Pc Agenda Packet 090517

AGENDA PLANNING COMMISSION Tuesday, Sepember 5, 2017 – 5:00 p.m.

City Council Chambers 125 East Avenue B, Hutchinson, Kansas 1. ROLL CALL Macklin Hamilton Carr

Woleslagel Peirce Hornbeck (Vice Chair)

Bisbee (Chair) Roberts-Ropp Peterson

2. APPROVAL OF MINUTES – Meeting of August 15, 2017.

3. CORRESPONDENCE & STAFF REPORTS – Motion to accept documents into the official record.

4. STUDY SESSION a. ZA17-000004, Zoning Amendment: Sign Code Revisions Staff Representative: Jana McCarron, Planning & Development Director Action:

Motion to direct staff to prepare a final sign code for public hearing based upon the comments and recommendations provided.

5. NEW BUSINESS - None 6. UPCOMING CASES a.

None

7. ADMINISTRATIVE CASES a.

None

8. COUNCIL ACTION ON CASES a. ZA17-000008, Rezone for Wesley Towers, 910 Coronado Dr b. ZA17-000009, Rezone for Disability Supports, 1125 N Main St 9. OPEN COMMENTS FROM THE AUDIENCE (Please limit comments to five minutes.)

10. ANNOUNCEMENTS a. SAVE THE DATE!!! Annual Kansas Planning Conference, October 19-20, 2017 – Salina KS b. Use Table Project update 11. ADJOURNMENT

Staff Contacts:

Jana McCarron Amy Allison Charlene Mosier

620-694-2681 620-694-2638 620-259-4133

Casey Jones Aaron Barlow Jade Shain

620-694-2667 620-259-4198 620-259-4134

Item 2.

PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 15, 2017 MEETING LOCATION: CITY COUNCIL CHAMBERS 125 EAST AVENUE B 1. ROLL CALL The Planning Commission meeting was called to order at 5:00 p.m. with the following members present: Tom Hornbeck (10/11), Janet Hamilton (8/11), Mark Woleslagel (8/11), (Valery Roberts-Ropp (4/4), Harley Macklin (10/11), Darryl Peterson (9/11), and Terry Bisbee (9/11). The following members were absent: Ken Peirce (8/11) and Todd Carr (9/11). Staff present were: Jana McCarron, Director of Planning & Development; Casey Jones, Senior Planner; Aaron Barlow, Associate Planner; and Jade Shain, Planning Technician.

2. APPROVAL OF MINUTES The minutes of the August 1, 2017 meeting were approved on a motion by Hamilton, seconded by Hornbeck, passed unanimously.

3. CORRESPONDENCE & STAFF REPORTS The documents and staff reports were accepted into the official record on a motion by Macklin, seconded by Hornbeck, passed unanimously.

4. PUBLIC HEARINGS a. ZA17-000009 Request to rezone the property at 1125 N. Main St. from C-1 Office Commercial District to C-2 Neighborhood Commercial District.

Bisbee asked the Commissioners whether there were conflicts of interest in the case; there were none. He next asked whether any Commissioners had any outside contact with the applicant; there were none.

Bisbee then asked Planning Staff for their presentation.

Aaron Barlow, Associate Planner, presented the staff report. The applicant, Rick Staab of Clayworks/Disability Supports of the Great Plains, is requesting a rezone of the property at 1125 N. Main St. which is currently zoned C-1 Office Commercial District. The property was formerly a medical office center. The proposed use is a commercial space for artists to create their art and sell their products in an artisan shop; the latter use is not a permitted use in C-1 Office Commercial District. A change in zoning from C-1 to C-2 would allow for a portion of the building to be used for an artisan shop. Barlow said that the change in zoning designation from C-1 to C-2 is very minor and would not negatively impact the surrounding neighborhood. He concluded that the factors required for approval of a zoning request have been met, which are detailed below.

PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 15, 2017

Factor

Analysis

1. Character of the neighborhood

2. Current zoning and uses of nearby property

Finding

The subject property is located on a section of North Main Street with a mixture of medium-intensity commercial uses.

Location Zoning Use Subject Property

C-1

Vacant (former medical office)

North

C-2

Apartments

South

C-1

Residence

East

C-1

Hutchinson Clinic

West

R-4

Residence

 Met

 Met

3. Suitability of the property for its current zoning and use

The property is currently zoned C-1 Office Commercial District. The proposed office and art gallery uses are suitable for the current zoning district. However, the proposed artisan shop use is not permitted in the C-1 zone according to the Hutchinson Zoning Regulations.

Designating the property as C-2 Neighborhood Commercial District will allow for the retail use along with the related office and art gallery uses.

 Met

4. Extent of detrimental effects to nearby properties if the application were approved

The zoning amendment will not have a detrimental impact on neighboring properties. The property is located on a commercial corridor (Main Street) with a mix of commercial districts. Properties to the north are already zoned C-2 and a rezone of this property will not create any more of an impact than what already exists.

 Met

5. Length of time the property has remained vacant

The property has been vacant for at least four years since the previous medical office use ceased.

 Met

6. Relative gain to the public health, safety and welfare compared to the hardship imposed upon

Health, safety, and welfare: The zoning change will not have a significant impact on the public’s health, safety, and welfare.

Landowner hardship: The owner would be unable to include the studio/craftsman portion of the proposed

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 Met

PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 15, 2017

the landowner if the application were denied

Clayworks studio. The applicant would have to find a separate location for the proposed use or find a new location for all the proposed uses.

7. Conformance of this request to the Comprehensive Plan

According to the 2017-2037 Comprehensive Plan, the property’s land use designation is Commercial. The proposed change in zoning to C-2 Neighborhood Commercial District is in conformance with the Comprehensive Plan.

Streets

8. Impact on public facilities and utilities

A change from C-1 to C-2 will have little to no impact on current street infrastructure Alleys This change in zoning will not significantly impact use of the alley.

Sidewalks A slight but insignificant increase in pedestrian traffic may occur because of this change in zoning.

Water The proposed artisan shop use will not have any more of an impact on water infrastructure than the previous medical office use.

Sewer The proposed use will not have any more of an impact on sewer infrastructure than the previous medical office use.

Drainage The applicant has not proposed any major drainage infrastructure changes with the proposed use.

 Met

 Met

Bisbee asked the Commissioners if they had any questions or comments for Staff; there were none. Bisbee asked the applicant if he would like to present anything to the commissioners.

Rick Staab, Clayworks/Disability Supports of the Great Plains, gave his presentation.

The presentation covered the non-profit’s history, their current customers which are in every state of the country in addition to ten foreign countries, the vision and goals for the community in Hutchinson, the non-profit’s enthusiasm to expand services, create beautiful art, and connect with community partners, such as schools, in the new space.

Staab expressed his excitement about expansion into this new space, and emphasized the partnerships that Disability Supports of the Great Plains has built in McPherson and Hutchinson.

The building at 1125 N. Main St. is approximately 18,500 square feet on the main floor and is currently undergoing significant renovation. Unnecessary walls will be removed, and the heating and cooling system will be upgraded, possibly to geothermal. Some 6,000 to 8,000 square feet will be dedicated space for the artisan shop. There will be no administrative offices at this location

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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 15, 2017

since that is already established at their other location at 2520 N. Waldron St. The building at 1125 N. Main will also have a gallery.

Bisbee asked the Commissioners whether any of them had any questions or comments for the applicant.

Macklin asked whether there would be any changes at the Waldron building. Staab replied that nothing would change at that building. What will occur at 1125, he continued, would be a true expansion of programs with entirely new clients. He added that Disability Supports of the Great Plains has outgrown the space they have currently for their programs.

Woleslagel was interested in the integration of the programs with the school system, and asked how it would work. Staab replied that the partnership is still in its early beginnings, but that the partnership Disability Supports of the Great Plains has developed with the McPherson school system has been excellent. He added that it allows people with developmental or mental disabilities a great place to continue doing what they love doing: creating art. This allows them to have a space to create art between school semesters, and they are able to receive some income through sales of their work.

Bisbee asked when this building would be open; Staab said he would like to open it today, but there is a lot of renovation that still needs to be done. So far there are engineers and maintenance personnel that are making improvements to the property. Sprinklers have been fixed, trees have been trimmed, and weeds from the large parking lot have been sprayed.

Macklin asked whether Clayworks was self-supporting; Staab said that it was 100% self-supporting through the grants they receive.

Bisbee asked if anyone from the audience had any comments; there were no comments.

Bisbee asked for Staff’s recommendation. Barlow replied that staff recommends approval of the rezoning request.

Bisbee asked for a motion.

Motion by Macklin, seconded by Hornbeck, to recommend approval to the City Council of the request #ZA17-000009 to rezone the property located at 1125 North Main Street from C-1 Office Commercial District to C-2 Neighborhood Commercial District, based upon a finding that the factors required for approval are met. The motion passed with the following YES vote: Macklin, Hamilton, Woleslagel, Hornbeck, Roberts-Ropp, Peterson, and Bisbee.

5. NEW BUSINESS a. None

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PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, AUGUST 15, 2017

There was no new business to discuss.

6.

UPCOMING CASES McCarron discussed the upcoming Study Session on Revisions to the City of Hutchinson Sign Code, to occur on September 5, 2017. She said the sign code has been simplified, significantly reducing the number of pages. Sign companies and the Young Professionals group have all received the draft revisions, and Planning Staff is waiting for their comments.

7. ADMINISTRATIVE CASES McCarron discussed SIT17-000009, Red Barn Reflections LCC, Arboretum Accessory Building, 2801 Dillon Avenue. She said that the project was approved by engineering and a building permit has been issued. Jones added more detail about what engineering approved. He said that engineering specified exactly how thick the pavement on Dillon Ave needed to be, and how thick the millings needed to be on the private property.

8. COUNCIL ACTION ON CASES McCarron said that this morning the City Council approved the conditional use permit for a 300square foot billboard sign at 1330 E. 17th Ave for Ideatek Media.

9. OPEN COMMENTS FROM THE AUDIENCE There were no comments from the audience.

10. ADJOURNMENT – The meeting adjourned at 5:35 p.m.

Respectfully Submitted, Jade D. Shain, Planning Technician Approved this

day of

, 2017

Attest:

5

Item 4a.

Planning Commission Staff Report DATE:

August 29, 2017

TO:

Hutchinson Planning Commission

FROM:

Jana McCarron, AICP Director of Planning & Development

SUBJECT:

STUDY SESSION: ZA17-000004 Proposed Zoning Ordinance Amendments: Sign Code

Public Hearing: October 3, 2017 (tentative)

FOR MEETING: September 5, 2017 REQUEST:

Request for Planning Commission study session to review a proposed new Sign Code (Exhibit 1).

COMPREHENSIVE PLAN CONFORMANCE: Section 2.3 (Livability: Sense of Place) of the 2017-2037 Comprehensive Plan contains a short discussion about signage and its relationship to a community’s attractiveness and sense of identity.

