Section 25
SIGNS

25-010 PURPOSE

A.    The purpose of this section is to recognize the community’s need for effective individualized identification, to prevent confusing and objectionable clutter, to promote traffic safety, to protect property values by enhancing the harmony between residential and commercial uses, and to preserve, protect and promote the public health, safety and general welfare.

B.    These regulations are adopted to assure fair and consistent regulation of signs within the City. No land, building or structure shall be used for signage purposes except as specified herein. (Ord. 1393, 2015)

25-011 DEFINITIONS

A.    “A” Frame Sign. A freestanding sign which is ordinarily in the shape of an “A” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure.

Example of “A” Frame (or Sandwich Board) Sign

B.    Abandoned Sign. A sign which no longer advertises or identifies a business, lessee, owner, product, activity, message or location that is available to the public.

C.    Animated Sign. A sign that has movement or the appearance of movement of either the sign content or components, which is produced either mechanically or electronically.

Example of Animated Sign (A Rotating Sign)

D.    Attention-Attracting Device. Any device intended to attract the attention of the public to an establishment, location, product or service, except signs as permitted by this section. Such device or sign may include balloons, flags or pennants, search lights, twirling signs, inflatable objects, etc.

E.    Average Grade. The area immediately below and within a radius of 20 feet of a sign.

F.    Awning Sign. A building-mounted sign that provides additional functionality as shelter. Awnings are often made of fabric or flexible plastic supported by a rigid frame, and may be retracted into the face of the building.

Example of an Awning Sign

G.    Banner. A sign made of flexible materials and supported along one or more sides or at two or more corners by staples, tape, wires, ropes, strings, or other materials that are not fixed or rigid.

H.    Canopy.

1.    Canopy Sign – Building. A roof-like cover, including an awning, attached to a building covering the entrance, exit, walkway, or loading dock, not including the building roof line extension. For the purpose of this section, when the pitch of a building canopy is 1:4 or less (25 degrees or less from vertical), the face of the canopy shall be considered part of the wall. A marquee is not a canopy sign.

Example of a Canopy Sign – Building

2.    Canopy Sign – Freestanding. A self-supported, detached roof-like structure, such as a structure covering gas fueling stations.

Example of Canopy Sign – Freestanding

I.    Changeable Copy Signs. A sign or portion thereof on which the copy or symbols change manually though placement of letters or symbols on a panel mounted in or on a track system.

Example of a Changeable Copy Sign

J.    Complex. A group of freestanding buildings, or buildings constructed in such a manner as to give an appearance of being interrelated because of architectural similarity and/or interconnected drives and parking areas; or a building divided into three or more separate offices, businesses, or apartments. A complex shall be limited to apartment, office or business complexes, shopping centers and/or industrial parks.

K.    Complex Sign. A freestanding sign used to advertise an apartment complex, office complex, business complex, shopping centers or industrial parks.

Example of a Monument Complex Sign

L.    Directional Sign. Signs designed to provide direction to pedestrian and vehicular traffic.

M.    Dissolve. A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

N.    Electronic Message Board. Uses changing lights to form a sign message(s) or symbols that are electronically programmed and can be modified by electronic processes by remote or automatic means.

O.    Fade. A mode of message transition on an electronic message display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

P.    Flag. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.

Q.    Flashing Sign. A sign that gives the effect, either directly or indirectly, of intermittent movement, or changes to give two or more visual effects.

R.    Frame. A complete, static display screen on an electronic message display.

S.    Frame Effect. A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.

T.    Illuminated Sign. A sign illuminated in any manner by an artificial light source.

U.    Incidental Sign. A sign 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 signs shall be construed to be incidental signs.

V.    Indirectly Illuminated Sign. A sign which is illuminated by a shielded light source.

W.    Internally Illuminated Sign. A sign illuminated by an internal light source diffused through a translucent material.

X.    Inflatable Sign. A sign that is intended to be expanded by air or other gas for its proper display or support.

Y.    Interim Sign. A sign that is designed to be used only for a specified period and not permanently mounted to a structure or permanently installed in the ground, such as (but not limited to) real estate signs, garage sale signs, political signs, and auctions.

Z.    Lights. The following lights are not allowed on a sign, as a sign, or in conjunction with a sign within the City of Tonganoxie:

1.    Search Light. A projected beam of light.

2.    Twirling or Flashing Lights. Lights that flash or twirl either erratically or rhythmically for the purpose of drawing attention to an object or event.

3.    Strobe Light. A device that utilizes a flash tube for high-speed illumination.

4.    Disco Balls. A sphere with miniature mirrored or reflective tiles attached to the surface for the purpose of reflecting light in many directions.

AA.    Marquee Sign. A sign mounted on a permanent canopy with changeable letters.

Example of a Marquee Sign

BB.    Monument Sign. A freestanding sign mounted on the ground and having a solid appearance and a low profile, normally consisting of a face and base. The width and length of the supporting base shall be no less than the sign face.

Example of a Monument Sign

CC.    Mural. A picture on an exterior surface of a structure. A mural is a sign only if it’s related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business. Murals that are considered a sign must meet the requirements of wall signs in this section.

DD.    Name Plate. Containing the names of buildings and date of erection and/or other pertinent information, when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached flush with the wall surface.

Example of a Nameplate or Memorial Plate

EE.    Off-Site Sign. An outdoor sign whose message directs attention to a specific business, product, service, entertainment event or activity, or other commercial or noncommercial activity, or noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. Also known as a third-party sign, billboard, or outdoor advertising.

FF.    Pennant. A sign, with or without a logo, made from one or two corners, used in combination with other such signs to create the impression of a line.

Example of a Pennant

GG.    Pole or Pylon Sign. A sign, placed so that the bottom edge of the sign face is six feet or more above the average surrounding grade, and supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

Example of a Pylon Sign

Example of a Pole Sign

HH.    Political Sign. An interim sign intended to advance a political statement, cause, or candidate for office.

II.    Portable Sign. A temporary sign which is not permanently affixed to the ground, building or other structure, which may be mounted on wheels, and can easily be transported from place to place, but does include permitted temporary signs. Portable signs may be with or without electrical power.

JJ.    Private Sale or Event Sign. A temporary sign advertising private sales of personal property such as garage sales, rummage sales, etc., or private not-for-profit events such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and Christmas tree sales.

