Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Kurt Schroeder, Assistant Director, Development Services
CC:	Scott McCullough, Director, Planning and Development Services; Barry Walthall – Building Code Administrator
Date:	September 25, 2013
RE:	Request for Sign Code amendment

Please place on the October 1, 2013 City Commission Agenda the following:

Consider adopting on first reading Ordinance No. 8915, amending the Sign Code in Chapter V, Article 18, Section 1841.6, by adding Section 1841.6(D). The proposed amendment will allow changeable, digital display of gasoline and fuel product and numeric price information on ground/surface mounted (monument type) signs in Commercial or Industrial Districts, limited to not more than 25 percent of the total sign face area.

Background:

On July 9, 2013, the City Commission considered a request from Nancy Holmes of Full Bright Sign & Lighting to amend the Sign Code to allow digital electronic display of gasoline prices. Ms. Holmes also requested that such digital electronic (LED) signs be remotely changeable and allowed to scroll. The City Commission referred the request to the Sign Code Board of Appeals for recommendations.

With the exception of signs that impart general information unrelated to the commercial enterprise involved (such as time and temperature signs), digital electronic signs have been determined to be “Flashing or Moving Signs” prohibited by the Sign Code in Section 5-1822. Although changeable copy signs or “reader boards” are generally prohibited for ground/surface-mounted signs by Section 5-1841.5(B), there are a few specific exceptions, including the display of gasoline prices. However, per current Sign Code, such “reader board” price signs can only be changed manually (typically with plastic numbers inserted in plastic or metal channels, or with magnetized numbers).

Staff Analysis:

In her letter requesting the Sign Code change, Ms. Holmes cites possible benefits of allowing digital electronic (LED) or scrolling display of gasoline prices, including the ability to change the display electronically (and remotely), thereby eliminating the potentially hazardous process of manually changing displays in inclement weather, as well as cost effectiveness for the business owner.

In its Memorandum to the Sign Code Board of Appeals, staff generally concurred that the ability to remotely change digital electronic gasoline price signs appeared consistent with certain stated purposes of the Sign Code, including: (1) public safety (letters blowing/falling off “reader board” signs, safer than manually changing sign prices); and (2) the reasonable communication of information necessary for the conduct of commerce. However, staff did not support the applicant’s request to allow electronic scrolling (or flashing and/or otherwise animated) gas product or price information.

Staff’s recommendation to the Sign Board was to allow changeable but static (non-flashing, non-scrolling and/or non-animated) electronic gasoline product and price signs, limited to 25 percent of the total sign area. The recommendation was based on the Sign Code’s general prohibition on flashing or moving signs, and certain provisions of the Sign Code purpose statement, including: (1) lessening confusion and visual clutter from improperly illuminated or animated signs; (2) curtailing sign messages to the minimum reasonably necessary to identify a business and nature of the business; and (3) regulating signs so as not to interfere with, obstruct vision of or distract motorists, bicyclists, or pedestrians.

Staff further recommended that changeable electronic gasoline price signs only be allowed on ground/surface-mounted signs. Staff believes this may provide an incentive for gasoline sales businesses to replace non-conforming pole signs in accordance with Section 5-1841.5(A), which prohibits new pole signs on and after March 22, 1995, and requires pole signs to be removed as properties undergo changes that require new or revised site plans.

Sign Code Board of Appeals Review and Recommendation:

At its September 5, 2013 meeting, the Sign Code Board of Appeals received a report with recommendations from staff and heard public comment. After discussion, the Board voted 4-1 to concur with staff’s recommendation that the Sign Code be amended, as follows:

5-1841.6(D). Gas and Fuel Sales Pricing. Digital display of gas and fuel product and numeric price information for Gas and Fuel Sales (as defined in Chapter 20 of the Code of the City of Lawrence, Kansas) may be incorporated into a ground/surface mounted sign, provided that the total area of the gas and fuel product name and numeric price information shall not exceed twenty-five (25) percent of the sign area. Such display shall be limited to the name of the gas and fuel product and numeric price information only, and shall not flash, scroll, or otherwise simulate movement.

Requested Action:

Staff requests that the City Commission adopt on first reading Ordinance No. 8915, which would amend Chapter V, Article 18, Section 5-1841.6 to allow changeable, digital display of gasoline and fuel product and numeric price information on ground/surface mounted (monument type) signs in Commercial or Industrial Districts, limited to not more than 25 percent of the total sign face area.