Division 2. Signs

    Cross References: Businesses, TMC Title 5; sign erectors, Chapter 5.150 TMC; advertising, Chapter 9.10 TMC; buildings and building regulations, TMC Title 14; comprehensive zoning regulations relating to signs, TMC 18.20.010 et seq.

    State Law References: Highway Advertising Control Act, K.S.A. 68-2231 et seq.

Chapter 18.10
GENERAL PROVISIONS

Sections:

18.10.010    Defined.

18.10.020    Classification.

18.10.030    Ascertainment of dimensions.

18.10.040    Wind pressure – Anchorage.

18.10.050    Illumination.

18.10.060    Obstruction of doors, windows and fire escapes.

18.10.070    Interference with or similarity to traffic signals prohibited.

18.10.080    Unsafe signs.

18.10.090    Zoning.

18.10.100    Maintenance and removal.

18.10.110    Removal of signs.

18.10.120    Fines and cost of sign removal.

18.10.130    Revocation of permits.

18.10.010 Defined.

For the purpose of this division, the term “sign” means and includes any electric sign, signboard, billboard, posterboard, transparency, banner, panel poster, bulletin, sign device, any announcement, decoration, demonstration, display or insignia used to advertise or to promote the interest of any person wherein the same is placed, out of doors, upon buildings or structures or upon constructed surfaces detached from or attached to or supported by buildings, other structures or the ground, and shall also include the sign supports and appurtenances necessary thereto. The provisions of this division shall not apply to signs located on governmental or school property where the primary purpose and function of the sign is to convey messages of public rather than commercial interest or for keeping score at athletic events. (Ord. 16764 § 1, 10-18-94; Code 1981 § 39-1. Code 1995 § 118-1.)

    Cross References: Definitions generally, TMC 1.10.020.

18.10.020 Classification.

For the purpose of this division, signs are hereby classified as follows:

(a) Wall signs;

(b) Ground signs, either portable or fixed to the ground;

(c) Billboards or panel posters;

(d) Roof signs;

(e) Projecting signs; and

(f) Temporary signs and flags, banners and pennants. (Code 1981 § 39-2. Code 1995 § 118-2.)

18.10.030 Ascertainment of dimensions.

In all cases the size, dimensions, elevations and projection of signs erected, located or suspended under the provisions of this division shall be ascertained as follows:

(a) The size and dimension by measuring from edge to edge thereof, including ornamentation;

(b) The elevation by measuring from the sidewalk to the lowest edge thereof, including ornamentation; and

(c) The projection by measuring from the lot line or face of building wall to the outer edge thereof, including ornamentation. (Code 1981 § 39-85. Code 1995 § 118-3.)

18.10.040 Wind pressure – Anchorage.

Every sign must be constructed and braced to withstand a horizontal wind pressure of 30 pounds for every square foot of surface exposed. Every sign attached to a building shall be securely attached by iron or metal anchors, bolts, supports, chains, stranded cables or steel rods. All such sign supports, braces and anchors shall be kept in good repair and, unless galvanized, shall be painted once every two years. With the exception of plain signs, small wall bulletins and transparencies, bolts securing the main support of a sign to a wall shall pass entirely through the wall. In lieu of the above, bolts may be tapped into steel I beams. (Code 1981 § 39-62. Code 1995 § 118-4.)

18.10.050 Illumination.

(a) No sign shall be illuminated other than by electricity, and all signs so illuminated shall be constructed entirely of incombustible material except the insulation thereof and approved plastics for sign faces.

(b) All wiring, sockets, receptacles, switches, conductors and their supports shall be constructed and installed in accordance with the electrical code of the city and shall be subject to the inspection and approval of the city electrical inspector. (Code 1981 § 39-63. Code 1995 § 118-5.)

18.10.060 Obstruction of doors, windows and fire escapes.

No sign shall be so erected or placed so as to obstruct the doors and windows of any building or otherwise prevent free ingress or egress to or from any window, door or fire escape; nor shall any sign be attached in any form, shape or manner to any part of a fire escape. (Code 1981 § 39-64. Code 1995 § 118-6.)

18.10.070 Interference with or similarity to traffic signals prohibited.

No sign shall be hung, installed or supported in any manner, on or off of a building, which will in any way hinder or conflict with traffic signals, and no sign shall be permitted which will tend to impersonate or create a similarity to any traffic regulatory device or emergency vehicle lights. All flashing signs being like or similar to flashing traffic signs or flashing signs in the streets to indicate construction work shall be removed. (Code 1981 § 39-65. Code 1995 § 118-7.)

18.10.080 Unsafe signs.

The public works director, planning director or their designees shall notify the owner or person maintaining any sign which has become insecure or in danger of falling, or is otherwise unsafe, that such sign is unsafe. Upon receipt of such notice, the owner or person maintaining the sign shall proceed immediately to place the sign in a safe and secure manner and condition as approved by the public works director, planning director or their designees or the owner shall have the sign removed. (Ord. 17906 § 1, 10-15-02; Code 1981 § 39-66. Code 1995 § 118-8.)

    Cross References: Department of public works, TMC 2.25.170; planning department, TMC 2.25.210.

18.10.090 Zoning.

Every sign shall be subject to the provisions of TMC Title 18, Division 4, with respect to location, setback from lot lines of the premises upon which located, size and height. (Code 1981 § 39-67. Code 1995 § 118-9.)

18.10.100 Maintenance and removal.

(a) All signs must be maintained in good condition and the owner thereof shall repair any signs when ordered to do so by the public works director, planning director or their designees.

