GODDARD CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS Agenda 118 North Main, Goddard, KS Monday, April 11, :00 P.M.

Similar documents
Article 18. Sign Regulations

CHAPTER 154: SIGNS. Section

ARTICLE XII Sign Regulations

No sign shall interfere with vehicular or pedestrian safety in any manner.

Signs along highways shall meet all of the requirements of the zoning districts in which they are located.

Sign, Canopy: A sign attached to the underside of a canopy.

Article 9 Signs and Billboards

1. Animated: A sign or part of a sign that moves or appears to move.

CHAPTER 7. SIGNS TABLE OF CONTENTS ARTICLE 1. GENERAL Sec INTENT Sec NUMBER OF SIGNS AND SURFACE AREA...

New Lawrence, Kansas Sign Code. Frequently Asked Questions (FAQs)

CHAPTER 13 SIGNS 13-1

IOSCO TOWNSHIP ZONING ARTICLE 11 SIGNS

ARTICLE V SIGN REGULATIONS

ARTICLE I. IN GENERAL. To encourage the effective use of signs as a means of communication in the city;

Excerpt from Town of West Greenwich, RI Zoning Ordinance Amended by Town Council September 12, 2007, and September 10, 2008

ARTICLE 20 SIGNS. SIGN, AREA: The entire area of all sign faces, cumulatively, including sign faces on which no copy is currently displayed.

SIGNS MASTER SIGN PROGRAM

ORDINANCE # 455. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Forest as follows:

CHAPTER 10 SIGN REGULATIONS

Zoning Ordinance Chapter 9

ARTICLE 8 SIGNS Section 8.1 Intent Section 8.2 Definitions Advertising Sign Attached Sign Billboard Business Sign

Except as authorized in section with respect to non-conforming signs, all signs shall be in compliance with the provisions of this chapter.

HUERFANO COUNTY SIGN REGULATIONS SECTION 14.00

City of Jasper Sign Ordinance

ARTICLE XII SIGNAGE REGULATIONS

Temporary Sign By-law

CHAPTER 5. Signs. It is further the intent of this section to prohibit signs which:

ARTICLE 9: Sign Standards

CHAPTER 2 RELATIONSHIP WITH OTHER LAWS.

TITLE NINE - SUPPLEMENTAL REGULATIONS Chapter Signs. CHAPTER 1179 Signs. (1) Promote attractive and high value residential districts.

CHAPTER 5 ZONING SECTION 5.1 PURPOSE

ORDINANCE NO

Chapter SIGNS. Sections: Specific Standards by Zoning District Specific Standards by Use

ARTICLE 20 SIGN REGULATIONS

Orange Township Zoning Resolution Effective May 1, 2013

NOTICE OF PUBLIC HEARINGS CITY OF LIVE OAK, CALIFORNIA

SUMMARY OF SIGN REGULATIONS AND PERMIT PROCESS City of Conroe Code of Ordinances Chapter 90, Section 1-15

ARTICLE XI SIGNS Shelbyville Zoning Regulations 1994

ARTICLE XVII SIGNS ADOPTED JANUARY 12, 2004/Amendments through

TITLE XV: LAND USAGE 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE

Title 17 MOBILE HOMES AND RECREATIONAL VEHICLES

CHAPTER 214: SIGNS PURPOSE.

UPPER MOUNT BETHEL TOWNSHIP NORTHAMPTON COUNTY, PENNSYLVANIA

CITY OF MORRO BAY SIGN PERMIT. Public Services Department Planning Division 955 Shasta Avenue Morro Bay, CA (805)

HARTSELLE ZONING ORDINANCE - SECTION 27 SIGN REGULATIONS. (See CBD Sign Ordinance for Additional Downtown Standards)

CHAPTER 14. SIGNS AND GROUND SIGNS

ARTICLE 11. NAMEPLATES AND SIGNS Signs in all districts.

Signs General sign regulations District sign regulations.