Unique communities maintain their uniqueness through development of and adherence to design standards. Communities like Taos, New Mexico; Soledad, California and Overland Park, Kansas have unique identities and standards for parking, construction, landscaping and signage that ensure new business are compatible with existing ones. The 2011 Zoning Regulations included compatibility statements, landscaping standards and maximum parking requirements. While these go a long way toward addressing new construction, existing corridors and development are difficult to change. Newer standards need to be developed that address both existing and new development. Similar standards can be used for overhead powerlines, abandoned signs, and outdated street lights and traffic signals.

Staff Recommendation: Staff recommends the Planning Commission provide direction on the items noted in Exhibit 2. A revised ordinance will be provided for the public hearing based upon the direction provided.

Motion: Recommend staff prepare a revised ordinance for review based upon the recommendations provided by staff and any changes made thereto.

BACKGROUND:

In February 2011, the City of Hutchinson adopted new Zoning Regulations, including a new sign code (Section 27-801, et. seq.). The new code has proven difficult to administer due to its length, the way it categorizes signs and the number of exceptions to the code which are listed as footnotes and the end of 1 of 3

ZA17-000004 | Staff report for September 5, 2017 Planning Commission meeting

several pages of regulations. In addition, the City has issued numerous sign variances since adoption of the code. This is an indicator that the code may not fully meet the needs of the community. Finally, in 2015, the U.S. Supreme Court ruling in Reed v. Town of Gilbert made it critical for cities to examine their sign codes and make them as content-neutral as possible.

ANALYSIS:

Staff has been working for several months on preparation of a new sign code in order to meet the following objectives:  Simplify the code (the number of pages has been reduced by half)  Consolidate sign types (freestanding signs include ground monument signs, pole signs and those signs with two or more supports)  Base maximum sign height and size upon the adjacent roadway type (and therefore the speed of vehicular traffic, rather than the zoning district)  Make provisions for abandoned and dilapidated signs  Restrict new off-premises signs to industrial zoning districts  Remove sign permit requirement for temporary signs  Increase the maximum size of temporary signs and home occupation signs  Make the code as content-neutral as possible On August 21, 2017 an advance copy of the ordinance was provided to the Commission in order to allow a minimum of 14 days for review prior to the Study Session. This report provides the analysis and response to comments that was not sent with the initial report.

DEVELOPMENT REVIEW COMMITTEE: A DRC Meeting was held on August 22, 2017. No comments were provided.

IMPACTED PARTIES: The attached draft has been provided to all area sign companies who pulled two or more sign permits during 2016, including Ideatek and Luminous Neon. In addition, the draft code was distributed to the Young Professionals group. Exhibit 2 provides a full listing of comments, a discussion section and staff’s recommendation.

FEE REVISIONS: One item that was not discussed with the impacted parties was the potential to revise the sign code fee schedule. The current schedule has many different classifications and is difficult to use. In addition, all signs of a particular type pay the same fee, regardless of size. Staff has performed a survey of comparison cities (see Exhibit 3) to determine if our fees are comparable and recommends the following changes: • •

$50 plus $1.00 per square foot (freestanding, billboards and center ID signs) $50 all other signs

It should be noted that the proposed regulations eliminate the permit and fee requirements for temporary signs. The Master Fee Schedule will need to be amended, if the Planning Commission approves this change. Sign fees have not been changed for a number of years.

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ZA17-000004 | Staff report for September 5, 2017 Planning Commission meeting

HOME OCCUPATION LANGUAGE AMENDMENT: The proposed regulations include a small increase in the maximum size allowed for Home Occupation signs, from 5 square feet to 6 square feet. The Home Occupation section of the Zoning Regulations will need to be amended to reflect this change, if approvable by the Commission.

ABANDONED AND DILAPIDATED SIGNS: The new regulations propose a more proactive approach toward addressing abandoned and dilapidated signs. Abandoned signs are those that no longer advertise the business on the premises, like “McGraws” on E 4th Avenue. Dilapidated signs are those that are defective, unsafe or otherwise in disrepair. The regulations propose granting an initial grace period of one year from the time of adoption for property owners to repair or remove their signs (if dilapidated) and replace the sign panel with a blank panel (if abandoned). Following the grace period, staff would actively pursue enforcement for these signs. Staff has performed an initial assessment of signs located along the E 4th Avenue corridor and determined there are 61 signs that either abandoned or dilapidated (some are both). See Exhibit 4. Strategy S.2.3.a.3. of the Strategic Plan calls for: “Develop and implement a cohesive streetscape plan for major corridors and work with businesses for façade and landscaping improvements and placemaking.” Addressing these signs would represent an important first step in improving the appearance of this and other corridors in the City.

NEXT STEPS:

Staff will work on making revisions to the draft code, as directed by the Commission. A public hearing is tentatively scheduled for October 3, 2017.

EXHIBITS:

1 – Draft Sign Code 2 – Comments from Sign Companies & Other Interested Parties, and Staff Recommendations A. Survey of Sign Regulations – Comparison Cities B. Billboard Sign Inventory C. APA Policy Guide: Off-Premise Signs D. Ideatek comments on draft sign code 3 – Sign Fee Comparison 4 – Abandoned and Dilapidated Signs – E Fourth Avenue

3 of 3

EXHIBIT 1

Draft 9 – August 7, 2017

Article VIII. Sign Regulations Sec. 27-801 Signs.

A. Short Title.

This article shall be referred to as the “Sign Code” for the City of Hutchinson, Kansas.

B. Purpose.

These regulations are intended to balance the need to protect the public health, safety, welfare and aesthetics of the community with the need for adequate identification, communication, economic development and advertising. These sign regulations have the following specific objectives: 1. To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; 2. To allow for and promote positive conditions for sign communication; 3. To reflect and support the desired ambiance and development patterns of the various zoning districts, overlay zones and adopted plans of the City; 4. To promote an attractive, urban environment; and 5. To allow for adequate and effective signs whose dimensions further the interest of public safety and the needs of the motorist in locations where signs are viewed from the street or roadway.

C. Applicability.

The requirements of this Code apply to all signs, sign structures, awnings and other types of sign devices located within the jurisdiction of the City of Hutchinson that are visible from a roadway or other public location and which are clearly intended to attract the attention of the public.

Sec. 27-802 Definitions.

A-frame sign shall mean a temporary, freestanding sign constructed in such a manner that the faces of the sign form an “A” shape when viewed from the side.

Abandoned sign shall mean a sign that no longer identifies or advertises an ongoing business, product, location, service, idea or activity conducted on the premises where the sign is located.

Air-filled moving sign shall mean a temporary sign comprised of canvas-like, plastic or similar material that is moved by forced air.

Alteration, structural shall mean a change in the size or shape of an existing sign. Replacing a sign cabinet, altering or replacing sign supports and altering the cabinet frame are alterations.

Refacing, changing copy or changing color of an existing sign is not an alteration. Changing or replacing a sign face or sign panel is not an alteration.

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Architectural projection shall mean a projection from a building that is decorative and/or functional and not an occupiable part of the building, and that extends beyond the face of an exterior wall of a building. See also: Awning, Canopy and Marquee.

Awning shall mean an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering made of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Awning sign shall mean a sign displayed on or attached flat against the surface(s) of an awning.

Banner sign shall mean a temporary sign using a flexible substrate as its display surface. Banner signs mounted in a permanent frame are permanent signs.

Bench sign shall mean a sign applied or affixed to the seat or back of a bench and intended to be read by occupants of a bench and pedestrians in the immediate vicinity of a bench.

Billboard shall mean an off-premises sign displaying messages pertaining to the use of products sold or leased, services provided, or events which do not occur on the property where the sign is located, and which is not an abandoned sign.

Building face shall mean the portion of any exterior elevation of a building extending vertically from the ground grade to the top of a parapet wall or eaves and horizontally across the entire width of the building elevation.

Canopy, attached shall mean a multi-sided overhead structure or architectural projection supported by attachment to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points.

Canopy, freestanding shall mean a multi-sided overhead structure supported by columns but not enclosed or supported by walls.

Canopy sign shall mean a sign affixed to the visible surface(s) of an attached or freestanding canopy.

Center identification sign shall mean a sign that contains advertising for three or more tenants located on the same lot or on adjacent lots. Two-tenant signs or signs advertising multiple functions of the same or related companies are not center identification signs for the purposes of this article.

Channel letter sign shall mean a sign comprised of individual letters or numbers, lit or unlit, which make up the name of an establishment, services offered or other information of interest to the public.

Cladding shall mean a non-structural covering designed to conceal the actual structural supports of a sign.

Conforming sign shall mean a sign that is legally installed in conformance with this article.

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Dilapidated sign shall mean a sign that is unmaintained; has missing pieces, inserts or cabinets; has broken pieces or parts; poses a hazard or is otherwise in poor condition.

Directional sign shall mean a sign that is designed and erected solely to provide direction and/or orientation for pedestrians and/or vehicles.

Double-faced sign shall mean a sign with two faces that are placed back to back.

Electric sign shall mean a sign activated or illuminated by means of electrical energy.

Electronic message center (EMC) or sign shall mean an electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location, also known as an EMC. EMCs typically use light emitting diodes (LEDs) as a lighting source.

Exterior sign shall mean a sign placed outside of a building.

Fence sign shall mean a sign mounted upon a fence.

Flag shall mean a piece of cloth or similar flexible material which is typically oblong or square and which is attachable by one edge to a pole or rope.

Flashing sign shall mean an electrically activated sign that uses intermittent light to attract attention. Signs containing lights that spin, flicker or turn alternately off and on are flashing signs.

Freestanding sign shall mean a sign principally supported by one or more columns, poles, braces or pedestals placed in or upon the ground.

Frontage, lot shall mean the full length of that part of a property which abuts a public street.

Home occupation see Sec. 27-901.

Home occupation sign shall mean a sign on a residential lot advertising the approved home occupation conducted on the premises.

Illegal sign shall mean a sign that does not meet the requirements of these regulations and which does not have nonconforming status.

Illuminated sign shall mean a sign characterized by use of artificial light, either projecting through its surface or reflecting on its surface.

Interior sign shall mean any sign located within the interior of a building.

Listed sign shall mean a sign manufactured and labeled in accordance with specifications promulgated by a recognized testing laboratory and designed to assure compliance with applicable standards.

Marquee sign shall mean a roof-like projection typically located at the entrance to a theatre or hotel which contains sign copy.

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Moving sign shall mean any sign that employs motion and which is activated either electrically, mechanically or environmentally.

Multiple-faced sign shall mean a sign containing more than two faces.

Mural shall mean a painting or other work of art generally applied to the entire face of a building that does not contain an advertising message. Murals with advertising messages are wall signs.

Nonconforming sign shall mean a sign that was legally installed in conformance with the regulations in effect at the time of installation, but which does not comply with current sign regulations.

Off-premises sign shall mean a sign displaying messages pertaining to the use of products sold or leased, services provided, or events which occur on a property different from that where the sign is located.

On-premises sign shall mean a sign displaying messages pertaining to the use of products sold or leased, services provided, or events which occur on the property where the sign is located.

Parapet shall mean the extension of a building face above the line of the structural roof.

