The regulations established in this chapter are intended to
provide minimum standards to safeguard life, property, and public
welfare regulating and controlling the use, materials, construction,
location, number, maintenance, and the permitting of certain signs
and sign structures. In addition, this chapter is intended to enhance
the beauty of the city by limiting visual clutter. The provisions
of this chapter are not intended to permit a violation of any provision
of any other ordinance or federal or state law.
(2008 Code, sec. 111.01; Ordinance 2001-008 adopted 11/27/2000)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Approved plastics
means only those slow-burning plastics such as cellulose
acetate or methylmethacrylate or other plastics of no greater combustibility
as now approved by the Underwriters' Laboratories, Inc., for sign
use (UL 48).
Balloon or inflatable sign
means a sign in front of or attached to a balloon or other
inflatable, inflated or floating device, which measures more than
three feet across in any direction.
Banner
means a sign made of paper, plastic, or fabric with or without
a frame, containing characters, letters, illustrations, or ornamentations,
the surface of which exceeds 50 square feet. The term "banner" does
not include a flag.
Builder's sign
means a temporary sign which provides direction or announces
the location of model homes or group of homes built by one builder.
Canopy
means a structure made of metal or other material with frames
affixed to a building and carried by a frame which is supported by
the ground.
Combination sign
means any sign which combines the characteristics of two
or more types of signs.
Construction sign
means a sign identifying individuals or companies involved
in design, construction, wrecking, financing, or development when
placed upon the premises where work is under construction, but only
for the duration of construction or wrecking.
Decorative trim
means the molding, battens, cappings, nailing strips, latticing,
platforms and letters, figures, characters, or representations in
cutout or irregular form which are attached to the sign structure.
Display surface
means the area made available by the sign structure for purpose
of displaying the advertising message.
Electric sign
means any sign containing electric wiring such as characters,
letters, figures, designs, faces, backgrounds, or outlines illuminated
by incandescent or fluorescent lamps or luminous tubes as part of
the sign proper.
External illumination
means illumination of a sign by an artificial source of light
which is not contained within the sign itself.
Flag
means any fabric containing distinctive color, pattern, or
symbols, used as a symbol of government, political subdivisions, or
nonprofit organizations.
Flashing sign
means an illuminated sign on which the artificial source
of light is not maintained stationary or constant in intensity and
color when the sign is illuminated. For the purpose of this chapter,
any moving illuminated sign displaying alternating illumination being
turned on and off which induces a strobe or pulsing effect shall be
deemed to be a flashing sign.
Ground sign
means a sign which is supported by two or more columns, poles,
uprights or braces placed in or upon the ground and is not part of
a building.
Height
means height shall be measured from the grade of the closest
curb or if adjacent to or separated from an elevated roadway only
by an access road, from the grade of the elevated freeway.
Illuminated sign
means a sign which is an artificial source of light is used
in connection with the display of the sign.
Marquee
means a permanent roof-like structure extending from part
of the wall of a building not supported by the ground, and constructed
of durable material such as metal, glass, or wood.
Monument sign
means a sign which is supported upon its own foundation,
separate from a building (other than a ground or pole sign).
Nameplate sign
means a non-illuminated sign identifying only the name and
occupation or profession of the occupant of the premises on which
the sign is located.
Off-premises sign
means a sign which directs attention to a business, profession,
activity, commodity, service, or entertainment other than one conducted,
sold, or offered upon the premises where such sign is located.
On-premises sign
means a sign which is located upon the premises where the
business, profession, activity, commodity, service or entertainment
referred to by the sign is located.
Permanent sign
means a sign which is fixed in nature that is erected, affixed, or maintained on a premises for a period of time which is regulated by Table 1, Schedule of Permanent Signs, as set forth in section
30-22.
Pole sign
means a sign that is mounted on a single freestanding column,
pole, upright, or brace placed in or upon the ground and is not part
of a building.