ORDINANCE NO

Chapter 10 Signs CHAPTER 10 SIGNS

SAGINAW CHARTER TOWNSHIP COUNTY OF SAGINAW ORDINANCE NO. 04- AN ORDINANCE TO REGULATE SIGNS LOCATED IN THE TOWNSHIP, EXCLUDING BILLBOARD SIGNS

A. For purposes of this Chapter, the following abbreviations, terms, phrases and words shall be defined as specified in this section:

--- (11) --- (Ord. No. 1266, 2, ) Chapter SIGNS Purpose Definitions. Page 1. Sections: FOOTNOTE(S):

Effective Date: August 14, 2008 Article 9 Signs ARTICLE 9 SIGNS

6. Wall signs shall not extend above the second story windowsill or extend above the roofline, whichever is lower.

ARTICLE 22 SIGNS AND OUTDOOR ADVERTISING STRUCTURES

ARTICLE 9 SIGNS. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article:

FENCE PERMIT APPLICATION

ARTICLE V SUPPLEMENT REGULATIONS

Guilford Planning and Zoning Sign Permit Application Permanent Sign. (Submit Three copies plus fee of $50.00 per sign)

A. ARTICLE 18 - SIGNS

Charter Township of Fort Gratiot Sign Ordinance

COMMON SIGN INFORMATION SUMMARY

Section XXIV Signs (including Banners, Flags, and Temporary Signs)

A G E N D A Planning Commission October 5, 2015

CHAPTER 19 SIGNS AND BILLBOARDS

B) Signs, Canopies, Awnings and Billboards-Definitions. The following definitions are used in this Chapter:

CITY OF PITTSFIELD SIGN ORDINANCE

Larimer County Planning & Building Dept. Procedural Guide for NON-RESIDENTIAL DISTRICT SIGNAGE Information and Requirements

Chair Mark Seifert Presiding. 1. Roll Call. 2. Approval of Agenda. 3. Recognition by Planning Commission of Interested Citizens.

Chapter 24 SIGNS. C. To provide for the enforcement of the provisions of this Zoning Resolution.

Commercial Requirements Packet Sheridan, Indiana Hamilton County

TOWN OF SARATOGA PO BOX 486 PHONE: APPLICATION FOR SIGN PERMIT

Chapter 19. Signs. Part 1 Billboards and Signs Signs General Regulations Penalty for Violation Grandfather Clause

CHAPTER 21.10: SIGNS...485

This Ordinance is adopted under the authority and provisions of the General Statutes of North Carolina, Article 6, Chapter 153A 121.

BOARD OF ADJUSTMENT MEETING CITY OF ST. PETE BEACH

13 NONCONFORMITIES [Revises Z-4]

ORDINANCE NO Regulations governing the usage, size, format and location of business signs and outdoor advertising throughout the City

SECTION 10 SIGN REGULATIONS

Prepared for the Board of Directors of the Green Trails Improvement Association. July, 1981

TOOELE COUNTY LAND USE ORDINANCE CHAPTER 4 Page 1

ARTICLE 9 SIGNS. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article:

CITY OF DERBY MEETING OF THE BOARD OF ZONING APPEALS REGULAR MEETING January 14, :30 PM MEETING MINUTES

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER RE

APPLICATION OF THIS CHAPTER RELATIONSHIP OF THIS CHAPTER TO STATE LAW... 4

ART. I STATEMENT OF PURPOSE

SECTION 10 SIGN REGULATIONS

Sign Regulations Recommendations

Eliminate potential conflicts between business signs and traffic control signs, which could create confusion and hazardous consequences.

\ Terry Schneider, Mayor

Signs. Chapter VII VII - 1. Chapter VII Signs. 1. Intent. 2. Definitions

1 st Hearing: 2 nd Hearing: Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION PROPERTY INFORMATION

PLN-TXT Chesapeake Sign Regulation Amendments. Frequently Asked Questions

CASCADE CHARTER TOWNSHIP

CITY OF APALACHICOLA ORDINANCE

ARTICLE 15. RULES, REGULATIONS AND DEFINITIONS

CITY OF BATAVIA. Staff and CDC Recommendation. Staff and the Community Development Committee recommend approval of draft Ordinance as presented.

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW \. '}.:".. The Council of the Corporation of the City of Brampton ENACTS as follows:

ZONING ORDINANCE FOR THE ZONED UNINCORPORATED AREAS ARTICLE 1400 OF PUTNAM COUNTY, WEST VIRGINIA Page 129 ARTICLE 1400 SIGNS

Transcription:

GODDARD CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS Agenda 118 North Main, Goddard, KS Monday, April 11, 2016 7:00 P.M. A) Call to Order B) Pledge of Allegiance and Invocation C) Approval of the Agenda D) Citizen Comments E) Approval of Minutes E.1 Regular Meeting: March 14, 2016 F) Board of Zoning Appeals F.1 Public Hearing BZA 2016 01 Request for Conditional Use Permit Sales of New Products Outdoor Storage Buildings G) Old Business H) New Business I) Staff Reports J) Commissioner Comments K) Adjournment Agenda Subject to Revision. Next Regular Meeting of the Planning Commission is scheduled for May 09, 2016.

