ARTICLE 27. SIGN REGULATIONS

The intent of this section is to:

(a) Preserve the civic beauty and unique character of the city as reflected in distinct areas and districts within the city by ensuring signs contribute to an appropriate sense of place.

(b) Enhance the visual quality of the community reflected in the visual priority of buildings, open spaces, streetscapes, and landscape.

(c) Ensure safety of pedestrians, motorists or other users of the public right-of-way and open spaces by ensuring signs are maintained and structurally safe, and do not distract or reduce the effectiveness of public safety signs.

(d) Promote economic viability by assuring that the city will be a visually pleasant place to visit, conduct business, and live.

(e) Provide effective and efficient identification and communication for businesses without excessive competition for visual attention.

SECTION 27-2 ADMINISTRATION

27-201.

(a) Sign Permit Required:

1. All new signs and replacement of existing signs shall require a sign permit demonstrating compliance with these sign standards, unless exempt from a permit by Section 27-3 Exempt Signs. Ordinary maintenance, care or repair of existing signs or change of copy without altering the essential construction elements of an existing sign shall not require a permit for zoning and design standards.

2. Sign permits shall be made on a form provided by the City of Ottawa and shall be accompanied by plans drawn to scale indicating the 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. The Zoning Administrator, or his or her designee, shall review and approve any increase of height in signs, based on survey.

3. Issuance: The Zoning Administrator 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.

4. Revocation and Denial: The Zoning Administrator may, in writing, suspend or revoke a permit issued under the provisions of this section whenever the permit is issued on the basis of a misstatement of material fact or fraud. When a sign permit is denied by the Zoning Administrator, he/she will give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.

5. Sign Permit Appeals: Appeal may be made to the Board of Zoning Appeals upon denial of a sign permit.

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

SECTION 27-3 EXEMPT SIGNS

The following signs are exempt from the permit process provided they meet all other applicable requirements of this Code, and unless specifically noted, do not count towards the size allocation standards in this ordinance.

(a) Address Signs. Signs clearly indicating the property address are encouraged to enhance the ability of public safety and emergency services personnel to locate the property. One wall and one freestanding sign per address up to two square feet each provided the following standards are met.

1. Address signs on buildings shall be mounted between four feet and nine feet high to enhance visibility.

2. Freestanding address signs shall be located at the primary access point and shall be no more than three and one-half feet high to minimize sight obstruction.

(b) Governmental Signs. Governmental signs, as defined in this Article.

(c) Government Flags. Government Flags, as defined in this Article, subject to the height restrictions of the City of Ottawa, Kansas Zoning Regulations.

(d) Decorative Flags. Up to three Decorative Flags, as defined in this Article, per lot, not greater than 24 square feet in size, mounted on a flag pole and not located in any required minimum setback for the lot as set forth in the Zoning Regulations of the City of Ottawa, Kansas.

(e) Corporate Flags. Up to one Corporate Flag, as defined in this Article, per lot, not greater than 24 square feet in size, mounted on a flag pole and not located in any required minimum setback for the lot as set forth in the Zoning Regulations of the City of Ottawa, Kansas.

(f) Automated Teller Machine (ATM), Fuel Pump and Fuel Pump Topper Signs. Automated Teller Machine (ATM), Fuel Pump and Fuel Pump Topper signs as defined in this Article.

(g) Signs within Enclosed Buildings. Signs located completely within an enclosed building, and not exposed to view from a street or parking lot shall not be considered a sign under this Article.

(h) Memorial Signs or Tablets. Smaller signs or tablets used for commemorating, honoring or remembering a person, place or event, and names of buildings and date of building erection when cut into or raised in integral relief on any masonry surface or when constructed of bronze or similar noncombustible materials.

(i) Public Safety or Traffic Control. Signs designed and located to control internal site traffic movement and safety of vehicles and pedestrians according to uniform traffic control devise standards, or otherwise required to support any official action of a federal, state or local government.

(j) Portable Pedestrian Signs. Portable Pedestrian Signs as defined in this Article and meeting the standards specified in Section 27.701.c.

