(a) Except as provided in this article, no person shall erect, construct, enlarge, alter, repair, display, maintain or use a sign, whether temporary or permanent, until a permit for the same has been issued by the Planning Administrator and/or designee. Each sign shall require a separate permit fee.
(b) All persons engaged in the business of hanging or installing signs, including commercial balloon signs, which involves in whole or part the placement, location, erection, construction, reconstruction, remodeling, relocation, alteration, hanging, affixing or creation by painting of such signs shall be licensed with the City of Wichita, Kansas, or Sedgwick County, Kansas.
(c) Temporary portable signs require a decal showing the permit number and expiration date to be affixed to each end of the sign.
(Ord. 890)
The Planning Administrator may revoke any permit under the provisions of this chapter or stop the work or order the removal of any sign for any of the following reasons:
(a) Whenever there is a violation of any of the provisions of this chapter or any other ordinance relating to signs;
(b) Whenever the continuance of any work becomes dangerous to life or property;
(c) Whenever there is any violation of any condition on which the permit was based;
(d) Whenever, in the opinion of the Planning Administrator and/or designee, the person having charge of such work is incompetent;
(e) Whenever any false statement or misrepresentation has been made on the application on which the issuance of the permit was based;
(f) Whenever the owner has failed to maintain a sign in conformance with this chapter;
(g) Whenever the owner has changed the zoning lot to make a sign nonconforming.
(Ord. 890)
(a) APPLICATION FORM. An application for a sign permit shall be made in writing on forms furnished by the city. The application shall contain the following information, and the application and all exhibits shall become the property of the city:
(1) Two (2) scale drawings showing details of construction, showing the size, shape, design, colors, materials, lighting and letter styles of all proposed freestanding and wall signs.
(2) A plot plan of the site indicating the sign location of any freestanding sign.
(3) An architectural elevation or a photo depicting the proposed location of the sign on a building if a wall or building sign.
(4) Any other maps, drawings or materials needed to adequately describe the sign proposal.
(b) PERMIT FEE. The fee as set forth in this section shall be paid to the city before any such permit is issued. Every sign, except those signs exempt from these regulations by Section 12A-205 of this code, requires a permit. The fees set forth in this section may hereafter be modified by such fee schedule as may be established by resolution of the governing body. Such new or modified fees shall become effective upon publication.
(1) Permanent sign permit fee.
(A) For each permanent sign that is placed, located, erected, constructed, reconstructed, remodeled, relocated, altered, hung, affixed or created by painting, the sign permit fee shall be fifty dollars ($50) plus ten dollars ($10) per each ten (10) square feet in gross surface area or fraction thereof.
(B) For each existing permanent sign that is altered to increase the area or height of the sign, a sign permit fee of fifty dollars ($50) plus ten dollars ($10) per ten (10) square feet of increase in gross surface area of the sign or fraction thereof.
(C) For each existing permanent on-site sign of which the copy is altered or changed by painting or replacing sign faces, where no increase in height or area occurs and does not involve structural changes, a sign permit fee of fifty dollars ($50) shall be paid. This fee shall not apply when a change is made to add an additional face to a single face sign. Further, no permit is required for mere repainting or replacement of a damaged sign face when there is no substantive change or alteration to existing copy and no increase in the height or area of the sign.
(D) For each sign that is placed, located, erected, constructed, reconstructed, remodeled, relocated, altered, hung, affixed or created by painting without first obtaining a permanent sign permit, the fee shall be twice the amount specified above.
(E) If the job is cancelled in writing by the customer, the city shall refund eighty percent (80%) to the sign company for the permit; otherwise, the fee is non-refundable.
(2) Temporary sign permit fee.
(A) Portable signs shall have a yearly decal from January 1 through December 31. The fee for such permit decal is one hundred dollars ($100) and shall comply with size and location for each sign in accordance with Section 12A-410 of this code. Such permit shall allow display of a temporary sign for a maximum of four (4) times per year, fifteen (15) days per occurrence.
(B) See Article 4 of this chapter for all other temporary signs.
(c) SIGN PERMIT REVIEW PROCEDURES. Applications for sign permits shall be processed in accordance with the following procedures:
(1) Submission Requirements. The applicant shall submit the application, all required application materials and the fee to the Planning Administrator for the City of Maize to review.
(2) Review Criteria. The Planning Administrator shall have ten (10) business days after submittal of the complete application to make a decision at which time he or she may:
(A) approve the application;
(B) deny the application based on the laws established within this
(C) continue or table the application for up to ten (10) additional business days if additional information or study is necessary to make a decision.
