This article shall be known as the “Sign Regulations” and may be cited as such, and may be referred to as the “sign code.”
(1) These sign regulations are adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the zoning ordinance. The purposes of these sign regulations are:
(a) to encourage the effective use of signs as a means of communication in the city;
(b) to maintain and enhance the aesthetic environment and the City’s ability to attract sources of economic development and growth;
(c) to provide for a desirable and attractive living environment through harmonious and uniform signage;
(d) to improve pedestrian and traffic safety;
(e) to minimize the possible adverse effect of signs on nearby public and private property;
(f) to provide for the fair and consistent enforcement of these sign restrictions.
(2) It is the purpose of this code to provide minimum standards to safeguard life, health, property, property values and public welfare by regulating and controlling the quality of materials, construction, location, installation and maintenance of signs, in addition to the number, size, sign type, and type of illumination of all signs and sign structures located on private property.
(1) Every sign shall conform to the requirements of this code, irrespective of when such sign was established within the City limits unless otherwise allowed for in these sign regulations. Any sign shall, by definition, be a structure. No sign shall be erected, enlarged, constructed or otherwise installed without first obtaining a sign permit, and a sign permit shall be legally issued only when in compliance with this sign regulation. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial.
(2) Zoning District Requirements. Signs are allowed in each zoning district as provided in Table 2: NON-RESIDENTIAL SIGNS BY STRUCTURAL TYPE AND ZONING, and Table 3: SIGNS PERMITTED BY ZONING DISTRICT. The Appendices list requirements by numbers of signs allowed (per structure or on each premises), size, height, setbacks, and illumination. The cells in the tables list exclusively permitted signs and standards; except that ground signs, elevated signs, and monument signs are mutually exclusive: one sign is allowed, only, per premises.
(3) Nonconformities. Nonconforming signs may be considered for variance by the Board of Zoning Appeals.
(4) Sign Code Text Amendments. These regulations shall be amended only upon receipt of a recommendation of the Eudora Planning Commission, which shall be submitted to the City Council only after a public hearing in the same manner as for a zoning ordinance text amendment.
In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or other legislation of the City existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the safety, welfare and health of the people shall prevail. If any part of this code should be declared invalid for any reason, such decisions shall not affect the remaining portions of this code.
In any case where a requirement of this Article is in conflict with another Article of the zoning regulations, the stricter requirement shall apply.
In any case where a requirement of this Article applies to premises in the purview of the City of Eudora Historic Preservation Commission, such requirement shall be subjected to that commission’s review in whatever procedure is applicable by law prior to issuance of a sign permit and, if applicable, prior to submission to another city board for review.
Any word or phrase, which is defined in this section, shall have the meaning assigned to it by the section whenever the word or phrase is used in these sign regulations. See Section 12-1208 for definitions and/or descriptions of Functional Types and Structural Types of signs.
(1) AWNING: A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, walkway, or window from the elements. Awnings are often made of fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the building.
(2) ELEVATION: A depiction or drawing to scale showing horizontal and vertical elements of a building or structure, including but not limited to walls, roof lines and other architectural features.
(3) FAÇADE: The front of a building or any of its sides facing a public way or space, especially one distinguished by its architectural treatment.
(4) FREESTANDING: A structure permanently attached to the ground and that is wholly independent of any building or other structure. The term “freestanding sign” includes, but is not limited to, ground signs and monument signs.
(5) FULLY ILLUMINATED: Any structure that is illuminated by an external or internal light source that is visible.
(6) ILLUMINATED: See Fully Illuminated, Indirectly Illuminated and Internally Illuminated.
(7) INDIRECTLY ILLUMINATED: Any structure that is partially or completely illuminated at any time by an external light source that is shielded to not be visible at eye level.
(8) INTERNALLY ILLUMINATED: Any structure that is illuminated internally over its entire area by use of electricity or other artificial light.
(9) MARQUEE: A roof-like structure, often bearing a sign, projecting over an entrance, as to a theater.
(10) MONOLITHIC BASE: A solid support of a sign face the width of which is no less than 50 percent of the sign face width.
(11) MULTI-FACED: A sign structure that contains two (2) or more sign face surfaces that are located on different sides of the structure and are separated from each other at their nearest point by no more than three (3) feet.
