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Public Works Department
401 S. Jane
Haysville, KS 67060
Phone:  316-529-5940
Fax:  316-529-5945

 

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Monday - Friday
8:00 AM  - Noon
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Sign Regulations

 

ARTICLE 10.  SIGNS

16-1000           PURPOSE.      The purpose of this article is: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. 

 

16-1001           APPLICABILITY .  A sign may be erected, placed, established, created, altered or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this article.

 

16-1002           Classification of Signs.

(1).       Bulletin Board Sign: A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name or names of persons connected with it, and announcements of persons, events or activities occurring at the institution.  Such sign may also present a greeting or similar message.

(2).       Business Sign: A sign which directs attention to a business or profession conducted; or to a commodity or service sold, offered or manufactured; or an entertainment offered on the premises where the sign is located or to which it is affixed.

(3).       Construction Sign: A temporary sign indicating the names of designers and contractors involved in the construction of a project during the construction period and only on the premises on which the construction is taking place.

(4).       Identification Sign: A sign giving the name and address of a building, business, development or establishment.  Such signs may be wholly or partly devoted to a readily recognized symbol.

(5).       Nameplate Sign: A sign giving the name and/or address of the owner or occupant of a building or premises on which it is lo­cated, and where applicable, their professional status.

(6).       Real Estate Sign: A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon.

(7).       Garage Sale Sign:  A sign which directs attention to a garage sale, yard sale, estate sale or auction.

(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 or Ground Sign: Any sign 10 feet or less in height placed upon the ground or supported by a base that is a minimum of 50% of the width of the monument at its widest point, independently of the principal building or structure on the property.   A sign on accessory structures shall be considered a ground sign.

(3).       Pole Sign: A sign that is mounted on free-standing poles or pylon, the bottom edge of which sign is seven feet or more above ground level.

(4).       Portable Sign:  Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, included, but not limited to, signs designed to be transported by means of wheels; signs converted to A-or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

(A)       Use of a vehicle for a sign or sign support.  It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the parking of any vehicle, trailer or similar movable structure containing or supporting any signage with the exception of:

(i)         Vehicles actively involved in construction on or the serving of the site;

(ii)        Vehicles delivering products to the site in designated loading areas;

(iii)       Vehicles parked in designated truck parking areas of business park districts that have been screened from or are not generally visible from the public right of way; or

(iv)       Passenger vehicles, pick-up trucks and vans of a size that can fit fully within a standard parking space, containing signs painted on or permanently affixed on the doors or integral side body panels that do not exceed twenty (20) square feet in area.

(5).        Projecting Sign: A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.

(6).       Temporary Sign: A sign in the form of a banner, pennant, valance or advertising display constructed of fabric, card board, wall-board or other light weight materials, with or without a frame, intended for temporary display of not more than 30 days, four times per calendar year.

(7).       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 (12) inches from such building.

 

16-1003           General Standards.

(a)        Gross Surface Area of Sign.  The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.  The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point.  When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. 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 16-1003(b)

(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 phrased in terms of “signs per zoning lot” shall be deemed to permit the allowable number of signs facing 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 10 as independent from the maximum structure height for zoning districts.

(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 6 A.M.  Any accessory external lighting fixtures attached to a sign shall maintain a clearance of nine feet to the grade directly below the fixture.

(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.  A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature.

(g)        Clearance for Projecting Awning, Canopy, or Marquee Signs.  All awning, canopy, or marquee signs shall maintain a clearance of at least seven feet to the grade directly below the sign.

(h)        Accessway or Window.   No sign shall block any accessway or window required by any applicable building, housing, fire or other codes or regulations.

(i)         Signs on Trees or Utility Poles.   No private sign shall be attached to a tree or utility pole whether on public or private property, except identification markers.

(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 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. “Vision triangle” shall mean, when applied to uncontrolled intersections, a triangular area bounded on one side (Side “A” on the Fig.1) by an unmarked line measured from the midpoint of the intersection and extending ninety (90) feet, bounded further on the adjacent side (Side B on the attached Fig.1) by an unmarked line measured from the midpoint of the intersection and extending ninety (90) feet, and bounded further on the final side (Side “C” on the attached Fig.1) by an unmarked line joining the unmarked lines extending from the midpoint of the intersection. The Public Works Director, or his or her designee, shall determine, upon request, the location of any sight triangle.

