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HomeMy Public PortalAboutOrd 599 Amend Ch 17 Art 9 of Municipal Code Signs on ROWs(First published in The Ark Valley News on August 18, 2016.) ORDINANCE NO: 599 AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 77, ARTICLE 9, OF THE MUNICIPAL CODE OF BEL AIRE, KANSAS, IN CONNECTION WITH THE LOCATION OF SIGNS ON PUBLIC RIGHTS-OF-WAY, PUBLIC EASEMENT, OR PLANNED LINIT DEVELOPMENT, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK COUNTY. KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. Chapter 17, Article 9, Subsection 4 is hereby amended as follows: 17.9.04 General Standards A. Routine Maintenance: All signs shall be of sound structural quality, be maintained in good repair, and have a clean and neat appearance. The land adjacent shall be kept free from weeds and trash. If signs are not being maintained as described, said sign may be ordered to be removed. B. Placement on Easement or Right-of-way: Except in conformance with K.S.A. 25-2711 (2015) regarding placement of political signs during an election period, and 17.9.05 of this Code, no private sign shall be placed on a public easement or public right-of-way. C. Illuminated Signs: Illuminated signs shall be internally, or indirectly-illuminated. Neon tubes, incandescent bulbs, fluorescent tubes, and other sources of direct illumination that would be exposed to the human eye shall not be permitted. D. Compliance with Building Code: All signs shall comply with the appropriate detailed provisions of the City Building Code relating to design, structural members and connections. Signs shall also comply with the provisions of the National Electrical Code and the additional construction standards hereinafter set forth in this section. E. Measurements of Signs: 1. In determining the copy area of a sign, the entire face of the sign, including the advertising surface and any framing, trim or molding, shall be included. Should the sign structure or supports become part of the sign due to the design of the structure or supports in relation to the sign, said structure or supports shall be included in the determination of copy area. 2. In the instance where a sign is composed of letters only, with no connection by the advertising structure between the letters, the copy area shall be determined by measuring the distance from the outside edges of the outside letters and from the top of the largest letter to the bottom of the lowest letter. Should one (1) letter be unequally large or small in comparison to the other letters composing the sign, the unequal letter shall be squared off, the remaining letters shall be measured from the outside edges, and the two (2) added for a total copy area determination. 3. Unless determined by the zoning district regulations, the allowable copy area of a sign shall be based on one (1) side of the sign. Double-faced copy area is allowed provided that both sides of the sign are parallel to one another and that the applicable zoning district regulations are not conflicting. SECTION 2. Chapter 17, Article 9, Subsection 5 is hereby amended as follows: f 7.9.05 Signs Permitted in All Districts The following signs shall be permitted in all districts and shall not require a sign permit, unless otherwise noted. The signs must be in conformance with all other regulations and ordinances of the City. A. Changeable Copy: Permits shall not be required for replacing or altering changeable copy on theater signs, billboards, or other similar signs. B. Sign Maintenance: Sign maintenance as defined in Section 17.9.13 of this Article. C. Garage Sale Signs: All garage sale signs shall be removed no later than one (1) day after the end of the garage sale. Garage sale signs include sample and yard sale signs. Such signs shall not exceed four (4) square feet per sign, with two (2) faces per sign permitted. D. Govemmental Signs and Public Notices. E. On-Site Development Signs: 1. The sign must be on the site of the development, and shall not exceed eight (8) feet in height or thirty-two (32) square feet in area per face. 2. The sign may have two (2) faces. A maximum of two (2) on-site development signs may be permitted for a development. F. Off-Site Development Signs: Two (2) such signs may be permitted, after approval by the City. Off-site development signs shall not be closer than one thousand (1,000) feet to another off-site development sign or closer than five hundred (500) feet to the property line of property zoned residential. Size and height for off-site development signs shall be the same as for on-site development signs. Off-site development signs shall not be approved for a period in excess of one (l) year, additional years may be applied for if necessary. A sign