(k) Temporary Signs. Temporary signs not exceeding four square feet in size. These signs are exempt from permits, but do count toward the total size allocation per lot for all temporary signs.

(l) Minor Signs. Signs less than two square feet in size intended to convey messages to internal users of the site, and generally not visible from or intended to convey messages to people in the right-of-way, such as parking instructions, security warnings, or other similar minor signs that are accessory to the use of the site and building. Grouping or arranging minor signs to have the effect of a larger permitted sign makes these signs ineligible for this exemption.

SECTION 27-4 SIGN TYPES

The following sign types are distinguished for the purposes of the sign requirements in this Section.

Type	Description
Permanent Wall Sign	A sign painted, printed, attached, glued, or otherwise affixed to the exterior surface of a building, building marquee, awning, canopy or other fixed building surface in a permanent manner with a scale and design legible to vehicles or pedestrians from a public right-of-way or from a private sidewalk, walkway or parking lot that serves or supports the building or the development in which the building is located.
	A detached sign that is mounted to the ground in a permanent manner independent from any building with a scale and design legible primarily to vehicles or pedestrians in the public right-of-way. Free-standing signs encompass two specific sign types:
Permanent Freestanding Sign	*Monument Sign:* A type of permanent free-standing sign mounted on an enclosed, solid base or ornamental surface structure, or on poles, pylons or similar structures that are concealed with a pole cover, pylon cover or cladding.
	*Pole Sign:* A type of permanent free-standing sign constructed on one or more poles, pylons or similar structures so the bottom edge of the sign surface is elevated above the ground, and the pole(s), pylon(s) or similar structure(s) is(are) not concealed with a pole cover, pylon cover or cladding to meet description and requirements for a monument sign.
	*Billboard:* A type of permanent sign structure that is specifically intended and used to display off-premise commercial or non-commercial sign messages that are intended to be manually changed frequently or intermittently.
Permanent Pedestrian Signs	A sign with a design and scale to be legible to pedestrians in front of or immediately adjacent to the building, or to be legible to individuals internal to a site containing multiple buildings. Pedestrian signs are located in a permanent manner hanging below a canopy or awning, projecting from a wall, mounted on a wall, door or window, or free- standing.
Temporary Sign	A portable sign which is not permanently embedded in the ground or permanently affixed to a building or structure, and designed or intended to be displayed for a brief period of time. Temporary signs do not include permanent signs with temporary or changeable messages or portable pedestrian signs as defined and otherwise regulated in this Article. Temporary signs are usually constructed of cloth, canvas, light fabric, cardboard, wallboard, aluminum or other similar light materials, with or without frames.
Permanent Internal Ground Sign	A sign with a design and scale to be legible to pedestrians or vehicles navigating or using the internal portions of a site, and, except for signs placed at entrance or exit driveways to direct vehicular traffic safely onto or from the interior portions of a site, generally not legible to vehicles or pedestrians I the public right-of-way. Internal ground signs may be monument or pole design.

SECTION 27-5 SIGN ALLOWANCES

The following sign allowances apply to zoning districts or groups of zoning districts as the basic standard. Other restrictions in this Section or other regulations may operate to further reduce the basic sign allowances within each zoning district.

27-501. Residential Districts. Only the signs set out in Table 27-2 shall be permitted in the CS, R-1, R-2 and R-3 residential districts; MHS and MP manufactured home districts, and all residential sections of either a PUD (subject to any additional requirements of a PUD approval), or MU/RC.

27-502. Commercial and Industrial Districts. Only the signs set out in Table 27-2 shall be permitted in the C-1, C-2, C-3 and C-4 commercial districts; I-1 and I-2 industrial districts; and all commercial and industrial areas of either a PUD (subject to any additional requirements of PUD approval), or MU/CI.

Table 27-2 Sign Allowances

Residential Districts

Commercial Districts

Industrial Districts

Permanent Wall Signs

Permitted principal non-residential land uses or multi-dwelling land uses (excluding duplexes and attached 2 to 4 unit dwellings):

§ Number: 1 per zoning lot.

§ Total Area/Size: Allowance: 5% of building wall area to which the sign is attached, maximum.