Political sign shall mean a temporary sign intended to advance a political statement, cause or candidate for office.

Portable sign shall mean a temporary sign not permanently attached to the ground which can be readily removed and relocated.

Projecting sign shall mean a sign that is attached to a building face and which projects from the face at a perpendicular angle.

Revolving sign shall mean a sign that has the capability to revolve or spin about an axis.

Roof integral sign shall mean a sign incorporated into, but not projecting above, the roof of a building. A roof integral sign is a wall sign.

Roof sign shall mean a sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building.

Searchlight shall mean an apparatus used to attract attention to a property using a powerful beam of light or lights aimed skyward, usually constructed to be swiveled about.

Sign shall mean a device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.

Sign area shall mean the area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. See Sec. 27-805 for examples of how to calculate the sign area.

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Sign contractor shall mean a person or organization with a current and active license to install signs by the City of Hutchinson.

Sign copy shall mean the physical sign message including any words, letters, numbers, pictures and symbols, exclusive of a street address.

Sign embellishment shall mean a decorative detail or feature of a sign that is not part of the sign copy and is not a necessary part of the sign structure.

Sign face shall mean the surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, embellishments, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.

Sign height shall mean the distance from the lowest point of the adjacent ground to the highest point of the sign or sign structure.

Sign structure shall mean a support feature, including a pole, pedestal or cabinet, that is designed to hold a sign.

Site shall mean the location where the sign is to be placed.

Temporary sign shall mean a sign intended to display messages of a transitory or temporary nature (either commercial or noncommercial). Portable signs and signs not permanently embedded in the ground, or affixed to a building or sign structure that is permanently embedded in the ground, are temporary signs.

V sign shall mean a wall sign containing two faces of equal size, positioned at an interior angle subtending less than 145 degrees at the point of juncture of the individual faces.

Wall sign shall mean a sign that is in any manner affixed to any exterior wall of a building or structure, which is oriented on a parallel plane to the building face, and that projects not more than eighteen inches from the building or structure wall at the farthest point. This also includes signs affixed to architectural projections of a building provided the sign area of such signs remains on a parallel plane to the face of the building face or to the face(s) of the architectural projection to which it is affixed.

Wayfinding sign shall mean a sign located in the public right-of-way and owned by the City, County, State or other public entity, specifically designed to provide directional or destination information pertaining to community attractions.

Window sign shall mean a sign affixed to the interior surface of a window with its message intended to be visible to the exterior environment.

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Sec. 27-803 Exemptions.

The following are exempt from the provisions of this article, but may be subject to other regulations of the City of Hutchinson.

A. B. C. D. E. F. G. H. I. J. K.

Signs not visible from a roadway.

Window signs.

Signs required by federal, state or local law.

Flags representing governmental entities.

Murals.

Name and address signs, provided said signs do not exceed 2 square feet in area.

Signs erected by government agencies or utilities, including traffic, utility, safety, railroad signs and wayfinding signs.

On premises security and warning signs, such as “no trespassing”, “no hunting” and “no soliciting” signs.

Public art approved by the Hutchinson Public Art Design Council.

Crosses and other religious symbols, provided they do not exceed the height regulations of the underlying zoning district.

Bench signs and bus shelter signs with sign copy too small to be read by motorists and intended to be viewed by passengers and pedestrians.

Sec. 27-804 Prohibitions.

The following signs are prohibited: A.

B. C.

D. E. F. G. H. I.

Signs containing strobe lights, flashing parts, beacons, spotlights, reflective surfaces, mirrors and other such features that could be hazardous to the vision of passing motorists.

Dilapidated signs, as defined by this article.

Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by these regulations. This section does not prohibit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

Signs that imitate or resemble official traffic lights, traffic signs or traffic signals; signs that interfere with the effectiveness of any official traffic light, sign or signal.

Moving signs, including but not limited to pennant strings, streamers, spinners, propellers, searchlights, revolving signs and air-filled moving signs.

Inflatable signs, including balloons.

Posters, signs and handbills affixed to any tree, vegetation, rock or utility pole.

Roof signs (except in the C-5 and P/I Zoning Districts).

A-frame signs, except in the C-5 Zoning District.

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J. K. L. M. N. O. P. Q.

Signs that emit smoke, visible vapors, sounds or odors. Open flames used to attract public attention are not permitted.

Signs placed in the public right-of-way, other than governmental signs or wayfinding signs.

Signs that infringe upon the sight triangle, as defined in Sec. 27-308 of the City Code.

Street spanning banner signs, except as permitted by the Hutchinson City Council.

Fence signs.

Portable or temporary electronic message center signs.

Off-premises signs except those permitted in the A-I, I-1, I-2 and I-3 Zoning Districts.

Existing off-premises signs shall be deemed nonconforming.

Abandoned signs.

Sec. 27-805 Sign Area.

Sign area shall be calculated based upon the following. The Zoning Administrator is authorized to make interpretations of these regulations in cases where a specific sign does not fit into the width categories described.

A.

B.

C. D.

E.

F.

Sign cabinets. The area of sign faces enclosed in frames or cabinets Sign shall be based upon the outer dimensions of the frame or cabinet length and shall be calculated by multiplying the width by the length of the Cabinet cabinet or frame.

Double-sided signs/V-signs. Only one side of a double-sided sign or v-sign shall be counted when calculating sign area. The larger sign face shall be used in cases where the sign faces are not of an equal size.

Multiple-faced signs. The sign area of multiple-faced signs shall be calculated by adding the area of all sign faces together and multiplying by 50%.

Round, oval or irregularly shaped signs. The sign area of said signs shall be calculated using the appropriate mathematical formula or by dividing the sign into smaller geometric shapes that are then added together to calculate the sign area.

Channel letter signs. The sign area for channel letter signs shall be calculated using the area of a rectangle enclosing the letters for each word or logo in the sign.

Awnings, canopies and marquees. Sign area for awnings, canopies and marquees is calculated by computing the area of a standard geometric shape or combination of shapes drawn around the sign copy area or graphics. The side parallel to the plane of the building shall be counted as one sign face. Perpendicular sides shall count as a second sign face and shall be included in the total area as a double-faced sign.

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Sec. 27-806 Sign Height Exception.

A.

Exception. Freestanding signs abutting a roadway with a higher grade level in comparison to the sign or sign structure shall have sign height measured from the roadway level adjacent to the sign to the highest point of the sign or sign structure.

Sec. 27-807 Maximum Sign Area and Height – Freestanding Signs Except as otherwise noted in this article, the maximum sign area and height for freestanding signs shall be based upon the adjacent roadway type as follows:

Adjacent Roadway Classification Residential/Other Collector Arterial State Highway

Maximum Sign Area (square feet) 100 150 150 200

Maximum Height (feet) 20 25 25 30

Sec. 27-808 Signs Permitted for Residential Uses.

A.

Signs permitted for single family dwellings and duplexes in any zoning district are as follows: Sign Type Wall

Temporary

Maximum Number of Signs Per Lot 1 per unit for home occupations - 1 per lot frontage for lots that are for sale or lease - 3 political signs per lot frontage 45 days prior to and 2 days following any federal, state or local election

8

Maximum Sign Area 6 square feet

Maximum Sign Height N/A

Permit Required No

8 square feet

3 feet

No

B.

Signs permitted for multi-family dwellings (3+ units) in any zoning district are as follows: Sign Type Freestanding Wall

Temporary

Directional

C.

1 per building - 1 per lot frontage for lots that are for sale or lease - 3 political signs per lot frontage 45 days prior to and 2 days following any federal, state or local election 2 per drive entrance

Maximum Sign Area

Maximum Sign Height

Permit Required

64 square feet

6 feet

Yes

10% of the area of the building face

N/A

Yes

8 square feet

3 feet

No

6 square feet

3 feet

No

Signs permitted for residential subdivisions in any zoning district are as follows: Sign Type Freestanding Temporary

D.

Maximum Number of Signs Per Lot 1 per lot frontage or building

Maximum Number of Signs Per Subdivision 2 per subdivision entrance 1 per development while under construction

Maximum Sign Area 64 square feet

Maximum Sign Height 6 feet

Permit Required Yes

64 square feet

6 feet

No

Maximum Sign Height 6 feet

Permit Required No

Signs permitted for vacant lots in residential zoning districts: Sign Type Temporary

Maximum Number of Signs Per Subdivision 1 per lot frontage for lots that are for sale or lease

9

Maximum Sign Area 64 square feet

Sec. 27-809 Signs Permitted for Commercial Zoning Districts (C-1, C-2, C-3, C-4, CR, EN & AE) A.

Signs permitted for all commercial and industrial uses located in the C-1, C-2, C-3, C-4, CR, TA and EN zoning districts are as follows. For residential uses, please refer to Sec. 27-808.

For public and institutional uses, please refer to Sec. 27-812.

Sign Type

Freestanding

Maximum Number of Signs Per Lot • 1 per each 150 feet of lot frontage.

• Minimum of 1 sign regardless of frontage • Separated by a minimum distance of 75 feet from freestanding signage

Projecting/V-Sign

Awning / Canopy / Marquee

Permit Required

See Sec. 27807

See Sec. 27807

Yes

N/A

Yes

2 per driveway entrance 1 per facade

32 square feet

1 per face

50% of awning, canopy or marquee face

N/A

a. 1 per lot frontage b. N/A

Directional

Maximum Sign Height

20% of the building face where signs are mounted a. 64 square feet b. 20% of building frontage where mounted 6 square feet

Wall Temporary / Portable* a. Freestanding b. Wall

Maximum Sign Area

a. 6 feet b. N/A

3 feet 8 feet minimum clearance over pedestrian walkways N/A

No

No Yes

Yes

*Maximum duration of 30 consecutive days and 60 days in a calendar year, other than on those lots that are for sale or lease.

B. Electronic Message Center Signs Electronic message center signs shall be permitted in all zoning districts pertaining to this section and shall be classified in accordance with the sign type (wall, freestanding, etc.), except that portable or temporary electronic message center signs are not permitted.

10

C. Center Identification Signs To encourage efficiency in signage and reduce the aesthetic impact of multiple freestanding signs advertising businesses on the same or adjoining properties, Center Identification Signs are encouraged. Center identification signs shall comply with the following: Sign Type

Center Identification

Maximum Number of Signs Per Lot • 1 per each 200 feet of lot frontage • Separated by a minimum distance of 200 feet from freestanding signage

Maximum Sign Area

Maximum Sign Height

Permit Required

300 square feet

40 feet

Yes

Sec. 27-810 Signs Permitted for the Downtown Commercial Zoning District (C-5) A. Residential uses in the C-5 zoning district shall comply with Sec. 27-808. Signs associated with all other uses located in the C-5 zoning districts are as follows: Sign Type Freestanding Wall

Maximum Number of Signs Per Lot 1 N/A

Temporary / Portable* a. Freestanding b. Wall Directional Roof

Projecting / V Sign

a. 1 per lot frontage b. 20% of building frontage where mounted 1 per driveway entrance

Maximum Sign Area 24 square feet 20% of building face a. 6 square feet b. N/A 6 square feet

1**

20% of building face

1 per building face

30 square feet

Maximum Sign Height 3 feet

Permit Required Yes

N/A

Yes

a. 3 feet b. N/A

No

3 feet 6 feet, plus 1 foot per story above the first story Minimum of 8 feet of clearance over pedestrian walkway

No Yes

Yes

50% of awning, N/A Yes 1 per face canopy or marquee face *Maximum duration is 30 consecutive days and 60 days in a calendar year, except for lots that are for sale or lease. **Roof signs shall be permitted as replacements for existing roof signs, as well as in areas where the available façade does not allow for at least a 10-square-foot sign. No wall signs or projecting signs Awning / Canopy / Marquee

shall be allowed on buildings using roof signs.

