ORDINANCE NO. 9464

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER V, ARTICLE 18, SECTIONS 5-1827 AND 5-1831 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO SIGNS, AND REPEALING EXISTING SECTIONS 5-1827 AND 5-1831.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Section 5-1824 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

5-1827             APPEALS.

(a)        Any Person aggrieved by a decision of the Code Official, the Director, or the Monument Design Review Committee related to any Sign Contractor License, Sign Permit, Notice and Order, or Regulatory Construction, shall have the right to appeal such decision to the Sign Code Board of Appeals. All such appeals shall be made by filing with the Director a written Notice of Appeal, within 14 days of the decision being appealed. The Notice of Appeal shall state concisely the decision being appealed and why the appellant believes the decision is in error or otherwise in violation of the Sign Code or other pertinent law.

(b)        In accordance with the Department’s submittal deadlines, the Director of Planning and Development Services shall schedule all appeals for hearing by the Sign Code Board of Appeals. At such hearing, the appellant shall bear the burden of proof. To prevail on appeal, the appellant must prove that it is more probably true than not true that, under the Sign Code or existing law, the decision of the Code Official, the Director, or the Monument Design Review Committee is erroneous. If it fails to take formal action at the public hearing, the Sign Code Board of Appeals shall, no later than 30 days after the public hearing, issue its final order, which shall be transmitted to the appellant.

(c)        There shall be a $25.00 non-refundable Docketing Fee due and payable at the time that any Notice of Appeal is filed.

(d)        The filing of a timely Notice of Appeal shall, except in cases of exigent circumstances or for Notices and Orders issued under Section 5-1824(a)(2) or Section 5-1824(f)(2) of this Article, stay any administrative enforcement action under this Article until the Sign Code Board of Appeals has issued its final order.

(e)        The final order of the Sign Code Board of Appeals shall be the final decision of the City. Any appellant aggrieved by a final decision of the Sign Code Board of Appeals shall have the right, in accordance with state law, to appeal that final order to the District Court of Douglas County, Kansas.

SECTION 2. Section 5-1831 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

5-1831             UNLAWFUL ACTS.

(a)        It shall be unlawful for any person to install, erect, construct, hang, or alter (including the change of any Sign Copy or Sign Face) any Permanent Sign within the City, unless otherwise exempt under this Article, without first obtaining from the City a Sign Permit as required by Section 5-18043 of this Article.

(b)        It shall be unlawful for any person to install, erect, construct, or hang any Temporary Sign within the City, unless otherwise exempt under this Article, without first obtaining from the City a Sign Permit as required by Section  5-18043 of this Article. It shall also be unlawful for any person to install, erect, construct, or hang any Temporary Sign in violation of Section              5-1818(e) or Section 5-1919(d) of this Article or any other provision of this Article.

(c)        It shall be unlawful for any person to install, erect, construct, hang, or alter (including the change of any Sign Copy or Sign Face) any Sign in behalf of another person, unless otherwise exempt under this Article, without first obtaining from the City a Sign Contractor License as required by Section 5-1813 of this Article.

(d)        It shall be unlawful for any Person to knowingly violate any other provision of this Article.

SECTION 3. Existing Chapter V, Article 18, Sections 5-1827 and 5-1831 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, are hereby repealed in their entirety, it being the intent of the Governing Body that Sections 1 through 2, inclusive, of this Ordinance supersede them.

SECTION 4. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 5. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____day of June 2018.

APPROVED:

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Stuart Boley

                                                                                    Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________                      

Toni R. Wheeler                                                        

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return Proof of Publication to the City Clerk and one to the City Attorney.