Item E.1 MINUTES REGULAR MEETING GODDARD PLANNING COMMISSION/BOARD OF ZONING APPEALS 118 North Main St., Goddard City Hall March 14, 2016 A. CALL TO ORDER: The Goddard City Planning Commission/ Board of Zoning Appeals met in a Regular Session on Monday, March 14, 2016 at 7:00 p.m. Chairman Doug VanAmburg called the meeting to order. Commissioners Doug VanAmburg, Doug Hall, Ed Knox, Shane Grafing, and Brad Cline were present. Commissioners Darrin Cline and Justin Parks were absent. City staff present: Kelly Bergeron, Director of Community Development. B. PLEDGE OF ALLEGIANCE AND INVOCATION: Chairman Doug VanAmburg led the Commission in the Pledge of Allegiance and the Invocation. C. APPROVAL OF THE AGENDA: Bergeron presented the agenda. Commissioner Ed Knox made a motion to accept the Agenda as presented. Commissioner Doug Hall seconded the motion. Motion carried 5 0. D. CITIZEN COMMENTS: No citizen comments were made. E. APPROVAL OF MINUTES: Kelly Bergeron presented the meeting minutes from the regular meetings of February 08, 2016. Commissioner Ed Knox moved to approve the minutes as presented. Commissioner Shane Grafing seconded the motion. Motion carried 5 0. F. BOARD OF ZONING APPEALS: No business was presented to the Board of Zoning Appeals. G. OLD BUSINESS: No old business was presented. H. NEW BUSINESS: H.1: Zoning Code Update: Review and Discussion of Articles 1, 2, 9, 11, 12, and Site Plan Review Criteria: Kelly Bergeron presented the Commission with draft edits to the current zoning code Articles 1, 2, 9, 11, 12, and Site Plan Review Criteria. Commissioners discussed the proposed edits and agreed to the suggested additions and changes. Bergeron reported that the site plan review criteria will be rolled into the current articles, instead of staying a stand alone document. I. STAFF REPORTS: Kelly Bergeron briefly reviewed the staff report included in the agenda packet and asked Commissioners to note important upcoming dates. J. COMMISSIONER COMMENTS: Commissioner Ed Knox requested staff check the doggie bag holders at Means Park and refill them for the start of the spring season. K. ADJOURNMENT: Commissioner Ed Knox moved to adjourn the meeting at 7:45 p.m. Commissioner Shane Grafing seconded the motion. Motion adopted 5 0. Meeting adjourned at 7:45 p.m. Kelly Bergeron, Community Development Director Minutes Pending Approval at the April 11, 2016 Planning Commission Meeting. 2

Item F.1 TO: SUBJECT: City of Goddard Goddard Planning Commission / Board of Zoning Appeals Monday, April 11, 2016 7:00 PM Planning Commission/Board of Zoning Appeals Public Hearing Consider a Request for Conditional Use Permit Outdoor Display Sales of New Products (Storage Buildings) located at 20611 W. Kellogg, Goddard KS 67052 INITIATED BY: Kelly Bergeron, Community Development Director/Zoning Administrator AGENDA: Board of Zoning Appeals Background: On March 14, 2016 the City of Goddard received an application for a Conditional Use Permit from the owner of property generally located at 20611 W. Kellogg, Goddard KS 67052. The legal description of the property is: Lot 1, Exc Beg SW Cor N. 96 Ft. E 45 FT, S 96 FT. W to Beg Block C, Pruitt Addition. The leasee of the property, Tyler Carselowey with Kansas Outdoor Structures, wishes to place premade storage buildings (sheds) along the Kellogg frontage of the property, out of the rightof way, for display sales. A few pictures of the proposed storage building is included as Attachment B. Analysis: The property is currently zoned C 2 General Business District. Goddard Zoning Code, Article 4, Section 105, C, Conditional Uses in a C 2 District states: This district is established to provide for retail businesses and for service establishments not generally in the Central Business District an allowed Conditional Use for this property is listed in section C.7: New and used outdoor sales lots. The application requests consideration of a Conditional Use Permit to allow for new products sales and outdoor displays of the model outdoor storage buildings. The sheds will be placed behind the 35 set back requirement from the property line along Kellogg. Review Criteria: Goddard Zoning Code Article 11 Section 100 H establishes review criteria for the Board of Zoning Appeals to consider when making a recommendation to the City Council for a Conditional Use permit. The Article states that of the factors considered as relevant to the request, not all factors need to be given equal consideration by the Commission when deciding upon its recommendation. As a reminder, City staff s role is to maintain the process of the public hearing and provide expertise on the project and its ability to meet the criteria as designated below. Zoning Code 3