11

B. Electronic Message Center Signs Electronic message center signs shall be permitted in the C-5 Zoning District pursuant to first obtaining Special Use Permit approval by the Board of Zoning Appeals, except that portable or temporary electronic message center signs are not permitted.

Sec. 27-811 Signs Permitted in Industrial Zoning Districts (A-I, I-1, I-2 and I-3) A.

Signs permitted for all commercial and industrial uses located in the A-I, I-1, I-2 and I-3 zoning districts are as follows: Sign Type

Freestanding

Wall Temporary / Portable* a. Freestanding b. Wall Directional Awning / Canopy / Marquee Center Identification Sign

Off-premises sign (billboard)

B.

Maximum Number of Signs Per Lot

Maximum Sign Area

• 1 per 150 feet of lot frontage • Minimum of 1 sign permitted regardless of lot frontage • Separation distance of 75 feet from other freestanding signs

See Sec. 27-807

N/A a. 1 per lot frontage b. N/A 2 per driveway entrance 1 per face

20% of building face a. 64 SF b. 20% of building face frontage where mounted 25 square feet 50% of awning, canopy or marquee face

Maximum Sign Height

Permit Required

See chart in Sec. 27807B

Yes

N/A

Yes

a. 6 feet b. N/A

No

5 feet

No

N/A

Yes

See Sec. 27-809.c.

See Sec. 27-809.c.

Yes

• 1 per lot • Billboards count toward the total sign allotment for the property • Minimum separation of 500 feet along the same side of the road for billboards

See Sec. 27-809.c.

300 square feet

40 feet

Yes

Electronic Message Center Signs Electronic message center signs shall be permitted in all zones pertaining to this section and shall be classified in accordance with the sign type (wall, freestanding, etc.), except that portable or temporary electronic message center signs are not permitted.

12

Sec. 27-812 Signs Permitted for Public and Institutional Uses and the P/I Zoning District A.

Signs permitted for all uses located in the P/I Zoning District and public and institutional uses regardless of zoning district are permitted as follows: Sign Type Freestanding

Wall Temporary / Portable a. Freestanding b. Wall Directional

Projecting / V Sign

Awning / Canopy / Marquee

Maximum Number of Signs Per Lot • 1 per 150 feet of lot frontage • Minimum of 1 sign permitted regardless of lot frontage • Separation distance of 75 feet from other freestanding signs N/A

a. 1 per lot frontage b. N/A

No maximum number

Maximum Sign Area

Maximum Sign Height

Permit Required

See chart Sec. 27808.B

See chart Sec. 27808.B

Yes

N/A

Yes

20% of façade face a. 64 SF b. 20% of building face where mounted 24 square feet

1 per façade

20 square feet

1 per face

90% of awning, canopy or marquee face

a. b.

6 feet N/A

No

8 feet

No

Minimum of 8 feet of clearance over pedestrian walkway

Yes

N/A

Yes

6 feet, plus 1 foot per Roof 1* Yes story above the first story *Roof signs shall be permitted as replacements for existing roof signs, as well as in areas where the available façade does not allow for at least a 10-square-foot sign. No wall signs or projecting signs 20% of building face

shall be allowed on buildings using roof signs.

B. Electronic Message Center Signs Electronic message center signs shall be permitted in the P/I Zoning District and for public and institutional uses in any zoning district. Electronic message boards shall be classified in accordance with the sign type (wall, freestanding, etc.). Temporary or portable electronic message signs shall not be permitted.

13

Sec. 27-813 Sign Regulations Pertaining to All Zoning Districts and Uses A. Sign Placement.

1. Unless specifically authorized by these regulations, all signs shall be erected totally upon the property to which they pertain and shall not overhang into or be located upon the public right-of-way, sidewalk, street, public easement or any other public travel way.

2. Sign placement exceptions: a. Projecting signs, awning, canopy and marquee signs shall be permitted to extend over a public sidewalk when located in the C-4 or C-5 Zoning District, when approved by the City Engineer. b. A-frame signs shall be permitted on a public sidewalk in the C-5 Zoning District, provided the following criteria are met: 1) The sign is located entirely outside the street, alley or driveway.

2) The sign meets the temporary signage requirements established in Sec. 27810.A. 3) A pedestrian travel zone a minimum of 6 feet in width remains on at least one side of the sign.

4) The sign does not obstruct pedestrian and wheelchair access to bus stops, designated parking spaces or building exits, including fire escapes.

3. Wall signs shall not extend above the top of the building wall upon which they are mounted and shall not protrude more than 18 inches on average from the wall or structure to which they are attached.

4. All signs shall be located on the premises to which they pertain, with the exception of center identification signs and off-premises (billboard) signs, as specified herein.

B. Permanent construction. All signage, other than temporary signage, shall be constructed of permanent weatherproof materials typically associated with sign construction, including solid plastic, wood, masonry, metal or other rigid materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure. Signs printed on pliable plastic, fabric, cardboard, streamers or other non-rigid materials are temporary signage for the purpose of these regulations unless mounted upon a wall in a permanently affixed frame.

C. Illumination. Temporary signs shall not be illuminated. All other signage shall be allowed to have illumination provided, however, that nighttime illumination shall not exceed 0.3 foot candles upon an adjacent residential use as measured at the property line, regardless of the illumination method. Signs using external illumination shall have light sources that are fully shielded.

D. Electrical regulations.

1. All electric signs shall be manufactured and installed in compliance with NFPA 70, the National Electric Code (NEC).

2. The listing label number for all signs shall be included on the sign permit application, or, if the sign has not yet been manufactured, through Nationally Recognized Testing 14

E.

F. G. H.

Laboratory (NRTL) validation. A NRTL file number from the sign manufacturer shall be provided for all electric signs on the sign permit application.

Structural and engineering standards.

1. All signs, sign structures, sign foundations and sign anchors shall meet the applicable provisions of the adopted building codes of the City of Hutchinson.

Obstruction prohibited. No sign shall obstruct any fire escape, required exit, window, opening, door or vent. Signage shall not interfere with property stormwater drainage.

Proximity to electrical lines. Signs shall not be placed any closer than 8 feet vertically or horizontally from electrical lines, conductors or electrical guy wires.

Sight triangle. Signs shall be erected as to comply with the requirements of Sec. 27-308 of these regulations and shall not impede the sight triangle.

Sec. 27-814 Nonconforming signs.

A. Legally placed, permanent signage constructed prior to the adoption of these regulations are legal, nonconforming signs.

B. Permanent signs and sign structures that are moved, removed, replaced or structurally altered after the effective date of these regulations shall be brought into conformance with these regulations. Removable faces or sign panel inserts may be changed without having to bring said signage into conformance with these regulations C. Nonconforming temporary signage shall be removed within 60 days of the effective date of these regulations.

D. Nonconforming abandoned and dilapidated signage shall comply with the provisions of Sec. 27-815 and Sec. 27-816 of these regulations.

E. Loss of nonconforming status shall occur with any of the following: 1. Dilapidation. The sign is dilapidated and is not repaired within the first 365 days after the effective date of these regulations.

2. Destruction. The sign is completely or partially destroyed either by accident or willful act.

F. Normal repair and maintenance for nonconforming signage shall be permitted without requiring conformance with these regulations.

Sec. 27-815 Dilapidated signs.

Subsequent to the initial 365-day grace period following the effective date of these regulations, all dilapidated signs shall be deemed to be in violation of this article and their legal nonconforming status, if any, is revoked. The following regulations shall apply.

A. The Director of Planning and Development or designee shall provide a notice to the property owner of property containing a dilapidated sign advising him/her of the dilapidation determination. Said notice shall contain the following information: 1. Photo(s) of the dilapidated sign.

15

2. Determination of what sign features deem the sign to be dilapidated and appropriate corrective actions needed.

3. Deadline for repair or removal of the dilapidated sign.

B. Those dilapidated signs that are not corrected within the initial 365-day grace period of these regulations shall be removed.

Sec. 27-816 Abandoned signs.

A. Abandoned signs that are not classified as dilapidated shall have their sign panel replaced with a blank panel within 180 days of the date of abandonment. There shall be an initial 365-day grace period following adoption of these regulations for abandoned signs to be corrected with a blank panel.

B. Abandoned signs that do not meet the requirements of Sec. 27-816.A. are illegal and shall be removed.

Sec. 27-817 Administration.

A. The Director of Planning and Development or designee shall administer these sign regulations and is authorized to enforce and carry out all provisions therof.

B. Administrative authority shall include development of application forms, permit fees and procedures consistent with this section.

C. The Director of Planning and Development or designee is permitted to enter onto any property in the City to inspect a sign, its structural supports and electrical connections, and to ensure compliance with all adopted codes. Such inspections shall be conducted during regular business hours of the City unless an emergency exists.

D. Sign installer’s license.

1. Persons or businesses desiring to engage in erecting, altering, reconstructing, replacing, renting or placing signs within the City shall not do so without first obtaining a sign installer’s license from the Building Official. Sign installer licenses are effective for one calendar year. No sign installer’s license is required for persons or businesses erecting, altering, reconstructing, replacing or placing signs only for their personal business on property they own or rent, provided that the requirements of Sec. 27817.E. are met.

2. A sign installer’s license shall not be issued unless the person or business seeking the license provides the City with a certificate of liability insurance and fulfills the other requirements of Sec. 21-109 of the Hutchinson City Code.

E. Sign installation.

The work necessary to construct, install, erect, illuminate or modify signage within the City shall be performed by a licensed sign installer or contractor in conformance with below.

1. Work required to be performed by a sign contractor, electrical contractor or other contractor licensed to perform such work: 16

a. Construction, installation, erection or electrical connection of any sign which is internally illuminated. b. Construction, installation or erection of any permanent freestanding sign requiring wind load calculations. c. Construction, installation or erection of any sign which is located above a pedestrian walkway or on a canopy over a pedestrian walkway. d. Construction, installation or erection of any sign not described in subsection 2 below.

2. Work which may be performed by a property owner or lessee: a. Installation or attachment of any individual letters which do not require electrical service or structural modification of the surface to which such letters are being attached. b. Construction and erection of any temporary sign.

F. Sign Permit required.

1. A sign permit shall be required, as established in this code, except for replacement of existing faces or panels, provided no structural alterations are made and the sign does not change in shape, size or area. Normal maintenance on a sign shall not require a sign permit.