permit is required. G. Nameplate Sign: Such signs shall not exceed four (4) square feet in area. H. Political Sign: Political signs shall not exceed four (4) feet in height and eight (8) square feet per face with two (2) faces permitted. Political signs shall not be: 1. Placed, erected or maintained on or in public buildings and structures, including libraries, recreational centers, parking structures, city hall, or on or in public parks, lawns, vehicles, trees, shrubs, fences, walks, parking meters, traffic signs or fire hydrants. Page 116 2. Placed, erected or maintained on public property or public right-of-way except within the 47 day election period as defined within K.S.A. 25-27-2711; 3. Placed, erected or maintained so as to pose a visibility hazard to pedestrian or motor vehicle traffic along streets, sidewalks or at street corners. To comply with this regulation: i. No sign shall be located: 1. between the street and any sidewalk;2. in a manner that blocks access to a curb cut or ADA access point; 3. within four feet of a roadway, as measured from the curb. ii. No sign shall exceed thirty (30) inches in height as measured from the ground to the hnish height of said sign. No sign shall exceed three (3) feet in width as measured from the widest part of each side of said sign. The enforcing officer shall verify that any such sign complies with all provisions of this Code. In areas without curbs, the enforcement officer may measure from the low edge of the road. iii. In areas with identified specifrc traffic safety concems the City Engineer may determine that traff,rc safety requires site specific sign regulations which shall be posted upon the City's website. 4. Lighted. 5. Placed, erected or maintained earlier than the election period: forty-five (45) days before and two (2) days after any election scheduled by the Sedgwick County Election Commissioner, 6. In the event such signs are not removed, the city is authorized to remove said signs and to charge the candidate or campaign on whose behalf the signs were erected using the procedure set forth in Section 17.9.03 - Administration of this Anicle. I. Real Estate Sign: 1. Single-Family and Two-Family Districts: Such signs shall not exceed four (4) square feet per face, with two (2) faces per sign permitted. The maximum height of the sign shall not exceed four (4) feet. A maximum of one (1) sign per lot shall be permitted. 2. Multi-family, Commercial and Industrial Districts: Such signs shall not exceed sixteen (16) square feet in area per face with two (2) faces permitted. The sign shall not exceed height (8) feet in height. A maximum of two (2) signs shall be permitted for each project. In addition, one (1) real estate sign, not exceeding four(4) square feet per face, with a maximum of two (2) faces permitted, and a maximum height of six (6) feet shall be permitted. A sign annual application and permit is required. 3. Undeveloped Land for Sale Signs: In lieu of the signs permitted in paragraphs 1 and2 above, undeveloped and unplatted land overten (10) acres in size shall be Page 216 permitted two (2) "For Sale" signs not to exceed thirty-two (32) square feet in area per face, with two (2) faces permitted. The signs shall not exceed eight (8) feet in height. A sign annual application and permit is required. J. Directional Sign: Such sign shall not exceed four (4) square feet per face with two (2) faces permitted. The sign shall not exceed four (4) feet in height if freestanding. K. Civic Organization Signs: After approval by the Planning Commission a non- illuminated sign displaying the logos of civic organizations operating in the city may be permitted on major arterials, highways or expressways at the city limits. The signs shall not exceed sixteen (16) square feet per face, with one (1) face permitted. The maximum height shall not exceed eight (8) feet. L. Address Numbers: All primary structures shall have an address number visible from the adjacent street. Address numbers shall not exceed two (2) square feet in total area. M. Community Information Signs: 1. A signage plan that includes directional signs, governmental signs, identification signs, subdivision entry markers, monument signs, etc. The Community Information Signs shall be harmonious in color, sizing and location. The purpose of such signs will be to facilitate the movement of vehicular and pedestrian traffic within a development. The number of signs shall be kept to the minimum necessary to accomplish this purpose. 2. Each sign shall not exceed ten (10) square feet per face with two (2) faces permitted. The sign shall not exceed four (4) feet in height. The minimum setback from any property line shall be four (4) foot. The design of the sign may incorporate a base of materials consistent with the overall signage plan. The sign base area shall not exceed the actual face area by more than ten (10) percent. 