KK.    Project Construction Sign. A sign erected on the premises on which development is taking place during the period of such development. Such sign may indicate the names of architects, engineers, landscape architects, contractors, or similar individuals, and the owners, financial supporters, sponsors or similar individuals or firms having a role or interest with respect to the structure or project.

LL.    Projecting Sign. A sign that is wholly or partly dependent upon a building for support and which projects away from the building face and generally perpendicular to the building fascia, excepting signs located on a canopy, awning, or marquee. The sign shall not extend more than three feet from the face of the building.

Example of a Projecting Sign

MM.    Real Estate Sign. An interim sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

NN.    Roof Sign. Any sign erected upon, against, or above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave.

Example of a Roof Sign

OO.    Scroll. A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.

PP.    Sight Triangle. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and eight feet above the grades of the outside edge of the street surface of the intersection streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. The City Engineer shall establish sight distance triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).

Example of Sight Triangle

QQ.    Sign. Any identification, description, illustration, message, symbol, logo, or device used to inform or attract attention to an object, product, place, activity, person, institution, organization or business.

RR.    Sign Alteration. The replacement, enlargement, rewording, and reduction, reshaping, or repainting using different colors of a sign to serve an establishment or business.

SS.    Sign Face. The entire area within a single continuous rectangular, triangular, or trapezoidal shape which encloses all elements that form the display, including any background which is different from or in contrast with any building wall surface upon which it is mounted.

TT.    Sign Maintenance. The normal care and minor repair that is necessary to retain a safe, attractive sign and supporting structures. Repainting with the same colors, or repairing copy or logo, shall be considered maintenance if the name, product, service, place, activity, person, etc., depicted remains the same.

UU.    Sign Structure. The base, supports, uprights, braces, framework, and face of a sign.

VV.    Snipe Sign. A sign constructed of any kind of material that is attached to a utility pole, tree, fence, or similar object located or situated on public or private property.

WW.    Temporary Event Sign. A temporary sign or banner for special events such as sidewalk sales, civic club events, school activities, garage sales, etc., not including attention-attracting devices such as flags or pennants, balloons, search lights, twirling signs, inflatable figures, etc.

XX.    Transition. A visual effect used on an electronic message display to change from one message to another.

YY.    Travel. A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.

ZZ.    Wall Sign. A building-mounted sign which is either attached to, displayed, or painted on an exterior wall in a manner parallel with the wall surface, and not projecting more than 12 inches from such surface.

AAA.    Window Sign. A sign that is applied on or behind a windowpane or located in such a manner within a building that it is visible from the right-of-way. (Ord. 1393, 2015)

25-012 ADMINISTRATION

A.    Applicability. Every sign shall conform to the requirements of this section, 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 considered a structure. All signs shall be constructed in such a manner and of such material that they shall be safe.

B.    Zoning District Requirements. Signs are allowed in each zoning district as described in this section. Signs may be permitted by right in a zoning district, conditionally permitted upon review and approval by the Planning Commission, prohibited in a zoning district, or permitted upon approval of a special use permit.

C.    Sign Permit Required.

1.    It shall be unlawful for any person to erect or alter any sign as defined in this section without first obtaining a sign permit from the City including signs permitted by right, conditionally permitted, or permitted upon approval of a special use permit. This requirement shall not be construed to require a permit for sign maintenance as defined in Section 25-013, altering changeable copy on permitted signs, or signs exempted from a permit as described elsewhere in this section.

2.    Applications. Sign permits shall be made on a form provided by the City and shall be accompanied by two sets of plans drawn to scale indicating sign size, location, method of illumination, colors, materials of the sign and structure, and method of attachment. In addition, the applicant shall submit other information relating to the placement, construction, design, etc., of the sign as may be required.

3.    Issuance. The City shall issue a permit for the erection, alteration, or relocation of a sign when an application has been properly made and the sign complies with all appropriate laws and ordinances. The City shall approve or deny the sign permit application not later than 30 days following the date of its submission.

4.    Revocation and Denial. The City may, in writing, suspend or revoke a permit issued on the basis of a misstatement of material fact or fraud. When a sign permit is denied by the City, a written notice of the denial shall be provided to the applicant, together with a brief written statement of the reasons for the denial.

5.    Sign Permit Appeals. An appeal of denial may be made to the Board of Zoning Appeals upon denial of a sign permit. Said appeal shall be filed within 30 days of the denial of the sign permit. The Board of Zoning Appeals shall consider the appeal not later than 45 days after the appeal has been filed unless a request for continuance is submitted by City staff or the applicant.

6.    Effect of Permit Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit hereunder constitute a defense in an action to abate an unlawful sign.

D.    Removal of Sign.

1.    If it has been determined that any sign or other advertising structure regulated herein is unsafe, or has been constructed, erected or is being maintained in violation of the provisions of this section, written notice shall be given to the sign owner. The owner shall immediately remove or repair the sign to bring it into compliance and/or make it safe. If the owner fails to remove or repair the sign so as to comply within five days after the notice, the City may cause the sign to be removed or repaired to make it safe, at the expense of the permittee or owner.

2.    The City Clerk shall mail a statement of the costs for removal or repair of the unsafe or unlawful sign to either the last known address of the owner of record of the property, the person in charge of such property, or the sign permittee. If said costs are not paid within 10 days from the time of mailing the notice, the governing body of the City may proceed to pass an ordinance levying a special assessment for the cost against the subject lot or parcel of land. The City Clerk shall certify the assessment to the County Clerk for collection and payment to the City in the same manner as other assessments and taxes are collected and paid to the City. (Ord. 1393, 2015)

25-013 GENERAL STANDARDS

A.    Area Measurement.

1.    The surface area of a sign shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles. (See below.)

2.    Supporting sign structure, base, framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3.    Double-faced (back-to-back) signs shall be regarded as a single sign only if mounted on a single structure, and the distance between each sign face does not exceed two feet at any point. Only one face of a double-faced sign shall be measured when determining maximum allowable area. In the case of different sign faces, the face with the largest computed sign area shall be used.

4.    Three-dimensional objects, sculpture or trademarks that project from the face of the sign shall be measured at their maximum projection upon a vertical plane. No object may project more than six inches from the sign face.

B.    Height Measurement. The height of a sign shall be measured as the vertical distance from the uppermost point of the structural member(s) to the average grade immediately below and within a radius of 20 feet of the supporting structural member(s) of the sign.

C.    Illumination. The following standards are applicable for all illuminated signs to reduce any negative impacts upon surrounding neighborhood or right-of-way areas:

1.    External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2.    The light from an illuminated sign shall not be of an intensity or brightness that will create a negative impact on residential properties in direct line of sight to the sign.