Text Box: Figure 1.

 

 


(k)        Location.   No sign or structure thereof shall be permitted on a public right-of-way or public easement, except:

(1).       As a conditional use granted by the Board of Zoning Appeals for signs otherwise permitted in a district; or

(2).       As a use permitted by the Governing Body for public informational or directional purposes; or

(3).       Garage sale signs, not to exceed six square feet in size.

Any unauthorized sign placed on public property, including the public street right-of-way, is declared to be a public nuisance and be the cause of its removal and impoundment without notice.  If not redeemed within 30 days by the owner paying a service charge of $20, the City may dispose of the sign in any manner deemed appropriate.    The Public Works Director, or his or her designee, may revoke the permit for any sign deemed to be in violation of this Section, i.e., 16-1003L, or of any condition on which the permit was based and order its removal within a reasonable period consistent with public safety.  Repeat offenders may face a loss of privilege or increased fees. 

(l)         Damaged, Unsafe or Blight Signs.  The Public Works Director, or his or her designee, 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 or blight.   Such a sign or sign structure may be restored to its original condition without obtaining a permit, unless the sign is replaced and, thus, must conform to the current regulations.

(m)       Setback for Pole Signs.  All pole signs shall be separated from residential property a distance measured in feet equal to the gross surface area of the sign measured in square feet.

(n)        Prohibited Signs.  Off-site advertising signs are prohibited in an effort to preserve the visual appearance of the City, and promote traffic safety.

(o)        Off Premises Real Estate Signs.  Notwithstanding the provisions of Section 16-1003N and, to temporarily provide additional visibility for new real estate developments within the City but not located along major traffic routes, the Board of Zoning Appeals may consider an application for a conditional use to allow off premises real estate signs in any zoning district.  If approved, such real estate signs shall otherwise comply with the provisions for real estate signs of the district in which it is located.  Such sign shall be removed when 75% of the lots in the subdivision have been sold.

(p)        Temporary Fireworks Signs.   In order to allow accessory signage for temporary fireworks sales locations, the following standards shall apply:

(1).       Structural Types Permitted: One of each structural type of sign shall be permitted, excluding permitted permanent signs.

(2).       Maximum Gross Surface Area: One square foot of sign area for each one lineal foot of arterial street or U. S. Highway 81 frontage or four hundred square feet, whichever is lesser.

(3).       Required Setback: All temporary firework signs not otherwise affixed to the fireworks sales structure shall be separated from any principal residential building by one foot for every one square foot of sign surface area or one hundred feet, whichever is the lesser.

(4).       Maximum Height: 25 feet when adjacent to an arterial street.

(5).       Time Restrictions: Temporary firework sign permits issued accessory to temporary fireworks sales locations shall be limited to three days prior to, and three days past the duration of the fireworks sales temporary use permit. Upon the expiration of the temporary sign permit, all of the elements of the sign, including any temporary support structure shall be removed.

(q).       Garage Sale Signs.   All garage sale signs must contain the address of the garage sale and the date or dates of the sale.  Garage sale signs may be placed in public right-of-way.  All garage sale signs must be picked up within one week from the last day posted on the garage sale sign.  Such signs remaining after this period will be deemed litter and will be subject to the provisions of Chapter 11 of the City Code of the City of Haysville.

(r).       Location of Billboard Signs.  Billboard signs shall only be allowed on personal property adjacent to a state or federal highway.

 

16-1004           Exemptions. 

(a)  The following signs shall be exempt from the requirements of this Article:

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

(2).       Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organizations, when displayed on private property.

(3).       Small signs, not exceeding five 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, rest rooms, freight entrances and the like.

(4).       Address numerals and other signs required to be maintained by law, rule or regulation; provided, that the content and size of a sign does not exceed such requirements.

(5).       Memorial signs which are displayed on private property.