states that the recommendation of the Commission should be based upon and use the following criteria as guidelines. Staff commentary on each criterion s application to this request is listed in italics. 1. What are the existing uses and their character and condition on the subject property and in the surrounding neighborhood? The subject property is currently a vacant lot covered in grass. The businesses and residential areas surrounding the lot are in fair condition. 2. What is the current zoning of the subject property and that of the surrounding neighborhood in relation to the request? The current zoning of the subject property is C 2, Central Business District. The north side of the property abuts Kellogg/US 54/400 highway. The east side of the property abuts a single family property zoned as R 1, Single Family Residential. On the South the property adjoins three single family residences across 7 th /Spruce Street zoned as R 1. On the West, across Walnut Street, is a liquor store; the property is zoned as C 2. 3. Is the length of time that the subject property has remained undeveloped or vacant as zoned a factor in the consideration? N/A 4. Would the request correct an error in the application of these regulations? No errors have been made in assigning a district to the property. 5. Is the request caused by changed or changing conditions in the area of the subject property and, if so, what is the nature and significance of such changed or changing conditions? None. 6. Does adequate sewage disposal and water supply and all other necessary public facilities including street access exist or can they be provided to serve the uses that would be permitted on the subject property? N/A 7. Would the subject property need to be platted or re platted or in lieu of dedications made for rights of way, easements, access control or building setback lines? N/A 8. Would a screening plan be necessary for existing and/or potential uses of the subject property? N/A 9. Is suitable vacant land or buildings available or not available for development that currently has the same zoning as is requested (if a change of zoning requrest)? N/A 4

10. If the request is for business or industrial uses, are such uses needed to provide more services or employment opportunities? N/A 11. Is the subject property suitable for the uses in the current zoning to which it has been restricted? Yes. 12. To what extent would the removal of the restrictions, i.e., the approval of a zoning request, detrimentally affect other properties in the neighborhood? As no permanent structures are being added to the property it is the City s opinion that there will be no detrimental effects to the surrounding neighborhood. 13. Would the request be consistent with the purpose of the zoning district classification and the intent and purpose of these zoning regulations? Yes. 14. Is the request in conformance with the Comprehensive Plan and does it further enhance the implementation of the Plan? The Comprehensive Plan specifies that the future needs forecast for Commercial property (Commercial Uses Section on Page 61 of the plan) states much of the future growth in commercial acreage is expected to occur along the highway corridor as has been the historical pattern. In this respect, a cohesive highway corridor location will be preferable to allowing commercial intrusions into neighborhood expansion areas. 15. What is the nature of the support or opposition to the request? Nineteen (19) property owners were within the required 200 foot notification area adjoining the subject property. To date staff has received four inquires; three by phone and one in person at City Hall. Three inquires simply wanted to know why the received a certified letter; after background information was provided they expressed satisfaction and stated they had no objections. The remaining inquiry did not express support or dissent of the project, but is concerned about access to the property and asked if consideration might be given to blocking off the Kellogg entrance to avoid higher speed collisions. 16. Is there any information or are there recommendations on this request available from professional persons or persons with related expertise which would be helpful in its evaluation? The City of Goddard has retained professional staff in the form of a City Administrator, Director of Community Development, and City Engineer to help assist public officials with matters such as this and provide their professional opinions. 17. By comparison, does the relative gain to the public health, safety, or general welfare outweigh the loss in property value or the hardship imposed upon the applicant by not approving the request? Staff feels that the public health, safety, or general welfare are not greatly affected by the requested Conditional Use. 5