3.    Signs shall not have blinking, flashing, or fluttering lights, or other illuminating devices that have a changing light intensity, brightness or color.

4.    Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5.    Reflective type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.

D.    Maintenance. All signs shall be of sound structural quality, be maintained in good repair, have a clean and neat appearance, and land within 10 feet in any direction from the base of the structure or wall shall be kept free from debris, weeds and trash.

1.    General maintenance of said sign shall include the replacement of nonfunctional, broken, or defective parts, painting, cleaning and upkeep of the premises immediately surrounding the sign or advertising structure, and any other action required for the maintenance of said sign or advertising structure. All signs and supporting structures shall be kept painted or treated in some manner to prevent rust, decay or deterioration.

2.    If signs are not maintained as described and the Code Enforcement Officer deems them a public safety hazard or nuisance, such signs shall be removed. All costs for removal of said signs shall be assessed against the property owner.

3.    Should any sign, which is placed in a public easement, be damaged due to maintenance of utilities in that easement by the City or others, the cost for repairs or replacement of said sign shall be borne by the sign owner.

E.    Removal or Replacement. A sign shall be removed by the owner or lessee of the premises within 90 days of the discontinuance of the business that it advertises. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure.

F.    Placement on Easement or Right-of-Way. No privately owned sign shall encroach into a public right-of-way, except as noted under projecting building signs. No private sign shall be placed in a public easement.

G.    Setbacks. Unless otherwise stated, all signs shall observe a minimum 15-foot setback from the property line.

H.    Sight Distance at Intersections. No sign, which obstructs the view, shall be allowed within the sight triangle of a street intersection as described in Section 32-010. (Ord. 1393, 2015)

25-014 SIGNS PERMITTED IN ALL DISTRICTS

The following signs shall be permitted in all districts and shall not require a sign permit, unless otherwise noted. The signs must be in conformance with all other regulations and ordinances of the City.

A.    Changeable Copy Signs. Changeable copy signs must be approved by the Planning Commission. The Commission shall consider effect on area, location and sign format or programming when evaluating. Allowed (with approval) in all districts, but limited to church, school, public and semi-public uses in residential areas. These signs may be strictly limited in areas where they may cause a traffic hazard or nuisance or disruption to the surrounding neighborhood.

B.    Incidental and Directional Signs. Directional, incidental and/or accessory signs shall not exceed eight square feet in sign area and four feet in height if freestanding.

C.    Flags. Flags are permitted in all districts with the following requirements. “Flags” in this section shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns, standards, words, or emblems used as a symbol of an organization or entity, including but not limited to political jurisdictions, such as the United States.

1.    Flags may not contain commercial messages.

2.    Flags greater than 15 square feet must be flown on a flagpole appropriate for the size flag flown in accordance with the table below:

Flag Size	Flag Location for Display
2' x 3' or smaller	House-mounted flagpole
2 1/2' x 4'	House-mounted flagpole
3' x 5'	House-mounted or 20' flagpole
4' x 6'	25' flagpole
5' x 8'	35' flagpole
6' x 10'	40' flagpole
8' x 12'	45' flagpole
10' x 15'	50' flagpole
12' x 18'	60' flagpole
15' x 25'	70' flagpole
20' x 30'	80' flagpole

3.    No more than three flagpoles may be located on a parcel.

4.    No more than two flags may be flown on each flagpole with a maximum of six flags per lot.

5.    References to flagpole height refer to vertical flagpoles.

6.    References to the number of flags and flagpoles and flag dimensions refer to both vertical flagpoles and mast arm flagpoles, such as staffs extending at an angle from a building.

7.    Flags shall not exceed the maximum building height allowed in the zoning district in which they are located.

8.    A flag not displayed on a ground-supported staff shall meet the permit and display requirements of a banner if displaying a commercial message.

9.    On United States or Kansas holidays, there shall be no maximum flag size or number or other limitations on manner of display.

10.    This section shall not be interpreted to restrict the right to display eligible flags as banners or noncommercial signage as outlined elsewhere in this section. Flags mounted directly on a building wall shall expressly be considered signs and shall be subject to wall sign regulations.

D.    Nameplate or memorial plate signs containing the names of buildings and date of erection and/or other pertinent information, when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached flush with the wall surface.

E.    Political signs shall not exceed 16 square feet in area and are restricted to posting six weeks prior to the beginning of the campaign/election date and removed no later than one week following the election date. No political signs may be placed in the public right-of-way, and all signs posted on private property must have the permission of the owner or resident of said property.

F.    Interim – Project Construction and Subdivision Signs. One temporary freestanding, nonilluminated sign shall be permitted on any site on which development or construction activities are taking place. Residential subdivision signs shall not exceed 32 square feet in area per sign face, with two faces permitted. Such sign may not be erected until the final plat for the subdivision has been approved by the City Council and filed with the register of deeds. Project construction signs for nonresidential developments shall not exceed 64 square feet in area per sign face. The signs may have two sign faces.

G.    Temporary Event Signs. Temporary special events, such as sidewalk sales, civic club events, school activities, fundraisers, etc., shall be permitted to have temporary signs or banners without a permit.

H.    Window and Interior Signs. Such signs mounted on interior building surfaces, such as signs mounted on the inside of windows and doors. No sign shall occupy more than 50% of the window area.

 

TABLE 1 – SIGNS PERMITTED IN ALL DISTRICTS
NO SIGN PERMIT REQUIRED
	TYPE OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT	ILLUMINATION	MINIMUM SETBACK	MAXIMUM TIME PERMITTED
All Districts	Changeable Copy	As permitted by Planning Commission	As permitted by Planning Commission	As permitted by Planning Commission	As permitted by Planning Commission	Outside of easement or right-of-way	Indefinite
	Flags	Three per lot	Two flags per pole	Same as district in which located	External	10' from lot line and outside of easement	Indefinite
	Incidental or Directional	Any number as long as total of all such signs does not exceed eight sf per frontage	8 sf	4'	None	Outside of easement or right-of-way	Indefinite
	Interim – Single Lot Residential	One per frontage	8 sf	4'	None	Outside of easement or right-of-way	Indefinite
	Interim – Residential Subdivision	One per subdivision (temporary)	32 sf	12'	None	Outside of easement or right-of-way	30 days after certificate of occupancy is issued
	Interim – Commercial Construction	One per project (temporary)	64 sf	12'	None	Outside of easement or right-of-way	30 days after certificate of occupancy is issued
	Nameplate or Memorial Plate	One per building	N/A	N/A	N/A	N/A	Indefinite
	Public/Safety Signs	As required	As required	As required	As required	As required	N/A
	Temporary Events	Two per frontage	N/A	N/A	None	Outside of easement or right-of-way	At dusk
	Window and Interior Signs	N/A	50% of window	N/A	N/A	N/A	Indefinite