Portable sign
means any temporary sign supported by the ground but not
attached to the ground, which can be regularly moved from a location
at periodic intervals, and which is located upon the premises where
the business, profession, activity commodity, service, or entertainment
referred to by the sign is located. The term "portable sign" shall
include the following:
(1)
A sign which is mounted on a trailer or wheels or is part of
a trailer and by its design can be towed from one location to another
by the use of attached wheels or by attaching an axle to existing
mounts;
(3)
A sign affixed by poles to a portable base made of wood, metal,
or concrete;
(4)
A sign suspended or attached to a stand with an inverted "T"
base; and
(5)
Any sign that the base is inserted into a sleeve mounted or
driven into the ground which can be easily extracted from said sleeve
by simply lifting or removing bolts.
Premises
means a lot or tract, or a combination of contiguous lots
or unplatted tracts if the lots or tracts or combination are under
a single ownership and are reflected in the plat or deed records of
Johnson County. Multitenant locations shall be considered as being
one premises.
Projecting sign
means a sign other than a wall sign suspended from or supported
by a building or structure or sign structure and projecting out therefrom.
Projection
means the distance by which a sign extends over public property
or beyond the building line.
Real estate sign
means a sign relating to the sale, lease, or rental of the
premises upon which such a sign is placed.
Roof sign
means a sign erected or maintained in whole or in part upon,
against, or directly above the roof or parapet line of a building.
Searchlight sign
means a large outdoor lighting apparatus used to attract
attention to a business or a specific location.
Secondary sign
means signs located on premises identifying uses in a mixed-use
multitenant commercial shopping center.
Sign
means any identification, description, illustration, or device
illuminated or non-illuminated which is visible to the general public
and directs attention to a project, service, place, activity, person,
institution, business or solicitation, including any permanently installed
or situated merchandise, or facsimile, or any emblem, painting, flag,
banner, pennant, or placard designed to advertise, identify or convey
information.
Sign structure
means the supports, uprights, braces, and framework of the
sign.
Temporary sign
means a nonpermanent sign erected, affixed, or maintained on a premises for a period of time regulated by Table 2, Schedule of Temporary Signs, as set forth in section
30-22.
Wall sign
means a sign attached or painted directly to an exterior
wall of a building or dependent upon a building for support with the
exposed face of the sign located in a place substantially parallel
to an exterior building wall to which it is attached or by which it
is supported.
Warning sign
means a sign containing no advertising material, warning
the public of the existence of danger.
Window sign
means a sign attached to, placed upon, or painted on the
exterior or interior of a window or door of a building which is intended
for viewing from the exterior of such building.
Yard sign
means any sign of a temporary nature other than a development,
real estate, builder's or construction sign, which includes the advertisement
of a service of which has been performed on premises, or construction/repair
that has been performed on premises.
(2008 Code, sec. 111.02; Ordinance 2001-008 adopted 11/27/2000)
A sign which was erected before the adoption of these requirements
shall not be rebuilt, relocated, or altered without conforming to
the requirements of this chapter.
(2008 Code, sec. 111.04)
The building official shall require the proper maintenance of
all signs and shall inspect every sign within 30 days after it is
erected. All signs together with all of their supports, braces, guys,
and anchors shall be kept in repair and in proper state of preservation.
The display surfaces of all signs shall be kept neatly painted or
posted at all times. The building official may order the removal of
any sign that is not maintained in accordance with the provisions
of this chapter.
(2008 Code, sec. 111.05)
No sign shall be erected, constructed, or maintained so as to
obstruct any fire escape, window, door, or other opening or shall
be so placed as to prevent free passage from one part of a roof to
any other part thereof. No sign shall be attached in any form, shape,
or manner to a fire escape or shall be so placed as to interfere with
an opening which is required for legal ventilation.
(2008 Code, sec. 111.06)
No exposed, uninsulated parts of an electric sign shall be closer
than nine feet to the ground immediately below.