(6).       Scoreboards in athletic fields or stadiums.

(7).       Political campaign signs, not exceeding six square feet in gross surface area, which are displayed on private property and not otherwise in the public right-of-way.  Such signs must be removed 48 hours after a candidate is elected to office or is eliminated from further participation in the election as a candidate, with similar provisions for bond issues and other ballot issues.  Such signs may also be displayed as advertising signs where permitted by Section 16-1010.

(8).       Ideological signs such as may pertain to religious or political expressions or personal beliefs when located on private property of the proponent and not otherwise in a public right-of-way, a sight obstruction in a vision triangle or on public property or structures such as utility poles.

(9).       Portable signs promoting an event sponsored by a government, civic, educational or religious organization, not exceeding 32 square feet in gross surface area, which are displayed on private property. Such signs must be removed 72 hours after the event being promoted. Such signs may be placed on public property, public rights-of-way and public easements with permission from the Governing Body. 

(b)        The following signs are exempt from the permit requirements of Section 16-1005, 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 24 square feet in gross surface area accessory to a multiple-family dwelling.

(3).       Bulletin board signs not exceeding 24 square feet in gross surface 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 square feet in surface area which may also be placed on the public rights-of-way and public easements; provided, (1) that they are placed no more than five feet from the property line, (2) permission is obtained from the adjacent private property owner, and (3) such signs shall only be displayed during such period of time as the model homes are regularly available for showing, or open houses for not more than four days at any one showing.

 

16-1005           GENERAL PERMIT PROCEDURES.  The following procedures shall govern the application for, and the issuance of, all sign permits under this article:

(a)        Applications.  All applications for sign permits of any kind shall be submitted to the Public Works Director on forms prescribed by the Governing Body.  Each application shall be accompanied by the applicable fees, which shall be established by the Governing Body of the city from time to time by ordinance.

(b)        Action. Within fourteen days of the submission of a complete application for a sign permit, the Public Works Director, or his or her designee, shall either:

(1).       Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this article; or

(2).       Reject the sign permit if the sign (s) that is the subject of the application fails in any way to conform with the requirements of this article.  In case of a rejection, the Public Works Director, or his or her designee, shall specify in the rejection the section or sections of the ordinance or applicable plan with which the sign(s) is inconsistent.

 

16-1006                     PERMITS TO CONSTRUCT OR MODIFY SIGNS.  Permanent signs shall be erected, installed or created only in accordance with a duly issued and valid sign construction permit from the Public Works Director, or his or her designee.  Such permits shall be issued only in accordance with the following requirements and procedures.

(a)        Permit for New Sign or for Sign Modification.  An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign.  If the Public Works Director, or his or her designee, deems it necessary, he may also require that a licensed engineer furnish information concerning structural design of the sign and the proposed attachments.  One application and permit may include multiple signs on the same zone lot.

(b)        Inspection.        The Public Works Director, or his or her designee, shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month after the issuance of such permit or at such earlier date as the owner may request.  If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void.  If the construction is complete and in full compliance with this ordinance and with the building and electrical codes, the Public Works Director, or his or her designee, shall affix to the premises a permanent symbol identifying the sign (s) and the applicable permit number or other reference.  If the construction is substantially complete but not in full compliance with this ordinance and applicable codes, the Public Works Director, or his or her designee, shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected.  If the deficiencies are not corrected by such date, the permit shall lapse.  If the construction is then complete, the Public Works Director, or his or her designee, shall affix to the premises the permanent symbol described above.

           

16-1007           SIGN PERMITS – CONTINUING.  The owner of a zone lot containing signs requiring a permit under this article shall at all times maintain in force a sign permit for such property.  Sign permits shall be issued for individual zone lots.

(a)        Initial Sign Permit.  An initial sign permit shall be automatically issued by the Public Works Director, or his or her designee, covering the period from the date of the inspection of the completed sign installation, construction, or modification through the last day of that calendar year.

(b)        Lapse of Sign Permit.  A continuing sign permit shall lapse automatically if the business license for the premises lapses, is revoked, or is not renewed.  A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more.