(Ord. 1393, 2015)

25-015 SIGNS PERMITTED IN RESIDENTIAL DISTRICTS

A.    All single-family residential properties including detached, semi-detached and townhomes that are located in residential zoning districts are permitted:

1.    Signs not to exceed eight square feet in total sign area per road frontage.

2.    Corner lots and lots with frontage on more than one street are entitled to eight square feet per frontage.

3.    This sign area allowance covers, but is not limited to: address signs, home occupation signs, lawn signs, and contractor signs.

4.    Signs may be freestanding, mounted to a permanent building structure or displayed in a window. Trees, rocks or other naturally occurring landscape features may not be used to support a residential sign.

B.    Subdivisions, apartments, multifamily dwellings and condominium complexes are permitted:

1.    A monument sign not to exceed 64 square feet; and further provided, that one such sign shall be permitted for each separate street frontage occupied by the subdivision, apartment, or condominium complex.

2.    Wall signs are also permitted not to exceed 5% of the area of the facade in elevation view upon which they are placed.

C.    For properties located in a residential zone as described in subsection B of this section:

1.    Other directional, incidental and/or accessory signs are also permitted to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six square feet in sign area and four feet in height (if freestanding).

D.    Interim Signs. One interim sign bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the units. Such sign may not exceed eight square feet in area or four feet in height.

 

TABLE 2 – PERMITTED SIGNS IN RESIDENTIAL DISTRICTS
	TYPE OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT	ILLUMINATION	MINIMUM SETBACK
Residential Properties Including Single-Family Detached, Semi-Detached, and Townhomes	Monument or Wall	N/A	8 sf/lot	1' 6"	None	Outside of easement or right-of-way
	Interim	One per frontage	8 sf	4'	None	Outside of easement or right-of-way
Residential Subdivisions1, Apartment Complexes, Multifamily Dwellings, and Condominiums	Monument	One per frontage	64 sf	6'	Internal or external	Outside of easement or right-of-way
	Wall	One per frontage	5% of facade	N/A	None	N/A
	Incidental or Directional	Unlimited	6 sf	4'	None	Outside of easement or right-of-way
	Interim	One per frontage	8 sf	4'	None	Outside of easement or right-of-way
Public or Semi-Public Buildings	Monument	One per frontage	64 sf	6'	Internal or external	Outside of easement or right-of-way
	Wall	One per frontage	Lesser of 10% of facade or 100 sf	N/A	None	N/A
	Incidental or Directional	Unlimited	6 sf	4'	None	Outside of easement or right-of-way
	Interim	One per frontage	8 sf	4'	None	Outside of easement or right-of-way
1    Each residential subdivision shall be permitted permanent monument type neighborhood entry markers on each side of an entrance street of the subdivision. The entry markers may include a sign not to exceed 32 square feet in area. Such signs shall be restricted to the subdivision name. Illumination of such signs may only be from an indirect light source.

(Ord. 1393, 2015)

25-016 SIGNS PERMITTED IN THE HISTORIC BUSINESS DISTRICT

The following signs shall be permitted in the HBD district. Signs in the HBD district shall comply with the design guidelines for Tonganoxie’s central business district and may be more restrictive than the standards provided in this section.

A.    “A” frame sign or sandwich board signs are permitted one per business and allowed as follows:

1.    A permit shall be required for sandwich board signs. Permits are good for the life of the sign. The permit number shall be legible, placed on the sign, where an inspector may reasonably locate it, in black letters one-quarter inch tall.

2.    Sandwich board signs shall be on-premises signs.

3.    The sign may be located on the public sidewalk or the planting strip adjacent to the edge of the street on which it fronts. Signs shall not be placed in any raised streetscape or publicly owned planters.

4.    The sign may not exceed seven and one-half square feet in area per side and may have no more than two sides for the display of messages.

5.    The spread of the “A” at the open end shall be sufficient to insure stability and no wider.

6.    Signs shall be adequately weighted to resist wind gusts.

7.    Chalkboard, whiteboard, nonelectronic changeable letters, and any other nonelectronic changeable or erasable surfaces are permitted.

8.    All signs shall be in good repair. No attachments to signs are permitted, other than brochure pockets.

9.    Creative shapes that reflect the theme of the business are encouraged (e.g., ice cream shops may display a sign in the shape of an ice cream cone).

10.    The sign must be constructed of materials that present a finished appearance. Rough-cut plywood is not acceptable. The sign lettering should be professionally painted or applied; a “yard sales” or “graffiti” look with hand-painted or paint-stenciled letters is not acceptable.

11.    The sign shall not be an electronic changeable message sign.

12.    The sign shall be displayed only during business hours and stored inside after hours.

13.    The placement of the sandwich board sign shall not impede pedestrian or wheelchair travel in the vicinity of the sign or otherwise create a traffic or other safety hazard by obstructing vision or otherwise, as determined by the person designated by the Administrator or his designee to enforce the provisions of this sign code.

14.    The owner must assume liability for damage or injury resulting from the use of a sandwich board sign and provide the City with an appropriate legal document satisfactory to the City Clerk holding the City harmless and indemnifying it for any resulting loss or injury.

15.    Except as otherwise provided in this sign code, a sandwich board sign may be posted for so long as it remains in good condition. Once a sandwich board sign is tattered or otherwise is no longer in good condition, it shall be removed or replaced.

16.    If the Administrator or his designee determines that a sandwich board sign is not in good condition, the property owner shall be notified of that determination and shall remove, repair or replace the sign within three days of that notification. Signs that are not removed, repaired, or replaced within three days of the notification shall be deemed a nuisance and shall be subject to abatement or removal by City staff. The Administrator or his designee’s determination that a sandwich board sign is not in good condition may be appealed to the Planning Commission.

17.    Incidental and Directional Signs. Directional, incidental and/or accessory signs shall not exceed eight square feet in sign area and four feet in height (if freestanding).