(2008 Code, sec. 111.07)
It shall be unlawful for any person to erect any sign which
will project or extend over any street, alley, sidewalk or other public
property, or which will be supported by a pole, pipe, or other support
located or set on any street, alley, sidewalk, or other public property,
without first obtaining a permit to do so from the city secretary.
Application for such permit shall be filed with the city secretary
and shall set forth the proposed location of such sign, the material
out of which same is to be constructed, its dimensions, the exact
location of the pole, pipe, or other support, if the location is on
city property, and the height of such sign, measured from the bottom
of the sign to the ground. No such permit shall be issued unless the
application is approved by the mayor.
(1) No barber
pole and no post or any other device for the purpose of supporting
any sign shall be set, placed, constructed, altered, or renewed upon
any street, sidewalk, alley or other public space, except as authorized
in this section.
(2) No sign
projecting over a public driveway shall be hung less than 16 feet
above the driveway.
(3) Temporary
signs are exempt from the requirements of this section if less than
three feet tall and comply with all other city rules and regulations.
(2008 Code, secs. 111.08, 130.40; Ordinance 2011-019, sec. 3, adopted 6/20/2011)
Revolving beacons shall not be used in a manner that will create
a traffic hazard or where their use may be confused with traffic control
devices or emergency vehicle signals. Revolving beacons shall not
employ lights of color used in traffic signals.
(2008 Code, sec. 111.10)
Every sign which advertises an event such as an election, a
sale, a carnival, a celebration or a revival shall be removed within
ten days after the final date of such event. If the candidate whose
name is promoted by a sign or if the person, business, entity or sponsoring
organization responsible for any other event fails to have such sign
removed within such ten-day period, such candidate, person, business
entity or sponsoring organization shall be deemed guilty of a misdemeanor
and upon final conviction fined in an amount not to exceed $500.00.
Each day any such violation occurs shall be deemed a separate offense
punishable hereunder.
(2008 Code, sec. 111.11; Ordinance 98-020 adopted 6/22/1998; Ordinance 2016-019, sec. 1, adopted 8/15/2016)
Pole and monument signs shall not be used in combination on the same premises, except as allowed by section
30-16. Each premises shall be permitted only one pole sign or one monument sign. A pole sign or monument sign may be used in combination with other permanent signs listed in Table I, Schedule of Permanent Signs, as set forth in section
30-22.
(2008 Code, sec. 111.12)
The following regulations apply to permanent off-premises signs
adjacent to interstate highways and federal-aid primary highways,
as those terms are defined in the Highway Beautification Act. Permanent
off-premises signs are only permitted on Interstate Highway 35 in
A, C-1, C-2, M-1, and M-2 zoning districts. The following regulations
apply to all permanent off-premises signs:
(1) No more
than two panels or sign faces will be allowed for each sign.
(2) Each
panel or sign shall not exceed 150 square feet in total area.
(3) No off-premises sign shall exceed the height limit as provided for in Table I, Schedule of Permanent Signs, as set forth in section
30-22.
(4) No off-premises
sign shall exceed 30 feet in length, inclusive of border and trim.
(5) Each
off-premises sign shall have a minimum ground clearance of ten feet.
(6) Along
interstate highways and freeways primary highways, a sign shall not
be located within 1,500 feet of another sign, on the same side of
the roadway.
(7) Along
non-freeway primary highways, a sign shall not be located within 1,000
feet of another sign, or one per lot, whichever is less, on the same
side of the roadway.
(8) Signs
may not be located within 1,500 feet of any public park, public forest,
public playground or scenic area as designated by the state department
of transportation or other governmental agency having and exercising
such authority when said park area is adjacent to the highway.
(9) Spacing
from a residential zoning district shall be 500 feet for an off-premises
sign.
(10) All
off-premises signs shall be set back a minimum of 20 feet from any
highway right-of-way line.
(11) Existing
off-premises signs adjacent to I-35 may be moved up to 400 feet as
long as they are not increased in size or height.