3. No advertising or promotional information is permitted on a Community Information Sign; however, a logo may be permitted. Such sign may be non- illuminated, indirectly illuminated, or internally illuminated. 4. Such sign shall be maintained by the sign owner according to the provisions of this sign code. 5. A sign application and permit is required. 6. A sign plan must be approved by the ZoningAdministrator. SECTION 3. Chapter 17, Article 9, Subsection l0 is hereby amended as follows: 17.9.10 Signs Permitted in Planned Unit Developments Signage in association with a planned unit developments (PUD) shall be determined aspart of the PUD plan, as approved in writing by the Building Inspector and Zoning Administrator. Page 316 SECTION 4. Chapter 17, Article 9, Subsection 13 is hereby amended as follows: 17.9.13 Sign Maintenance Requirements Any sign or advertising structure erected or installed under the provisions of this section shall be maintained in a safe, functional and sound structural condition at all times. General maintenance of said sign shall include the replacement of nonfunctional, broken,or defective parts, painting, cleaning and upkeep of the premises immediately surrounding the sign or advertising structure, and any other action required for the maintenance of said sign or advertising structure. All signs and supporting structures shall be kept painted or treated in some manner to prevent rust, decay or deterioration. Should any sign, which is placed in a public easement, be damaged due to maintenance of utilities in that easement, or maintenance of the easement or the public right of way itself, by the city or others, the cost for repairs or replacement of said sign shall be borne by the sign owner. SECTION 5. Chapter 17, Article 9, Subsection 17 is hereby amended as follows: 17.9.17 Removal of signs. A. The enforcement officer shall remove or cause to be removed any abandoned, dangerous, defective, illegal or prohibited sign subject to removal under the provisions of this article which has not been removed within the time period specified in tiis article, or any other sign maintained in violation of the provisions of this article. B. Prior to removing permanent signs requiring substantial modification of property, the enforcement officer shall prepare a notice of violation which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within thirly days, the sign shall be removed. The notice shall be mailed or given to the owner of the sign, or the occupant of the property upon which the sign is located or their employee or representative, or to the owner of the property on which the sign is located as shown on the records of the register of deeds. C. Notwithstanding any other provision of this article, in cases of emergency, the enforcement officer may cause the immediate removal of a dangerous or defective sign without notice. D. Any temporary sign placed on private property in violation of any provision ofthis article may be immediately removed and impounded by the enforclment officer. Removal or impoundment of a sign by a person other than the City's enforcement officer is not hereby authorized. A notice of violation shall be served upon the owner or agent of such sign when known, or upon the owner or occupant of the property where the sign was located. Such sign shall be retained by the enforcement officer for a period of thirty days,after which it may be disposed of in any manner deemed appropriate by the City. Suchsign may be recovered by the owner within thirty days upon payment of a service charge of fifteen dollars per sign. Page 416 E. During an election period, signage placed outside the permitted sign placement areas as described herein, of either roadway right of ways or easements, may be removed and disposed of without notice to the owner. During an election period, Public Works employees may, but are not required to, remove and replace or relocate signs funher back in the right of way to perform maintenance work within the right of way aiea. F. Any property owner or lessee may be subject to either criminal or administrative enforcement of this article in conformance with the enforcement provisions of the City,s Nuisance Code. SECTION 6. The provisions of any Ordinance in conflict with this amendment are hereby repealed. SECTION 7. This Ordinance shall take effect and be in force from and after publication of its summary in the Ark Valley News, an official city newspaper. Passed by the City Council this 16th day of August, 2016. Approved by the Mayor this 16th day of August, 2016. ATTEST: SEAL MAYOR David Austin Page 516