE.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 42-503 of the Salina Code is hereby amended
to read as follows:
"42-503. Sign standards.
(a) The gross surface area of a sign shall be the sum of all
surface areas of all the sign faces, except that for
signs designated as double faced signs, with both faces
parallel and the distance between the faces does not
exceed two (2) feet, then only one 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 of
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 whenever 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) No signs with flashing, pulsating or moving lights or
which create the illusion of movement shall be permitted
in any residential district or in the C-1 , C-2, or C-4
districts. A sign whereon the current time and/or
temperature is indicated by intermittent lighting is
permitted in all districts except residential districts.
Computer operated electronic message signs are
permitted in all districts except residential, C-1, and
C-2 districts. 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.
Kinn-Coz Printing — Salina, Kansas
(h) On corner and through lots, each lot line that abuts a
street or highway shall be considered a separate street
frontage, and restrictions that are phrased in terms of
"signs per zoning lot" shall be deemed to permit the
allowable number of signs facing each street or highway
that abuts the lot.
(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) .
(1) No sign shall be permitted to locate on public property
in any district. in the C-4 district, signs may extend
over public property no farther than six and one-half
(61) feet or to within two (2) feet of the back of the
curb, whichever distance is smaller. Any sign so
extending must be a minimum of ten (10) feet above
grade.
(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. That Section 42-504 of the Salina Code is hereby amended
to read as follows:
"Section 42-504. Exceptions generally.
The following signs shall be exempt from the
requirements of this article:
(1) Flags of a government or of a political, civic,
philanthropic, educational or religious organization,
displayed on private property;
(2) Signs of duly constituted governmental body, including
traffic or similar regulatory devices, legal notices,
warnings at railroad crossings, and other instructional
or regulatory signs having to do with health, hazards,
parking, swimming, dumping, etc.;
(3) Memorial signs and tablets displayed on private
property;
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(4) 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;
(5) 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;
(6) Scoreboards in athletic stadiums;
(7) Political campaign signs not exceeding eight (8) square
feet in area and not displayed for more than twenty-one
(21) days.
(8) Banner signs across public rights-of-way not exceeding
six (6) feet high and forty-eight (48) feet long may
only be displayed from crosswalk frames between Ash
Street and Mulberry Street over Santa Fe Avenue in
accordance with limitations specified by signed
agreement with the Salina City Commission.
(9) Window signs identifying a business, product or service
offered on the premises that is affixed to the interior of
the window of a shop or store front and not covering
over thirty-three percent (33%) of the total window area
on a single wall."
Section 3. That Section 42-507 of the Salina Code is hereby amended
to read as follows:
"Section 42-507. Same - Structural types.
The following signs are classified by 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 otherwise 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) Decorative sign. A sign or display fabricated of
canvas, cloth, plastic, plywood, or other light,
impermanent material and designed or intended to be
displayed in connection with an event for a short period
of time.
(3) Ground sign. Any sign placed upon, or supported by,
t e ground independently of the principal building or
structure on the property. Signs on accessory
structures shall be considered ground signs.
(4) Mobile sign. A sign that is not permanently affixed to
t e ground or a building and is designed or
constructed to be easily moved from one location to
another, including signs mounted upon or designed to
be mounted on a trailer, even if the sign has had its
wheels removed.
(5) Pole si�nn. A sign that is mounted on a free standing
po e� , the bottom edge of which sign is six (6) feet or
more above ground level.
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(6) 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.
(7) 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.
(8) 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."
Section 4. That Section 42-509 of the Salina Code is hereby amended
to read as follows:
"Section 42-509. Maintenance and safety.
All signs, including attendant braces, supports,
guys and anchors, shall be kept in a safe and sound
structural condition and maintained in a presentable state of
appearance. Defective parts shall be repaired or replaced
and display surfaces shall be kept neatly painted or posted
and readable at all times. Every sign and its immediate
surroundings shall be maintained in a clean and sanitary
condition and free of all offensive substances, rubbish and
weeds. All maintenance required is the responsibility of the
owner of the sign. Where ownership cannot be determined,
the property owner is responsible for the maintenance of the
sign. If the Zoning Administrator shall find that any sign is
unsafe, insecure, has been abandoned, or has been erected
or is being maintained in violation of this article, he shall
give written notice to the owner thereof to repair, alter or
remove the sign so as to comply with the standards herein
set forth.
Section 5. That Section 42-521 of the Salina Code is hereby amended
to read as follows:
"Section 42-521. C-3 and C-4 commercial districts.
The following sign regulations shall apply in the C-3
shopping center and C-4 central business districts:
(1) Functional typespermitted: Any type listed in Section
42-506, except that advertising signs for other than
special public events sponsored by governmental,
philanthropic, and non-profit organizations shall be
prohibited in the C-4 district and advertising signs
other than computerized electronic message displays
shall be prohibited in the C-3 district.
(2) Structural typespermitted: Any type listed in Section
0-5U, except that mo i e signs and roof signs shall be
prohibited in the C-4 district.
(3) Number of signspermitted: No maximum limitation in
the C-3 district. in the C-4 district, four (4) signs
per business with a maximum of ten (10) signs per
zoning lot; provided however, the following additional
restrictions shall apply:
(a) No more than one (1) projecting sign or ground /
pole sign shall be allowed per street frontage.
Kuhn -Con Printing — Salina, Kansas
(b) Ground / pole signs shall be allowed only on
zoning lots without buildings or those with
buildings having a front yard setback of ten (10)
feet or more.
(c) Ground / pole signs and projecting signs shall not
be allowed in combination along the same street
frontage.
(4) Maximum gross surface area:
(a) In the C-3 district, four (4) square feet of sign
area for each lineal foot of building frontage;
where no building frontage exists, one (1) square
foot of sign area for each lineal foot of street
frontage.