B.    Awning Sign. This type sign is permitted as an integral part of the awning to which they are attached or applied.

1.    Signs may be lettered on awnings located on a one- or two-story building. Awnings may be at either level of the building, and may face a parking lot, street right-of-way or a pedestrian walkway.

2.    Sign area shall occupy no more than 35% of the awning.

3.    The lower edge of an awning shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

4.    Awnings may not be internally lighted. Lighting directed downward and a nonilluminated sign are allowed.

5.    Awnings shall be regularly cleaned and kept free of excessive dust or visible defects.

C.    Canopy – Building Sign. This type sign is permitted as an integral part of the canopy to which they are attached or applied.

1.    Sign area shall occupy no more than 35% of the canopy/awning.

2.    The lower edge of a canopy shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

3.    Canopy signs may not be internally lighted. Lighting directed downward and nonilluminated signs are allowed.

4.    Canopies shall be regularly cleaned and kept free of excessive dust or visible defects.

D.    Interim Signs. One interim sign per frontage is permitted bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the units. Such sign may not exceed eight square feet in area or four feet in height.

E.    Monument Sign.

1.    Monument signs in this district must be approved by the Planning Commission.

2.    A monument sign may be located only within a site frontage adjoining a street.

3.    A monument sign may be single- or double-faced. Maximum area of a sign shall be 60 square feet, with no sign face exceeding 30 square feet. Maximum overall height of a monument sign and structure shall be six feet.

4.    Monument signs must be mounted upon a solid base.

5.    The design of a sign shall be consistent with the overall scale of the building or location.

6.    The design and placement of the sign shall not interfere with the sight triangle at any intersection as set forth in Section 32.

F.    Projecting Signs. In lieu of a permitted wall sign, one projecting sign shall be permitted. The projecting sign shall be allowed on a structure having a zero setback from the front property line.

G.    Under Canopy Signs. Under canopy signs shall be permitted in addition to the signage described above. One such sign shall be permitted per business. Under canopy signs shall not exceed two square feet in area.

H.    Wall Signs. Each business or establishment shall be permitted not more than two wall signs, limited to one per wall. The area of the wall sign shall not exceed 10% of the area of the wall, upon which it is mounted, with the maximum sign area per wall not to exceed 50 square feet, whichever is less.

 

TABLE 3 – SIGNS IN HISTORIC BUSINESS DISTRICT
	TYPE OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT	ILLUMINATION	MINIMUM SETBACK
Historic Business District	A-Frame	One per business	7.5 sf/side	N/A	Electronic changeable message sign not permitted	See Section 25-16
	Awning	N/A	35% of awning area	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	None	N/A
	Canopy Building	N/A	35% of canopy area	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	None	N/A
	Incidental or Directional	Any number as long as total of all such signs does not exceed eight sf per frontage	8 sf	6'	None	Outside of easement or right-of-way
	Interim	One per frontage	8 sf	4'	None	Outside of easement or right-of-way
Historic Business District	Monument	One per right-of-way. PC approval required	30 sf	6'	Internal or external	Outside of easement or right-of-way
	Projecting	One in lieu of one permitted wall sign	20 sf	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	Internal or external	Allowed on zero setback structure
	Under Canopy	One per business	2 sf	N/A	None	N/A
	Wall	One per wall, max two per building	50 sf or 10% of wall, whichever is less	N/A	Internal or external	N/A

(Ord. 1393, 2015)

25-017 SIGNS PERMITTED IN COMMERCIAL DISTRICTS – SINGLE TENANT

The following signs shall be permitted in commercial districts:

A.    Awning Sign. This type of sign is permitted as an integral part of the awning to which they are attached or applied.

1.    Signs may be lettered on awnings located on a one- or two-story building. Awnings may be at either level of the building, and may face a parking lot, street right-of-way or a pedestrian walkway.

2.    Sign area shall occupy no more than 35% of the awning.

3.    The lower edge of an awning shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

4.    Awnings may not be internally lighted. Lighting directed downward and a nonilluminated sign are allowed.

5.    Awnings shall be regularly cleaned and kept free of excessive dust or visible defects.

B.    Canopy – Building Sign. This type of sign is permitted as an integral part of the canopy to which they are attached or applied.

1.    Sign area shall occupy no more than 35% of the canopy/awning.

2.    The lower edge of a canopy shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

3.    Canopy signs may not be internally lighted. Lighting directed downward and nonilluminated signs are allowed.

4.    Canopies shall be regularly cleaned and kept free of excessive dust or visible defects.

C.    Canopy – Freestanding Sign.

1.    Sign area shall occupy no more than 35% of the canopy/awning.

2.    The lower edge of a canopy shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

3.    Canopy signs may be internally lighted.

4.    Canopies shall be regularly cleaned and kept free of excessive dust or visible defects.

D.    Changeable Copy Sign. These signs must be approved by the Planning Commission. The Commission shall consider effect on area, location and sign format or programming when evaluating. Allowed (with approval) in all districts, but limited to church, school, public and semi-public uses in residential areas. These signs may be strictly limited in areas where they may cause a traffic hazard or nuisance or disruption to the surrounding neighborhood. Temporary or moveable changeable copy signs are not permitted.

    These signs are permitted subject to the following minimum standards as shown in Table 4 that will be applied by the Planning Commission. Additional conditions may be applied.

TABLE 4 – CHANGEABLE COPY SIGN GUIDELINES
	Sign Type	Maximum Height	Maximum Width	Lines of Copy	Illumination	Background Material	Setback
Residential Districts	Wall, Monument, or Freestanding	6'	5'	4	Internal	Opaque	Out of right-of-way and sight triangle
Nonresidential Districts	As approved by Planning Commission

Example of Permanent Changeable Copy Sign
Permitted as Allowed by Planning Commission

Example of Temporary Changeable Copy Sign (Moveable/Transportable)
Not Permitted

E.    Electronic Message Signs. Electronic message center (EMC) signs shall be allowed only along and oriented to roadways that are classified as collector or arterial roadways that are properties within the commercial and industrial districts.

1.    General Requirements.

a.    One EMC may be permitted per lot.

b.    No more than 50% of the permitted sign area may be an EMC.

c.    All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings that adjust the brightness to the ambient light at all times of the day and night not in excess of one-third foot candles above ambient light levels.

At least 30 minutes past sunset, and with the electronic display either turned off, showing all black copy, or blocked, a foot candle meter will be used to record the area ambient light level. An ambient reading will be taken with the meter aimed directly at the electronic display at a distance of 100 feet. To establish the illumination level, the electronic display will be turned on to show all white copy and a second reading taken.