(c)        Assignment of Sign Permits.  A current and valid sign permit shall be freely assignable to a successor as owner of property or holder of a business license for the same premises, subject only to filing such application as the Public Works Director, or his or her designee, may require and paying any applicable fee.  The assignment shall be accomplished by filing and shall not require approval.

 

16-1008           TEMPORARY SIGN PERMITS.  Temporary signs on private property shall be allowed only upon the issuance of a Temporary Sign Permit, which shall be subject to the following requirements:

(a)        Term. A temporary sign permit shall allow the use of a temporary sign for a specified 30-day period.

(b)        Number.  Only four temporary sign permits shall be issued to the same property owner or business license holder on the same zone lot in any calendar year.

 

16-1009           PORTABLE SIGN PERMITS. Portable signs on private property shall be allowed only upon the issuance of a Portable Sign Permit, which shall be subject to the following requirements:

(a)                Term, Commercial. A portable sign permit shall allow the use of a portable sign for a specified 30-day period when used for a commercial use on a non-residential zoned lot.

(b)               Term, Celebratory.  A portable sign permit shall allow the use of a portable sign for a specified 7-day period when used for a celebratory purpose (i.e., birth announcements, graduations, etc.) on a residential lot.

(c)                Number.  Only three portable sign permits shall be issued to the same resident, business license holder on the same zone lot in any calendar year.

 

16-1010           District Regulations.

(a)        AA, AAA, A, AB, AC, AZ, BB, B, Residential Districts

(1).       Functional Types Permitted:

(A).      Business signs pertaining to home occupations.

(B).      Construction signs.

(C).      Identification signs.

(D).      Nameplate signs.

(E).      Real estate signs.

(2)        Structural Types Permitted:

                   (A).      Ground signs.

                   (B).      Pole signs.

(C).      Wall signs.

(D).      Business signs pertaining to home occupations shall be affixed flush to the wall of a building.

(E).      Temporary signs limited to those attached to the face of the principal structure, a permanent fence, or screening wall.

(3).       Number of Signs Permitted: One of each functional type per zoning lot.

(4).       Maximum Gross Surface Area.

(A).      Bulletin board, business and identification signs:  16 square feet in all residential districts, but 40 square feet is permitted in the C District and for churches or public institutions in all residential districts.

(B).      Construction signs: 32 square feet.

(C).      Nameplate signs: Two square feet.

(D).      Real estate signs: Six square feet per lot; provided, that  one sign not more than 100 square feet in area announcing  the    sale  of  lots  and/or  houses  in  a subdivision may be located on  such development.  Such sign shall be removed when 75% of the lots in the subdivision have been sold.

(E).      Entry Monument: One per phase of development, or arterial or collector street entrance to a development.  Limited to 10 feet maximum height, two square feet of gross surface area per lot or dwelling unit for sale or lease included in such development, but not to exceed 100 square feet maximum area, including the structure. Limited to ground lighting only.

(F).      Wall signs shall be limited to 5% of the area of the wall area on which they are located.

(G).      Temporary signs: 21 square feet.

(5).       Maximum Height: 15 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.

(6).       Required Setback: 15 feet from the front line, except temporary real estate and garage sale signs, and none from the side yard setbacks.

(7).       Illumination:      No sign shall be illuminated, except that entry monument, bulletin board, and identification signs may be indirectly illuminated with incandescent or fluorescent light.

(b).       CC Residential District and C Manufactured Home District.

(1).       Functional Types Permitted:

                                                (A).      Bulletin board signs.

                                                   (B).      Business signs pertaining to home occupations.

                                                (C).      Construction signs.

                                                (D).      Identification signs.

                                                (E).      Nameplate signs.

(F).      Real estate signs.

(2).       Structural Types Permitted:

(A).      Ground signs.

(B).      Pole signs.

(C).      Wall signs.

(D).      Business signs pertaining to home occupations shall be affixed flush to the wall of a building.

(E).      Temporary signs limited to those attached to the face of the principal structure, a permanent fence, or screening wall.