(b) If any sign is not maintained in good condition so as to meet the approval of the public works director, planning director or their designees, then the public works director, planning director or their designees may order such sign to be removed within a reasonable time. (Ord. 17906 § 2, 10-15-02; Code 1981 § 39-68. Code 1995 § 118-10.)

    Cross References: Department of public works, TMC 2.25.170; planning department, TMC 2.25.210.

18.10.110 Removal of signs.

(a) Any sign placed on private property in violation of any provision of this division or any other chapter of the code of the city may be removed and impounded by the public works director, planning director or their designees. The public works director, planning director or their designees shall prepare a written notice specifying the violation involved which shall also state that if the sign is not removed or the violation not corrected within three days, the sign shall be impounded. Additionally, the notice shall inform the recipient that he or she may appeal the violation to the board of zoning appeals. If the violation is not corrected within the stated time period, the sign shall be removed by the public works director, planning director or their designees. The city will hold the sign(s) for 10 business days. After at least 10 business days of storage, the city shall have the sign properly disposed. Prior to the expiration of the 10-business-day period the owner of the sign may secure its return upon the payment of any fines and the removal and storage fee.

(b) Any sign placed on city property, city right-of-way, and city easements, in violation of any provision of this division or any other chapter of the code of the city, may be immediately removed and impounded by the public works director, planning director or their designees. The public works director, planning director or their designees shall prepare a written notice specifying the violation involved for which the sign has been impounded. Additionally, the notice shall inform the recipient that he or she may appeal the violation to the board of zoning appeals. After at least 10 business days of storage, the city shall have the sign properly disposed. Prior to the expiration of the 10-business-day period the owner of the sign may secure its return upon the payment of any fines and the removal and storage fee.

(c) Notwithstanding the above, the public works director, planning director or their designees may cause immediate removal of a dangerous or defective sign which poses an immediate threat or hazard to person or property. The public works director, planning director or their designees shall prepare a written notice specifying the violation involved for which the sign has been impounded. Additionally, the notice shall inform the recipient that he or she may appeal the violation to the board of zoning appeals. After at least 10 business days of storage, the city shall have the sign properly disposed. Prior to the expiration of the 10-business-day period the owner of the sign may secure its return upon the payment of any fines and the removal and storage fee.

(d) Any notice of a violation shall be served by certified mail, personal delivery or posting in a conspicuous place upon the property. This notice may be served upon the owner of the sign, holder of the sign permit, or an employee or representative of the permittee and the owner of the property upon which the sign is located or owner of property adjacent to the city right-of-way on which it is located as shown on the records of the register of deeds. (Ord. 17906 § 3, 10-15-02; Ord. 17083 § 1, 2-11-97. Code 1995 § 118-11.)

    Cross References: Department of public works, TMC 2.25.170; planning department, TMC 2.25.210; board of zoning appeals, Chapter 2.45 TMC.

18.10.120 Fines and cost of sign removal.

(a)(1) It shall be unlawful to violate TMC 18.10.110(a). Further, each violation of TMC 18.10.110(a) shall be subject to an administrative monetary penalty in the amount of $50.00 levied by the public works director, planning director or their designee. Every day of violation shall be a separate and distinct offense.

(2) The fine may be collected from the property owner, sign owner, or permittee. If the property owner or permittee fails to pay the fine, such fine shall be certified to the city clerk, who shall assess the costs as a special assessment against the lot or parcel of land upon which the sign was located in the manner provided by law.

(3) Notwithstanding the foregoing, the public works director, planning director or their designees may, in addition to imposing an administrative monetary penalty, cause an individual violation of TMC 18.10.110(a) to be prosecuted in municipal court.

(b) Any sign removed by the public works director, planning director or their designees may be disposed of in any reasonable manner deemed appropriate by the city. The following fee schedule for removal and storage of unauthorized or hazardous signs is hereby established:

(1) Routine removal, each: $30.00.

(2) Removal requiring special equipment or extra labor: Actual cost of removal.

The fee may be collected from the property owner, sign owner, or sign permittee. If the property owner, sign owner, or permittee fails to pay the authorized fee, such fee shall be certified to the city clerk, who shall assess the costs as a special assessment against the lot or parcel of land upon which the sign was located in the manner provided by law. (Ord. 17982 § 1, 3-25-03; Ord. 17906 § 4, 10-15-02; Ord. 17083 § 2, 2-11-97. Code 1995 § 118-12.)

    Cross References: City clerk, TMC 2.25.110; department of public works, TMC 2.25.170; planning department, TMC 2.25.210.

18.10.130 Revocation of permits.

The public works director, planning director or their designees may revoke any sign permit under the provisions of this division or order the removal of any sign for any of the following reasons:

(a) Whenever a permit holder is convicted of a violation of any of the provisions of this division or any other ordinance relating to signs;

(b) Whenever a permit holder is convicted of any violation of any condition on which the permit was based;

(c) Whenever any false statement or misrepresentation has been made on the application on which the issuance of the permit was based;

(d) Whenever the sign owner has failed to maintain a sign in conformance with this division or any other ordinance relating to signs;

(e) Whenever the owner obtains a change in the zoning of the lot and the existing sign becomes nonconforming. (Ord. 17906 § 5, 10-15-02; Ord. 17083 § 3, 2-11-97. Code 1995 § 118-13.)

    Cross References: Department of public works, TMC 2.25.170; planning department, TMC 2.25.210.