§ Sign Size: 32 sq. ft. per sign maximum.

§ Sign Illumination: Internally illuminated wall signs are not allowed; externally illuminated signs are allowed provided they are indirectly lighted with white light only and are not constructed of reflective or luminous materials. Reverse channel letter wall signs are considered to be externally illuminated signs provided they are illuminated with white light only.

*Home Occupations – no more than

1 sign regarding the home occupation shall be permitted (whether it is a wall sign or a freestanding sign), and such sign shall be mounted flat against, or within five (5) feet of, the exterior wall of the dwelling unit. The maximum size allowed for a home occupation in Residential Districts is 4 square feet and 16 square feet for

Agricultural / Countryside Districts.

§ Number of Signs: 1 sign per tenant on wall with exterior public entrance to tenant space (multi-tenant building). Otherwise, 3 signs per façade maximum.

§ Sign Area: 10% of the building wall area maximum, or 300 sq. ft., whichever is less. For each 100 foot increment the building wall is set back from a public street right-of-way, the base maximum area may be increased by 50%, provided the total area of wall signs shall not exceed 10% of the building wall area or 450 sq. ft., whichever is less. Coverage of awnings, canopies or marquees cannot exceed 25% of the surface area.

§ Sign Location: Allowed on building walls facing or fronting a public street right-of-way or a parking lot or other open space under the same ownership with at least fifty lineal feet between the building wall and the nearest building. In no case shall wall signs be constructed on more than 3 building walls of a building.

Sign Illumination: Internally and externally illuminated signs are allowed.

§ Number of Signs: 2 signs per tenant on wall with public exterior entrance to tenant space (multi-tenant building). Otherwise, 4 signs per façade maximum.

§ Sign Location: Allowed on building walls facing or fronting a public right-of-way or a parking lot or other open space under the same ownership with at least 50’ between the building wall and the nearest building. In no case shall wall signs be constructed on more than 3 building walls of a building.

Sign Illumination: Internally and externally illuminated wall signs are allowed.

Residential Districts

Commercial Districts

Industrial Districts

Permanent Freestanding Signs

For permitted non-residential land uses, regardless of lot size, or any residential subdivision project or multi-dwelling project (excluding duplexes and attached 2 to 4 unit dwellings) on lots or parcels of 2 acres or more:

§ Number of Signs: 1 sign per public street frontage for non-residential uses OR per entrance for residential projects on two acres or more.

§ Sign Area Allowance: For non- residential land uses on less than 2

acres, 1 sq. ft. for each 5’ of lot public street frontage.

§ Sign Area: 32 s.f. maximum per sign. For each 5’ of setback from the public street right-of-way property line, maximum sign area may be increased by 8 sq. ft. to a maximum of 48 sq. ft.

§ Sign Height: Monument design required for permanent signs; 12’ high maximum (height includes monument base). For each 5’ of setback from the public street right-of-way property line, maximum sign height may be increased by 1’ to a maximum of 15’.

§ Sign Illumination: Externally illuminated signs are allowed provided they are indirectly lighted with white light only and are not constructed of reflective or luminous materials. Internally illuminated signs for permitted non-residential uses in residential zoning districts may be internally illuminated provided they are lit with white light only and no such internally illuminated sign shall create glare on surrounding residential uses/properties.

*Home Occupations – no more than 1 sign regarding the home occupation shall be permitted (whether it is a wall sign or a freestanding sign), and such sign shall be mounted flat against, or within five (5) feet of, the exterior wall of the dwelling unit.al / Countryside Districts.

§ Number of Signs: 1 sign per lot. For lots of 3 or more acres, 1 additional sign may be allowed at a secondary entrance facing or fronting a different public street than the first sign.

§ Sign Area:

- Monument Sign: 100 square feet/side.

- Pole Sign: 150 square feet/side.

- On-site freestanding pole signs located within 2,000 feet of the interstate: total sign face may be increased to 750 square feet, with no individual face greater than 350 square feet. Sign size increases of more than 10% of the maximum allowed height must be processed through the Board of Zoning Appeals.