(3) Any such temporary portable sign for which said permit is obtained shall bear a decal showing the permit number and expiration date of the permit.
(4) No decision of the Planning Administrator shall be in conflict with the provisions of this Chapter 12A.
(d) The Board of Zoning Appeals is hereby granted authority to authorize in specific cases a variance from the specific terms of this chapter which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and provided that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Variances under this chapter shall be granted under the same procedures and conditions as set forth in Article V, Section V-G of the City of Maize Zoning Code.
(e) Any variance requests must be accompanied by a nonrefundable fee in accordance with Chapter 16, Section 16-105, Board of Zoning Appeals, of the code of the city.
A sign for which approval has been granted by the Planning Administrator or the Board of Zoning Appeals shall be erected within one hundred eighty (180) days of the approval. Failure to complete placement of a sign within such period shall cause the approval to expire and require the sign owner to obtain a new sign permit before such sign can be erected, unless the sign contractor has asked for and been granted an extension in writing before the permit expires.
Subject to the hereinafter specified conditions and limitations, and provided that the following signs or sign devices are not prohibited by Section 12A-203, the following are exempted from the provisions of this article:
(a) OFFICIAL NOTICES. Official government notices and notices posted by federal, state or local government officers or employees in the performance of their official duties; and government signs to control traffic, identify streets, warn of danger or perform other regulatory purposes.
(b) FLAGS. The flag, pennant or insignia of any nation, organization of nations, state, province, country, city, religious, civic or fraternal organization or educational institution; provided, however, that a permit shall be required when such are used in connection with a commercial promotion or as an advertising device; and provided, further, that all such flags are subject to the following limitations:
(1) Flags and pennants shall not exceed the proportions which have been established by Presidential declaration, to-wit: three (3) feet by five (5) feet when hung from a building, or five (5) feet by seven (7) feet when hung from a flagpole.
(2) Flags shall have a minimum clearance of eight (8) feet when they project over public sidewalks and fifteen (15) feet when projecting over streets or roads.
(3) A maximum of thirty (30) feet from the top of a flagpole to average grade shall be allowed.
(4) Flags, pennants and insignia shall be maintained in a clean and undamaged condition at all times.
(5) The display of national flags, pennants and insignia shall be governed by the standard rules of international protocol.
(c) ART. Works of art not used in connection with a commercial promotion or as an advertising device.
(d) WARNING SIGNS. Temporary or permanent signs erected by the City, public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines or similar devices.
(e) MERCHANDISE. Merchandise or models of products or services which are incorporated as an integral part of an indoor window display. Merchandise includes photographic window displays of real estate available for sale, lease or rental from a licensed real estate broker.
(f) SIGNS ON VEHICLES. Signs displayed on motor vehicles or trailers which are being operated or stored in the normal course of business, such as signs indicating the name of the owner or business which are located on delivery trucks, trailers and the like; provided, however, that the primary purpose of such vehicles is not for the display of signs, and provided that such vehicles are parked or stored in areas appropriate to their use as vehicles and in the proper zoning.
(g) CORNERSTONES. Cornerstones and the like, when carved into stone, concrete, bronze or other permanent material, and made an integral part of a building or structure, when they do not exceed four (4) square feet in size.
(h) HISTORIC PLAQUES. Historic plaques erected by the city or historic agencies designating any areas of historical significance.
(i) FOR SALE/FOR RENT SIGNS. Any temporary sign used for the purpose of giving notice of the sale or rental of real property may be displayed, provided that said sign does not exceed sixteen (16) square feet in area; AND, provided that no more than one such sign for each street frontage may be erected per lot; AND, provided that the sign is removed within seven (7) days after the sale or rental of the subject property.
(j) CHANGE OF COPY. Changing of the advertising copy on a sign specifically designed to permit changes of the copy or message thereof.
(k) PAINTING, REPAINTING, REPAIR OR CLEANING OF A SIGN. Provided, however, that this exemption shall not apply if the color scheme or design of an existing sign is altered or if such painting or repainting results in a different business being advertised by the sign.
(l) SIGNS AUTHORIZED BY LAW. Signs required or specifically authorized for a public purpose by any law, statute or ordinance, such as “No Trespassing” signs; provided, however, that no such sign shall be placed in a public right-of-way unless specifically required or authorized by law, statute or ordinance; and, except for warning signs or barricades of a temporary nature, such signs shall be permanently affixed to the ground, a building or other structure. Such signs shall not exceed the minimum number required to accomplish the purpose.
