Title 18 - Unified Development Ordinance

18.440.120 Permanent Signs - Special Use Permit

1. A.
   Signs Accessory to a Special Use. Signs proposed on property with a use approved under a Special Use Permit (see 18.370) shall follow the sign regulations of the underlying zoning district or the most analogous zoning district. Requests for increased size or number of signs may be approved by the Planning Commission, taking into consideration the uniqueness of the facility and whether the proposed signs are compatible with:

   1. 1.
      The underlying zoning district,
   2. 2.
      The surrounding land uses,
   3. 3.
      The use of the facility,
   4. 4.
      Similarity to signs allowed by right for other comparable uses in other zoning districts,
   5. 5.
      The height of the building,
   6. 6.
      The relationship of the site to interstate highways, where applicable, and
   7. 7.
      The topography of the site.
   8. 8.
      The application for final development plan approval shall include detailed drawings, maps and text that clearly delineate the various types of signs being proposed and the locations where each type of sign may be installed. For each type of sign, the application shall include the maximum sign size, sign construction details, colors, fonts, and mounting method.
2. B.
   Billboards. Upon the recommendation of the Planning Commission, the Governing Body may approve a Special Use Permit for a Billboard if all applicable conditions of this Chapter and 18.370 are met.

   1. 1.
      Size. Billboards are limited to 672 s.f. in area.
   2. 2.
      District. Billboards may be located on property zoned M-1 (Industrial Park) or M-2 (General Industrial) with frontage on I-35, I-435 or I-635.
   3. 3.
      Prohibited Locations. No Billboard shall be located within the following areas, whichever is more restrictive:

      1. a.
         Within 400 feet of the property line of any residentially-zoned property, park, playground, school, hospital or church. The measurements shall be made as a 400-foot linear measurement along the street frontage on which the Billboard is located.
      2. b.
         Within 200 feet of the property line of any residentially-zoned property, park, playground, school, hospital or church. The measurements shall be made as a 200-foot radial distance 360 degrees around the location of the proposed Billboard.
      3. c.
         A Billboard located within a parking lot shall not cause a reduction in the number of required parking spaces, or interfere with normal circulation patterns.
   4. 4.
      Spacing. Billboards shall maintain a minimum spacing of 1,200 feet from existing Billboards along interstate or adjacent frontage road rights-of-way. The 1,200-foot spacing dimension shall be measured along the side of the roadway where the sign is proposed regardless of the direction from which the sign may be viewed.
   5. 5.
      Height. Billboard height shall not exceed 30 feet above the right-of-way grade from which it is viewed. If the proposed Billboard location grade is higher than the adjacent right-of-way grade, the Governing Body may require the overall height of the Billboard to be lowered.
   6. 6.
      Lighting. Billboards shall be indirectly illuminated or non-illuminated and comply with all applicable City building codes and applicable lighting standards of this Chapter.
   7. 7.
      Roof or Wall Mounting Prohibited. No Billboard shall be allowed to be mounted, attached or affixed to a building rooftop or the walls of any building.
   8. 8.
      Yards and Setbacks. Billboards shall maintain the setback necessary for the pole and overall structure to be located on and over private property.
   9. 9.
      Maintenance. In addition to the maintenance requirements of this Chapter, the area around any Billboard and its sign support shall be kept clear of debris, and all scrub brush, tall grass and weeds shall be cleared away to a distance of a 10-foot radius from the Billboard and sign support. Landscaping approved as part of the Special Use Permit shall be maintained and replaced, as necessary.
   10. 10.
       Double-faced Billboards. No more than 1 double-faced Billboard shall be allowed per pole and/or location.
   11. 11.
       Time Limits. No Special Use Permit for a Billboard shall be granted for more than 5 years, with a 60-day time limit for removal in the event the permit is not renewed.
3. C.
   Digital Display. Upon the recommendation of the Planning Commission, the Governing Body may approve a Special Use Permit for a Digital Display if all applicable conditions of this Chapter and 18.370 are met.