2. A sign permit application shall be completed on forms provided by the Director of Planning and Development or designee and shall be completed by the owner, tenant, authorized agent or licensed sign installer.

G. Issuance of permits.

1. Within 14 days of receipt of a complete sign permit application, the Director of Planning and Development or designee shall: a. Issue the permit; b. Deny the permit, including a written statement of the reasons for denial; or c. Request additional information pertaining to the permit.

2. Sign permits may be revoked if: a. There is any false statement or misrepresentation made in the application; b. Work authorized by the permit has not commenced within 180 days from the date of permit issuance; or c. The work authorized by the permit has not been completed within 365 days from the date of permit issuance.

3. The Director of Planning and Development or designee may levy a charge of triple the permit fee for signs erected, placed, relocated, altered or substantially repaired without obtaining permits, as required in this article.

4. The City may require removal of a sign even if a permit was issued, if the permit was issued in error and in violation of these regulations.

H. Sign permit fees.

1. Sign permit fees shall be as established in the Master Fee Schedule and shall be paid at the time of permit application.

17

2. Substantial changes to an issued permit may result in additional permit fees being assessed.

I. Enforcement.

1. All signs shall be maintained in a safe and attractive manner and shall be free from structural, material and electrical defect or hazard. The property owner is responsible for assuring that signs on their property comply with the provisions of these regulations.

2. The Director of Planning and Development is authorized to exercise the following enforcement authority: a. Arranging for immediate removal of any dangerous sign that poses an immediate threat to the public safety. Such removal may be conducted without notice. b. Ordering, via written notification, removal or repair of any sign which endangers the public safety, health or welfare and/or which has become a public nuisance.

The order shall specify the defect or hazard and require correction within 20 days of the date of the letter. c. Ordering, via written notification, removal of an abandoned sign within 35 days of the date of the letter. d. Ordering, via written notification, removal of any illegal temporary signs within 7 days of the date of the letter. e. Confiscating any signs located in the public right-of-way or on public property, other than those specifically required to be permitted under state statute.

Confiscated signs may be recovered by the sign owner within 14 days of the date of confiscation, pursuant to payment of a service charge as established in the Master Fee Schedule. f. Deny issuance of a sign permit for property that has outstanding sign violations or assessments, as established in this article.

J. Administrative correction, removal and forfeiture.

1. The Director of Planning and Development or designee may correct a violation of this code or remove any defective, dilapidated, abandoned or illegal sign if an order has been correctly issued and mailed or delivered and if: a. The sign has not been removed or repaired within the specified time limit; and b. The property owner or authorized representative has failed to file an appeal with the Board of Zoning Appeals by the specified time limit.

2. The City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of said sign. If the cost is not recovered, the expenses may be assessed as a special assessment against the parcel on which the sign was located.

3. For the purposes of this section, the term “sign� shall include all sign embellishments and supporting structures.

18

K. Appeals.

1. Any applicant, property owner or authorized representative may appeal the following decisions/determinations of the Planning and Development Director or designee: a. Denial of a sign permit. b. A written order issued pertaining to a sign.

2. Appeals shall be filed within 14 days of the date of determination and shall be made on forms as provided by the Planning and Development Director or designee. Appeals shall be accompanied by payment of the required application fee.

3. Appeals shall follow the procedure as established in Sec. 27-1109 of these regulations.

L. Variances.

1. Requests for variances from the requirements of these regulations may be made for the following: a. Sign area b. Sign height 2. Other criteria established in these regulations, including sign type, number of signs and zoning requirements, shall not be eligible for variances.

3. Variance applications shall be filed using forms provided by the Director of Planning and Development or designee and shall include the established application fee.

4. Sign variances shall be subject to the regulations and procedures established in Sec. 27-1110.

M. Penalties.

Any person or business found to be in violation of the provisions of these regulations may be subject to general penalties as provided by Sec. 27-1210.

N. Violations.

Any of the following shall be a violation of these regulations and shall be subject to the enforcement remedies and penalties provided for in Sec. 27-1210.

1.

2.

3.

4.

5.

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located.

To install, create, erect or maintain any sign requiring a permit without such permit.

To fail to remove any sign that is installed, created, erected or maintained in violation of these regulations, or for which the sign permit has lapsed.

To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of these regulations.

Each sign installed, created, erected, or maintained in violation of these regulations shall be considered a separate violation when applying the penalty portions of these regulations.

19

EXHIBIT 2

Comments from Sign Companies & Other Interested Parties

Luminous Neon

1. Increase the maximum sign height for residential subdivisions in any zoning district from 6 to 8 feet.

Rationale: We have seen 8 feet adopted in other Kansas codes revised recently.

2. Clarify that the separation distance for freestanding signs of 75 feet is for signs located on the same lot (commercial signs).

Rationale: There is a need to protect small frontage operations from not being able to have a display because of where neighbors have placed their signs.

3. Increase the sign height for directional signage for Commercial & Downtown from 3 feet to 4 feet.

Rationale: This is needed to provide adequate visibility for drivers.

4. Clarify that the off-premises signs (billboards) in the industrial zones do not count toward the sign allotment for the property.

Page #

2011 (Current) Regulations

Discussion

Staff Recommendation

10 feet

None

Increase the maximum height to 8 feet, as requested.

1 sign per 150 feet of lot frontage, provided signs are separated by at least 75 feet

There are some commercial lots that have limited street frontage. The existing proposal might preclude them from having signage at all, if their neighbor has a sign placed near the lot line.

Change the text to clarify that the separation distance for freestanding signs applies only to signs on the same lot. This text would also be added to the Industrial and P/I regulations.

4 feet

Staff recommended a lower height in these areas but does not have an issue with the request.

Increase the maximum height to 4 feet as requested.

12

The current regulations limit off-premises signs to a maximum of one per zoning lot. A detached, offpremises sign counts toward the number of detached signs allotted per street frontage on a lot.

Change the text to read: “Billboards count toward the total number of freestanding signs allowed for the property.”

14

0.3 foot candles upon an adjacent residential use.

Two measurements shall be taken during the night, one with the sign turned on and one with the sign turned off. The difference between the two readings shall not exceed 0.3 foot candles.

This procedure eliminates the effects of moonlight and other sources of light.

This wording may be confusing. The intent is that, if a lot is allowed to have 3 freestanding signs and they install a billboard, the billboard counts as a freestanding sign. They can then only have two more freestanding signs. Those signs would meet the requirements of the regulations for separation and sign area.

The current code accounts for ambient light and has been in the regulations since February 2011.

Change the text to match the current code, which will result in the “ambient lighting” recommendation.

We have allowed for cabinets to be removed and reinstalled in the past. This same request was made by Ideatek and staff is supportive as long as this does not perpetuate the continuance of nonconforming signs.

Change the text to clarify that repairs to the cabinet and upgrades to the LED can be completed off-site, as long as the same cabinet is returned. If a repair results in a “substantial improvement” (i.e., more than 50% cabinet/sign rebuild), the sign will need to come into conformance with the current regulations.

9

10

10-11

Rationale: This seems to be inconsistent with freestanding signs maximum allowance.

5. Add the words “above ambient lighting” to the illumination section of the regulations so that the 0.3 foot candles does not represent “dark sky” conditions.

Rationale: This allows for comparing lighting in existence without the sign to that with the sign in place.

6. Change the nonconforming sign regulations to allow for removal of the sign cabinet or LED structure for repairs/upgrades, as long as the same cabinet is reinstalled.

Rationale: This allows us to perform repairs in the shop, which may be more cost-effective or safer, depending upon the type of repair needed.

A nonconforming sign can be repainted, cleaned, repaired and otherwise maintained if no structural modifications are made and the sign dimensions are not changed.

14

The sign panel or copy may be replaced without losing nonconforming status if no structural modifications are made.

1

Planning Commission Direction

EXHIBIT 2

7. Clarify in the administrative correction, removal and forfeiture section that the person placing the sign references the tenant (if not placed by the owner) and not the sign company.

Page #

2011 (Current) Regulations

Discussion

Staff Recommendation

18

“…property owner or person placing the sign….”

Staff agrees that this is confusing. The tenant is the intended party here.

Change “person placing” to “tenant placing” as requested.

14

None

This text was taken from the model sign code established by the sign industry. This text is not needed.

Remove this section.

11

Pole sign – not allowed; Freestanding and ground monument – 10 ft tall and 100 sf in area

The C-5 Zoning District is reflective of the City’s historic core.

Development in this area approaches 100 years old, or more. Pole signs and other tall signs do not reflect the character of the City’s Downtown and would detract from rather than enhance it. Since the new regulations group pole signs, freestanding signs (two or more poles) and ground monument signs into the same category, whatever regulations are adopted have to apply to all sign types.

Increase the maximum height to 10 ft and the area to 100 sf, as per the existing regulations.

8

Dependent upon type and zoning.

C-4 Standards are as follows: Pole sign: 40’ and 200 SF; Freestanding (two poles): 15’ and 150 SF; Ground monument: 10’ and 150 SF

There are several arterial streets located in the City of Hutchinson, including Main Street, 30th Avenue, Airport Road, Plum Street and 4th Avenue. The request would increase the current maximum size and height allowed per sign for all signs except pole signs. Staff is not supportive of allowing larger signage along arterial streets than what is presently allowed. K-61 is the only state highway located within the City Limits. Traveling speeds along K-61 are generally higher and staff concurs that larger signage would be warranted here. Our height and size requirements are generous on other street types.

Increase the maximum sign height from 30 ft to 35 ft and maximum sign area from 200 sf to 250 sf for signs located along a state highway, as proposed. Staff does not recommend changes to the arterial standards.

The existing ordinance does not place parameters on the items that can be varied.

Uses, however, are not allowed to be varied.

The current sign code was developed jointly with area sign companies and adopted in 2011 with the remainder of the Zoning Regulations.

Since adoption, 6 sign variance requests have been made and approved. Of these, 4 have pertained to height or area. Another involved not having more than one electronic message board per lot, which has been addressed by these code revisions. On another occasion, the City’s code was amended to allow for a signage type that did not comply. Staff’s view is that other types of modifications (such as number of signs or separation of signs) should require a change to the ordinance so that that concession is available to everyone.

Staff recommends no change.

Rationale: Sign companies do not want to assume liability for an abandoned sign years after a business closes.

8. What is the intent of the electrical regulations? Does the City want all signs to have labels? Suggest the City mirror what Wichita does or eliminate this section.

Rationale: Wichita allows for signs to either be constructed by a UL-certified sign shop, be UL-listed with a number or provide detailed schematics of the sign design for review. There are ramifications to changing this requirement.

9. Increase the maximum sign size for freestanding signs in the Downtown Commercial District from 24 sf to 100 sf and height from 3 ft to 20 ft.

Rationale: Current code provides 100 sf at 10 ft of height. We feel current square footage is adequate but the height limitation has been restrictive.