(b) In the C-4 district, three (3) square feet of sign
area for each lineal foot of building frontage for
allowable signage other than a ground / pole sign
or a projecting sign; where no building frontage
exists, one (1) square foot of sign area for each
lineal foot of street frontage. Irrespective of
building or street frontage, no property or zoning
lot shall be restricted to less than thirty-six (36)
square feet of sign area. No more than
sixty-seven (67) percent of allowable sign area
may be displayed on any building wall or street
frontage. In regards to projecting signs and
ground / pole signs, the following maximum area
limitations shall apply:
Building Projecting Ground/Pole
Frontage Signs * Signs
25 feet or less 30 sq. ft. 45 sq. ft.
26 - 50 feet 36 sq. ft. 54 sq. ft.
51 feet or more 48 sq. ft. 72 sq. ft.
* The maximum area for a projecting sign on a building
wall without street frontage shall be four (4) square
feet.
(5) Maximum Height: In the C-3 district, no sign shall project more
than thirty (30) feet above the highest point of the roof of the
structure associated with or on which it is located. In the C-4
district, projecting or wall signs may not project above the lowest
point of the roof of the structure to which it is attached; ground
/ pole signs may not exceed thirty (30) feet in height above
grade."
Section 6. That Section 42-581 of the Salina Code is hereby amended
to read as follows:
"Section 42-581. Nonconforming signs.
(a) All existing signs which are not specifically permitted
or which do not comply with all of the provisions of this
chapter for the zoning district in which they are located as
of April 17, 1990, shall be considered nonconforming signs.
Provided however, theatre marque signs in existence on
April 17, 1990, and located in the C-4 district shall be
deemed lawfully conforming signs, except for requirements
pertaining to safety, structural integrity, and maintenance
and shall not be subject to the abandonment requirements set
forth in Section 42-510.
(b) Repairs and damage. Nonconforming signs may not,
aftere� bruary 14, 1977, be enlarged, structurally altered or
extended unless such sign shall be made to ✓comply with all
of the provisions of this chapter, except that normal repairs
Kuhn -GO. Printing — Salina, Kansas
and repainting of nonconforming signs are permitted. When
a permanent nonconforming sign is destroyed or damaged by
any means to the extent of fifty (50) percent or more of its
present day replacement value, it shall not thereafter be
restored unless such sign shall be made to conform to all of
the provisions of this chapter.
(c) Removal of nonconforming signs. Any sign that
does not conform to the sign regulations for the zoning
district in which it is located shall be removed in accordance
with the following schedule:
(1) A sign having a total area of twenty-four (24) square
feet or less which is located in any residential district
shall be removed within two (2) years from the date
such sign became nonconforming with respect to this
chapter.
(2) All other signs located in any residential district shall
be removed within four (4) years from the date such
sign became nonconforming with respect to this chapter.
(d) Nonconforming open storage yards, outdoor display
or junk yards. Any nonconforming open storage yard,
outdoor display or junk yard or any other nonconforming
uses of land, not involving a structure or involving only
structures which are accessory to such use of land shall be
discontinued or made to conform to the regulations of the
zoning district in which located within two (2) years from
the date such use became nonconforming with respect to
these regulations. However no such use shall be required to
terminate if within the period it shall be located within a
completely enclosed building or surrounded by a solid fence
screening the stored goods or materials from general view.
Section 7. That Chapter 42 of the Salina Code shall be amended by
adding Section 42-510 which shall read as follows:
"Section 42-510. Abandoned signs.
Any sign which no longer advertises a bona fide
business conducted, product sold or service provided shall
be deemed to be abandoned and shall be removed at the
expense of the owner. Sign panels shall be removed within
thirty (30) days of the vacation of the premises or
discontinuance of the advertised activity. Sign frames and
poles shall be removed within one hundred eighty (180) days
of vacation of the premises or discontinuance of the
advertised activity unless new sign panels are installed
advertising a bona fide activity. The installation of new
sign panels on the same sign frame and pole shall not
require the issuance of a new sign permit. If, however, the
sign frame and pole are removed for any reason, a new
permit shall be required and the sign shall comply with the
provisions of this article."
Section 8. That Chapter 42 of the Salina Code shall be amended by
adding Section 42-525 which shall read as follows:
"Section 42-525. Historic signs.
(a) Specific provisions of this sign ordinance may be waived
by the Board of City Commissioners for designated
historic signs upon application by the owner or by
city -initiated application.
(b) Upon filing of said application, the Heritage
Commission, with or without review and recommendation
from the [Salina Business District Number 1 ] Design
Review Board, may recommend, and the City Commission
may declare a sign to be of "historic significance" by
making findings according to the guidelines below.
Except for requirements pertaining to safety, structural
integrity, or maintenance, a sign so designated shall be
deemed to conform to this article.
(c) To be designated "historically significant" a sign must
be found to comply with all of the following guidelines:
(1) The sign has been in continuous existence at the
present location for not less than twenty-five (25)
years.
(2) The sign possesses such exemplary design,
technology, craftsmanship, materials and/or means
or illumination that it significantly enhances the
cultural, historical, and/or aesthetic quality of the
community.
(3) The sign has not been significantly altered from
its historic period or, if altered, is restorable to
its historic function and appearance.
(d) Once designated "historically significant", removal of
the sign shall be subject to the provisions of
Article IX, Heritage Conservation District, regarding
demolition or removal of Heritage Landmarks."
Section 9. That the existing Sections 42-503, 42-504, 42-507, 42-509,
42-521 and 42-581 of the Salina Code are hereby repealed.
Section 10. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: May 7, 1990
Passed- May 14, 1990
Robert E. Frank, M or
[SEAL]
ATTEST-:
Jacqueline Stiiever, City Clerk