(m) DIRECTIONAL/INFORMATION SIGNS. Signs containing no advertising, provided that each sign does not exceed six (6) square feet in area and limited to a total of twelve (12) square feet for any one (1) business. Businesses having more than one (1) public entrance are allowed an additional six (6) square feet of sign area for the display of information signage at the secondary entrance. Any sign over six (6) square feet requires a permit and counts as a wall or building sign.
(n) POLITICAL SIGNS. Signs six (6) square feet or less in size indicating support for or opposition to a political candidate or political question. Such signs shall not be erected or placed prior to forty-five (45) days before an election and shall be removed within seven (7) days following the election. No such signs shall be placed upon or shall extend into any public property or right-of-way.
(o) BUMPER STICKERS. Bumper stickers or similar expressions of non-commercial speech affixed to motor vehicles.
(p) PICKET SIGNS. Signs used by persons engaged in lawful picketing activities.
(q) SEASONAL DECORATIONS. Temporary, non-commercial decorations or displays when such are clearly incidental to, and are customarily or commonly associated with, any national, local or religious celebration; provided, however, that such decorations or displays are maintained in an attractive condition and do not constitute a fire hazard.
(r) RESIDENTIAL NAMEPLATES.
(s) CIVIC EVENTS POSTERS AND ANNOUNCEMENTS. Posters, flyers and announcements promoting civic events may be displayed, but shall not contain advertisements for products or services not associated with the civic event.
(t) SCOREBOARDS ON ATHLETIC FIELDS.
(u) GRAVESTONES.
(v) RELIGIOUS SYMBOLS NO LARGER THAN SIXTY (60) SQUARE FEET. Any religious symbol larger than sixty (60) square feet must be reviewed and approved by the Planning Administrator.
(w) COMMEMORATIVE PLAQUES NOT EXCEEDING FOUR (4) SQUARE FEET.
(x) HOLIDAY DECORATIONS UTILIZED ON A TEMPORARY BASIS.
(y) OPEN/CLOSED SIGNS NOT TO EXCEED FOUR (4) SQUARE FEET.
(z) WINDOW SIGNAGE. Provided, for safety reasons, that such signage shall cover no more than fifty percent (50%) of the window.
(aa) BANNERS FOR COMMERCIAL USE. A maximum of two (2) only, no larger than thirty (30) square feet, attached to building or fence belonging to the business that is advertising a grand opening sale, product for sale or civic event.
(Ord. 890)
It is unlawful for any person to erect, construct or maintain any of the following types of signs or devices:
(a) Roof signs, with the exception that signs may be allowed on false storefronts, mansards or fascias if the sign does not exceed the roof line over the false storefronts, fascia or mansard roof line.
(b) Parked vehicles used for commercial advertising purposes, except as provided in Article 4 of this chapter, including but not limited to automobiles, trucks, buses, semi-trucks (attached or detached), trailers, mobile homes, boats, vans and the like, shall not be used as signs or sign structures.
(c) Signs constituting a traffic or pedestrian hazard.
(d) Signs which simulate, imitate or conflict with traffic signals or signs.
(e) Signs which do not advertise an operative business.
(f) Billboard signs.
(Ord. 890)
The Planning Administrator shall give notice by certified mail, return receipt requested, for all illegal non-conforming signs erected prior to the effective date of the ordinance codified in this chapter. Notification shall be sent to the owner of the sign at the address of the property where the sign is located. If, within thirty (30) days from service of the notice, the sign has not been removed, the Planning Administrator may cause it to be removed and the cost of removal shall be charged as provided in Article 6 of this chapter. If removed by the city, the sign will be disposed of in whatever manner that the city decides.
(Ord. 890)
Upon adoption of the ordinance codified in this chapter, the Planning Administrator shall conduct a survey of all signs within the city to identify those signs which are not in compliance with this chapter.
(Ord. 890)
Permanent signs legally erected prior to the effective date of the ordinance codified in this chapter which are not prohibited signs under Section 12A-206 shall be deemed to be legal non-conforming signs. Such signs shall be maintained notwithstanding their non-compliance with this article; provided, however, that such non-conforming signs shall not be:(a) expanded; (b) reestablished after damage or destruction if the estimated cost of the reconstruction exceeds fifty percent (50%) of the estimated replacement as determined by the Planning Commission. This provision (Section 12A-209) shall not apply to billboard signs.