10. Increase the maximum sign area and height for freestanding signs, as follows: Roadway Arterial State Hwy

Sign Area From To 150 SF 200 SF 200 SF 250 SF

Sign Height From To 25 FT 30 FT 30 FT 35 FT

Rationale: This is most consistent with other empirical studies showing faster arterial and highway traffic speeds require larger signs in order to be absorbed along such roadways.

11. Delete paragraphs # 1 and #2 under sign variances, which restrict the types of variances that can be applied for.

Rationale: Many circumstances occur where reasonable discussion with the Planning Commission should be allowed outside the limits created in new draft language. By only making allowances for variance in sign area and height, property owners would not be allowed to make a reasonable variance presentation and receive thorough consideration of their unique and specific issues.

19

2

Planning Commission Direction

EXHIBIT 2

Young Professional’s Voice Team

1. We agree with the language eliminating the abandoned and dilapidated signs.

Rationale: They detract from the beauty of Hutchinson.

Page #

2011 (Current) Regulations

Discussion

Staff Recommendation

15-16

Signs advertising a business, product or service that is no longer viable for a period of at least three months are deemed abandoned may remain on a property provided the sign is properly maintained and does not become unsafe. The sign copy must be covered or replaced with a blank panel.

None. Staff concurs. The current code does not cover dilapidated signs.

None. Staff concurs.

Luminous Neon, Ideatek, Young Professionals Voice Team and Individuals from Young Professionals

1. Off-premises signs should be allowed in the C-3 & C-4 zoning districts. We see no need for this restriction.

Rationale: These signs are currently allowed in all industrial and commercial zones. We see no need for the restriction.

(Luminous Neon) These signs are vibrant and add color to the community (electronic message boards) and serve to reduce the number of off-premises signs needed. (Ideatek) These signs (electronic message boards) are a great way to communicate public messages and messages for nonprofits. (Ideatek) At this time, we do not feel we would want to eliminate all off-premises signs as indicated in the proposed regulations.

Signs support our community looking toward growth and vibrancy. They help attract business and provide a way for existing local businesses to advertise. We would suggest including language regulating the density, use, or number of off-premises signs allowed so there is not an overabundance of signs in one area. (YPVT) We agreed with the language keeping the off-premises signs out of downtown; they detract from the historical aesthetics of the area. (YPVT)

Off-premises Off-premises signs on lots adjacent to the advertised use are permitted in the C-1 and C-2 Districts by right and are permitted upon special use permit approval in the C-3, C-4, C-5, I-1, I-2 and I-3 Districts.

Non-adjacent off-premises signs are permitted in the C-2, C-3, C4, I-1, I-2 and I-3 Districts upon special use permit approval.

In all cases, only one offpremises sign is permitted per lot. Off-premises signs shall be a minimum of 75 feet from any other detached sign.

Billboards Billboards require a CUP in the C-4 and C-5 districts, and are permitted in the I-1, I-2 and I-3 districts.

Billboards with illumination must be separated by a minimum of 500 feet.

Unilluminated billboards must be separated by 300 feet. All billboards cannot be located within 150 feet of a public park and 200 feet of a residential district.

Beauty & Current Regulations.

Off-premises signs are presently allowed in many of the City’s zoning districts, however, they do not contribute favorably to the overall character and beauty of the community. Their very purpose is to attract the traveling public. To do this, they must be bigger, taller and flashier than their surroundings. Of the cities surveyed (See Exhibit A), 30% do not allow billboards/off-premises signs at all. Another 15% allow billboards only in industrial districts are along freeways with speeds greater than 55 mph. Of those cities that do allow for billboards outside of the industrial zones or along freeways, two require a substantial separation (1,320 feet, which is a ¼ mile). The City’s current regulations are less restrictive than a majority of the other cities surveyed.

Reduction of Off-Premises Signs.

To staff’s knowledge, installation of the five Electronic Message Center billboards in the community has not resulted in the removal of any of the existing static billboards. Some communities require the removal of 1-3 existing, static billboard signs prior to approving a new EMC billboard. In practice, once a billboard sign is placed, it typically remains a part of the landscape for a very long time. Staff has conducted a billboard sign inventory (See Exhibit B). At present, there are 56 billboard signs and an estimated 6 offpremises signs.

Community Needs and Character.

Hutchinson has been working on improving its community appearance for a number of years. Some of the efforts have included placing flowers and planters; improving the K-61 ROW with fencing and plantings; installation of welcome signage; requiring landscaping and paving for developments; etc.

The question becomes whether the community need for attractiveness (which appeals to newcomers and visitors) outweighs the economic need for billboards as an advertising tool. Since there are already 60 billboards in town, and the electronic message centers can advertise up to 10 companies in a single minute, is there an economic need for additional billboards? Staff’s opinion is that the benefits of restricting future billboards to only the industrial zones outweighs the economic benefits of additional billboards.

3

Staff recommends the proposed draft language be kept and that a separation from residential districts, public parks and intersections be added.

Planning Commission Direction

EXHIBIT 2

Page #

Propose permitting billboards up to 300 sq ft by conditional use permit in C-3 and C-4 zoning districts in a manner similar to the current regulation on off-premise signage. The conditional use permit has been an effective means of permitting these types of signs because they require staff analysis, public comment, planning commission and council approval. There does not seem to be evidence of an unreasonable amount of requests per year for billboards in these zoning districts. (Ideatek) See Exhibit D for full comments.

Electronic billboards aren’t pretty, and they can be distracting at night, but they are an efficient way for organizations to advertise. I would be in favor of limiting them but not eliminating them. (Individual from YP) If the desire is to have fewer billboards for aesthetic reasons, I would be more inclined to craft policy to phase out the static billboards and consolidate them into fewer digital billboards. (Individual from YP) Studies have been conducted that show that electronic billboards are not distracting. (Ideatek) Allow off-premises signs in C-4 and C-5 with a conditional use permit. (Ideatek)

2011 (Current) Regulations

Discussion

Staff Recommendation

Professional Opinion.

Off-premises signs, whether digital or static, are part of the visual character and quality of a community. The American Planning Association (professional organization for the planning profession) has an official policy guide that promotes the restriction of billboards. That guides states: “Many local governments have determined that billboard controls are necessary to protect and preserve the beauty, character, economic and aesthetic value of land and to protect the safety, welfare and public health of their citizens.� The full policy guide can be found at Exhibit C. It is the official position of the profession that billboards be limited.

Phasing Out Static Billboards.

Once a billboard is placed, it is very difficult to have it removed. The land leases for billboards can run 20 to 30 years. Sign companies need this length of time in order to be able to recoup their investment. As long as a sign is maintained, there is no mechanism for the requiring removal unless it becomes abandoned or dilapidated. The City could require removal of static billboards upon placement of a new digital one, however, these are often not owned by the same companies.

Eliminating all Off-Premises Signs.

The sign regulations do not call for elimination of all off-premises signs. They do call for restriction of any new signs to the industrial zoning districts. Nonadjacent off-premises signs would not be allowed except as stated below.

Safety.

A number of studies have been done to show the impacts of electronic billboards on motorists. No study has proven conclusively that this distraction has been the single causative factor for accidents.

Conditional Use Permit.

Presently all billboards proposed for commercial zones require a conditional use permit, however, the City seldom places any conditions on them. The conditional use permit process is cumbersome and the outcome is uncertain for the applicant. Staff believes signs should either be allowed or not be allowed in the various zoning districts and the approval can be granted at staff level.

4

Staff recommends the proposed draft language be kept and that a separation from residential districts, public parks and intersections be added.

Planning Commission Direction

EXHIBIT 2

Todd Carr (Planning Commissioner)

1. Suggest we allow for individual residences to have “booster” and “watch out for motorcycle” type of signage.

Page #

8

8

1. Address political signs.

Rationale: Even though these do not contain a commercial message, review is desirous.

3. Consider establishing a coverage limit for window signage.

Rationale: Covering windows with signage is unsightly and poses a safety hazard.

Staff Recommendation

8-9

6

6

Part of the issue with having a content-neutral code pertains to how to allow these types of signs, but not allow ones that say “Shop at Joe’s Antiques” or any other message that clearly would be commercial. We do not recommend allowing for the other signage types, as there is no way for us to distinguish between commercial and non-commercial content; further, this would allow for home occupations to have freestanding signage. We do not allow these signs now but we perform enforcement on a complaint only basis. Since we don’t get complaints, we haven’t had to perform enforcement.

Change text for political signs: Unlimited temporary signs per lot 45 days prior to any election and 2 days following any election, provided said signs do not exceed 8 sf in total sign area.

No changes are recommended for other signage.

It is hard to have a content-neutral code if you have to look at the flag to see if it should be allowed or not. The desire was not to have people place “Joe’s Crab Shack” or other commercial signage in residential zones via a flag. Lawrence, which is presently in the midst of a code rewrite, established flag categories. This seems cumbersome (and content-related) to staff. In actuality, flags are not a very effective method of advertising.

Change the definition of flag from “attachable” to “attached” and establish that a maximum number of flags (2 per lot) be allowed in residential zones and that, in those zones, the maximum size be 8 sq ft per flag. Flags would be exempt in other zones.

4 political signs allowed per zoning lot. 6 square feet maximum in residential districts, 32 square feet everywhere else. Signs may be placed 30 days prior to and seven days after an election.

We have gone back and forth on this issue. After reexamining state statute, it looks like we cannot limit the number of political signs located on private property (KSA 25-2711). Also, our duration time does not match state statute.

See recommendation above.

Not addressed.

Murals in historic districts require review, as do those that are on public properties or contain a commercial message.

No changes recommended.

Maximum coverage of 50%

The code presently has a coverage limit, but this is a regulation we are unable to effectively enforce. We have never received a zoning violation complaint regarding this requirement.

No changes be made.

Official flags of nations or states are exempt from the sign code.

The code is silent on garden flags and sports team flags.

Luminous Neon – Informal Suggestions

2. Murals that are visible to the public should be reviewed by the public art design council.

Temporary signs for special events sponsored by public, civic, patriotic, religious or charitable organizations for noncommercial purposes are allowed only on non-residential properties.

On residential property, one non-commercial temporary sign up to 4 square feet may be placed for 3 days, 4 times per year, to announce the birth of a child, birthdays, weddings, anniversaries, garage sales or similar noncommercial event.

Rationale: This signage is common.

Rationale: This does not appear to meet the contentneutral standard. Lawrence referenced the election cycle.

Discussion

These signs are not allowed.

Rationale: This signage is common.

2. Suggest we address residential flags that support entities like “K-State Wildcats” or “Jayhawks”.

2011 (Current) Regulations

5

Planning Commission Direction

EXHIBIT 2

4. Consider putting a font size/height restriction on bench/bus signs.

Rationale: The current wording leaves too much room for interpretation.

5. It looks like the new code eliminates streamers. Is this what is intended?

Rationale: Several existing businesses use streamers.

We do not have an opinion one way or the other but wanted to make sure the intent is to discontinue allowing this.

6. Consider revising the definition of Electronic Message Center Sign to be more broad.

Rationale: The definition is a little outdated and limited.

Page #

2011 (Current) Regulations

Discussion

Staff Recommendation

6

Not addressed.

