News Releases

10/21/2022 - Ordinance No. 22-11135

ORDINANCE NUMBER 22-11135

 

AN ORDINANCE AMENDING SECTION 42-508 OF THE SALINA CODE PERTAINING TO THE REGULATION OF TEMPORARY SIGNS WITHIN THE CITY OF SALINA, KANSAS, AND REPEALING THE EXISTING SECTION.

 

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

 

Section 1.  Amendment.  Section 42-508 of the Salina Code is amended to read as follows:

 

Sec. 42-508.          Temporary signs, banner signs, and mobile signs.

  1. The following temporary signs shall be exempt from the zoning certificate (sign permit) requirements of section 42-502, and shall be allowed to display any commercial or noncommercial message on a property with the owner's consent in addition to any other signs allowed under this article and the applicable district regulations:
  1. Two (2) yard signs may be placed and displayed on an individual residential lot in any RS, R, R-1, R-2, R-2.5, R-3 or MH residential zoning district.
  2. Two (2) freestanding temporary signs of any type except feather flags, inflatable signs or banners may be placed and displayed on property located in any A-1, U, H-M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1, I-2 or I-3 zoning district and on property occupied by multi-family apartments, assisted living facilities and nursing homes.
  1. On property located in any A-1, U, H-M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1, I-2 or I-3 zoning district, or on property occupied by multi-family apartments, assisted living facilities and nursing homes, temporary signs allowed under subsection (a) shall not exceed six (6) feet in height or thirty-two (32) square feet of sign area.
  2. On property located in any RS, R, R-1, R-2, R-2.5, R-3 or MH residential zoning district, other than property occupied by multi-family apartments, assisted living facilities and nursing homes, temporary signs allowed under subsection (a) shall not exceed six (6) feet in height or eight (8) square feet of sign area.
  3. Notwithstanding any other provision in this article:
    1. An unlimited number of temporary signs may be placed and displayed on private property either by or with the permission of the owner or tenant of such private property in any zoning district for a period of up to forty-five days prior to an election involving candidates for a federal, state or local election that represent the district in which the private property is located or involving an issue on the ballot of an election within the district in which the private property is located.  In years during which a primary election is held, any signs authorized under this subsection with respect to the primary election may continue to be placed and displayed during the period between the primary election and immediately following the general election, except to the extent that displaying a sign is in violation of applicable electioneering laws.
    2. To comply with K.S.A. 25-2711 (even though the unpaved area of platted right-of-way for city streets is city property and not private property), an unlimited number of temporary signs may also be placed and displayed in the unpaved public right-of-way immediately abutting private property either by or with the permission of the owner or tenant of such private property during the same periods of time described in subsection (1) above. The area referred to as “the unpaved public right-of-way immediately abutting private property” shall include any unpaved public right-of-way physically separated from such private property by an intervening pedestrian sidewalk or hike-bike path but shall not include (i) any unpaved public right-of-way physically separated from such private property by an intervening public street, alleyway, drive, or other public use (other than a pedestrian sidewalk or hike-bike path), (ii) any median separating lanes of traffic in public roadways or (iii) any interstate interchange.
    3. Temporary signs placed and displayed pursuant to this subsection shall comply with the following requirements:
      1. Temporary signs must be removed within two (2) days following the election except in years during with a primary election is held, in which case the signs shall be removed within two (2) days following the general election.
      2. No temporary sign shall exceed six (6) feet in height or eight (8) square feet of sign area.
      3. In all areas on private or public property at any corner formed by intersecting public streets or public streets intersecting private driveways, all temporary signs shall comply with setback requirements contained in section 35-51, so as not to impede sight lines or sight distance for safety reasons.
  4. In addition to the temporary signs allowed under subsection (a):
    1. Feather flags may be placed and displayed on property located in any A-1, U, H-M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1, I-2 or I-3 zoning district and on property occupied by multi-family apartments, assisted living facilities or nursing homes. Two (2) feather flags for every fifty (50) feet of street frontage, not exceeding a total of six (6) flags per street frontage, may be displayed on a property for a period not exceeding thirty (30) consecutive days for up to six (6) events in a calendar year. Feather flags shall not exceed thirteen (13) feet in height, shall be set back from any adjoining street a distance equal to its height, shall be securely anchored to the ground, and must be removed by the owner if the flag becomes tattered, torn or damaged.
    2. One (1) inflatable sign may be placed and displayed on property located in any A-1, U, H-M, P, C-1, C-2, C-3, C-4, C-5, C-6, C-7, I-1, I-2 or I-3 zoning district and on property occupied by multi-family apartments, assisted living facilities or nursing homes. An inflatable sign may be displayed for a period not exceeding fourteen (14) consecutive days for up to four (4) events in a calendar year. An inflatable sign shall not exceed twenty (20) feet in height, shall be securely anchored to the ground, shall be set back from any adjoining street a distance equal to its height, and must be removed by the owner if the inflatable device becomes tattered, torn or damaged.
  5. Banners placed over an existing sign face, placed at least eight (8) feet above ground level on existing poles or other supports which serve another primary purpose or placed on an existing building, canopy, solid fence, or other structure located behind the front yard setback line shall be exempt from the zoning certificate (sign permit) requirements of section 42-502, but shall comply with all of the requirements of this article and the applicable district regulations.
  6. Mobile signs may be permitted upon issuance of a zoning certificate (sign permit) and when in compliance with all of the other requirements of this article, the applicable district regulations, and the following provisions:
    1. Only one (1) mobile sign shall be allowed on a zoning lot.
    2. Mobile signs shall not exceed thirty-two (32) square feet in area.
    3. Mobile signs shall not be placed within twenty-five (25) feet of an existing pole sign or ground sign, within fifty (50) feet of another mobile sign or within the clear vision triangle of any street or driveway.
    4. Mobile signs shall not be placed on the premises of an establishment which has an existing pole sign or ground sign located in the front yard.
    5. Mobile sign permits shall be valid for not more than thirty (30) days. Each establishment may be issued not more than four (4) permits during a calendar year for a combined total of sixty (60) days.
    6. Mobile signs shall be of rigid construction and anchored or weighted to prevent movement or overturning by wind.
    7. Electrical lines shall not lie on the ground where vehicular or pedestrian traffic is permitted. Use of aboveground extension cords is prohibited. All wiring shall comply with the electrical code of the city.
    8. Use of red, yellow, or green external lighting shall be prohibited. Any light shall be constant in intensity or color at all times.
  7. Except for temporary signs allowed pursuant to subsection (d), no sign authorized under this section 42-508 shall be placed or displayed within the public right-of-way.

 

Section 2.  Repealer.  Existing Salina Code Section 42-508 is repealed.

 

Section 3.  Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:

 

Ordinance No. 22-11135 Summary

 

On October 17, 2022 the City Commission passed Ordinance No. 22-11135. The Ordinance amends Section 42-508 (d) of the Salina Code pertaining to the regulation of temporary signs within the City of Salina, Kansas and repeals the existing section.  A complete copy of the ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W Ash Street, free of charge. This summary is certified by the City’s legal counsel.


Introduced:     October 17, 2022

Passed:            October 17, 2022

 

Trent W. Davis, M.D., Mayor

ATTEST:

JoVonna A. Rutherford, City Clerk