(12) MULTI-TENANT NONRESIDENTIAL DEVELOPMENT: A single office, commercial or industrial parcel that is designed or intended for occupancy by two or more businesses.
(13) PARCEL: A lot or contiguous group of lots under single ownership, or under single control usually considered a unit for purposes of residence, development, and/or business.
(14) PREMISES: A lot or parcel, together with all buildings and structures thereon.
(15) SEASONAL BASIS: The culturally accepted period for observance of religious, national, or state holidays.
(16) SIGN: Any object, device, display, or structure, or part thereof, that is used to advertise, identify, display, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sings are accessory structures to the principal structure or use on a parcel.
(17) SIGN FACE: The area or display surface as defined in these regulations.
(18) SIGN HEIGHT: The vertical distance to the highest point of a sign structure, as measured from the average grade at the base of the structure or directly below a projecting structure.
(19) SIGN STRUCTURE: All elements of a sign, including the sign face, background or decorative elements related to the presentation of the sign’s message, and the structural supports.
(20) TEMPORARY EVENT: An activity having a specific duration, the sign for which shall be placed upon initiation of the temporary event, and removed within a specified period after termination of the event.
(21) TENANT: One who possesses or occupies land or buildings by title, under a lease, or through payment of rent; an occupant, inhabitant, or dweller of a place.
Table A presents the type, maximum number, size, height, and other restrictions relating to specific signage that are permitted by right in each zoning district.
Figure 12.1
EXAMPLES OF
CERTAIN PERMITTED AND PROHIBITED SIGNS
(1) Functional Sign Types
(a) Animated signs: Electronic signs with computer-generated animation that are components of otherwise permitted signs for a principal land use on the premises where the sign is placed; and whose message does not attract the attention of viewers through flashing displays.
(b) Attention Attracting Device: Any flasher, blinker, animation, or other object displayed temporarily to attract the attention of the public to a temporary event.
(c) Banners: A temporary sign of lightweight fabric or similar material that is mounted to a pole or building. Promotional banners may be used to announce open houses or grand openings, or special events.
(d) 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 or persons connected with it, and announcement of persons, events or activities occurring at the institution. Such sign may also present a greeting or similar message.
(e) Business Sign: A sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
(f) Construction Sign: A temporary sign indicating the names of the architects, engineers, landscape architects, contractors and similar artisans involved in the design and construction of a structure, complex or project only during the construction period and only on the premises on which the construction is taking place.
(g) Electronic Message Board: A type of sign that presents its message through illumination of intermittent, or moving lights forming the letters, numbers, or symbols of the message, whether or not the message appears to move across the sign face.
(h) Entrance/Exit Sign: A sign used to safely direct vehicular traffic into or out of a parcel or to or from a business via a driveway from a street if each sign complies with the following:
(I) Entrance/exit signs may be located at driveways that provide access into or from the parcel.
(II) There shall be no more than two (2) signs per driveway.
(III) Each sign shall not exceed six (6) square feet in sign area nor be more than two and one-half (2½) feet in height.
(i) Identification Sign: A sign giving the name and address of a structure, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
(j) Incidental Sign: An announcement or other display providing information about the occupancy or conduct of business permitted on a premises, such as logos of credit cards accepted on the premises, hours of operation, a “closed or “open” sign, emergency contact name and phone number, street address, “help wanted”, “no loitering or solicitations”, security system notices, notices required by law and similar information.
(k) Inflatable Sign: A sign that is intended to be expanded by air or other gas for its proper display or support.
(l) Name Plate Sign: A sign giving the name and/or address of the owner or occupant of a structure or premises on which it is located and, where applicable, a professional status.
(m) Off-premise sign: Any sign not on the premises for which it advertises.
(n) Pole sign: A freestanding sign attached to a bare pole, as distinct from an “elevated sign.”
(o) Project Entrance Sign: A sign located at a discernible entrance into a particular subdivision, development, or office or industrial park.
(p) Real Estate Sign: A temporary sign pertaining to the sale or lease of a 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 on which the sign is located.
(q) Snipe Sign: A sign not otherwise allowed by these regulations that is attached to a fence, tree, temporary structure, utility pole or any other public property, except those placed by agencies of the federal, state or local government.
(r) Temporary Event Sign: Sign for a temporary event as defined in these regulations provided they comply with the conditions of these regulations.
