§ 24.04.251. Sign code adjustments.

1.

Authority. The Planning Director, with the concurrence of the Zoning Administrator, shall have the authority to approve applications for Sign Code Adjustments.

2.

Types of Adjustments Allowed. Sign Code Adjustments shall be limited to the following:

a.

Reducing the minimum allowed distance required between On-Site Ground, Monument or Pole Signs by up to one-third;

b.

Increasing the maximum allowed height of On-Site Ground, Monument or Pole Signs, or of Building or Wall Signs, by up to twenty-five (25) percent;

c.

Increasing the maximum allowed size of individual building or wall signs or of the total allowed Building Sign wall elevation coverage by up to twenty-five (25) percent;

d.

Increasing the maximum number of allowed Building or Wall Signs per any elevation by up to one (1) in the NO, GO, NR, OW or IP Zoning Districts, or up to two (2) such signs per any elevation in the LC Zoning District.

e.

Reducing the minimum allowed depth of parking, loading or open space area required in the LC Zoning District for Building or Wall Signs on elevations not having Street Frontage;

f.

Allowing structurally altered legal Non-Conforming On-Site Pole, Ground or Monument Signs to be structurally altered at their existing base or pole structure location provided that the extent of Non-Conforming Sign height or sign size is reduced;

g.

Allowing legal Non-Conforming Off-Site Pole, Ground or Monument Signs to be structurally altered to an extent exceeding fifty (50) percent of the sign's structural value or to an extent that includes repairs or modifications exceeding fifty (50) percent of the of the sign's structure, at their existing base or pole structure location provided the number of main support poles or pylons are reduced to a single support pole or pylon, or the extent of Non-Conforming Sign height or sign size is reduced;

h.

Increasing the maximum allowed height of Ground, Monument or Pole Signs for On-Site or Off-Site Signs located within seventy-five (75) feet of a Zoning Lot line that directly abuts the Right of Way of an elevated portion of a highway structure to a height at the top of the sign that does not exceed twenty (20) feet above the height of the top of the highest railing or barrier along the traffic deck or decks within the Right of Way at a point perpendicular the sign.

i.

Allowing Variable Message or Electronic Message Signs for Institutions located in any residential Zoning District, or in any "NO", "GO", "NR", "OW" or "IP" Zoning Districts.

j.

Allowing Off-Site Signs that do not exceed one hundred (100) square feet in area or twenty-five (25) feet in height, provided that the sign for the business being advertised is located on a Zoning Lot that abuts or is adjacent to the Zoning Lot on which the advertised business is located, and on which the proposed Off-Site Sign would otherwise be allowed by the On-Site Sign regulations set forth in Sections 24.04.193, 24.04.199 or 24.04.221.

k.

Increasing the maximum distance that a Temporary Sign may be placed from a subdivision, as set forth in Section 24.04.190.6.i.(1), by up to twenty-five (25) percent.

l.

Increasing the maximum night time brightness and/or light intensity of allowed Electronic Message Signs, as set forth in Section 24.04.220(p), up to a maximum of 4,000 Nits.

3.

For signs not located within an approved Community Unit Plan (CUP), Planned Unit Development (PUD) or Protective Overlay (PO), or located within a CUP, PUD or PO wherein the CUP, PUD or PO provisions and/or conditions refer only to signs as allowed or permitted by the Sign Code, the applicant requesting a sign adjustment may file a variance request to the Board of Zoning Appeals pursuant to Art. V.G of the Wichita-Sedgwick County Unified Zoning Code if the adjustment request is denied, or when such adjustment request has been approved with conditions or modifications that are unacceptable to the applicant. The filing fee for any sign adjustment shall be applied toward the filing fee for any variance request.

4.

For signs located within an approved Community Unit Plan (CUP), Planned Unit Development (PUD) or Protective Overlay (PO) wherein the CUP, PUD or PO provision and/or conditions set forth specific sign requirements for the CUP, PUD or PO, the applicant requesting a sign adjustment may file an amendment to the CUP, PUD or PO pursuant to Art. V.C or V.E of the Wichita-Sedgwick County Unified Zoning Code (UZC) if the adjustment request is denied or when such adjustment request has been approved with conditions or modifications that are unacceptable to the applicant. The filing fee for any sign adjustment shall be applied toward the filing fee for any amendment request.

5.

Appeals of approved sign adjustments by other than the sign adjustment applicant and/or property Owner may be taken to the Board of Zoning Appeals by filing an appeal with the Board of Zoning Appeals' Secretary within the time limit specified by the rules of the Board of Zoning Appeals, and in accordance with Art. V.F of the Wichita-Sedgwick County Unified Zoning Code (UZC).

6.

Sign Code Adjustment criteria. The Planning Director shall not approve a Sign Code Adjustment if the Planning Director finds that the proposed development:

a.

Creates more adverse impacts on existing uses in surrounding areas than those that might reasonably result from development of the site in strict compliance with the adjusted standard;

b.

Would not be compatible with existing or permitted uses on abutting sites, in terms of adjusted sign height or size, number of signs, sign bulk and scale, or minimum allowed depth of parking, loading or open space area required;

c.

Will be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the immediate vicinity for reasons specifically articulated by the Planning Director.

(Ord. No. 45-975 § 6; Ord. No. 47-542 § 6, 8-14-07; Ord. No. 50-439, § 46, 4-25-17)