Actions: The Planning Commission/Board of Zoning Appeals may: 1. Approve a recommendation to the Governing Body (City Council) to approve the request for Conditional Use for sales of new products; 2. Deny the request for Conditional Use (this must be justified through use of the 17 zoning criteria requirements previously listed); 3. Table the matter for future consideration. Recommendation: It is staff s recommendation that the Planning Commission/ Board of Zoning Appeals approve a recommendation to the Governing Body (City Council) granting the request for Conditional Use as submitted, with consideration for blocking off the entrance to the property from Kellogg due to concerns regarding traffic accidents. Attachments: A. Application for Conditional Use B. Example Pictures of Proposed Display Units C. Ariel view of 20611 W. Kellogg showing property location D. Public Notification Letter mailed March 18, 2016 6

7 Attachment A

8 Attachment A (Cont d)

Attachment B Examples of Proposed Outdoor Storage Buildings 9

10 Attachment C

Attachment D GODDARD CITY BOARD OF ZONING APPEALS OFFICIAL NOTICE OF PUBLIC HEARING Monday, April 11, 2016-7:00 p.m. Goddard City Hall 118 N. Main St. TO WHOM IT MAY CONCERN AND TO ALL PERSONS INTERESTED: As owner of record of property within 200 feet of the location referenced below, NOTICE IS HEREBY GIVEN that on Monday, April 11, 2016, the Goddard Board of Zoning Appeals will hold a public hearing at 7:00 p.m., in the City Council Chambers at Goddard City Hall, 118 North Main, Goddard, Kansas, to consider a request for a Conditional Use Permit, case # BZA-2016-01, for sales of new products, specifically small outdoor storage buildings (sheds), as required by the Goddard City Zoning Code. The request is for the following address: 20611 W. Kellogg., Goddard KS 67052 You may appear at this time either in person or by agent or attorney, if you so desire, and be heard on the matter. After hearing the views and wishes of all persons interested in the cases, the Board of Zoning Appeals may close the hearings and consider recommendations to the Governing Body. The public hearing may be recessed and continued from time to time without further notice. If you are unable to attend the meeting you may submit your comments in writing to the undersigned and those comments will be presented to the Board of Zoning Appeals during the public hearing. A complete application is on file at Goddard City Hall, 118 N Main St. Goddard, KS 67052 and may be inspected during general business hours of 8:00 a.m. 4:30 p.m. Monday Friday. If you have any questions concerning this application please feel free to contact the undersigned at Goddard City Hall, 118 North Main St.; via phone at (316) 794-2441; or via email at kbergeron@goddardks.gov. DATED this 18 th day of March, 2016 /s/kelly Bergeron Director of Community Development, Zoning Administrator City of Goddard 11

Item I City of Goddard Goddard Planning Commission / Board of Zoning Appeals Monday, April 11, 2016 7:00 PM TO: Planning Commissioners / Board of Zoning Appeals SUBJECT: Staff Reports INITIATED BY: Kelly Bergeron, Director of Community Development AGENDA: Staff Reports Staff submits the following reports to the Goddard Planning Commission/Board of Zoning Appeals. Goddard Destination Development: Design is progressing on the roadway improvement and utility stubs. Below is the timeline for the project; please note that this schedule does not anticipate weather delays for construction and/or permitting delays that might be experienced through KDHE. Final Design & Permitting April 1 st Bid Solicitation April 5 th April 26 th Bid Opening April 26 th Award Bid May 2 nd Preconstruction Conf. May 23 rd Begin Construction May 31 st Substantial Completion July 15 th Final Completion August 1 st The Assembly At Goddard (TAAG) Church: Construction continues at the site for the new TAAG Church. As noted in last month s report, the address for the church has been changed to 20700 W. Kellogg Dr. to correct an error that occurred during the lot split of the property and the adjoining residential property many years ago, giving both buildings the same address. The Planning Commission and City Council approved the site plan and building plans for this project in July 2015. 2016 Zoning Map: The City Council adopted an updated 2016 Zoning Map on March 21, 2016. The new map reflects several changes that have occurred in the City since the last update of the map in 2014. The new map is included in the packet following this agenda report and is also available in the Planning Commission Drop Box folder. Monument Signage: At the March 21 st City Council meeting the Council approved an ordinance that amended Article 7 of the City Zoning Code to comply with a 2015 Supreme Court ruling decision in the Reed V. Town of Gilbert AZ decision, which created a standard for cities for signage and prevents cities from regulating content, but requiring cities to regulate style and structure. The new Article 7 is 12