(2) Structural Sign Types
(a) Awning, Canopy or Marquee Sign: A sign that is mounted on, painted on, or attached to, an awning, canopy or marquee. No such signs shall project above, below or beyond the awning, canopy or marquee.
Figure 12.2
CANOPY SIGN
(b) Ground Sign: Any sign placed upon, or supported by, the ground independent of the principal structure on the parcel, where the bottom edge of the sign is less than six feet above the ground, and the support structure is no less than 50 percent of the width of the face of the sign, presenting a monolithic base.
GROUND SIGN
· Maximum height Varies by Zoning District.
· Planter is optional in industrial districts.
· Landscaping is required. The landscaping shall extend no less than three feet from the base of the sign.
(c) Elevated Sign: Any sign placed upon, or supported by, the ground independent of the principal structure on the parcel where the bottom edge of the sign is ten feet or more above the ground level, and where the support structure is other than a bare pole.
Elevated Sign
· Z = Maximum height Varies by Zoning District. See Table. Height is measured from the base elevation of the street frontage.
· Landscaping is required in other than industrial zoning districts.
· The support structure must be other than a bare pole and present a monolithic appearance.
(d) Monument Sign: Any sign whose base is greater in width than the face of the sign, and whose height is no greater than six (6) feet.
Monument Sign
· X = ± 110% of the width of the sign face.
· Y = ± 10% of the width of the sign face.
· 6’ maximum height.
· Landscaping is required in other than industrial zoning districts. The landscaping shall extend no less than three feet from the base of the sign.
(I) Subdivision Monument Signs. All subdivision monument signs shall comply with the following regulations.
(i) Materials. All subdivision monument signs shall have a masonry or concrete substructure with surfaces of clay brick, split-face concrete block, stone, or stucco; or shall have similar durable construction materials; and the surfaces shall not be painted. Wood shall not be used.
(ii) Lighting. Any lighting shall be designed to minimize glare in all directions to the greatest extent possible. High intensity lights, such as floodlights, shall not be used to illuminate the sign.
(iii) Landscaping. Landscaping is required at the base of the sign that blends the sign into the environment. The proposed landscaping shall be identified at the time a sign permit is requested, and the proposed landscaping shall be subject to approval by the City with the sign permit. The landscaping shall not block the sign face area.
(iv) Plat Easement or Tract. The subdivision plat shall dedicate an easement for access to a lot or parcel for the express and sole purpose of erecting and maintaining a subdivision monument sign; or if dedicated to a homes association, designate a “Subdivision Monument Sign Tract” with sign maintenance vested with a homes association.
(e) Temporary Freestanding Sign: A sign that is intended to be easily moved and that is not permanently affixed to a structure or the ground, including but not limited to a-frame, t-frame and sandwich-board signs. Banners on t-posts are not included in this definition.
Temporary Freestanding Sign
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(f) Portable Display Sign: A movable display, capable of relocation, under its own power, or towed by a motor vehicle. The display message of the sign may be painted or non-painted and capable of being readily altered. Portable display signs may be with or without electrical illumination, power or wheels.
Portable Display Sign
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(g) Projecting Sign: A sign that is wholly or partly dependent upon a structure for support and which projects more than twelve (12) inches from such structure. Projecting signs shall not project more than five and one-half (5½) feet beyond the face of the building. Projecting signs shall be a minimum of ten (10) feet above the level of any sidewalk from the bottom of the sign.
Projecting Sign
(h) Roof Sign Elevated/Projecting: A sign totally supported on the roof of a structure, not including flush-mounted logo roof signs. Elevated/projecting roof signs shall not project more than 12 inches beyond the face of the structure. In no case shall an elevated/projecting roof sign project more than 10 feet beyond the highest point of the portion of the roof on which the sign is located (compare to “flush-mounted logo roof sign”), and shall not project above the top ridge line of the main roof.
Figure 12.9
(i) Roof Sign Flush-Mounted Logo: A sign totally supported on the roof of a structure that displays the logo of the tenant of such structure. Flush-mounted logo roof signs shall be mounted parallel to and flush with the roof’s surface. In no case shall a flush-mounted logo roof sign project above the highest point of the roof (compare to “elevated/projecting roof sign”).