§ Sign Height: No sign may exceed the maximum height permitted for buildings in the zoning district in which the sign is located.

- Monument signs: 12’ high maximum. For each 5 feet of setback from public street right- of-way property line, height may be increased by 2 feet to a maximum of 16 feet (height includes monument base).

- Sign height of on-site freestanding pole signs located within 2,000 feet of the interstate may be increased (with an absolute maximum height of 110 feet), provided a sign survey indicates a need for traffic safety or visibility to allow a safe exit from the inside lane of the interstate highway.

- Sign height increases of more than 10% of the maximum allowed height must be processed through the Board of Zoning Appeals.

§ Sign Illumination: Externally illuminated or internally illuminated signs are allowed.

§ Number of Signs: 1 sign per lot. For lots of 3 or more acres, 1 additional monument sign may be allowed at a secondary entrance facing or fronting a different public street than the first sign.

§ Sign Area:

- Monument Sign: 150 square feet/side.

- Pole Sign: 150 square feet/side.

§ Sign Height: No sign may exceed the maximum height permitted for buildings in the zoning district in which the sign is located.

- Monument signs: 16’ high maximum. For each 5 feet of setback from public street right- of-way property line, height may be increased by 2 feet to a maximum of 20 feet (height includes monument base).

- Sign height increases of more than 10% of the maximum allowed height must be processed through the Board of Zoning Appeals.

§ Sign Illumination: Externally illuminated or internally illuminated signs are allowed.

*Billboards – all billboards must be located within 500 feet of the center of the U.S. Interstate 35 median or exit ramp and no two advertising signs shall be within 660 feet of each other. Maximum gross surface area of a billboard is 500 square feet/side.

*Billboards – all billboards must be located within 500 feet of the center of the U.S. Interstate 35 median or exit ramp and no two advertising signs shall be within 660 feet of each other. Maximum gross surface area of a billboard is 500 square feet/side.

	Residential Districts	Commercial Districts Industrial Districts
Temporary Signs	§ Freestanding – o Total Area Allowance: 1 s.f. for each 5 linear feet of frontage. o Size: 9 s.f. maximum per sign. o At least 25’ between signs. § Wall - o Number: 2 per façade. o Total Area Allowance: 5% of façade area maximum. o Size: 8 s.f. maximum per sign. Exception to maximum number of signs. Temporary signs installed on a lot for not more than 50 days prior to and 10 days after the date of a political election, referendum or ballot measure. Exemption from permit: Temporary signs as allowed above are exempt from permit.	§ Freestanding - o Total Area Allowance: 1 s.f. for each 5 linear feet of lot street frontage. o Size: 32 s.f. maximum per sign. o Sign Height: 9’ maximum above ground on which sign is placed. o Spacing: At least 50’ from any other temporary sign.. § Attached to building wall – o Number: 2 maximum per public street frontage. o Total Area Allowance: 5% maximum of wall area facing a public street.. o Size: 32 s.f. maximum per sign. Exemptions from permit. (1) Temporary signs not exceeding the maximum sign size and height allowances above, and located on a lot where the property or a portion thereof is for sale, lease or rent, as set forth in Section 27-3 of this Article. Such signs shall not count against the total temporary sign area allowance for the lot. (2) Temporary signs not exceeding 8 sq. ft. in area that are installed on a lot for not more than 50 days prior to and 10 days after the date of a political election, referendum or ballot measure. (3) Temporary signs that are classified as Minor Signs. (4) Portable pedestrian signs meeting the standards of Section 27-3.c. Exception to maximum number of signs. Temporary signs installed on a lot for not more than 50 days prior to and 10 days after the date of a political election, referendum or ballot measure.
Permanent Pedestrian sign	For permitted non-residential land uses. § Number of Signs: 1 per public entrance to building or tenant space. § Sign Height: 4’ high maximum, when mounted on the ground. § Sign Location: Within 20’ of entrance, when mounted on the ground. § Size Area: 6 sq. ft. maximum.	§ Number of Signs, Size and Location: 1 sign for each public entrance to a building or tenant space, maximum of 8 sq. ft. and within 20’ of entrance. § Sign Height: 6’ high maximum, when mounted on the ground. OR § Sign Number & Size: 1 sign for each 25’ of building public street frontage; 6 sq. ft. maximum. § Sign Height: 6’ high maximum, when mounted on the ground. Exemption: Portable pedestrian signs or any pedestrian sign mounted on a building that projects into the right-of-way are exempt from right-of-way prohibition in the C-4 zoning district.
Permanent Internal Ground Sign	· Number of Signs: 1 for each 10,000 sq. ft. of a lot or parcel. · Sign Size: 4 sq. ft. maximum on lots or parcels less than 2 acres; up to 8 sq. ft. for lots or parcels of 2 acres or more, and when set back at least 50’ from public street right-of-way or lot or parcel lines. · Sign Height: 6’ maximum, when set back at least 50’ from public street right-of-way or lot or parcel lines. · Sign Illumination: Internally illuminated signs are not allowed; externally illuminated signs are allowed provided they are indirectly lighted with white light only and are not constructed of reflective or luminous materials.	· Number of Signs: 1 for each 5,000 sq. ft. of a lot or parcel up to and including 20,000 sq. ft., plus 1 for each 10,000 sq. ft. of a lot or parcel greater than 20,000 sq. ft. · Sign Size: 4 sq. ft. maximum when located within 15’ of public street right-of- way; 6 sq. ft. maximum when located more than 15’ but not more than 50’ from public street right-of-way; 16 sq. ft. maximum when located more than 50’ from public street right-of way. Signs serving drive-through facilities may be 32 sq. ft. maximum when set back at least 50’ from the public street right-of way and located further back from the public street right-of-way than the wall of the primary use building that faces a public street right-of-way. · Sign Height: 3’ maximum height when located within 15’ of public street right-of- way; 4’ maximum height when located more than 15’ but not more than 50’ from public street right-of-way; 6’ maximum height when located more than 50’ from public street right-of-way. Signs serving drive-through facilities may be 8’ maximum height when set back at least 50’ from the public street right-of way and located further back from the public street right-of-way than the wall of the primary use building that faces a public street right-of-way. · Sign Illumination: Internally and externally illuminated signs are allowed.

