CHAPTER XVI. UNIFIED DEVELOPMENT CODECHAPTER XVI. UNIFIED DEVELOPMENT CODE\ARTICLE 9. SIGNS

The purpose of this article is to provide standards to regulate the design, area, number, construction, location and installation of signs in order to help preserve and enhance the community. To carry out this general purpose, the regulations set forth herein are intended to:

(a)   Encourage well-maintained and attractive sign displays that meet the need for adequate business identification, advertising and communication.

(b)   Protect the public from hazards that result from signs that are structurally unsafe, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs.

(c)   Limit the proliferation of those signs that are accessory or carry messages other than the name or principal product or service located on the premises.

(d)   Encourage signs that are well designed and compatible with the surroundings and with the buildings that they are attached to or mounted on.

(Code 2016, Sec. 106-111)

(a)   Sign permit required. No sign shall hereafter be erected without first obtaining a sign permit. Applicants for a sign permit shall provide the information necessary (i.e. - plot plan, drawings, color sketch, etc., the planning director may require scaled structural plans) for a proper determination that the proposed sign conforms to the requirements of this Unified Development Code.

(b)   Procedure and fee. The applicant shall submit the sign permit application to the planning director to determine if the sign meets the requirements of this Unified Development Code. The planning director may than issue a permit for the sign upon payment of the appropriate fee.

(c)   Permit void for failure to erect. If a sign for which a permit is granted is not erected within 90 days from the date of issuance of the permit, said permit, unless renewed, shall be deemed void.

(d)   Signs not requiring permits. Permits shall not be required for a change of copy on a changeable copy sign, repainting, cleaning and other normal maintenance and repair of any sign and its structure provided no structural changes are made. A permit shall not be required for temporary signs, construction, real estate, and political signs and sign outlines in section 16-903, Exemptions.

(Code 2016, Sec. 106-112)

The following signs are exempt from the regulations of this article.

(a)   Public information sign. Municipal signs, legal notices, trespassing signs or signs to aid safety.

(b)   Information or direction signs. Such signs shall not contain any advertising copy and shall not exceed three square feet in area.

(c)   [Flags or emblems.] Flags or emblems of a governmental or of a political, civic, philanthropic, educational or religious organization.

(d)   Inside sign and vehicle sign. Any sign placed or painted on the inside of a building or outside of any vehicle.

(e)   Name plates and professional sign. Any name plate or professional sign attached directly to a wall of a building or other structure.

(f)    Commemorative sign. Memorial signs and tablets provided such signs only bear information relative to the commemorative building, person or event.

(Code 2016, Sec. 106-113)

(a)   Sign area. Sign area shall be calculated by including the entire area within a single continuous perimeter enclosing the extreme limits of the sign, exclusive of the base on which it is mounted or from which it is suspended. If more than one side of the sign is utilized as a sign, then only the largest side shall be computed. For computing the area of a wall sign, a rectangular figure which encompasses all of the sign copy shall be used.

(b)   Sign height. Sign height shall be measured from the ground at the base of the sign to the highest element of the sign.

(Code 2016, Sec. 106-114)

(a)   Height and setback requirements. No part of any sign shall extend over the property line, except in district C-1 a sign attached to the building may project a maximum of four feet over the abutting public sidewalk or established street grade. Any signs projecting over sidewalks shall have a minimum of eight feet of clearance, including awnings.

(b)   Illuminated signs. Illuminated signs shall be designed to reflect or direct light away from any residentially zoned property and to reduce glares or shines into the eyes of motorists or pedestrians.

(c)   Accessway or windows. No sign shall block any required accessway or window.

(d)   Electrically energized signs. Each illuminated sign shall comply with the Electrical Code of the city.

(e)   Sight triangle. No private sign or its supporting structure shall interfere with the line of vision between vehicular and pedestrian traffic and any official traffic sign or signal.

(f)    Right-of-way and easements. No sign shall be located within any right-of-way or public easement.

(g)   Sign design. All signs should be designed to fit the zoning and status character of the surrounding area. Any sign affixed to a building should be dimensioned and located in such a manner that it fits the building’s architectural features and proportions. Signs in or abutting residential properties should be designed and located so as not to create a residential nuisance.

(h)   Landscaping. Landscape features are encouraged as part of all ground mounted signs. Landscape plantings or other landscape materials will not be counted as part of the allowable signage.

(Code 2016, Sec. 106-115)

(a)   Signs for religious, institutional or educational facilities.

(1)   Each facility shall be allowed two monument signs.

(2)   Signs shall be located at least ten feet from all property lines.

(3)   The maximum sign height shall be eight feet.

(4)   The maximum sign area shall be 100 square feet.

(5)   Signs located in or abutting residentially zoned districts shall be illuminated by indirect incandescent or fluorescent lighting only.

(Code 2016, Sec. 106-116)

(a)   Home occupation sign.

