Memorandum

City of Lawrence

Planning & Development Services

TO:

Sign Code Board of Appeals

FROM:

Barry Walthall, Building Codes Administrator

Scott McCullough, Director, Planning and Development Services;

Kurt Schroeder, Assistant Director – Development Services

Date:

August 27, 2013

RE:

Request for sign code amendment

Attached is a letter from Nancy Holmes of Full Bright Sign & Lighting requesting consideration of a change to the sign code to allow the electronic display of gasoline prices. The City Commission received this request at their meeting on July 9, 2013 and referred the request to the Sign Code Board of Appeals for recommendations.

Code References

Section 5-1822 of the City of Lawrence code prohibits moving and flashing signs, with the exception of signs which impart general information unrelated to the commercial enterprise involved, such as time and temperature signs, or message center displays. Moving and flashing signs have previously been determined to include any electronic, digital or LED type signs.

Section 5-1841.5(B) of the City of Lawrence Code prohibits bulletin signs (including signs with changeable copy or reader boards) from being installed as ground signs or incorporated into ground signs in commercial or industrial districts. The exceptions are for the display of the sale price of gasoline, the display of the name of businesses or establishments in multi-establishment lots, the name of a movie on a sign located at a movie/cinema theater, or the name of an individual, group or entity on a sign located at a site zoned to allow public performances of music, entertainment or artistic events. Signs that electronically or mechanically display the actual time and temperature are also not prohibited.

Section 5-1801(C)(2) of the City of Lawrence Code requires that where a particular type of sign is proposed in a permit application and the type is neither expressly allowed nor prohibited the Building Safety manager shall approve, conditionally approve or disapprove the application, based on the most similar sign type that is expressly regulated by this Article.

Staff Analysis

Briefly summarized, the purpose of the sign code is to establish a comprehensive system for the regulation of signs that promotes desirable sign characteristics and curtails or precludes aspects that are less desirable to safeguard the health, safety and welfare of the citizens of the City of Lawrence. In her letter requesting the sign code change, Ms. Holmes cites the possible benefits of allowing LED or scrolling display of gasoline prices, which include 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.

There are two aspects to the request for consideration. The first is whether to allow the electronic digital display of gasoline prices and the second is whether to allow such digital displays to include scrolling and/or animated effects. Staff concurs that the code should be modified to allow non-scrolling and/or non-animated display of gasoline prices, but only when incorporated into the graphics of monument style ground/surface mounted signs. The display of gasoline prices is informational in nature. Allowing this technology may be consistent with Section 5-1801 of the City of Lawrence Code, which sets forth the purpose of the code and enumerates criteria by which the code is intended to enhance the health, safety and welfare of the citizens of the City of Lawrence; including allowing for the communication of information necessary for the conduct of commerce, enhancing the attractiveness and economic well-being of the City as a place to live, vacation and conduct business, and protecting the public from the dangers of unsafe signs.

Allowing digital display of gasoline prices to be incorporated into the graphics of a monument style sign also provides further incentive for replacement of 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 that pole signs be removed as properties undergo site changes that require new or revised site plans. The City of Lawrence Development Code includes landscaping and other provisions that encourage lower ground signs for commercial and industrial development; for example, approved landscaping plans include street trees with canopy heights above the maximum allowable height of monument signs that would obscure the view of taller non-conforming pole mounted signs.

Staff does not support a change to the sign code that would permit scrolling, flashing, and/or otherwise animated display of gasoline prices because such change may be in conflict with other provisions of the purpose statement, including: (1) the intent of the original prohibition against flashing signs and electronic changeable copy on ground signs; (2) that flashing or scrolling signs may create improper illumination or animation; (3) increase sign messages beyond the minimum reasonably necessary; or (4) that such signs may interfere with, obstruct vision of or distract motorists, bicyclists, or pedestrians. Section 5-1801 along with other referenced code sections is attached.

Recommendation

Staff recommends that the Sign Code Board of Appeals recommend that the City Commission amend the City of Lawrence Code to allow the static (non-flashing, non-scrolling and/or non-animated) digital display of gasoline and fuel sales pricing information as follows:

5-1841.6(D) Gas and Fuel Sales Pricing. Digital display of gas and fuel product and 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 product name and price information shall not exceed 25 percent of the sign area. Such display shall be limited to the name of the gas product and numeric price information only, and shall not flash, scroll, or otherwise simulate movement.

CODE REFERENCES

Sign Code References:

5-1801 PURPOSE.

(A) The purpose of this Article is to establish a comprehensive system for the regulation of signs, bulletin signs and other advertising devices in the City of Lawrence to:

(1) Enable the identification of places of residence and business.