SECTION 27-6 STANDARDS APPLICABLE TO ALL SIGNS

27-601.

(a) No sign shall be attached to any public utility pole or erected, located or placed within the right-of-way of a public road or street, except Governmental Signs or other similar signs as permitted by the applicable federal, state or local road authority, or by the applicable public utility, or where specifically exempt from the right-of-way prohibitions in this Article.

(b) No sign shall be erected, located or placed without the property owner’s permission.

(d) No sign located on the triangle formed by two curb lines at the intersection of two streets, a public street and alley, two internal access streets, an internal access street and a public street or a driveway and public street, extending for a distance of 50 feet each way from the intersection of the curb lines, shall be permitted to exceed a height of more than 36 inches above the road level of the adjoining street, alley or driveway in order that the view of the driver of a vehicle approaching an intersection with a street shall not be obstructed.

(e) No sign shall be placed on any vehicle or trailer, when such vehicle or trailer is placed or parked visible from the right-of-way, and the primary purpose of the sign is to deviate from the standards or criteria of this Article.

(f) No sign attached to any building shall extend vertically above the highest portion of the roof line or parapet, whichever is less.

(g) Any sign projecting over a walkway or other active area in front of a building or other active area where people may walk shall maintain at least 9’ vertical clearance.

(h) No sign shall be erected, located or placed in or on a public utility or drainage easement, unless specifically authorized by the Director of Community Development, or his or her designee.

(i) No sign, other than an authorized Governmental Sign, shall be erected, located or placed closer than 5’ to the side or rear lot line of the lot on which the sign is erected, located or placed.

(j) No sign shall include balloons, pennant streamers, pennants or other air activated elements, or any Animated Sign elements, whether animated by mechanical, electrical, or environmental means, except for Flags, Corporate Flags, Decorative Flags, Government Flags and Feather Signs as defined and allowed in this Article.