Figure 12.10
Roof Sign
Flush Mounted
(j) Roof-Top Sign: A sign totally supported on the top of the roof of a structure, no portion of which is below the ridge of the roof or, on a flat roof, below the main roof line.
Figure 12.11
Roof-top Sign
(k) Wall Sign: A building-mounted sign either attached to or displayed or painted on an exterior wall in a manner parallel with the wall surface and not projecting from such surface more than 12 inches.
Wall Sign
(l) Window Sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Window Sign
The following signs are exempt from the restrictions and regulations imposed by the Sign Regulations as specified herein. (See list of signs exempted from permit requirements in the next section.)
(1) Total Exemptions. The following signs shall be exempt from the requirements of this article, except for the provisions of Sections 16-1204 above:
(a) Integral Product Logos. Brand names or logos on products, product containers, or dispensers that are an integral part of the product or the product’s packaging.
(b) Urban Design. A building design, color, or motif that is associated with a particular establishment or organization, but that conveys no commercial message.
(c) Official signs: Signs placed by a governmental body, governmental agency, or public authority, such as traffic signs, signals, or regulatory devices or warnings; official emblems, public notices, or official instruments; or regulatory signs having to do with health, safety, parking, swimming, dumping, etc.; or signs of historical interest; signs designating areas of architectural or historical significance or gateways; or temporary communitywide event signs, including banners on public utility pole brackets placed by public entities for public events; or other properties controlled by such governmental body, agency, or authority.
(d) Property address sign: A sign limited in content to the street name and address number of the building or property to which it is affixed, provided that the sign consists of lettering no larger than five (5) inches in height on a building or three inches on a mailbox.
(e) Legal posting: A sign intended to convey a legal right or restriction on a property, such as a “no trespassing” or “no hunting” sign; a sign intended to warn the public of a bona fide danger on the property, such as “beware of the dog” sign; or a sign placed by order of a court or by a governmental official in the normal course of their duties, such as posting of a legal notice or a “building condemned” sign.
(f) Flags or emblems of a government or of civic, philanthropic, educational or religious organization, displayed on private property.
(g) Memorial signs and tablets displayed on private property.
(h) Small signs, not exceeding three square feet in area, displayed on pri-vate 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; except that such signs shall not display logos or other business advertisements.
(i) Scoreboards and special event sponsorship signs in and on athletic stadiums.
(j) Temporary signs for the sale of household goods at a residence (for example, garage sales or auctions).
(2) 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:
(a) Name plate signs for a single-family or two-family dwelling.
(b) Business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises.
(c) On-site real estate signs.
(d) Window signs.
(See list of totally exempted signs in prior section.)
The types of signs
listed below are prohibited and may be removed by the City of Eudora at any
time and without notice if on the public rights-of-way; or otherwise, through
adopted regulatory enforcement proceedings.
(1) Snipe Signs
(2) Sound or Smoke Emitting Signs: Signs that
emit or utilize in any manner any sound capable of being detected on any
traveled street or highway by a person with normal hearing; or signs that emit
smoke, vapor, particles, or odors.
(3) Pole Signs
(4) Portable Display Signs
(5) Moving/Flashing Signs
(6) Off-premises Signs, other than Temporary
Off-site Promotional Real Estate Development Signs; Official Signs; and
Temporary Public Interest Events Signs
(7) Roof-top Signs
Amortization of Certain Signs. The types of signs listed below are prohibited; except that, legally erected existing signs—because of their more substantial construction and the economic investment in them by their owners—may remain until removed by the owner of the parcel on which the prohibited sign is located, or by the operator of the business for which the sign is displayed. Any sign not removed within the time period listed may be removed by the City of Eudora through standard regulatory enforcement proceedings:
(1) Pole Signs: seven years from the adoption of these sign regulations, if not brought into compliance or removed upon termination or relocation of the subject business.
(2) Portable Display Signs and Moving/Flashing signs: one year from the adoption of these sign regulations.
Temporary event signs shall be erected and maintained in a safe and attractive manner and shall be subject to applicable regulations except as specifically modified herein.
(1) Duration. The temporary event sign may be placed upon initiation of the temporary event, and must be removed within a specified period after termination of the event. Initiation and termination of particular events shall be interpreted as follows:
(a) Public Election Campaign. Initiation upon the last day of qualification of candidates or certification of a ballot question and termination upon the election of a candidate to office or resolution of a ballot question.