(2) Allow for the communication of information necessary for the conduct of commerce.

(3) Lessen hazardous situations, confusion and visual clutter caused by the proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian, bicycle and vehicular traffic.

(4) Enhance the attractiveness and economic well-being of the City as a place to live, vacation and conduct business.

(5) Protect the public from the dangers of unsafe signs.

(6) Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.

(7) Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.

(8) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.

(9) Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.

(10) Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.

(11) Regulate signs in a manner so as not to interfere with, obstruct vision of or distract motorists, bicyclists, or pedestrians.

(12) Require signs to be constructed, installed, and maintained in a safe and satisfactory manner.

(13) Preserve and enhance the natural and scenic characteristics of this community.

All of the above are deemed to promote the general health, safety and welfare of the citizens of the City of Lawrence.

It is the intent of this Article to achieve these purposes by regulating signs, bulletin signs and other advertising devices in this City; permitting or, where appropriate, prohibiting those devices in zoning districts by establishing reasonable time, place and manner restrictions; to control location, size, number, elimination and construction where these devices are permitted; and by regulating works of art in the City that constitute signs.

In adopting this Article, the City intends to balance the needs for signs as a means of expressing persuasive messages and conveying functional information against the need to protect the visual environment from excessive or inappropriate signage. The City recognizes that signs are an important design element of the physical and visual environment. Regulations consistent with the goals and objectives of the City are necessary to ensure that the character and image for which the City is striving can be attained. It is the purpose of this Article to make Lawrence visually attractive to residents, visitors, and commercial, industrial and professional concerns while maintaining economic stability through effective sign regulation.

5-1801 PURPOSE.

The provisions and policies stated in this Section apply to all signs within the regulatory scope of this Article.

(2) Regulatory interpretations. All regulatory interpretations of this Article are to be exercised in light of the City’s message neutrality policy. Whenever any sign permit or other authorization is subject to a discretionary review, that review shall not consider the message content of the sign, other than whether any proposed commercial messages thereon are offsite or onsite. Where a particular type of sign is proposed in a permit application and the type is neither expressly allowed nor prohibited by this Article, then the Building Safety manager shall approve, conditionally approve or disapprove the application, based on the most similar sign type that is expressly regulated by this Article.

5-1802 DEFINITIONS.

Definitions of terms as used in this Article, unless the context otherwise requires, shall be as follows:

(M) Sign, Flashing. Any sign which incorporates in any manner apparent movement achieved by electrical pulsation or by other means such as sequential light phasing.

5-1822 MOVING AND FLASHING SIGNS PROHIBITED.

No moving signs shall be permitted in any district except for pennants used in connection with real estate "Open House" and maintained for less than forty-eight (48) hours. No flashing signs shall be permitted in any district except those signs which impart general information unrelated to the commercial enterprise involved, such as time and temperature signs, or message center displays.

5-1841.5 New pole signs prohibited in commercial and industrial districts; Repair/Replacement for existing signs.

(A) Signs in Commercial or Industrial Districts, General. From and after March 22, 1995, the installation of a ground sign/pole mounted shall not be permitted in a commercially or industrially zoned district, including districts zoned planned commercial and industrial. One (1) ground sign/surface mounted (monument sign) may be installed on a tract of property with a commercial or industrial zoning designation, including property zoned planned unit developments, pursuant to this Section. The ground sign/surface mounted shall be limited to a height of twelve (12) feet and shall not exceed sixty (60) square feet in surface area, provided that for each additional five (5) feet of setback from the right-of-way property line, the height may increase by two (2) feet, for a maximum height of sixteen (16) feet, and the surface area may increase by an additional six (6) feet, to a maximum not to exceed seventy-two (72) square feet of surface area.

(B) From and after March 14, 1995, no bulletin signs (including signs with changeable copy or reader boards, or both) shall be permitted to be installed in any commercial or industrial districts, including planned unit developments, provided that businesses dispensing gasoline for sale shall be permitted to display the sale price of gasoline on the ground sign/surface mounted. Provided, that signs electronically or mechanically displaying the actual time and temperature shall not be prohibited. Provided further, that the prohibition on bulletin signs shall not prohibit the display of the name of businesses or establishments on otherwise permitted signs in a multi-establishment lot or location from being altered or changed to reflect said businesses or establishments. Provided further, that the prohibition on bulletin signs shall not prohibit the display on a bulletin sign, and the changeable copy thereof, of: 1) the name of a movie on a sign located at a movie/cinema theater; or 2) the name of an individual, group or entity on a sign located at a site zoned to allow public performances of music, entertainment or artistic events.