The sign owner shall provide upon installation written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above, and the intensity level is protected from end-user manipulation by password protected software. The process for setting automatic dimming controls as outlined in the paragraph above need not be repeated upon receipt of the certification from the sign owner unless otherwise requested by the City.

d.    All EMC signs require a special permit.

2.    Operational Limitations.

a.    EMC signs are not permitted in residential districts except for churches and schools.

b.    In commercial and industrial districts, EMC signs shall have a minimum display time of eight seconds. It shall change instantaneously, without rolling, fading, or the illusion of movement, and shall not flash or vary in brightness except to change at sunrise or sunset.

c.    All EMC display features and functions are permitted, with the exception of (1) flashing, which is prohibited, and (2) full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC. Full motion video as described shall be permitted by special exception only.

d.    All electronic message center signs shall be constructed and operated so that the message center defaults to a dark screen when not displaying a message.

Example of Electronic Message Center Monument Sign

F.    Canopy Signs – Freestanding. Signs may be placed on freestanding canopies provided they meet the requirements of wall signs for buildings. Only the fascia of the canopy upon which the sign is placed shall be used for determining the size of the sign.

G.    Interim Signs. One interim sign per frontage bearing a noncommercial message or a message related to the sale, lease, rental, or construction of the units. Such sign may not exceed 32 square feet in area or eight feet in height. Signs located adjacent to U.S. 24-40 may be 15 feet in height.

H.    Monument Signs.

1.    A monument sign may be located only within a site frontage adjoining a street.

2.    A monument sign may be single- or double-faced. Maximum area of a sign shall be 60 square feet, with no sign face exceeding 30 square feet. Maximum overall height of a monument sign and structure shall be six feet.

3.    Monument signs shall be mounted upon a solid base.

4.    The design of a sign shall be consistent with the overall scale of the building or location.

5.    The design and placement of the sign shall not interfere with the sight triangle at any intersection as set forth in Section 32.

6.    Single business sites on property more than 10 acres and more than one street frontage or more than 1,000 linear feet of street frontage shall be permitted a second monument sign.

7.    When a single business is located on a site more than 10 acres in area, one of the two permitted monument signs may be increased to a maximum height of 21 feet and a maximum face area of 95 square feet; on a site more than 20 acres, both of the two monument signs may be increased in height to 21 feet and a maximum face area of 95 square feet.

I.    Pole or Pylon Sign. Pylon signs shall not be permitted, except upon approval of a special use permit for properties zoned GBD with direct frontage along U.S. 24-40 Highway.

1.    No more than one pylon sign shall be allowed per business property.

2.    Maximum area of a sign for business identification purposes shall be 85 square feet.

3.    Maximum overall height for a pylon sign is 20 feet above the average grade.

4.    Pylon signs are permitted only on parcels with frontage along U.S. 24-40 Highway that are zoned commercial or industrial.

5.    Two structural supports are required and shall be located at the outermost extremities of the sign face.

6.    No additional signs or advertising may be attached to the support structure.

7.    No exposed support piping is allowed.

8.    The structural supports shall be encased in the same materials and colors as the primary associated structure.

9.    There shall be a minimum of 200 linear feet separation between pylon signs.

10.    Lighting may be internal or external where it does not produce glare onto public streets or adjacent residential properties.

11.    Pole signs are not permitted in any district.

12.    Pylon signs not submitted during the site plan approval process must be submitted to and approved by the City Planner and Building Official to determine compliance with these requirements before a sign permit is approved and issued.

Should compliance with these requirements be disputed by the applicant or undetermined by staff, the sign permit application shall be forwarded to the Planning Commission for action.

J.    Projecting Signs. In lieu of a permitted wall sign, one projecting sign shall be permitted.

1.    The maximum sign area of a projecting bracket sign shall be 20 square feet per sign face, with two sign faces permitted.

2.    No projecting building sign shall project more than three feet or one-third of the sidewalk width from the wall of the supporting building, whichever is greater.

3.    The lower edge of a projecting bracket sign shall be no closer than 10 feet to any sidewalk nor 14 feet to any street or alley surface where vehicles may pass below.

4.    The upper edge of a projecting building sign shall not extend vertically above the eave line of a single-story structure or above the second story sill line of a multistory structure.

5.    Supports and brackets shall be compatible with the design and scale of the sign.

K.    Under Canopy Signs. In complexes with three or more tenants, under canopy signs shall be permitted in addition to the signage described above. One such sign shall be permitted per business. Under canopy signs shall not exceed two square feet in area.

L.    Menu Boards.

1.    Each drive-up, drive-through, or drive-in restaurant shall be permitted signage in addition to that described above. The additional signage shall be limited to one freestanding or wall-mounted preorder and menu board per lane. The menu board shall not exceed seven feet in height and 32 square feet in total surface area. Total surface area shall include the face of the menu board, the trim, the base, and other appurtenances. Whenever a menu board is visible from a public street, additional landscaping shall be used to screen the menu board from view from the street.

2.    A restaurant may have a menu board located at each order station. Such menu board at each order station shall not exceed four square feet in surface area per face.

M.    Freestanding Canopy Signs. Signs may be placed on freestanding canopies provided they meet the requirements of wall signs for buildings. Only the fascia of the canopy upon which the sign is placed shall be used for determining the size of the sign.

N.    Pennants or banners, or other similar objects, shall be permitted to be displayed a maximum of four 30-day periods per calendar year. In no case shall a 30-day period be carried over from month to month consecutively.

O.    Wall Signs. Each business or establishment shall be permitted not more than three wall signs, limited to one per wall. The area of the wall sign in LBD shall not exceed 10% of the area of the wall, upon which it is mounted, with the maximum sign area per wall not to exceed 50 square feet, whichever is less. The area of the wall sign in GBD shall not exceed 10% of the area of the wall, upon which it is mounted, with the maximum sign area per wall not to exceed one 100 square feet, whichever is less. Wall signs in the PUD-C district shall comply with those of the GBD district unless further regulated by the zoning and site plan approval.

1.    A sign may not obstruct any portion of a window, doorway, transom, or other architectural detail. However, these elements may be incorporated into the sign content.

2.    The top of the sign when placed on a parapet or a canopy shall not extend more than five feet above the actual roofline, provided the sign is located entirely on the canopy or parapet.