(b) Real estate sale or lease. Initiation upon the actual availability of the property or premises for sale or lease, and termination upon execution and acceptance of a final contract for the real estate transaction.
(c) Building construction or remodeling. Initiation upon issuance of a building permit and termination upon issuance of the certificate of occupancy or approval for connection to electric power for the work authorized by the building permit.
(d) Business Promotion /Event Signs. Yearly permitted use for commercial businesses to promote special products or special events. Businesses are allowed up to twelve (12) events per year, and a particular promotion/event may not exceed six (6) weeks from the date the sign was established. Such signs shall require a sign permit to be obtained from the City Codes Administrator. Initiation is upon filing of business promotion/event sign permit and will terminate one (1) year after the permit has been recorded.
(e) Public Interest Events. Time-limited events sponsored by or benefiting a nonprofit organization may display temporary offsite signs four (4) weeks prior to the event initiation. The signs shall be removed upon completion of the event, not to exceed twenty-eight (28) days per event or four (4) events per year for each organization. Such signs shall require a sign permit to be obtained from the City Codes Administrator. Proof of 501(c)(3) nonprofit status shall be required at the time of application for a sign permit, and the filing fee shall be waived. Signs for events meeting the above criteria shall be subject to the following requirements:
(I) Sign area shall not exceed twenty-four (24) square feet per face with a maximum of two (2) faces per sign;
(II) Sign height shall not exceed four (4) feet;
(III) Signs shall only be placed on private property provided that prior written permission has been obtained from the owner of the property;
(IV) Signs may not be placed in any street right-of-way, alley, median, highway interchange, public park or at other publicly owned facilities, and may not be placed on any utility poles, light poles, or street signs;
(V) Offsite signs shall be placed at least ten (10) feet from the back of the curb, or at least one (1) foot behind a sidewalk, whichever is greater;
(VI) Signs shall not be lit in any manner;
(VII) No more than four (4) total offsite signs shall be permitted for any one event; and
(VIII) Signs shall not impede the sight lines at any intersection, or ingress/egress point for a property.
(2) Number of temporary event signs. Only one (1) temporary event sign related to each temporary event may be located on a parcel at any one time, unless otherwise restricted; except that, multiple signs on a property shall be permitted if multiple participants each have unique signs for the temporary event; and except that, one additional temporary freestanding sign may be displayed per street side.
(3) Size of temporary event signs. Unless otherwise restricted:
(a) Single- and two-family Residential Districts. Temporary event signs located on properties occupied by or zoned for residences shall not exceed six (6) square feet in area and three (3) feet in height. Temporary freestanding sign gross face area shall not exceed nine (9) square feet.
(b) Multifamily and Nonresidential Districts. Temporary event signs located on properties occupied by or zoned for nonresidential uses shall not exceed thirty-two (32) square feet in area and six (6) feet in height; except that inflatable signs may be larger. Temporary freestanding sign gross face area shall not exceed sixteen (16) square feet.
(4) Construction. Construction of temporary event signs shall meet commonly accepted design parameters, as well as construction and materials standards for each sign type, and shall be removed if found to be a threat to the health, safety and welfare of the public by City Zoning and Building Officials; except that electrified temporary signs shall meet electrical codes.
(1) Conformance to Building Codes
(a) In addition to the Sign Permit required by this Chapter, a building permit shall be obtained from the Code Inspector prior to installation or placement of any freestanding sign having a sign structure area of thirty-two (32) square feet or greater. All signs for which a building permit is required shall be constructed and maintained in conformance with all Building Code and Electrical Code requirements.
(b) Plans required for issuance of a building permit for a sign shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a structural engineer registered in the State of Kansas, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code.
(c) All signs involving internal lights or other electrical devices or circuits shall display a label certifying it as being approved by the Underwriter’s Laboratories, Inc.
(d) All electrical service to a sign shall comply with the Electrical Code.
(e) Clearance from all electrical power lines shall conform to the requirements of the Electrical Code.
(2) Sign Maintenance
(a) All signs, together with all their supports, braces, guys, and anchors shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.
(b) All signs shall be maintained in accordance with all City ordinances, including ordinances concerning nuisances and vegetation.
(3) Sign Limitations
(a) Sign Height: Sign height shall be measured from the ground elevation at the base of the sign to the highest element of the sign.
