ORDINANCE NO. 9113

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER V, ARTICLE 18, SECTIONS 5-1802,      5-1841.6, AND 5-1845 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO SIGNS, AND REPEALING EXISTING SECTIONS 5-1802, 5-1841.6, AND 5-1845.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1. Section 5-1802 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

 

5-1802       DEFINITIONS.

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

 

(A)       Area Marker.  A sign that designates or identifies a subdivision or development.

 

(B)       Awnings.  Any structure made of cloth or metal with a metal frame attached to a building and projecting over public property when so erected to permit its being lowered to a position over public property and to permit its being raised to a position flat against building when not in use.

 

(C)       Canopy.  A roof-like structure of a permanent nature which projects over a public way.

 

(D)       Establishment.  A place of business which has a separate identity, separate entrances, and separate records and books of its business transactions.

 

(E)       Reserved.

 

(F)       Front Footage.  The lot frontage on which the sign is located.

 

(G)       Marquee.  A roof-like structure of a permanent nature which projects from the wall of a building and may overhang a public way.  Changeable lettering may be a part thereof.

 

(H)       Noncombustible Material.  Any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

 

(I)         Sign.  A sign includes billboard or other device which displays or includes any letter, work, model, banner, flag, pennant, insignia, propeller, balloon, device or representation used as, or which is in the nature of an advertisement or announcement or which directs attention to an object, product, place, activity, person, institution, organization or business; but the term shall not include display of official notice nor flag, pennant, emblem or insignia of any nation or group of nations or of any state or political unit.

 

(J)        Sign, Advertising.  A sign which directs the attention of the public to any goods, merchandise, property (real or personal), business, service, entertainment or amusement conducted, produced, bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.

 

(K)       Sign, Bulletin.  A sign or board erected by a church, school, community center, public agency or institution on its premises for announcement purposes.

 

(L)       Sign, Business.  A sign which directs attention to a business or professional conducted, or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.  A "for sale" or "for rent" or "for lease" sign relating to the property, the same, address, and occupation of the occupant shall also be deemed a business sign.

 

(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.

 

(N)       Sign, Ground/Pole Mounted.  A sign which is supported by one or more poles, uprights or braces in the ground having a minimum ground clearance of eight feet and which is not a part of a building.

 

(O)       Sign, Ground/Surface Mounted.  A sign which is mounted flush with the ground or is supported by one or more poles, uprights, or braces in the ground, rising not higher than four feet above the adjoining ground level, and which is not a part of a building.

 

(P)       Sign, Illuminated.  Any sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.

 

(Q)       Sign, Mobile.  Business signs used to advertise an establishment or service which are on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked.

 

(R)       Sign, Moving.  Any sign, or part of a sign, whether illuminated or unilluminated, that does not remain sta­tionary at all times regardless of power source which effects movement.

 

(S)       Sign, Political.  A sign which makes known the name of and information about a person running for an office or any other information concerning a political campaign or election issue of any nature.

 

(T)       Sign, Projecting.  A sign other than a wall or ground sign suspended from or supported by a building and projecting out there from.  Projection means the distance by which a sign extends over public property or beyond the building line.

 

(U)       Sign, Roof.  A sign erected upon or above a roof or parapet of a building which extends above the highest point of the building.

 

(V)       Sign, Structure.  The supports, uprights, bracing and framework for a sign or outdoor display.

 

(W)      Sign, Temporary.  A sign, banner, valance, advertising display or special flag used for commercial or political promotion and constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames intended to be displayed for a specified short period of time only.

 

(X)       Sign, Wall.  A sign painted, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall.

 

(Y)       Wall.  The exterior surface of a building or structure.  For purposes of this Article, other than size limitations, wall shall be determined to include mansard-type or sloped roof structures.

 

(Z)       Work of Art.  The term work of art shall apply to all mural paintings or decorations, inscriptions, mosaic, painted glass and other similar art forms of a permanent character intended for ornament or commemoration that are applied to, erected or placed upon the exterior walls of any building.  For the purpose of this Article, a work(s) of art, whether singular or in aggregate, shall be deemed to exist when its size exceeds sixteen (16) square feet or exceeds the maximum area for a wall sign allowed in the applicable zoning district whichever is larger.  For the purpose of this Article, a work of art which in any way relates to the business conducted therein shall be considered as a wall sign.

 

(AA)    Unified Development. One or more lots or parcels of real property that share a common plat, development plan, or site plan.