(k) Any illumination shall be designed to eliminate negative impacts on surrounding right-of-way and properties. The light from an illuminated sign shall not flash or oscillate, or create a negative impact on residential uses in direct line-of-sight to the sign. Lighted signs in direct vision of a traffic signal shall not be in red, amber or green illumination.

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

(m) Any sign with a commercial message shall be an On-Premise Sign, as defined in this Article.

SECTION 27-7 STANDARDS APPLICABLE TO SPECIFIC SIGN TYPES

27-701.

(a) Monument Signs.

1. Monument signs shall be located within a landscape area as may be required by a site plan required and approved pursuant to the City of Ottawa’s Zoning Regulations.

2. Monument signs shall have a base at least 65% of the width of the widest part of the sign and not more than 125% of the width of the widest part of the sign.

3. The base and sign shall include ornamental architectural details and materials that complement the overall design of the site and building.

4. Monument signs shall be no closer than 10 feet to any other sign, building or structure unless constructed entirely of noncombustible material.

5. Monument signs shall have a surface or facing of noncombustible materials, or other material approved by the Chief Building Official, or his or her designee. Combustible structural trim may be used on monument signs.

6. No monument sign located on the triangle formed by two curb lines at the intersection of two streets, a public street and alley, two internal access streets, an internal access street and a public street or a driveway and public street, extending for a distance of 50 feet each way from the intersection of the curb lines, shall be permitted to exceed a height of more than 36 inches above the road level of the adjoining street, alley or driveway in order that the view of the driver of a vehicle approaching an intersection with a street shall not be obstructed.

(b) Wall Signs.

1. Flat wall signs. A Wall Sign with the exposed face of the sign mounted in a plane approximately parallel to the plane of the wall that does not extend more than 18 inches from the wall.

2. Projecting wall signs. A Wall Sign is considered to be a Projecting Sign when any portion of the sign extends more than 12 inches from the wall, canopy or marquee to which it is attached. A Projecting Sign shall not project more than five feet from the face of the wall, canopy or marquee to which it is attached, and shall not extend over any public driveway, alley or thoroughfare used for vehicular traffic.

Exception: Projecting wall signs shall be allowed in the C-4 District subject to the following restrictions:

(A) No projecting sign shall be maintained less than nine (9) feet, nor more than fifteen (15) feet above, the sidewalk over which it is erected.

(B) No projecting sign shall exceed twelve (12) square feet in surface area.

(D) No applicant shall be granted a permit to erect a projecting sign over the public right-of-way until he/she has furnished proof of insurance satisfactory to the Zoning Administrator stating that the applicant’s coverage extends to the proposed sign and any injuries arising therefrom.

3. Awning or canopy wall signs. Awnings and canopies, and Awning Signs and canopy Signs shall meet the following standards.

(A) Awning materials. Awnings may be constructed of cloth or metal, provided that all frames and supports shall be of metal.

(B) Awning and canopy construction standards. Awnings and canopies shall be of materials constructed in accordance with the requirements of the City of Ottawa, Kansas Building Regulations.

(C) Awning setback from street curbline. No awning shall be permitted to extend beyond a point two feet inside the street curbline.

(D) Awning support. Every awning shall be securely attached to and supported by the building, and properly maintained in such manner.

(E) Awning and canopy signage area. To determine the allowable signage area on the awning or canopy, the surface area of the awning or canopy behind any lettering, logo or insignia shall be measured by establishing the square footage covered by the perimeter of signage. No Awning Sign or Canopy Sign, or any portion of an Awning Sign or Canopy Sign, shall contain a Changeable Message Sign.

(1) The combined sign area of signs on an awning or canopy supported by attachment to a building and other wall signs on the same building facade shall not exceed the allowances for wall signs pursuant to this Article. When more than 50 percent of the total square footage of an awning or canopy supported by attachment to a building contains logo, insignia or lettering, the surface area of the entire awning or canopy, including the surface area without lettering, logo, or insignia, shall be considered a sign for purposes of this Article.

(2) The combined sign area on any canopy face of a canopy that is structurally independent from another building shall not exceed twenty-five percent (25%) of the area of the canopy face, except that signs on a canopy face with an area not greater than 25 square feet shall not exceed fifty percent (50%) of the area of the canopy face.