   1. 1.
      Highway Monument Sign with Digital Display

      1. a.
         Location. Digital display on a highway monument sign meeting the requirements of 18.440.090.F may be located on property:

         1. 1.
            Zoned CP-2 or CP-3

            1. a.
               Requires a minimum of 400,000 s.f. of floor area in the development
         2. 2.
            Zoned MXD

            1. a.
               Limited to a Mixed-Use Center or Mixed-Use Neighborhood development
         3. 3.
            Approved in conjunction with an indefinite Special Use Permit for a special use designated under 18.370.020 when such special use is:

            1. a.
               Intended for facilities for gatherings of large assemblies of people;
            2. b.
               Not for facilities for residential occupancy or for overnight guests; and
            3. c.
               Requires a minimum of 20 acres and 100,000 s.f. of floor area.
      2. b.
         Spacing. Highway monument signs with digital displays shall maintain a minimum spacing of 1,000 feet from existing digital displays along interstate rights-of-way. Such measurements shall be made as a 1,000-foot radial distance 360 degrees around the location of the proposed digital display.
      3. c.
         Setbacks. Highway monument signs with digital display shall meet the setback requirements found in 18.440.050.B.
      4. d.
         Appearance. Highway monument signs with digital display shall meet the requirements found in 18.440.050.E and F related to illumination and digital display.
      5. e.
         Hold Times and Transitions. Highway monument signs with digital display shall meet the digital display requirements found in 18.440.050.F.2. For developments with more than one digital display, the transitions shall be coordinated to occur simultaneously on every display.
      6. f.
         Concurrency. No permit for the installation of a digital display on a highway monument sign shall be issued until the construction of the main use has commenced.
   2. 2.
      Building-Mounted Digital Display

      1. a.
         Location.  Digital display mounted on a building may be located on property with 200 feet or more of highway frontage along I-35, I-435, I-635, and U.S. 69 Highway in the following locations:

         1. 1.
            Zoned CP-O

            1. a.
               Requires a minimum of 400,000 s.f. of floor area in the development
            2. b.
               Requires a minimum 4-story building
         2. 2.
            Approved in conjunction with an indefinite Special Use Permit for a special use designated under 18.370.020 when such special use is:

            1. a.
               Intended for facilities for gatherings of large assemblies of people;
            2. b.
               Not for facilities for residential occupancy or for overnight guests; and
            3. c.
               Requires a minimum of 20 acres and 100,000 s.f. of floor area.
      2. b.
         Setbacks.  A digital display mounted on a building shall be setback a minimum of 200 feet from highway right-of-way.
      3. c.
         Size.  The digital display mounted on a building shall not exceed 10 percent of the total area of the facade upon which it is placed.
      4. d.
         Appearance.  The digital display shall be attached directly to and made integral with architectural elements on the facade of the building to highlight or accentuate elements of the architectural design.
      5. e.
         Illumination. A digital display mounted on a building shall meet the requirements found in 18.440.050.F.1, as measured at the special use permit boundary.
      6. f.
         Display Movement.  The speed of the digital display shall not exceed 5 feet per second. The display shall slowly move, shift, stream, scroll, or otherwise incorporate gentle motion as a smooth, rolling movement across or within the display area. Movement shall be appropriate to the scale and imagery, and shall not include flashing, blinking, strobing, quick cuts or fast motion.
      7. g.
         The brightness, movement or refresh rate of the display shall not create a public nuisance or hazard (pursuant to 7.04 or K.S.A. 12-1617e and each may be amended from time to time) that impacts highway traffic or any nearby residential properties.

(History: Ord. No. ZRR-3300 §13, 2020; Ord. ZRR-2698 §17, 2007; ZRR-2427 §11, 2003; ZRR-2343 §55, 2002; ZRR-1725; ZRR-1637; ZRR-960; ZRR-959; ZRR-889 §18.52)

Effective on: 1/1/1901