(b) Signs Indirectly Illuminated: Indirectly illuminated signs shall not allow light to spill directly onto neighboring property.
(c) Time/Temperature Signs: A sign which displays the current time and/or temperature by use of intermittent lighting shall limit the lighting changes to text indicating time and/or temperature.
(d) Animated Signs: Electronic animated signs may be permitted as a component of a sign in conjunction with a primary use on the property where the sign is placed. Electronic message panels and animation shall be permitted only where they convey changing information directly related to the use of the principal structure on the premises. The applicant may propose, and the City may condition its approval to require operational limitations, such as hours of operation, mode of operation, brightness or frequency of display change, and other matters related to the health, safety and welfare of the public. No electronic message panel shall be permitted unless the Governing Body determines that the following conditions will be met:
(I) The message area of the panel must be oriented toward a local thoroughfare street or highway, and shall not be readily visible from any existing residence within a 300-foot radius of the sign.
(II) The mode of operation for the panel display shall be limited to the fade in/fade out mode where a message appears on the sign, is dissolved or turned off, and another message takes its place, not to exceed a change of message or animated image more than six per minute. The display area of the panel shall not be operated to attract the attention of viewers through flashing displays.
(III) The proposed message panel will not degrade traffic safety given its size, height, color, brightness, mode of operation and its relationship to surrounding traffic patterns, speeds and roadway geometrics.
(IV) The proposed message panel shall be designed as an integral part of a larger sign package for the principal land use of the parcel.
(V) No portion of the animation or electronic message panel shall exceed the height limit for the sign in the subject district, or 20 feet in height above the average elevation of the surrounding grade, whichever is less.
(VI) Animated signs permitted by the provisions of this section shall comply with all other sign requirements.
(4) Computation of Sign Area
(a) To determine compliance with the maximum allowable sign areas permitted under this Code, the area of a sign shall be considered the sign face area unless otherwise stated.
(b) Sign face area: The area of a sign face shall be computed as the area within the smallest rectangle enclosing the limits of a sign face, or the combination of the areas of all such rectangles delimiting each sign face. The area shall include any frame or material, texture, or color forming an integral part of the sign face, or differentiating the sign face from the structure upon which it is placed; but shall not include the support structure itself.
(I) The computation of the area of a sign face shall not include the structure, supports or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those portions contained within the rectangle that delimits the sign face.
(II) For any sign on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the sign face area shall include the entire area within which any words, letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture, or color forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed.
(c) On lots where more than one sign is located, the total gross area of all the signs shall not exceed the maximum gross area for one sign permitted by this regulation, unless otherwise approved by a “Master Signage Plan.”
(d) Sign Structure Area: The area of a sign structure shall be computed as the area within the smallest rectangle enclosing the limits of the surface of a sign whereon the sign face may be placed, including all portions of a sign structure that provide a background for the sign face but are not intended to contain any message or idea and are purely structural or decorative in nature.
(I) Any open space contained within the limits of the rectangle delimiting the sign face, or sign structure shall be included in the computation of the area of the sign face, sign face module, or sign structure.
(II) For multi-faced signs, when the sign face surfaces are parallel (back-to-back), or where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle.
Figure 12.14
EXAMPLES OF SIGN FACE AREA MEASUREMENTS
Figure 12.15
EXAMPLES OF SIGN STRUCTURE AREA MEASUREMENTS
(5) Traffic Safety
(a) 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.
(b) No sign shall be placed so as to be located within or project over any public right-of-way, unless excepted by the Planning Commission following consideration and determination of conformance with the following criteria:
(I) Signs projecting over the sidewalk in the DC Downtown Commercial District may be excepted, provided that no sign projected over a sidewalk shall cause potential injury to pedestrians.
(II) The City maintains the right to remove or relocate any sign within the right-of-way as may be necessary to maintain, improve or expand infrastructure and other public improvements within the existing right-of-way. Removal, relocation or other necessary action shall be at the expense of the developer, property owner, building owner and/or association responsible for the sign or to which the sign is associated.
(III) Under no circumstances shall any sign be placed in the sight triangle as defined by this regulation.