included this report in the agenda packet for your reference and will be the new Article 7 in the updated zoning code. Neighbor s United April 23 rd : The Young Professionals of Goddard (YPG), a newly formed group under the umbrella of the Goddard Chamber, is working to collaborate with other community partners to plan a community wide clean up and repair day called Neighbors United. The school district has involved the STUCO s from both high schools, Pathway Church for their volunteer group, and the City Community Development Department to assist in locating community members in need. The Chamber is planning to hold their annual Highway Clean Up and downtown planting that day as well. The City will sponsor the annual Saturday spring cleanup event with the dumpsters that same day to create more synergy around the event and truly clean up the whole community. Upcoming Meetings and Events: April 11, 2016: Planning Commission BZA Meeting April 15, 2016: Jazz in the Park April 18, 2016: City Council Meeting April 23, 2016: Neighbor s United Spring Clean Up Event May 02, 2016: City Council Meeting May 09, 2016: Planning Commission BZA Meeting May 14, 2016: EHS & GHS Graduations Ceremonies May 16, 2016: City Council Meeting May 19, 2016: Goddard Public Schools Last Day of School for Students May 21, 2016: Western Sedgwick County Trail Tour (Cities of Goddard & Garden Plain) August 02, 2016: National Night Out September 30 October 01, 2016: Fall Festival 13

SHEET 2016 OFFICIAL ZONING MAP GODDARD, KANSAS OFFICIAL COPY OF ZONING DISTRICT MAP INCORPORATED INTO ZONING REGULATIONS BY ADOPTION OF ORDINANCE NO. 599 BY THE GOVERNING BODY OF THE CITY OF GODDARD, KANSAS EFFECTIVE DATE: MARCH 2, 2016 MAYOR MARCEY GREGORY "R-1" SINGLE-FAMILY RESIDENTIAL "R-3" MULTIPLE-FAMILY RESIDENTIAL ATTEST: CITY CLERK "R-1A" SINGLE-FAMILY RESIDENTIAL (1,200 S.F.) "R-1B" SINGLE-FAMILY RESIDENTIAL (1,500 S.F.) "C-1" CENTRAL BUSINESS DISTRICT "C-2" GENERAL BUSINESS DISTRICT C E D REV. DATES: 10-2-06, 12-4-06, 12-18-06, 02-15-13, 02-19-14 ZONING MAP PREPARED 02/17/16 BY: "R-2" TWO-FAMILY RESIDENTIAL "PUD" PLANNED UNIT DEVELOPMENT RESIDENTIAL "I-1" INDUSTRIAL DISTRICT TOTAL 1 1 14

THE CITY OF GODDARD, KANSAS ORDINANCE NO. 783 AN ORDINANCE REGULATING SIGNAGE WHEREAS, the Governing Body of the City of Goddard, Kansas desires to enhance the aesthetic quality of the City; and WHEREAS, the current laws governing signs in the City may contain distinctions based on the content of the sign, which distinction was drawn into question by the United States Supreme Court in Reed v. Town of Gilbert, Arizona; NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GODDARD, KANSAS: Section 1. Amending Article 7 of Goddard Zoning Code: Article 7, of Goddard Zoning Code, shall be amended to read as follows: ARTICLE 7. SIGNS 100 Sign Permits. No sign, except for signs listed in Section 7-103, shall be constructed, erected, enlarged, relocated or structurally altered until a zoning permit for such sign has been obtained in accordance with the procedure set out in Article 9 of these regulations. No zoning permit for any sign shall be issued unless the sign complies with the regulations of this Article 7. All signs lawfully existing at the time of passage of these regulations may remain in use, but the sign must conform to these standards no later than December 31, 2021. The purpose of this article is to safeguard the public use of the streets and the sidewalk area and to equitably enhance the public use of the streets and the sidewalk area and to equitably enhance the visual environment. (See Section 2-102 for definition of SIGN.) (See K.S.A. 68-2231, et seq. for state sign regulations.) 101 Classification of Signs. A. Types. 1. Awning, Canopy or Marquee Sign: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by these regulations. No such sign shall project further below than seven feet from the ground level or beyond the physical dimensions of the awning, canopy or marquee. 2. Monument Sign: Any sign placed upon, or supported by, the ground independent of the principal or accessory buildings or structures on the property, with little or no open space between the ground and the sign and having a structure of masonry, wood, or materials similar in appearance as approved by the building official. To 15