(2008 Code, sec. 111.13)
The following signs are prohibited from installation, construction,
repair, alteration, or relocation within the city, except as otherwise
permitted in this chapter:
(1) A-frame
or sandwich-board signs.
A-frame or sandwich-board and
sidewalk or curb signs are prohibited except as a temporary sign.
(2) Banners
and balloons or inflatable signs.
Banners and balloons
or inflatable signs, except as a temporary sign.
(3) Moving
and flashing signs.
Moving and flashing signs, except
for reader boards which convey a message.
(4) Portable
signs.
Portable signs, except as temporary signs.
(5) Signs
on parked vehicles.
Signs placed on or affixed to vehicles
and/or trailers which are parked on a public right-of-way, public
property, or private property so as to be visible from a public right-of-way
where the apparent purpose is to advertise a product or direct people
to a business or activity located on the same or nearby property.
However, this does not prohibit signs placed on vehicles and trailers
that are incidental to the primary use or ownership of the vehicle
or trailer as transportation.
(6) Signs
attached to utility poles or other surfaces.
Signs attached
to utility poles or other surfaces which are not the property of the
utility or which serve a public purpose and are located within a public
right-of-way or easement.
(7) Signs
depicting nudity.
Signs that advertise or depict, either graphically or verbally, either by explicit or literal expression, connotation or implied reference, nudity, specified sexual activity or specified anatomical areas as such terms are defined in section
9-43. No models, mannequins, pictures, drawings or sketches depicting nudity or other pictorial or graphic displays of nudity shall be allowed on a sign that is visible to the public from any street, sidewalk or other public place.
(2008 Code, sec. 111.14; Ordinance 2011-034, sec. 1, adopted 9/19/2011; Ordinance adopting 2024 Code)
The following signs are exempt from the provisions and regulations
of this chapter:
(1) Public
signs.
Signs required by governmental bodies or specifically
authorized for a public purpose by any law, statute, or ordinance.
Such public signs may be of any type, number, area, height, location,
or illumination as required by law, statute, or ordinance.
(2) Signs
on vehicles.
Signs placed on or affixed to vehicles and/or
trailers where the sign is incidental to the primary use of the vehicle
or trailer as transportation.
(3) Warning
signs.
Signs warning the public of the existence of danger
but containing no advertising material, to be removed within three
days upon the subsidence of danger. Such warning signs may be of any
type, number, area, height, location, or illumination as deemed necessary
to warn the public of the existence of danger.
(4) Flags.
Flags of governmental entities or nonprofit organizations.
(5) Governmental
signs.
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.
(6) Address
numerals and other required signs.
Address numerals and
other signs required to be maintained by and placed in accordance
with law or governmental order, rule or regulations.
(7) Athletic
signs.
Signs used as scoreboards in athletic stadiums.
(8) Directional
signs.
Signs which direct vehicles and pedestrian traffic,
which may display arrows, words, or other symbols to indicate the
direction of facilities.
(9) Directory
signs.
Signs which are located in or adjacent to entrances
or foyers.
(10) Instructional
signs.
Signs, provided there is no advertising of any
kind, which provide direction or instruction to guide persons to facilities
intended to serve the public, including but not specifically limited
to the signs identifying restrooms, public telephones, public walkways,
parking areas, and other similar facilities.
(2008 Code, sec. 111.15)
Primary and secondary permanent signs shall be permitted on
commercial shopping center sites having multitenants in accordance
with the following regulations:
(1) Primary
signs.
Each commercial shopping center having multitenants
is permitted one primary pole or monument sign identifying the shopping
center and the tenants within that center. The dimensions of a primary
sign shall be as follows:
a. Area
of primary signs.
1. Pole
sign: 200 square feet maximum.
2. Monument
sign: 100 square feet maximum.
b. Height
of primary signs.
1. Pole
sign: 30 feet maximum height.