(6) Lineal Street Frontage. In those districts where gross sign area is allocated based on lineal street frontage and the tract or parcel is adjacent to more than one street, the lineal street frontage shall be computed as follows:
(a) For those tracts or parcels located on major streets as designated in the Major Street Plan of the Comprehensive Plan, the lineal street frontage shall be the distance of that property line abutting the major street.
(b) For those tracts or parcels not located on a major street, the lineal street frontage shall be one-half the sum of all the street frontages.
(7) Landscaping. Ground signs, monument signs, and elevated signs shall be landscaped as required in these regulations.
All signs legally existing at the time of passage of these regulations and which are made non-conforming, and are not subject to amortization requirements may remain in use under the conditions of legal nonconformance. Signs in legal nonconformance shall not be enlarged, moved, lighted, or reconstructed; however, the change of the advertising display shall not be restricted except as previously stated.
(1) Abandoned Signs
(a) Any sign that provides notice of a special event or a temporary event or any other temporary purpose that has occurred shall be deemed to have been abandoned.
(b) Any sign that fails to meet the maintenance requirements of this Code shall be deemed to be abandoned.
(2) Sign removal
(a) Prohibited signs may be removed immediately by an order of the City as provided in Sub-section 12.100.
(b) Signs that are deemed to be abandoned or otherwise found to be in violation of this Code shall be removed by the owner of the sign or owner of the premises within thirty (30) days from the written notice by the City. The City Codes Administrator shall have the discretion to grant an additional thirty (30) days for the required improvements to be made provided substantial progress is being made to correct the deficiencies and a written request for an extension is received at least five (5) working days before the end of the original notice. Any signs not removed within the time period required by this subsection may be removed by the City and all costs charged to the owner of the premises upon which the sign was located, or the owner of the sign itself.
(c) Should any sign become in danger of falling or otherwise unsafe in the opinion of the Code Inspector, the owner or person or firm maintaining the sign shall, upon written notice from the City, forthwith in the case of immediate danger and in any case within ten (10) days, remove such sign or secure it in a manner approved by the City. Any sign not removed or secured within ten (10) days from the written notice may be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which the sign was located, or in the sign itself.
(d) If any sign is installed, erected, or constructed in violation of this Code, the owner or person or firm maintaining the sign shall, upon written notice from the City, within ten (10) days, remove the sign or bring it into compliance with this Code. Any sign not removed or properly altered within ten (10) days from the written notice may be removed by the City and all costs charged to the owner, agent, or person having beneficial interest of the building or premises upon which the sign was located, or in the sign itself.
Developer/Owners of commercial centers may elect to submit a Master Signage Plan to accommodate multiples signs in one development. If a developer elects to submit a Master Signage Plan, no permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan for the zone lot on which the sign will be erected has been approved by the City as conforming with this section.
(1) Submittals. For any zone lot on which the owner proposes a sign requiring a permit, the owner shall submit a Master Signage Plan containing the following:
(a) An accurate plot plan of the zone lot, at such scale the City may reasonably require;
(b) Location of buildings, parking lots, driveways, and landscaped areas on such zone lot;
(c) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot(s) included in the plan under this ordinance; and
(d) An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not; except that incidental signs need not be shown.
(2) Sign Design Standards and Development Requirements
(a) The Master Signage Plan shall specify standards for consistency among all signs on the zone lot with regard to:
(I) Lettering or graphic style;
(II) Lighting;
(III) Location of each sign on the buildings;
(IV) Material; and
(V) Sign proportions.
(b) Consent: The Master Signage Plan shall be signed by all owners or their authorized agents in such form as the City shall require.
(c) Procedures: A Master Signage Plan shall be included in any site plan or other official plan required by the City for the proposed development and shall be processed simultaneously with such other plan.
(d) Amendment: A Master Signage Plan may be amended by filing a new Master Signage Plan that conforms with all requirements of the ordinance then in effect.
(e) Binding Effect: After approval of a Master Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance. In case of any conflict between the provisions of such a plan and any other provision of this ordinance, the ordinance shall control.
In addition to a building permit as may be required under the City of Eudora Building Code, a sign permit shall be obtained from the City Codes Administrator prior to installation or construction of any sign regulated under this Code except for those signs specifically exempted under this Code. Sign permits shall be granted pursuant to the provisions governing sign permits. The fee for all sign permits shall be established by the City Council from time to time; except that, there shall be no fee for temporary signs, other than business promotion/event signs.