(1)   Each home occupation shall be allowed one sign.

(2)   The sign shall not exceed two square feet in area.

(b)   Subdivision or development sign.

(1)   Each residential subdivision or development shall be allowed two monument signs denoting the name of the subdivision or development.

(2)   Such signs shall be located at a principle entrance to the development and shall not be place in any right-of-way.

(3)   The maximum sign height shall be eight feet.

(4)   The maximum sign area shall be 100 square feet.

(c)   Apartment development sign.

(1)   Each apartment development shall be allowed one monument sign.

(2)   The maximum sign height shall be eight feet.

(3)   The maximum sign area shall be 100 square feet.

(4)   The sign shall be located at least ten feet from all property lines.

(Code 2016, Sec. 106-117)

Each freestanding commercial building shall be allowed a total of two signs from the following. Each shopping or office center shall be allowed one monument denoting the name of the center, in accordance with the following regulations. Each business within the center shall be allowed one wall and one awning, canopy or marquee sign in accordance with the following regulations.

(a)   Wall sign.

(1)   The maximum sign coverage of one facade shall be 40 square feet.

(b)   Awning, canopy or marquee sign.

(1)   No sign shall project above, below or beyond the awning, canopy or marquee.

(c)   Monument sign.

(1)   Signs shall be located at least ten feet from all property lines.

(2)   The maximum sign height shall be eight feet.

(3)   The maximum sign area shall be 100 square feet.

(d)   Pole sign.

(1)   Signs shall be located at least ten feet from all property lines.

(2)   The maximum sign height shall be 30 feet.

(3)   The maximum sign area shall be 100 square feet.

(4)   The minimum clearance from the bottom of the sign shall be at least 15 feet above ground.

(5)   Prior to installing a pole sign the planning director may require the submission of plans prepared by a registered engineer which indicate wind tolerance, base construction and load capacity, etc.

(Code 2016, Sec. 106-118)

Each freestanding commercial building shall be allowed a total of three signs from the following. Each shopping or office center shall be allowed one monument or one pole sign denoting the name of the center, in accordance with the following regulations. Each business within the center shall be allowed one wall and one awning, canopy or marquee sign in accordance with the following regulations.

(a)   Wall sign.

(1)   The size of the sign shall not exceed ten percent of the wall area.

(b)   Awning, canopy or marquee sign.

(1)   No sign shall project above, below or beyond the awning, canopy or marquee

(c)   Monument sign.

(1)   Signs shall be located at least ten feet from all property lines.

(2)   The maximum sign height shall be eight feet.

(3)   The maximum sign area shall be 100 square feet

(d)   Pole sign.

(1)   Signs shall be located at least ten feet from all property lines.

(2)   The maximum sign height shall be 30 feet.

(3)   The maximum sign area shall be 150 square feet.

(4)   The minimum clearance from the bottom of the sign shall be at least 15 feet above ground.

(5)   Prior to installing a pole sign the planning director may require the submission of plans prepared by a registered engineer which indicate wind tolerance, base construction and load capacity, etc.

(Code 2016, Sec. 106-119)

Signs shall be allowed in accordance with the approved development plan.

(Code 2016, Sec. 106-120)

(a)   Special use permit. Billboards shall be allowed only if reviewed and approved with a special use permit pursuant to section 16-405, Special use permit applications, and in compliance with the following standards:

(1)   Billboards may be located only on lots contiguous to the right-of-way of Highway 54, Highway 169 and State Street (Old Highway 169) provided the sign is located within 100 feet of the nearest edge of the right-of-way and is visible from the highway.

(2)   Billboards shall only be located on lots zoned C-2 or I.

(3)   Billboards shall be located a minimum of 1,000 feet from any property lines abutting a residentially zoned district.

(4)   Billboards shall not be erected within 1,000 feet of any other billboard located on the same side of the highway. Such minimum spacing distance shall be measured along the centerline of the highway from a point opposite any edge of a billboard and perpendicular to the centerline of the highway.

(5)   Billboards shall not be erected within 1,000 feet of any highway interchange as measured from the centerline of the intersecting street along the centerline of the highway.

(6)   Billboards shall not be erected within a 500 foot radius of any billboard located on the opposite side of the highway right-of-way.

(b)   Size. The maximum gross area of the signboard face of any billboard shall not exceed 700 square feet and the height of any part of the signboard face shall not exceed 25 feet in height measured vertically from the lowest part of the signboard face.

(c)   Location. No billboard shall be attached to the roof or wall of any building.

(d)   Face. No new billboard shall be erected having more than one viewable sign face that is directed toward the same lane of traffic.

(e)   Illumination. Billboards may be illuminated by electrical lighting of the surface of the sign face; however, no flashing, blinking, or intermittent lighting of billboard sign faces shall be allowed.