2. Monument
sign: Six feet maximum height.
(2) Secondary
signs.
In a multitenant shopping center all signs in
addition to the primary sign identifying the center and the tenants
within the center are secondary signs. Secondary signs shall be permitted
on multitenant shopping center sites in accordance with the following
regulations:
a. Separation.
All pole or monument type secondary signs shall be separated
by a distance of at least 100 feet.
b. Number
of signs.
The total number of pole or monument type secondary
signs shall be limited according to the table as follows:
Whole Shopping Center Leasable Square Feet
|
Number of Secondary Pole or Monument Signs
|
---|
Up to 50,000 sq. ft.
|
1
|
50,000 to 100,000 sq. ft.
|
2
|
100,000 sq. ft.
|
3
|
c. Area
of secondary signs.
1. Maximum
area for a secondary pole sign: 60 square feet.
2. Maximum
area for a secondary monument sign: 48 square feet.
d. Height
of secondary signs.
1. Maximum
height for a secondary pole sign: 25 feet.
2. Maximum
height for secondary monument sign: Six feet.
(3) Other
signs.
Each tenant may be permitted one additional sign, which will be limited to one of the following: a canopy, marquee, wall, reader board, or nameplate sign meeting the requirements of Table I, Schedule of Permanent Signs, as set forth in section
30-22.
(2008 Code, sec. 111.16)
Signs may be illuminated provided that the provisions of this
section are complied with:
(1) Brightness
limitations.
The lighting intensity of a sign, whether
resulting from internal illumination or external illumination, shall
not exceed 75 footcandles when measured with a standard light meter
perpendicular to the face of the sign from a distance equal to the
most narrow dimension of the sign.
(2) Glare.
Signs shall be designed, located, shielded, and directed to
prevent the casting of glare or direct light from artificial illumination
upon adjacent public right-of-way and surrounding property.
(3) Electrical
permit.
All signs in which electrical wiring and connections
are to be used shall be subject to the applicable provisions of the
city's electrical code.
(2008 Code, sec. 111.17)
No permanent sign shall be located within or block the visibility triangle as depicted in the graphic in section
30-23. Temporary signs shall be permitted within the visibility triangle if they are less than three feet tall and comply with all other city rules and regulations.
(2008 Code, sec. 111.18; Ordinance 2011-019, sec. 4, adopted 6/20/2011)
Any sign authorized in this chapter is allowed to contain a
noncommercial message in place of any other authorized message.
(2008 Code, sec. 111.19)
Portable signs may be converted into permanent signs by permanently
affixing the portable sign to a foundation or pole. In order to convert
a portable sign, the applicant must submit a diagram indicating the
structural design of the proposed permanent sign to be reviewed by
the code enforcement officer.
(2008 Code, sec. 111.20; Ordinance 2001-008, adopted 11/27/2000)
(a) Variances
authorized.
The city council may authorize variances
to any restriction set forth in this chapter, including but not limited
to the number, type, area, height, or setback of signs, or any other
aspect involved in the sign permitting process.
(b) Approval
standards.
In granting any variance, the city council
shall consider the following criteria:
(1) Special
conditions exist which are peculiar to the land, structure or building
involved and are not applicable to other lands, buildings or structures
in the same zone. The city may attach such conditions to granting
all or a portion of any variance necessary to achieve the purpose
of this chapter;
(2) The
strict interpretation of the provisions of this chapter would deprive
the applicant of rights commonly enjoyed by other properties in the
same zone under the terms of this chapter;
(3) The
special conditions and circumstances do not result from the actions
of the applicant and such conditions and circumstances do not merely
constitute pecuniary hardship or inconveniences;
(4) Granting
the variance will meet the objectives of this chapter and not be injurious
to the adjoining property owners or otherwise detrimental to the public
welfare;
(5) The
request will be the minimum variance necessary to alleviate the special
hardship or practical difficulties faced by the applicant in meeting
the requirements of this chapter; and
(6) Granting
of the variance will be in harmony with the spirit and purpose of
this chapter.
