This Article’s purpose is to regulate sign placement, size, lighting, and other factors to preserve the desired community character and avoid confusing and cluttered streetscapes. This Article permits signs necessary to communicate land use information and increase a use’s ability to be easily located. See Article 23 for sign definitions.

This Division establishes minimum regulations for the display of signs.

A.    Any sign shall, by definition, be a structure. After the effective date of this Ordinance, no sign shall be erected, enlarged, constructed or otherwise installed without first obtaining a sign permit, unless otherwise exempted in this Article. A sign permit shall be legally issued only when in compliance with this Article. A signage plan shall be furnished to the Zoning Officer in the application for a sign permit for all signs (See Section 07.103).

B.    No land or building or structure shall be used for sign purposes except within the stipulated districts listed in Table 07.210 and specified herein.

C.    All signs legally existing at the time of passage of these regulations may remain in use under the conditions of legal non-conformance (See Article 09). Signs in legal non-conformance shall not be enlarged, moved, lighted, or reconstructed; however, the change of the advertising display shall not be restricted except as previously stated.

D.    All signs shall be constructed in such a manner and of such materials that they shall be safe and substantial. Where the sign structure extends over a pedestrian walkway, an annual inspection shall be required.

The fee for a sign permit shall be required according to the City Fee Schedule.

A.    Total Exemptions. The following signs shall be exempt from the requirements of this Article, except for the provisions of Section 07.104 and 07.220.

1.    Signs of a duly constituted governmental body, including traffic or similar regulatory signs, legal notices, warnings at railroad crossing and other instructional or regulatory signs having to do with health, safety, parking, swimming, dumping, etc.

2.    Memorial signs and tablets displayed on public or private property.

3.    Small signs, not exceeding three (3) square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and other similar signs.

4.    Score boards in athletic stadiums.

5.    Political campaign signs, not exceeding four (4) square feet in area, displayed during no more than a four-week period preceding and a one-week period following an election.

6.    Temporary signs for the sale of household goods at a residence (garage sales) for a period not to exceed three (3) days.

7.    Temporary signs making a public announcement (support of a local team, birth, anniversary, etc.) for a period not to exceed three (3) days.

8.    Holiday or seasonal displays, provided no prohibited elements are included. Lighting with individual bulbs not exceeding five (5) watts or moving elements and do not constitute a nuisance or safety hazard.

9.    Wall, ground, and projecting signs, not exceeding twelve (12) sq. ft. in area, associated with a valid home occupation. No other type of temporary or permanent signage is permitted for a home occupation.

(Ordinance # 2712, 11/24/99)

B.    Exemptions from Sign Permit. The following signs are exempt from the sign permit section of this Article, but shall comply with all of the other regulations imposed by this Article.

1.    Flags or emblems of a governmental or of a political, civic, philanthropic, educational or religious organization, displayed on private property.

2.    Name plate signs not exceeding two (2) square feet in gross area accessory to a single-family or two-family dwelling.

3.    Bulletin board signs not exceeding 100 square feet in gross area accessory to a church, school or public or non-profit institution.

4.    Business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises.

5.    Real estate signs not exceeding six (6) square feet in area.

6.    Construction signs not exceeding sixteen (16) square feet in area.

7.    Banners or flags as provided in 07.216 BANNER SIGNS.

(Ordinance # 2712, 11/24/99)

A signage plan shall be submitted with the Sign Permit. For shopping centers, office parks, industrial parks, residential subdivision, or development on a pedestrian precinct, a signage plan shall be submitted which shows signage in the context of proposed building elevations. Such plans should encourage a unified approach to signage throughout the development. The signage plan shall include, in addition to other materials which may be required, scaled drawings of the sign and manner of support, including building elevations. (See Division 15.400 on design review.)

The following are signs prohibited in all districts:

A.    Fluttering, rotating, undulating, flags, strings, or banners used to attract attention to a use; outline, define, or cover sales areas or displays, or decorate buildings or grounds; and made out of paper, fabric, plastic, or other flexible materials, except as permitted on holidays (See Section 07.102. A.8 and as provided in section 07.216). (Ordinance # 2712, 11/24/99)

B.    Off-premise/Advertising Signs.

C.    Travelers Convenience Signs, except as approved by the Zoning Officer. These exceptions shall only be permitted along K-263 (Baptiste Dr.) within 1/4 mile of the US 169 exit ramps at a maximum of 1 sign per ramp. Exceptions shall be consistent with the Kansas Department of Transportation’s design standards for similar signs on state roadways.