 

SECTION 2. Section 5-1841.6 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

 

5-1841.6

(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)       Same, Base Calculation.  The permanent base of the sign shall not contain lettering, logo or insignia, and shall be permanently attached to the sign.  The total base width must be at least sixty-five percent (65%) and no more than one hundred and twenty-five percent (125%) of the width of the sign.  The base width shall not exceed eight (8) feet for a sign on a lot of less than one (1) acre, provided that a sign on a lot of one acre or more shall have a maximum base width of twelve (12) feet.  The square footage surface area limitation established in subsection (A) shall not include the dimensions of the base.  For sign structures without a separation materials between the base and the sign, the requirements of this Section shall be determined by establishing the square footage covered by the perimeter of any lettering, logo, and insignia which shall be considered the signage square surface area.

 

(C)       Same, Multi-Establishments on Five Acres or More.  (1) A sign located on a lot of five (5) acres or more on a site with more than one (1) separate business or establishment, shall be allowed a maximum additional square footage of twenty (20) square feet in addition to that set forth in Subsection (A) for the sign depending upon the setback of the sign. (2) Provided, that as an alternative to the additional square footage set forth in (C) (1) an additional sign with an a maximum of forty (40) square feet surface area may be installed at a secondary entrance facing a different public street than the first sign provided the site is bounded by two (2) or more public streets, has five (5) acres or more, and has more than one (1) separate business on the site.  (Ord. 6635)

 

(C)       Same, Multi-Establishments.

 

            (1)        Same, Multi-Establishments on Five Acres or More.

 

a.         A sign, located on a lot of five acres or more on a site with more than one separate business or establishment, shall be allowed a maximum square footage of twenty (20) square feet, in addition to that set forth in subsection (A), for the sign, depending on the setback of the sign.

 

b.         As an alternative to the additional square footage set forth in Section 5-1841.6(C)(1)(a), an additional sign with a maximum of forty (40) square feet may be installed at a secondary entrance facing a different public street than the first sign, provided the site is bounded by two or more public streets, has five acres or more, and has more than one separate business or establishment on the site.      

 

(2)        Same, Multi-Establishments on Five Acres or More in a Unified Development.

 

a.         Where one or more lots or parcels of real property are part of a Unified Development, and that exceeds five acres in size, a ground sign/surface mounted (monument sign), in compliance with Sections 5-1841.6(A) and (B) that is located on real property within the Unified Development, may display advertising graphics promoting multiple businesses or establishments located within the Unified Development. A business or establishment advertising on a ground sign/surface mounted (monument sign) that is located on another lot or parcel within a Unified Development shall not be permitted to install a ground sign/surface mounted (monument sign) on the lot or parcel that it occupies. Nothing in this section shall be construed to authorize the construction or erection of a billboard or poster board  (as prohibited by Section 5-1845 of this Article) within the City.

 

(D)       Same, 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. (Ord. 8915)

 

SECTION 3. Section 5-1845 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

 

5-1845       NEW ADVERTISING SIGNS (BILLBOARDS) PROHIBITED; REGULATIONS FOR EXISTING SIGNS.

 

(A)       Upon Except as may be permitted by Section 5-1841.6(C)(2), on and after the effective date of this ordinance, an advertising sign as defined in Section 5-1802(J) of this Article, (billboards or poster boards) shall not be constructed or erected in the City of Lawrence, Kansas, at a site or location that is different from its site or location. on the effective date of this ordinance. A variance from the provisions of this Section shall not be granted by the Board of Sign Code Appeals.

 

(B)       All existing advertising signs, as defined in Section 5-1802(J) of this Article, shall comply to with the following standards:

 

(1)        The height of an outdoor advertising sign shall not exceed thirty-five (35) feet, and the maximum outside dimension shall not exceed three hundred (300) square feet.

 

(2)        Each such sign shall be mounted on a single ground pole and there shall be a minimum clearance of eight (8) feet between ground level and the bottom of the sign structure.

(3)        Each advertising sign must be in compliance with all Kansas and Federal laws and regulations governing and concerning such signs.

 

(4)        The ground area immediately around and upon which such advertising signs are located shall be landscaped in accordance with a sketch-plan to be approved by the Governing Body of the City of Lawrence, Kansas, and such landscaping shall be maintained and replaced as necessary to comply with such sketch-plan.

 

(5)        Where feasible, such advertising signs shall be serviced by underground electrical wiring.  (Ord. 5184; Ord. 6582)

 

SECTION 4. Existing Sections 5-1802, 5-1841.6. and 5-1845 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this ordinance supersede those sections.

 

SECTION 5. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

 

SECTION 6. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of _____, 2015.

 

 APPROVED:

 

 

 

___________________________________

Jeremy Farmer

Mayor

ATTEST:

 

 

 

__________________________________

Diane Bucia

Acting City Clerk

 

 

 

 

 

 

 

APPROVED AS TO FORM:    

 

 

 

__________________________________

Toni R. Wheeler

City Attorney

 

 

 

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NOTICE TO PUBLISHER

 

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.