(c) Application
process.
Any request for a variance shall be made to
the city manager, or his designated representative, and be accompanied
by a completed application and a nonrefundable filing fee in the amount
specified in the current fee schedule adopted by city council.
(Ordinance 2009-01, sec. 1(111.21),
adopted 1/19/2009)
(2008 Code, ch. 111, tables 1, 2; Ordinance 2006-002 adopted 10/17/2005; Ordinance 2011-019, sec. 5, adopted 6/20/2011)
Visibility or sight triangle: The area
of unobstructed view required at every street intersection and at
the intersection of driveways and streets. Unobstructed view must
be maintained in an area between the heights of three feet and seven
feet above the height of the adjacent roadway in a triangle formed
by the intersection's corner points on the curb 25 feet from the intersection's
corner.
(2008 Code, ch. 111, graphic)
(a) The
city council may, by duly executed license agreement, grant the exclusive
right to design, erect and maintain kiosk signs within the city limits.
(b) Kiosk
signs shall be designed and constructed in accordance with the specifications
contained in the aforementioned license agreement and in this section.
(c) Prior
to erecting any kiosk sign, the licensee shall submit a sign location
map to the city manager for approval. The sign location map shall
contain the location, orientation, and number of individual location
signs available for each kiosk sign.
(d) Kiosk
sign installation shall include break-away design features as required
for traffic signs in the street right-of-way.
(e) Advertisement
of price information shall be prohibited on kiosk signs.
(f) No additional
or extraneous signs, pennants, flags or other devices for visual attention
or other appurtenances may be attached to kiosk signs.
(g) Kiosk
signs shall not be illuminated.
(h) Individual
sign panels on kiosks shall have a uniform design and color.
(i) Kiosk
signs shall not:
(1) Interfere
with the use of sidewalks, walkways, bike and hiking trails;
(2) Obstruct
the visibility of motorists, pedestrians or traffic-control signs;
or
(3) Be
installed in the immediate vicinity of street intersections.
(j) Signs
shall comply with the visibility triangle requirements contained in
the subdivision regulations or other visibility easements provided
by code or subdivision plat.
(k) Kiosk
sign plazas may be located on private premises along I-35 and Highway
67, other state-maintained roadways, or other private properties within
the city on any city street provided written permission is obtained
from the premises owner.
(l) Kiosk
signs are intended to create a uniform coordinated method of providing
direction for prospective patrons of local businesses, prospective
purchasers of houses, and parties interested in school or municipal
events and facilities within the city limits while discouraging the
placement of other unsightly and hazardous off-site directional signs.
(m) In accordance
to the specifications contained in the aforementioned license agreement
a minimum of two kiosk sign panels per location shall be reserved
for the city to use as directional signage to municipal or community
facilities, or locations for community events.
(n) The
licensee shall be responsible for all construction, installation,
maintenance and repair of the kiosk signs at no cost to the city.
(o) Notwithstanding
anything contained herein to the contrary, any sign authorized under
this section to contain commercial copy may contain noncommercial
copy in lieu of commercial copy.
(p) The
licensee shall administer the kiosk signs and shall fill the individual
location sign spaces in accordance with the following criteria:
(1) The
spaces shall be filled according to the date the requesting location
submits an application or a request is received by the licensee on
a first-come, first-served basis.
(2) The
number of kiosk signs and spaces on each sign shall be set by the
sign location map approved by the economic development director. The
licensee may request the placement of additional kiosk signs only
if the number of unserved requests will fill an additional sign.
(3) The
licensee shall have no discretion to award or not award a space on
a kiosk sign based on the type of organization or business that requests
placement on a kiosk sign.
(4) The
locations listed on a kiosk sign must be within the city limits or
ETJ of the city.
(Ordinance 2018-013, sec. 1, adopted 7/16/2018)