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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; Kinn -Cox Printing — Salina, Kansas (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. Kuhn -G , Printing —Selina, Kansaa (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