3.    The sign shall not project above the edge of the roof.

4.    Sign shall not project more than 12 inches from the wall surface of the building.

5.    Bonus Wall Sign Area. The area of any wall sign may be increased by 25% when the building is set back at least 200 feet from the public right-of-way and may be further increased an additional 25% for each additional 200 feet of setback, or fraction thereof, up to a maximum increase of 100%.

6.    Bonus Number of Wall Signs. The number of wall signs may be increased one per wall at 50% size of the first sign per 200-foot setback up to a maximum of three additional signs.

TABLE 5 – SIGNS IN COMMERCIAL DISTRICTS – SINGLE TENANT
	TYPE OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT	ILLUMINATION	MINIMUM SETBACK
Commercial Districts – Single Tenant	Awning	One per awning	35%	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	Down directed	N/A
	Banners or Pennants	One per banner or pennant	32 sf	Building height with lowest edge 7' above ground	None	N/A
	Canopy – Building or Marquee	One per canopy	35% of canopy area	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	None	N/A
Commercial Districts – Single Tenant	Canopy – Freestanding	One per canopy	Same as wall signs. Only fascia of canopy where sign is located to be used for determining size	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	Internal or external	Outside of easement or right-of-way
	Electronic Message Board	One per lot	50% of permitted wall or freestanding sign	Wall – N/A Freestanding – Same as pole or monument	Internal	Outside of easement or right-of-way
	Incidental or Directional	Unlimited	8 sf	4'	None	Outside of easement or right-of-way
	Interim	One per frontage	32 sf	8' 15' when adjacent to Highway 24/40	None	Outside of easement or right-of-way
	Menu Boards	One freestanding or wall menu board per lane	32 sf	6'	Internal or external	Outside of easement or right-of-way
		In lieu of one wall or freestanding menu board, one permitted per order station	4 sf
	Monument	One in lieu of one wall sign	60 sf	6'	Internal or external	Outside of easement or right-of-way
		One additional when greater than 10 acres and more than one street frontage, or more than 1,000 linear feet of frontage	> 10 acres (and < 20 acres) One sign up to 95 sf > 20 acres both signs up to 95 sf	> 10 acres (and < 20 acres) One sign up to 21' > 20 acres both signs up to 21'
	Pylon	One per business fronting Highway 24/40	85 sf	20'	Internal or external	Outside of easement or right-of-way
Commercial Districts – Single Tenant	Projecting	One in lieu of one wall sign, monument sign or pylon sign	20 sf	Lower edge no closer than 10' to sidewalk, or 14' to any street or alley where vehicles may pass	Internal or external
	Wall	N/A	LBD: Lesser of 10% of wall, max 50 sf GBD and PUD-C: Lesser of 10% of wall or 100 sf	N/A	Internal or external	N/A
			Bonus: Increase 25% when set back at least 200 feet, additional 25% for each 200 feet up to maximum increase of 100%

 

TABLE 6 – BANNERS
	TYPES OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT OF SIGN	ILLUMINATION	MINIMUM SETBACK
Banners	Banners (Residential)	Prohibited except for holidays, religious commemoration and special family events	32 sf	N/A	None	Max 90 days per calendar year
	Freestanding (Commercial)	One per lot or storefront	32 sf Greater than 32 sf must meet permanent sign standards	6'	None	Max 90 days per calendar year
	Wall (Commercial)	One per frontage		N/A

(Ord. 1393, 2015)

25-018 SIGNS PERMITTED IN COMMERCIAL DISTRICTS – COMPLEX SIGNS

A.    Complexes. The developer/owner shall prepare a set of sign standards for all exterior signs to be located in a complex. Such standards shall run with all leases or sales of portions of the development. The size, colors, materials, styles of lettering, appearance, or any logo, type of illumination and location shall be set out in such standards. Said standards shall be for the purpose of assuring harmony and visual quality throughout the project. Standards shall be submitted to the Planning Commission for review and approval. The sign plan application may be in conjunction with the site plan application process, but at a minimum it must occur prior to building permit approval for the complex. (Ord. 1393, 2015)

25-019 SIGNS PERMITTED IN INDUSTRIAL DISTRICTS

Signs permitted in industrial districts shall be the same as permitted in Section 25-017, except as follows:

A.    Wall Signs. Each business or establishment shall be permitted not more than three wall signs, limited to one per wall. The area of the wall sign shall not exceed 10% of the area of the wall, upon which it is mounted, with the maximum sign area per wall not to exceed 150 square feet.

B.    Monument Signs.

1.    In lieu of one of the above permitted wall signs, one monument sign shall be permitted for each freestanding building housing one tenant.

2.    In addition to the signs permitted above, each complex as defined by Section 25-011 shall be permitted one monument (identification) sign with the names of tenants.

3.    Commercial complexes or single business sites on property more than 10 acres and more than one street frontage or more than 1,000 linear feet of street frontage shall be permitted a second monument sign.

4.    When a commercial complex is located on a site more than 10 acres in area, one of the two permitted monument signs may be increased to a maximum height of 21 feet and a maximum face area of 95 square feet; on a site more than 20 acres, both of the two monument signs may be increased in height to 21 feet and a maximum face area of 95 square feet. Monument signs for industrial park complexes shall be limited to the size, height, and sign face area as defined in Section 25-013.

 

TABLE 7 – SIGNS IN INDUSTRIAL DISTRICTS In addition to signs permitted in commercial districts
	TYPE OF SIGN	NUMBER OF SIGNS	PERMITTED SIGN AREA	MAXIMUM HEIGHT	ILLUMINATION	MINIMUM SETBACK
Industrial Districts	Pole/Pylon	One per business fronting Highway 24/40	85 sf	20'	Internal or external	Outside of easement or right-of-way
	Monument	One in lieu of one wall sign. One additional when greater than 10 acres and more than one street frontage, or more than 1,000 linear feet of frontage	Commercial uses: Greater than 10 acres, one of the two monument signs may be increased to a max area of 95 sf; when more than 20 acres, both monument signs may be increased to max area of 95 sf Industrial uses: 30 sf	Commercial uses: Greater than 10 acres, one of the two monument signs may be increased to a max height of 21'; when more than 20 acres, both monument signs may be increased in height to 21' Industrial uses: 6'	Internal or external	15' 0"
	Wall	Three max, one per wall	10% of wall, 150 sf max	One per frontage	Internal or external	N/A

(Ord. 1393, 2015)

25-020 PROHIBITED SIGNS AND DEVICES

It shall be a violation of these regulations to erect, install, place or maintain the following signs:

A.    Any sign which is not otherwise included under types of signs permitted in this section.

B.    Any sign located in public right-of-way, except those signs required by governmental authority or political signs as may be permitted.