qualify as a monument sign, the base material must be at least 50% the length and width of the display area of the sign. 3. Projecting Sign: A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building. 4. Roof Sign: A sign totally supported on the roof of a building which does not project more than 12 inches beyond the face of the structure. 5. Temporary Sign: A sign in the form of a banner, pennant, valance or advertising display constructed of fabric, cardboard, wallboard or other lightweight materials, with or without a frame, intended for temporary display of not more than four days at a time. 6. Wall Sign: A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve inches from such building. 102 General Standards. A. Gross Surface Area of Sign. The entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between any adjacent elements of same. Such limits of such sign and which do not form an integral part of the display. When two or more signs are located on a zoning lot, the gross surface area of all signs on the lot shall not exceed the maximum gross surface per street frontage set by the applicable district regulations., except as is provided by Section 7-102B. Signs on interior lots which may be viewed from both directions of the adjacent street are considered to have a single gross surface area. B. Corner and Through Lots. On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phased in terms of the number of signs per zoning lot shall be deemed to permit the allowable number of signs to face each street or highway that abuts the lot. C. Height of Sign. The maximum height of signs shall be measured from ground level at the base of or below the sign to the highest element of the sign and shall be determined for purposes of Article 7 as independent from the maximum structure height for zoning districts. 16

D. Building and Electrical Codes Applicable. All signs must conform to the structural design standards of any applicable building code. Wiring of all electrical signs must conform to any applicable electrical code. E. Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any brightly illuminated sign, located on a lot adjacent to or across the street from any residential district, which is not otherwise shaded and visible from such residential district, shall not be illuminated between the hours of 11 P.M. and 7 A.M. F. Flashing or Moving Signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights or signs which create the illusion of movement shall be permitted in any residential district. (See Section 2-102 for definition of SIGN.) G. Metal and Nonmetal Signs. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of eight feet. Accessory lighting fixtures attached to a nonmetal frame sign shall also maintain a clearance of eight feet to grade. Metal or nonmetal signs, whether illuminated or not, shall maintain a clearance of at least seven feet underneath awnings, canopies or marquees. H. Access Way or Window. No sign shall block any access way or window required by and applicable building, housing, fire or other codes or regulations. I. Signs on Utility Poles. No sign shall be attached to a utility pole without prior written approval of the utility company that installed or maintains the pole. J. Traffic Safety. 1. No sign shall be maintained at any location where by reason of its position, size, shape or color; it may obstruct, impair, obscure, interfere with the view of, or be confused with; any traffic control sign, signal or device: or where it may interfere with, mislead or confuse traffic. 2. No sign shall be located in any vision triangle as defined in Section 2-102, except official traffic signs and signs mounted eight feet or more above the ground whose supports, not exceeding two, do not exceed 12 inches at the widest dimension and, thus, do not constitute an obstruction. K. Location. No sign or structure thereof shall be permitted on a public right-of-way or public easement. No sign shall be permitted to project over a public right-of-way or public easement, except with the approval of the Board of Zoning Appeals as a conditional use, or as a permitted use in the C-1 Central Business District. 1. Any unauthorized sign placed on public property, including the public street rightof-way, is declared to be a public nuisance and be the cause of its removal and 17

impoundment without notice. If not redeemed within 30 days by the owner paying a service charge, the City may dispose of the sign in any manner deemed appropriate. The Zoning Administrator may revoke the permit for any sign deemed to be in violation of Section 7-102L or of any condition on which the permit was based and order its removal within a reasonable period consistent with public safety. L. Portable Signs. The following provisions apply to portable signs: 1. Definition: A portable sign is defined as a temporary on-site sign designed in such a manner as to be readily movable and not permanently attached to the premises, such as A-frames, trailer signs, signs placed on vehicles, beacon lights and other similar signs. Removal of any wheels shall not change the definition of being readily removable. 2. Prohibited Signs: Portable signs are prohibited to preserve the visual appearance of the City and promote traffic safety. 3. Amortization of Signs: Any portable sign legally in existence on the effective date of this amendment to these regulations shall be allowed to remain at the same location until December 31, 2005 as a legal nonconforming use in order to amortize the cost of the sign at the location. Upon expiration of the effective date of this amendment, any portable sign remaining shall be declared unauthorized and become subject to removal as a violation of the zoning regulations. M. Damaged or Unsafe Signs. The Zoning Administrator shall require the immediate repair or removal of any conforming or nonconforming sign or sign structure which has been damaged or deteriorated so as to become a public hazard. Any such damaged sign or sign, must be repaired or removed so as to conform to the current regulations. 103 Exemptions. A. The following signs shall be exempt from the requirements of this Article: 1. Signs of duly constituted governmental body including school districts such as traffic or similar regulatory devices, legal notices, warnings at railroad crossings, identification purposes and other instructional or regulatory signs having to do with health, safety, parking, swimming, dumping, etc. 2. Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organization, when displayed on private property. 3. Small signs, not exceeding five square feet in gross surface area, displayed on private property. 18