D.    Any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this Article, any revolving, rotating, moving, animated, signs with moving lights or signs which create the illusion of movement shall be considered as a flashing sign. A sign which displays the current time and/or temperature by use of intermittent lighting shall not be deemed a flashing sign if the lighting changes are limited to text indicating time, temperature or other public messages. Such sign shall not in any case exceed 32 square feet in area.

E.    Portable Signs. Unless otherwise permitted in Section 07.102.

No use shall be permitted signage, except as provided in this Section. Each use shall be permitted at least one (1) sign. Table 07.210 indicates the type of signs permitted for uses by district type as follows:

A.    Y = A sign that is permitted and regulated independently of other sign types.

B.    O = All optional signs are permitted signs, any combination may be used at the owner’s discretion provided he/she meets the standards of Table 07.210 and Section 07.220.

C.    N = Not permitted.

In the case of a unified development consisting of multiple buildings (attached or freestanding) or multiple tenants in a single building, one detached ground sign may be permitted identifying the entire center. The sign shall not exceed 20 feet in height and the sign face shall not exceed 100 square feet in area.

One wall sign shall be allowed for each business or commercial establishment in a unified development and shall be located on the facade of the tenant space. Each tenant sign may not exceed 10% of the front façade of the space the tenant occupies. In cases where one or more tenants do not have a front façade, a comprehensive sign plan must be submitted for the entire development.

(Ordinance #2772, 03/13/01)

Not more than two banners bearing announcements are permitted per each business establishment, organization, school, or church, provided that not more than one banner is permitted for each exterior façade or permanent structure. The banner shall be attached at all corners flat against the building wall or other permanent existing solid building structure (e.g. a fence). Banners measuring four (4) feet by eight (8) feet are exempt from requirements to obtain a sign permit. A sign permit is required for banners larger than four (4) feet by eight (8) feet. The permit shall be issued free of charge, the banner shall be counted toward the total banner limits, and the banner may be displayed for a maximum of one month from the date of issuance of the permit. For the purposes of this section, a business establishment is defined as having an exterior door for customer access. The intent is to prohibit a separate banner to be displayed by a small business that operates from inside another building or business. However, the banner(s) allowed for the building may advertise the smaller business’ good or services.

Flags attached to a rope or similar line may me mounted on residential property that is featured for an open house or commercial property featured for a Grand Opening or other similar event (maximum display time 72 hours). Such flags are also permitted for automobile sales lots without limitation as to time.

Banners, flags, strings, or other attention attracting devices used for holiday displays shall meet the provisions of Section 07.102 A.8.

Banners and/or flags that are torn, faded, or in general disrepair constitute a nuisance and shall be removed.

(Ordinance # 2712, 11/24/98)

The following general regulations shall apply to all signs:

A.    Illuminated Signs.

1.    Illuminated signs shall be designed as to reflect or direct light away from any residential dwelling district.

2.    Lighted signs in direct vision of a traffic signal shall not be in red, amber, or green illumination.

B.    Accessway or Window. No sign shall block any required accessway or window.

C.    Signs on Trees or Utility Poles. No sign shall block any required accessway or window.

D.    Metal Signs. All metal signs shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall also maintain a clearance of nine (9) feet to grade. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires or conductors in free air carrying more than 48 volts, whether or not such wires or conductors are insulated or otherwise protected.

E.    Traffic and Pedestrian 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 or railroad control sign, signal or device, or where it may interfere with, mislead, or confuse traffic.

2.    Any sign located within three (3) feet of a driveway or within a parking area shall have its lowest elevation at least ten (10) feet above the curb level; however, in no event shall any sign except wall signs and awning/canopy, or projecting signs be placed so as to project over any public right-of-way.

3.    Under no circumstances shall any sign be placed in the sight triangle as defined by Section 11.260.

4.    The lowest element of any projecting, awning canopy or marquee sign shall be at least seven feet six inches (7’6”) above any sidewalk or other walkway.

Amended by Ordinance #2732, 10/12/99