(3).       Number of Signs Permitted: One of each functional type per zoning lot.

(4).       Maximum Gross Surface Area.

(A).      Bulletin board, business signs and identification signs:  16 square feet in all residential districts, but 40 square feet is permitted in the C District and for churches or public institutions in all residential districts.

(B).      Construction signs: 32 square feet.

(C).      Nameplate signs: Two square feet.

(D).      Real estate signs: Six square feet per lot; provided, that  one sign not more than 100 square feet in area announcing  the    sale  of  lots  and/or  houses  in  a subdivision may be located on  such development.  Such sign shall be removed when 75% of the lots in the subdivision have been sold.

(E).      Entry Monument: One per phase of development, or arterial or collector street entrance to a development.  Limited to 10 feet maximum height, two square feet of gross surface area per lot or dwelling unit for sale or lease included in such development, but not to exceed 100 square feet maximum area, including the structure.  Limited to ground lighting only.

(F).      Wall signs shall be limited to 5% of the area of the wall area on which they are located.

(G).      Temporary signs: 21 square feet.

(5).       Maximum Height: 15 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.

(6).       Required Setback: 15 feet from the front line, except temporary real estate and garage sale signs, and none from the side yard setbacks.

(7).       Illumination:      No sign shall be illuminated, except that entry monument, bulletin board, and identification signs may be indirectly illuminated with incandescent or fluorescent light.

(c).       OC Office Commercial Districts.

(1).       Functional Types Permitted: Any type listed in Section 16-l00lA, 

(2).       Structural Types Permitted: Any type listed in Section 16-1001B, except projecting signs.

(3).       Number of Signs permitted:

(A).      Monument, ground and pole signs: One of each functional type per zoning lot.

(B).      Other structural types permitted: Limited to one of any of the other structure types.

(4).       Maximum Gross Surface Area: One square foot of sign area for each one foot lineal of street frontage or One Hundred square foot maximum area, whichever is the lesser.  Wall signs shall be limited to 5% of the area of the wall on which they are located.

(5).       Maximum Height: 10 feet, except when adjacent to an arterial street within 200 feet of an intersection of two arterial streets, then 20 feet.

(6).       Required Setback: No minimum required.

(7).       Illumination:  Illuminated signs shall be permitted.

(d).       D Light Commercial Districts.

(1).       Functional Types permitted: Any type listed in Section 16-l00lA.

(2).       Structural Types Permitted: Any type listed in Section 16-1001B.

(3).       Number of Signs Permitted:

(A).      Ground, monument or pole signs: One of each functional type per zoning lot, except that each freestanding principal building which is part of an integrated shopping center may also have a ground, monument or pole sign and/or complexes with over 300 feet of frontage will be allowed one additional free standing sign for each additional 300 feet or portion thereof.

(B).      Other structural types permitted:  Limited to one of any of the other structural types per business establishment.

(4).       Maximum Gross Surface Area:  One square foot of sign area per one lineal foot of street frontage; provided, no single sign shall exceed 150 square  feet , except when adjacent to an arterial street within 500  feet of the intersection of an arterial street and a highway, or adjacent to a highway, then 200 square feet.  Wall signs shall be limited to 5% of the wall area on which they are located.

(5).       Maximum Height:         

(A).      Thirty-five feet when adjacent to a highway, or adjacent to an arterial street within 500 feet of the intersection of an arterial street and a highway.

(B).      Thirty feet at all other locations.

(6).       Required Setback: No minimum required.

(7).       Illumination:  Illuminated signs shall be permitted.

(e).       E Heavy Commercial District.

(1).       Functional Types permitted: Any type listed  in  Section 16-l00lA.

(2).       Structural Types Permitted: Any type listed in Section 16-1001B.

(3).       Number of Signs permitted: One of each structural type permitted except that complexes with more than 500 feet of highway frontage may have two ground, monument, or pole signs, and a business with frontage also on an arterial or collector street may have one ground, monument, or pole sign per 300 feet of street frontage.