(f)    Structure. A billboard is a structure for the purposes of this Unified Development Code, and all intensity, setback, and other zoning district regulations shall apply to the structure. The maximum height of the sign structure may not exceed 45 feet above the elevation of the highway as measured from the nearest point of the sign to the highway.

(g)   Service drives. All billboards must be accessible by a paved access drive that is internal to the lot or parcel on which the sign is located.

(h)   Permits. All billboard applications shall be accompanied by a permit for the proposed sign from the Kansas Department of Transportation.

(i)    Certifications. All billboards must have the certification of a professional engineer stating that the soil and subsurface is capable of accepting the projected load of the sign, that the electrical components are constructed pursuant to all codes, and that the structural strength of the sign is sufficient. All applications for billboards will be accompanied by a certified boundary survey prepared by a registered land surveyor that identifies the location of the proposed billboard and establishes that it complies with all required setbacks and distance requirements.

(Code 2016, Sec. 106-121)

(a)   General requirements for temporary signs. The following standards shall apply to all temporary signs unless otherwise stated.

(1)   Time. A temporary sign shall be displayed for a maximum of 21 days.

(2)   Size. A temporary sign shall be a maximum of 50 square feet in area.

(3)   Quality. All temporary signs shall be of professional quality.

(4)   Exceptions. Garage sale, yard sale, moving sale, auction signs, direction signs for parties, reunions, weddings, etc. do not need to comply with the temporary sign provisions provided the following:

(A)  All such signs are located on private property.

(B)  All such signs do not pose a health or safety hazard.

(C)  All such signs shall not be erected more than three days prior to said event.

(D)  All such signs shall be removed within three days after such event.

(b)   Construction sign. Signs announcing the name of the architect, engineer, contractors, or other involved parties of a building under construction, alteration or repair and signs announcing the character of the building enterprise or the purpose for which the building is intended shall be allowed in any district with the following conditions.

(1)   The sign shall not exceed 32 square feet.

(2)   The sign shall be lit by exterior illumination only.

(3)   The sign shall not be located within the right-of-way.

(4)   The sign shall be removed within 30 days after the building is constructed.

(c)   Political sign.

(1)   Political signs shall not be erected more than 45 days prior to the election date.

(2)   The sign shall not exceed six square feet.

(3)   The sign shall not be illuminated.

(4)   The sign shall not be located within the right-of-way.

(5)   The sign shall be removed within 7 days after the election is held.

(d)   Real estate sign. A sign advertising the sale, rental or lease of an individual premise shall be allowed in any district with the following conditions:

(1)   The sign shall not exceed six square feet.

(2)   The sign shall not be illuminated.

(3)   The sign shall not be located within the right-of-way.

(4)   The sign shall be removed within 7 days after the sale or rental of the premises.

One development real estate sign announcing the sale of lots/houses in a subdivision shall be permitted with the following conditions:

(1)   The sign shall not exceed 100 square feet.

(2)   The sign shall be located on the development advertised.

(3)   The sign shall be removed at the end of three years or when 75 percent of the lots/houses have been sold, whichever occurs first.

(Code 2016, Sec. 106-122)

(a)   Attention attracting devices (banners, balloons). The use of any banner, pennant, flag, balloons, (hot air or cold air), streamers, propeller, inflatable sign, bunting or similar articles for advertising of a product, service, show, property or carnival is prohibited except by approval from the planning director.

(b)   Flashing or moving signs. Any revolving, rotating, moving, or animated signs with moving lights or parts, which create the illusion of movement shall be prohibited. Any flashing, alternating, rotating or swinging flood, spot, strobe or beacon light shall be prohibited. This shall not apply to electronic changeable copy or messenger center signs. Such sign shall not exceed 32 square feet in area.

(c)   Off-premise signs. Any sign, except billboards approved pursuant to section 16-911, Billboards, advertising or announcing any place, product, goods, services, idea or statement or whose subject is not available or located at or on the lot where the sign is erected or placed.

(d)   Signs on trees, utility poles, fences, etc. No sign shall be attached to a tree, utility pole, fence, or other item not specifically intended to support a sign, whether on public or private property.

(e)   Portable (freestanding) signs.

(Code 2016, Sec. 106-123)

(a)   Maintenance. All signs and supports shall be maintained in good repair and structural condition, be in compliance with all building and electrical codes, and be in conformance with this article.

(b)   Removal. Signs and sign structures that no longer serve the purpose for which they are intended, or that are not maintained, or that have been abandoned, or that are located illegally shall be removed by the owner, or the owner of the premises after notice by the planning director. Such owner, or owner of the premises, shall complete the removal within 30 days after the noticed is mailed. In the event that such sign is not removed within the time provided, the city shall cause the sign to be removed and the cost thereof assessed to the owner or the owner of the premises. Failure to reimburse the city within 30 days shall cause the cost to be entered on the tax roll as a special charge against the real estate. Signs located illegally on public property shall be removed by the planning director without prior notice.

(Code 2016, Sec. 106-124)