(Ord. 890)
(a) The Planning Administrator shall remove or cause to be removed any abandoned, dangerous, defective, illegal or prohibited sign subject to removal under the provisions of this chapter which has not been removed within the time period specified in this chapter, or any other sign maintained in violation of the provisions of this chapter. The Planning Administrator shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within thirty (30) days, the sign shall be removed in accordance with the provisions of this chapter.
(b) The notice shall be mailed or given to the owner of the sign, or the occupant of the property upon which the sign is located or their employee or representative, or to the owner of the property upon which the sign is located as shown on the records of the register of deeds.
(c) In addition, any temporary sign placed on private property in violation of any provision of this chapter may be removed and impounded by the Planning Administrator. The Planning Administrator shall state that if the sign is not removed or the violation not corrected within seventy-two (72) hours, the sign shall be impounded. This notice shall be served upon the owner or agent of such sign and where possible, upon the occupant of the property where the sign is located. Such sign shall be retained by the Planning Administrator for a period of thirty (30) days, after which it may be disposed of in any manner deemed appropriate by the city. Such sign may be recovered by the owner within thirty (30) days upon payment of a service charge of sixty dollars ($60) per sign.
(d) Notwithstanding the above, in cases of emergency, the Planning Administrator may cause the immediate removal of a dangerous or defective sign without notice.
(e) Any person having an interest in a sign or the property owner which the sign is located may appeal the determination of the Planning Administrator ordering removal or compliance by filing a written notice of appeal.
(Ord. 890)
Any person may appeal the determination of the Planning Administrator as set forth in Section 12A-203 by filing a notice of appeal. All appeals shall be filed with the Board of Zoning Appeals for hearing.
(Ord. 890)
All signs, whether a permit is required or not, shall be subject to the general limitations contained in this Article 12.
(Ord. 890)
(a) All signs shall be structurally sound, shall be maintained in good repair and shall not constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or electrical shock. The display surfaces of all signs shall be kept neatly painted and maintained at all times. In addition to other remedies provided for in this Chapter 12A, the Planning Administrator shall have the authority to order the painting, repainting, repair, maintenance or removal of any sign which has become dilapidated or in disrepair.
(b) If such a condition is determined to exist, the Planning Administrator shall give notice thereof by certified mail, return receipt requested, to the owner of the sign at the address shown on the sign permit. If, within thirty (30) days from service of the notice, the Planning Administrator’s order is not complied with, the Planning Administrator may remove the sign or cause it to be removed, and the cost of removal shall be charged against the sign owner and the sign owner’s property as provided in Section 12A--‐209. If removed by the City, the sign shall be held by the City, available for the owner to retrieve at a fee of Fifty Dollars ($50), for not more than thirty (30) days, and it may not be erected until brought into compliance with this Chapter. All signs not retrieved by the owner within thirty (30) days may be disposed of by the City in whatever manner it so chooses.
(Ord. 890)
All signs that are in a new development that require permits for building and trades are required to use the most currently adopted version of the electrical code, with permits being taken out by a licensed building and/or electrical contractor.
(Ord. 890)
No sign shall:
(a) in any way obstruct the view of, or be prone to confusion with, an official traffic sign, signal or device or any other official sign;
(b) obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare;
(c) obstruct free ingress to or egress from required doors, windows, fire escapes or other required exits;
(d) be attached to utility poles or to trees;
(e) be near any driveway approach. No ground sign exceeding a height of three (3) feet, permanent or temporary, shall be located within a triangle, the sides of which are formed by the property line, the edge of the driveway as extended from the street, and a line from a point on the property line twenty-five (25) feet from the driveway to a point on the edge of the driveway six (6) feet behind the property line.
(f) No portion of a sign that is located within the triangle formed by the imaginary intersection of curb lines at the intersection of two (2) streets and extending for a distance of fifty (50) feet each way from that imaginary intersection of curb line of any corner lot, shall be permitted to extend closer than ten feet to grade of adjacent roadway surface.
(Ord. 890)
No signs shall be placed on or within any public right-of-way or public place without the approval of the Planning Administrator.
(Ord. 890)
Only fifty percent (50%) of the surface area per sign face or one (1) side of the sign shall be counted against allowed sign area. The two (2) sides of a double-faced sign must be parallel back to back, and no more than thirty-six (36) inches between the two faces to be considered a double-faced sign
(Ord. 890)