C.    Any sign which, by reason of its size, location, movement, content, coloring, or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency vehicle, or which hides from view any traffic or street sign or signal or device.

D.    Animated signs or elements of signs that are animated, moving, flashing, blinking, reflecting, revolving and/or rotating including search lights, strobe lights, and disco balls unless otherwise permitted in this section.

E.    Signs emitting audible sounds (except menu boards), odors, or visible matter.

F.    Off-site signs and/or billboards.

G.    Any sign or advertising structure with words, scenes or graphics which are obscene, indecent and prurient, within the meaning of K.S.A. 21-4301, as amended.

H.    Any sign or advertising structure which is erected, installed or maintained that obstructs any fire escape, required exit, window or door opening intended as a means of ingress or egress.

I.    Portable signs or signs mounted on a platform, trailer, or motor vehicle. Such prohibition shall not extend to trucks or other legitimate carriers and delivery vehicles that may be parked on said premises in the course of their normal operations.

J.    Abandoned signs.

K.    Roof signs.

L.    Snipe signs.

M.    Vehicle signs, except that company or corporation name or logo painted on a motor vehicle or semi-trailer normally in motion during use shall not be considered a vehicular sign when moved at least one time during a 24-hour period.

N.    Any sign not specifically, or by reasonable implication, permitted herein. (Ord. 1393, 2015)

25-021 ABANDONED SIGNS

Except as may be otherwise provided for in this section, any sign which is located on a building, structure, or real property which becomes vacant and unoccupied for a period of 90 days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises. When a wall sign is removed, the wall of the building or structure shall be restored to its normal appearance. Removal of a ground-based sign shall include the face and base. Any sign structure that is in conformance with this section may remain as long as it is maintained and does not become unsafe or unsightly.

If after the 30-day time period has elapsed and the sign has not been removed, the City shall notify, in writing, the property owner of record that the sign shall be removed within 30 days after the date of the notice. If the sign has not been removed within 30 days after the date of the notice, the Code Enforcement Officer may have the sign removed and the associated costs assessed to the property.

The City Clerk shall mail a statement of such cost for the removal of said sign to the last known address of the owner of record of the property, or person in charge of such property. If such costs are not paid within 10 days from the mailing of such notice, the governing body of the City shall proceed to pass an ordinance levying a special assessment for such cost against the lot or piece of land. The City Clerk shall certify such assessment to the County Clerk for collection and payment to the City in the same manner as other assessments and taxes are collected and paid to the City. (Ord. 1393, 2015)

25-022 NONCONFORMING SIGNS

Nonconforming signs are declared by this zoning code to be incompatible to, and inconsistent with, land development and other permitted signs set forth within any particular zoning district. It is the intent of this section to allow those nonconforming signs to continue until they are removed under the terms of this section, but not to encourage their survival.

A.    Alterations of Nonconforming Signs. No nonconforming sign or advertising structure shall be expanded, relocated or restored unless said sign or advertising structure is brought into conformance with the provisions of this section or any other applicable City code requirement.

B.    Replacement, Restoration or Reconstruction. In the event that any existing nonconforming sign, as provided for in this section, is damaged by any means, including, but not limited to, fire, flood, wind, explosion, act of God, or act of a public enemy, to an extent of 50% or more of the replacement, restoration or reconstruction value of the sign, or 50% of the square footage of the sign copy area, said sign shall not be replaced, restored or reconstructed unless it is brought into full compliance with the provisions of this zoning code. Any nonconforming sign which remains damaged or in disrepair, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of 30 days following the date of damage without the issuance of a valid sign permit, shall not be replaced, restored or reconstructed unless it is brought into full compliance with all applicable codes and ordinances.

C.    Repairs and Maintenance. Routine repairs and maintenance of nonconforming signs necessary to maintain health and safety may be permitted. Said repairs and maintenance shall include such activities as painting and the replacement of a damaged or deteriorated sign face. The cost of said repairs and maintenance shall not exceed 50% of the value of the sign which is to be repaired or maintained. Said value shall be that which is current at the time of the repair or maintenance. Prior to said repair and maintenance taking place, the Code Enforcement Officer shall be consulted to determine if a sign permit is necessary. If such determination is made, then all applicable work performed shall be accomplished through the issuance of a valid sign permit as required by this section.

D.    Termination of Nonconforming Signs. Upon the discontinuance of a use, to which any nonconforming sign or advertising structure is accessory to, the tenant or property owner shall remove all nonconforming signs, supports and structures upon the building or property upon which said use was located. (Ord. 1393, 2015)

25-023 ENFORCEMENT

A.    Signs erected without an approved permit shall incur a $50 fine. Each day the sign remains in place without an approved permit shall constitute a separate offense.

B.    All sign permits are revocable by the City if all conditions or agreements are not met or upheld by the owner or any future owner of the sign. If a permit is revoked, subject sign must be removed within 30 days of certified notice of said revocation.

C.    All signs must be maintained in accordance with Section 25-013.D. Signs not kept maintained may be deemed a public nuisance or safety hazard by the Code Enforcement Officer and removed from the site. All costs for removal shall be assessed against the subject property. (Ord. 1393, 2015)

25-024 DECLARATION OF NUISANCE

The governing body hereby determines that the public peace, safety, health and welfare require that all signs and sign structures hereafter constructed or erected shall conform and comply with such requirements forthwith. All signs which shall hereafter be constructed or erected in violation of the provisions of this section shall be declared public nuisance, and shall be removed and abated in the manner provided by law. (Ord. 1393, 2015)

25-025 NONCOMMERCIAL MESSAGES

Any commercial sign permitted under this section is allowed to contain noncommercial speech in lieu of any commercial speech, subject to all applicable restrictions and performance standards. (Ord. 1393, 2015)

25-026 SIGN PERMIT PROCESS

In addition to a building permit as may be required under the City of Tonganoxie building code, a sign permit shall be obtained from the City prior to installation or construction of any sign regulated under this code, except for those signs specifically exempted under this code. All applications for a sign shall be made in writing upon forms furnished by the City. Each application shall include all information or attachments needed for City staff or Planning Commission to make a determination on the permit. (Ord. 1393, 2015)