(4).       Maximum Gross Surface Area:  One square foot of sign area for each one lineal  foot highway frontage, provided no single sign shall exceed a gross surface area of 400 square feet, except that one additional square foot of gross surface area shall be allowed for each one foot of set back from the front property line.  In the instance a sign is located at the intersection of two streets, the additional square footage shall be based on the lesser of setback.  Signs adjacent to an arterial or collector street within 500 feet of the intersection of the arterial or collector street and the highway will be limited to 200 square feet.  Wall signs shall be limited to 5% of the wall area on which they are located. 

(5).       Maximum Height: 20 feet above the highest point of the principal structure or 40 feet above the average ground level, whichever is less.

(6).       Required Setback: No minimum required.

(7).       Illumination:  Illuminated signs shall be permitted.

(f).        F and G Industrial Districts.

(1).       Functional Types Permitted: Any types listed in Section 16-l00lA,

(2).       Structural Types Permitted: Any types listed in Section 16-l001B, except pole signs.

(3).       Number of Signs Permitted. One of each structural type except that complex with frontage on more than one street may have one group or monument.

(4).       Maximum Gross Surface Area: One square foot of sign area for each one foot lineal street frontage, provided no single sign shall exceed a gross surface area of 200 square feet.

(5).       Maximum Height: 10 feet.  Awning, canopy, marquee, and projecting signs shall be limited to the height of the building.

(6).       Required Setback: No minimum required.

(7).       Illumination:  Illuminated signs shall be permitted.

 

16-1011           TIME OF COMPLIANCE: NONCONFORMING SIGNS AND SIGNS WITHOUT PERMITS.  Except as otherwise provided herein, the owner of any zone lot or other premises on which exists a sign that does not conform with the requirements of this ordinance or for which there is not a current and valid sign permit shall be obligated to remove such sign or, in the case of a nonconforming sign, to bring it in to conformity with the requirements of this ordinance.

(a)        Signs Existing on Effective Date.  For any sign existing in the city on    November 12, 2004, an application for a sign permit must be submitted to the Public Works Director, or his or her designee, before June 1, 2005.  For any sign on property annexed at a later date, applications for sign permits shall be submitted within six months of the effective date of the annexation or within such period as may be established in an annexation agreement between the city and the landowner.  Signs that are the subject of applications received after the applicable date set forth in this section shall be subject to all of the terms and conditions of this ordinance and shall not be entitled to the protection of Section 16-1011(b).

Applications for permits for existing signs submitted before June 1, 2005 shall be exempt from the initial fees adopted under authority of this article, but not from renewal and subsequent fees.

(b)        Nonconforming Existing Signs, Permits and Terms.  A permanent sign that would be permitted under this article only with a sign permit, but which was in existence on November 12, 2004 or on a later date when the property is annexed to the city, and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this ordinance, shall be issued a Nonconforming Sign Permit if an application in accordance with Section of 10-1011(a) of this article is timely filed.

Such permit shall allow the sign(s) subject to such permit, which were made nonconforming by the adoption of this article, to remain in place and be maintained for a period ending no later than December 31, 2007 for a permanent sign and no later than December 31, 2005 for a portable or temporary sign, provided that no action is taken which increases the degree or extent of the nonconformity.  Such signs are also subject to the provisions of Section 16-1011(c).  A change in the information on the face of an existing nonconforming sign is allowed.  However, any nonconforming sign shall either be eliminated or made to conform with the requirements of this Section when any proposed change, repair, or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign.

(c)        Sign Removal Required.  A sign that was constructed, painted, installed, or maintained in conformance with a permit under this article, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, shall be forthwith removed without notice or action from the city.

 

16-1012           VIOLATIONS.  Any of the following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article, the zoning ordinance, and by state law:

(a)To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

(b)To install, create, erect or maintain any sign requiring a permit without such a permit;

(c)To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or

(d)To continue any such violation.  Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance.

Each sign installed, created, erected, or maintained in violation of this article shall be considered a separate violation when applying the penalty portions of this Chapter.

 

 

 

 

 

Randal Dorner

Public Works Director

 

Chad Bettles

Building Inspector

 

Rick Linebarger

Code Enforcement Officer

 

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