Agreed

Limit the lettering height to 6 inches. Anything taller than 6 inches will be considered a sign.

6

Staff did intend to prohibit the use of streamers in the future.

Streamers are frequently prohibited in sign codes, as they are Streamers are not addressed in the distracting, subject to becoming detached as they blow in the current regulations. wind, become tattered, wind up in the street and storm drain system and are generally not visually appealing.

3

A sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Staff Comments

1. Allow for off-premises signs in commercial zones where lots are served by private streets and do not have commercial road frontage.

Rationale: These lots would not have the option for a sign along a public street unless part of a center id sign.

Off-premises Off-premises signs on lots adjacent to the advertised use are permitted in the C-1 and C-2 Districts by right and are permitted upon special use permit approval in the C-3, C-4, C-5, I-1, I-2 and I-3 Districts.

None

Non-adjacent off-premises signs are permitted in the C-2, C-3, C-4, I-1, I-2 and I-3 Districts upon special use permit approval.

In all cases, only one off-premises sign is permitted per lot. Off-premises signs shall be a minimum of 75 feet from any other detached sign.

2. Modify the definition of billboard to include a provision that the copy be intended to change on a regular basis.

Rationale: Presently, the only distinguishing feature of a billboard is that it is off-premises and larger than 200 SF. In reality, billboards are not just large signs but they are signs intended to serve the function of outdoor advertising.

2

None.

Definition came from the United States Sign Council Foundation Model On-Premise Sign Code. Lawrence’s definition is: “A sign that utilizes computer-generated messages or some other electronic means of changing sign copy. EMC signs include displays using incandescent lamps, LEDs or LCDs, and may also enable changes to sign copy, message or content to be made remotely.”

Limiting off-premises signs creates a potential issue for commercial developments that have internal private streets serving individual lots that do not have frontage. Examples include the mall property (Orscheln, IHOP, Murphy Oil and Hobby Lobby are not owned by the mall proprietor and do not have public street frontage) and the Family Entertainment Center (The Alley) property, which has two lots (Lots 5 & 6) that could be ineligible for public street frontage signage if sold off to another party.

The way billboards are presently defined, any company could put a large sign (>200 sf) off-premises and qualify for this signage Billboard Sign shall mean an offtype. The Lone Star sign and the Mall Sign are good examples. premise outdoor advertising structure, The Lone Star sign is a single-entity sign (now advertising a freestanding or attached to a building business that no longer exists) and the Mall Sign is really a Center wall, with a per face area greater than ID sign. It is not the intent of the regulations to allow for larger 200 square feet. signs just because they are located off-site. This is an oversight associated with the definitions.

6

Change the definition to match that in Lawrence’s proposed sign ordinance.

Allow for off-premises signs in commercial zoning districts where the lot requesting the signage is not served by a public street, provided: • The sign shall be placed in a permanent sign easement • The sign shall meet separation, height and size requirements of the code • The signage is placed along the nearest public street and is within view of the establishment

Change the definition of billboard to include a provision for containing copy that is intended to change on a regular basis.

Planning Commission Direction

EXHIBIT 2

Page #

Ideatek 1.

2011 (Current) Regulations

Discussion

Staff Recommendation

None

Conditional use permits run with the land. Expansions would not be allowed except in compliance with the current regulations (presently 300 SF is allowed, with a conditional use permit in the commercial zones).

Existing signs would be allowed to remain and could have regular maintenance/upgrades. Expansions in size would not be allowed.

No changes are recommended.

8

Dependent upon type & zoning.

C-4 Standards are as Follows: Pole sign-40’ & 200 SF; Freestanding (two poles)15’&150SF; Ground monument-10’&150SF

See discussion under Luminous Neon – Item #10

Increase the maximum sign height from 30 ft to 35 ft and maximum sign area from 200 sf to 250 sf for signs located along a state highway, as proposed. Staff does not recommend changes to the arterial or collector standards.

14

Current regulations do not allow for structural alterations.

The goal of non-conforming regulations is to move signs toward conformance. Allowing structural alterations does not move a sign toward conformance.

No change recommended other than those identified in #6 under Luminous Neon.

19

Current regulations specify the same conditions of appeal and also add that the permit fee can be appealed.

Staff is unsure what is intended by these comments. The appeal options, other than the fee, have not been changed.

No change recommended.

19

See discussion under item #11, Luminous Neon.

Please explain the ramifications for existing billboards that are located in commercial districts and have conditional use permits.

Rationale: Companies have made substantial investments, particularly in digital billboards, and want to be assured that they would be able to: a) upgrade them and b) upsize them, if they are less than 300 square feet (current maximum size).

2. Increase the maximum allowable size for signs per the table below: Adjacent Roadway Classification

Maximum Sign Area (square feet)

Maximum Height (feet)

100

20

Collector

200 150

30 25

Arterial

200 150

30 25

State Highway*

300 200

35 30

Residential/Other

Rationale: *State highways typically have larger corridors and much wider right-of-ways or setbacks. Allowing for a maximum of 300 sq ft would provide for larger signs when needed for longer viewing distances from the road, and will appear similar in size to smaller signs when they are viewed at an extended distance.

3. We suggest modifying the conditions to clearly permit ongoing maintenance and repair, including temporary removal of a sign face for refurbishment and/or repair. (discussed above) Structure alteration needed for repair should be allowed so long as it does not materially change the size or character of the existing sign.

4. Propose the appeal section (§27-817(K)(1)) be modified, as follows: 1. Any applicant, property owner or authorized representative may appeal the following decisions/determinations of the Planning and Development Director or designee. a. Denial of a sign permit. b. A written order issued pertaining to a sign.

Rationale: IdeaTek is generally concerned with the limited scope of available appeal options for staff determinations and the ultimate authority given to unelected government officials due to that scope. We believe open and free government should include an appeals process for any staff determination.

5. Remove sections 1 and 2 entirely from the variance language. (See discussion under Luminous Neon above and Ideatek’s rationale in Exhibit D).

See discussion under item #11, Luminous Neon.

7

See discussion under item #11, Luminous Neon.

Planning Commission Direction

EXHIBIT 2

6.

The new code does not properly distinguish between static outdoor advertising signs and digital outdoor advertising signs. Any new restriction on billboards should seek to address these differences including: ●

● ●

●

7.

8.

9.

Static billboards require physical changing and can sit unchanged for long after their useful life (e.g. fading and tearing).

Digital billboards stay fresh and vibrant, and always changing.

Digital billboards help consolidate outdoor marketing needs by serving many more customers with the same footprint as a static billboard.

Digital boards provide emergency management and alert capabilities for the community - evacuation routes, closures, and post-disaster information dissemination which may be otherwise hindered by communication outages.

Forcing the removal of a sign after it is installed due to an error of the city is unreasonable, unfair, and inconsiderate of the sign owner’s new investment. This section, whether intentional or not, erodes the motivation for city staff to be accurate and considerate of the substantial costs related to sign installation (§27-817(G)(4).

Force majeure events such as acts of God or third party damage that accelerate a replacement of a sign shouldn’t cause an expensive replacement cost above a like-for-like replacement if the sign is already operating under a conditional use permit. (§27-814(E)) Areas of support:  Overall reduction in regulation length  Overall attempt to streamline timelines by giving more approval authority to staff  Recognition of a need to balance aesthetics and welfare with economic development - §27-801(b). We emphasize the importance of pragmatic regulation which promotes and assists development rather than adding costs and otherwise depressing it. Elimination of billboards within the downtown zones (C-5) over time to support historical preservation and beautification efforts §27-804(p). This is also a reason to allow billboards in less-sensitive commercial areas. Removal of dilapidated or unkept billboards - §27-815, 816.

We support the efforts to remove billboards that are abandoned or otherwise in disrepair as they detract from the beauty of the community and contribute a negative image to well-kept and maintained billboards.

Page #

2011 (Current) Regulations

Discussion

Staff Recommendation

Various

Current regulations treat electronic message boards more stringently than other types of signage, requiring larger separation distances and restricting the number allowed per lot.

The intent of the regulations was to recognize the changing face of advertising and to discontinue disparate treatment of electronic message center signs (be they on or off premises). As mentioned above, some cities require the removal of static billboard signs when a digital billboard is placed. This is certainly something the community could consider to acknowledge the difference between the two billboard types and to reduce visual clutter associated with existing billboards.

No change recommended.

17

The current regulations provide: “The issuance of a sign permit shall not authorize the installation or display of a prohibited sign.”

This is a standard provision of zoning regulations. In practice, we would likely not require removal of a sign, but there might be a case where we would need to. Part of the rationale here is that it is a duty of the sign companies to be familiar with the regulations and not submit applications that do not comply.

No change recommended.

None

Current regulations contain a provision that signs that are damaged by more than 50% of the replacement cost shall lose their nonconforming status.

Recommended language does not address damage and what would happen if a nonconforming sign was damaged by acts of God, etc. This is an oversight.

Staff recommends the language contained in the existing ordinance be added.

No discussion. Agreed.

No discussion. Agreed.

No discussion. Agreed.

Various

8

Planning Commission Direction

Exhibit A: Billboard Regulations in Other Communities City Abilene Andover Dodge City Edgerton El Dorado Emporia

Garden City Gardner Lawrence Lenexa Manhattan McPherson Merriam Mission Newton Olathe Overland Park Salina Topeka Wichita

Billboards Permitted?

Permitted in non-residential districts Prohibited Only allowed in industrial districts and along highways in agriculture districts.

Allowed in heavy commercial and industrial districts with CUP Prohibited in Residential districts and C-2; SUP in C-1, O-1; permitted in industrial districts Only allowed in industrial districts Prohibited in CBD and residental districts. Allowed in all other commercial districts and in industrial districts, large separation requirement of 1,320 feet (1/4 mile) from any other pole or pylon sign All new billboards prohibited All new billboards prohibited Prohibited Only allowed along freeways with speeds over 55 mph Prohibited in residential districts and office districts (B-1 & B-2). Allowed in all other districts.

Prohibited Requires SUP in all non-residential districts Only allowed in special designated districts (similar to a CUP) Prohibited Allowed in industrial districts, but requires SUP Allowed in A-1, C-4, C-6, C-7, I-2, I-3 and U (on the rear of a scoreboard) districts. Off-premise counts towards allowed sign area per zoning lot. Digital billboards not allowed.

Allowed in non-residential districts with 1,320 ft of separation Permitted in the LC, GC, LI and GI Districts. Prohibited within 50 feet of residential use, 660 feet from rivers or parks, and on K-96 between I-135 and the City Limits.

Prohibited Allowed in some districts CUP/SUP approval required Allowed in most districts

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT C

Ratified by Board of Directors, Boise, Idaho, September 1989 Revised and updated, San Diego, California, April 1997 Ratified by the Board of Directors, San Diego, California, April 1997

In recent years, planners have identified sign control as one of the most important yet troublesome problems facing local governments. Because of their size and their intrusion into many rural, residential, and scenic areas, billboards are of particular concern to many communities.