4. Address numerals and other signs required to be maintained by law, rule or regulation; provided, that the content and size of the sign does not exceed such requirements. 5. Scoreboards in athletic fields or stadiums. B. The following signs are exempt from the zoning permit requirements of Section 7-100, but shall comply with all of the other regulations imposed by this Article. 1. Nameplate signs not exceeding two square feet in gross surface area accessory to a residential building, including all types of manufactured and mobile homes. 2. Identification signs not exceeding 40 square feet in gross surface area accessory to a multiple-family dwelling. 3. Bulletin board signs not exceeding 40 square feet in gross surface area accessory to a church, private school, or public or nonprofit institution. 4. Temporary signs which do not exceed 24 square feet in gross surface area and are displayed not more than four times per calendar year. 104 District Regulations. A. R-1, R-2 and R-3 Residential Districts. 1. Types Permitted: a. Monument signs. b. Wall signs. 2. Maximum Gross Surface Area. a. 16 square feet in R-1 and R-2 districts and 40 square feet permitted in the R-3 District. 3. Maximum Height: 10 feet; provided, that signs associated with one and two-family dwellings and all types of manufactured and mobile homes shall not be located at a height greater than eight feet above ground floor elevation. 4. Required Setback: 10 feet from the front lot line, and none from the side yard setbacks. (See Section 7-102K for Location of Signs.) 19

5. Illumination: No sign shall be illuminated, other than by incandescent or fluorescent light. B. C-1 Central Business District. 1. Types Permitted: a. Monument Signs b. Wall Signs c. Projecting Signs d. Roof Signs 2. Number of Signs Permitted: One of each type per zoning lot. (See Section 7-102B for Corner and Through Lots.) 3. Maximum Gross Surface Area: Two square feet of sign area for each one foot lineal street frontage; provided, that no single sign shall exceed a gross surface area of 100 square feet. 4. Maximum Height: 10 feet, if free-standing, or, the highest point of the roof line of the principle structure, if mounted on or against a building. 5. Required Setback: No minimum required. 6. Illumination: Illuminated signs shall be permitted. C. C-2 General Business District. 1. Types Permitted: a. Monument signs b. Wall Sign c. Roof Signs 2. Number of Signs Permitted: One of each type per zoning lot plus one additional sign for each free standing principle building if used for a monument sign. (See Section 7-102B for Corner and Through Lots.) 3. Maximum Gross Surface Area: Three square feet of sign area for each one foot lineal street frontage; provided, that no single sign shall exceed a gross surface area of 150 square feet. 4. Maximum Height: 10 feet, except that roof signs may not exceed a height of five feet above the highest point of the roof line. 5. Required Setback: No minimum required. 20

6. Illumination: Illuminated signs shall be permitted. D. I-1 Industrial District. 1. Types Permitted: Any types listed in Section 7-101 2. Number of Signs Permitted: No limitation. 3. Maximum Gross Surface Area: Three square feet of sign area for each one foot lineal street frontage; provided, that no single sign shall exceed a gross surface area of 200 square feet. 4. Maximum Height: a. Wall and roof signs: Five feet above the highest point of the roof line on which such sign is located. b. All other signs: 25 feet. 5. Required Setback: No minimum required. 6. Illumination: Illuminated signs shall be permitted. Section 2. Repeal: The existing Article 7 of the Goddard Zoning Code is repealed. Section 3. Effective Date: This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this 21st day of March 2016. Approved by the Mayor this 21st day of March 2016. MAYOR, MARCEY GREGORY 21