Many local governments have determined that billboard controls are necessary to protect and preserve the beauty, character, economic and aesthetic value of land and to protect the safety, welfare and public health of their citizens. Over the past two decades, hundreds of cities and counties have enacted new regulations to control billboards. Yet many communities find it impossible to enforce their billboard ordinances along highly visible transportation routes because of special-interest provisions in the Intermodal Surface Transportation Efficiency Act, successor to the Federal Highway Beautification Act. APA fully supports continuing provisions of these federal laws that require the states to control billboards adjacent to primary and interstate highways that receive federal aid, including federal highways located within cities and other local governments. The act imposes penalties on states that do not meet federal standards. States that do not comply with federal standards may lose 10 percent of their Federal highway funds. Not surprisingly, all states have legislation that implements the Federal Act. Unfortunately, in 1978 Congress adopted an amendment to the Highway Beautification Act which ties the hands of local governments that want to remove nonconforming billboards along federal highways. Before the amendment was adopted, local governments in many states could require the removal of nonconforming billboards along federal highways, offering compensation through amortization under state and local police powers and not paying out public monies. The act now requires local governments to pay billboard owners before a nonconforming billboard can be removed.

The federal government is supposed to meet 75 percent of the cost of billboard removal, but Congress has not appropriated funds for this purpose since 1982. This is a major obstacle to billboard regulation because the removal of nonconforming billboards is essential to an effective billboard control program.

As a result, local governments face a dilemma. Although in many cases they can and do require the removal of other signs without cash compensation, they can require removal of signs along heavily traveled federal-aid highways only if they pay compensation. That creates a philosophical dilemma and, in the absence of the 75 percent federal matching funds that were originally contemplated, it creates a very real fiscal one. At the same time, new billboards continue to go up on many of the same roads where the industry insists on being paid to remove other billboards. Ironically, a setback requirement included in the act and intended to keep billboards out of highway corridors in many rural areas has simply led to a proliferation of superbillboards just outside those corridors, further despoiling many rural routes. In short, federal intervention intended to make highway corridors more beautiful has been manipulated by special interests to make it more difficult for local governments to use their own tools to accomplish the original purposes of the Highway Beautification Act.

POLICY 1. APA National and Chapters support local regulation of billboards in the context of and consistent with local comprehensive and land use plans.

POLICY 2. APA National and Chapters promote federal legislation that restores to local governments the authority to require the removal of billboards and other signs through amortization and other means consistent with the law and constitution of the particular state.

POLICY 3. APA National and Chapters support the authority of local governments to require nonconforming signs along federal highways to comply with size and height requirements without cash payments.

POLICY 4. APA Chapters promote the adoption where necessary of state legislation that expressly authorizes local governments to offer amortization as compensation for a requirement to remove nonconforming billboards and other signs within the jurisdiction of the local government.

POLICY 5. APA Chapters promote the adoption of state legislation and local ordinances halting the construction of new billboards until the federal government either appropriates sufficient funds to remove nonconforming billboards or restores the authority of local governments to remove billboards through amortization without cash payments.

POLICY 6. APA National and Chapters promote adoption of logo signs, providing service information with establishment or franchise logos and names, for exits on rural interstate, U.S., and state highways, when use of such logo signs is tied to limitations on the number, height, and size of billboards in the same area.

POLICY 7. APA National and Chapters support continuation and strengthening of federal and state legislation that allows control by local governments over the placement of new billboards.

POLICY 8. APA National and Chapters support increase of the setback exemption in the Highway Beautification Act and related provisions of ISTEA to one mile or such other

distance as may be adequate to ensure that billboard companies cannot subvert the intent of the setbacks by simply installing larger signs outside the setbacks.

POLICY 9. APA National and Chapters support implementation and enforcement of restrictions on vegetation removal or trimming for the purpose of increasing the visibility of a billboard.

POLICY 10. APA National and Chapters support enabling legislation to levy user fees or taxes on billboards, which reflect the private benefit accruing to owners of billboards from the public investment in public roads, with the recommendation that such revenues be used to support highway beautification efforts.

EXHIBIT D

August 24, 2017

Jana McCarron City of Hutchinson – Planning & Development PO Box 1567 Hutchinson, KS 67504 RE: City of Hutchinson staff’s draft on new sign code Dear Ms. McCarron: IdeaTek appreciates the opportunity to respond to the planning staff’s proposed regulation changes to the city’s sign codes. We also appreciated the time staff took to meet with us regarding our concerns to the sign code, but we still felt it was appropriate to put certain comments in writing to ensure our comments are fully and clearly represented. We ask that this letter be provided to the Planning Commission.

Prior to commenting specifically on certain sections of the proposed code we thought it was important to note that our focus was primarily on items affecting off-premise advertising sign structures (billboards) as it relates to our ongoing business operations. IdeaTek currently operates four digital billboards within the city limits, all of which were permitted via conditional use permit.

We would appreciate your consideration on the following items of the proposed sign code specific to off-premise (billboard) signs:

Specific Code Sections: §27-804(P) Prohibition of Off-Premise Signs Current code permits off-premise signs in all commercial zoning districts limited to overall size and height, and larger billboard type signs in zoning districts C-4 and C-5. This new section removes all ability to place any off-premise signs in commercial districts.

Outdoor advertising is an important marketing channel for many local businesses spanning the gamut of commercial, nonprofit, and governmental sectors. Nice-looking and well-kept signs in reasonably limited numbers add to the vibrancy of a community, send a message that commerce is alive, and provide ongoing change to an otherwise unchanging landscape.

IdeaTek would propose permitting billboards up to 300 sq ft by conditional use permit in C-3 and C-4 zoning districts in a manner similar to the current regulation on off-premise signage. The conditional use permit has been an effective means of permitting these types of signs because they require staff analysis, public comment, planning commission and council approval. There does not seem to be evidence of an unreasonable amount of requests per year for billboards in these zoning districts. §27-807 Maximum Sign Area and Height – Freestanding Signs Suggested edits: Maximum Sign Area (square feet)

Maximum Height (feet)

100

20

Collector

200 150

30 25

Arterial

200 150

30 25

State Highway*

300 200

35 30

Adjacent Roadway Classification Residential/Other

*State highways typically have larger corridors and much wider right-of-ways or setbacks.

Allowing for a maximum of 300 sq ft would provide for larger signs when needed for longer viewing distances from the road, and will appear similar in size to smaller signs when they are viewed at an extended distance. §27-814 Nonconforming signs Clarity needs to be given as to which existing signs will fall out of compliance and into non-conforming status. Our understanding is that existing conditional use permits run with the land and will protect a sign from non-conformance status even if it otherwise would be non-conforming. Clarifying that situation in this section would be very helpful and cause less concern relating to our comments in subsections (B) and (E) below.

2

§27-814(B) We suggest modifying the conditions to clearly permit ongoing maintenance and repair, including temporary removal of a sign face for refurbishment and/or repair. Structure alteration needed for repair should be allowed so long as it does not materially change the size or character of the existing sign. §27-814(E) Force majeure events such as acts of God or third party damage that accelerate a replacement of a sign shouldn’t cause an expensive replacement cost above a like-for-like replacement if the sign is already operating under a conditional use permit. §27-817 Administration §27-817(G)(4) Forcing the removal of a sign after it is installed due to an error of the city is unreasonable, unfair, and inconsiderate of the sign owner’s new investment. This section, whether intentional or not, erodes the motivation for city staff to be accurate and considerate of the substantial costs related to sign installation. §27-817(K)(1) IdeaTek is generally concerned with the limited scope of available appeal options for staff determinations and the ultimate authority given to unelected government officials due to that scope. We believe open and free government should include an appeals process for any staff determination.

We propose the following: 1.

Any applicant, property owner or authorized representative may appeal the following decisions/determinations of the Planning and Development Director or designee. a.

Denial of a sign permit.¶ b.

A written order issued pertaining to a sign.

§27-817(L) Variances Variances are an important part of any zoning and planning regulation as they recognize that no regulation will ever be perfect nor will even the best of plans foresee all potential

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applications and uses of property in the community. Similar to our comments regarding the appeals process, we feel it is important to leave ultimate decision making authority to elected government officials. Variance processes offer an opportunity for applicant, staff, and the public to make a case for the reasons an exception to the regulations should or should not be granted.

While we understand these exceptions require staff’s time and resources, we believe this new code will streamline and eliminate some potential variance requests. We would also seek to understand the total number of variances requested each year if this issue needs to be pressed.

We propose removing subsection (1) and (2) entirely.

Differentiating Static Billboards from Electronic Billboards The new code does not properly distinguish between static outdoor advertising signs and digital outdoor advertising signs. Any new restriction on billboards should seek to address these differences including: ● ● ● ●

Static billboards require physical changing and can sit unchanged for long after thier useful life (e.g. fading and tearing).

Digital billboards stay fresh and vibrant, and always changing.

Digital billboards help consolidate outdoor marketing needs by serving many more customers with the same footprint as a static billboard.

Digital boards provide emergency management and alert capabilities for the community evacuation routes, closures, and post-disaster information dissemination which may be otherwise hindered by communication outages.

Specific Areas We Support: ✓ Overall reduction in regulation length ✓ Overall attempt to streamline timelines by giving more approval authority to staff ✓ Recognition of a need to balance aesthetics and welfare with economic development §27-801(b). We emphasize the importance of pragmatic regulation which promotes and assists development rather than adding costs and otherwise depressing it. ✓ Elimination of billboards within the downtown zones (C-5) over time to support historical preservation and beautification efforts §27-804(p). This is also a reason to allow billboards in less-sensitive commercial areas. ✓ Removal of dilapidated or unkept billboards - §27-815, 816. We support the efforts to remove billboards that are abandoned or otherwise in disrepair as they detract from the beauty of the community and contribute a negative image to well-kept and maintained billboards.

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Sincerely,

Daniel P. Friesen Managing Partner

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EXHIBIT 3

Sign Fee Comparison Sign Type: Permanent Permit Fee Abilene Dodge City Emporia Garden City

Hutchinson (Existing)

Hutchinson (Proposed) Lawrence Manhattan McPherson Salina

Wichita

$25 for signs up to 25 sf; and $.20 per sf thereafter $50 $25 $75 EMB & off-premises based on valuation $20 non-illuminated; $35 illuminated $10 non-illuminated, $20 illuminated (awning) $50 for more than 150 sf of combined signage $35 (billboard) $50 + $1.00 per sf (freestanding, billboards, center ID ) $50 (all other signs) $75 (electrical permits are in addition) $25 per sign; $100 for electrical $25 per sign $39 + $1.10 per sf (wall & ground) $50 + $1.60 per sf (pole & pylon) $300 (billboards)

$25+$6 per 10 sf

Sign Type: Temporary/Portable Permit Fee $25 $35: 1-30 days; $25: 10 days or less $10 portable sign

None $25; also for directional

$50 per sign $15 + $4 per 10 sf (temporary) $5 + 4 per sf (banners) $15 for five days (balloons) $5 + $1 for 50 sf (other) $10 (portable)

EXHIBIT 4

Abandoned & Dilapidated Signs – Fourth Avenue Hutchinson, KS Zoomed in Version