All wall signs for which a permit is required under this Article shall have a facing surface of noncombustible materials, provided that combustible structural trim may be used on a wall sign. However, the surface or facing and structural trim of a wall sign which is attached to a stone, brick or masonry wall may be of exterior grade plywood having a thickness of not less than one (1) inch. No plywood sign shall be illuminated or in any manner be operated or serviced by electricity.

(c) Portable Pedestrian Signs. Portable Pedestrian Signs (“A-Frame” or “sandwich board”) for retail and service uses shall be located on private property, except in the C-4 Zoning District where such signs may be located on the public right-of-way, provided:

1. Not more than one (1) sign shall be located within close proximity to each main public entrance to the building.

2. Signs shall be located on or near a sidewalk with at least five feet clear passage maintained for pedestrians on the sidewalk, and any sign shall not otherwise be placed in any location that creates visual obstructions or safety hazards for users of the right-of-way.

3. Signs shall not exceed 32 inches in width and 48 inches in height above the adjacent sidewalk.

4. Signs shall not be illuminated or contain any digital display, and shall not contain banners, flags, pennants, pennant streamers, balloons or other moving parts.

5. Signs shall not be displayed during non-business hours.

6. Signs shall be designed with durable materials and quality aesthetics for use on a recurring basis (no banners, flags, pennants, pennant streamers, balloons or other moving parts). Although changeable copy can be included as part of the design, such as chalkboards, signs designed as Temporary Signs are not eligible as Portable Pedestrian Signs, and the allowance for signs in the right-of-way specifically does not apply to any Temporary Sign.

(d) Electronic Message Center (EMC) Signs. Electronic message center signs are subject to the following additional limitations:

1. EMC Signs shall be limited to C-1, C-2, and C-3 Zoning Districts and for permitted schools, churches, government buildings and public agencies. The following restrictions shall apply to electronic message centers:

(A) No electronic message center shall exceed 40 square feet in size and shall be incorporated into a larger sign permitted by these regulations. The electronic message center shall not exceed 50 % of the overall sign face.

(B) The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk and dawn.

(D) Electronic message centers are permitted to utilize the static display with “fade” or “dissolve” transitions or similar subtle transitions and frame effects that do not have the appearance of moving text or images. Electronic message centers may be changed at periodic intervals by said entry and exit effects provided that the minimum message time shall be five (5) seconds. Animated images are prohibited.

(E) Electronic message centers, if located in a residential district or within one hundred fifty (150) feet of a residentially zoned district, may only be operated between the hours of 6 a.m. and 10 p.m.

(e) Accessway: No sign shall block any required accessway.

(f) Temporary Signs. Temporary Signs are subject to the following additional limitations:

1. It shall be the responsibility of the person who causes the Temporary Sign to be erected to see that the Temporary Sign placed with the permission of the property owner is removed when the temporary event is over or if the sign comes into disrepair.

2. Temporary Signs shall not be illuminated or painted with a light-reflecting paint.

3. Temporary Signs may be constructed of either rigid or non-rigid material, and securely anchored so as not to pose a distraction or hazard to drivers. Non-rigid materials (such as banners) which are secured by a support or frame to avoid distraction of flapping may be used as a freestanding temporary sign when set back at least 10 feet from the pavement edge of the fronting roadway.

4. The Zoning Administrator, or his or her designee, shall be authorized to require the removal of any Temporary Sign that pertains to an expired event.

5. Not more than two (2) Temporary Signs shall be allowed on any property that has an approved, operating Electronic Message Center Sign, excluding Temporary Signs placed on a lot for not more than 50 days prior to and 10 days after the date of a political election, referendum or ballot measure.

6. Temporary Feather Signs are allowed for commercial properties in the C-1, C-2, C-3 and I-1 Zoning Districts and are limited to not more than one (1) Feather Sign per lot street frontage at the same time and no more than two (2) such signs on any one zoning lot. Temporary Feather Signs may not exceed nine (9) feet in height above the ground on which they are placed and 16 square feet in area, must be at least 50’ from any other temporary freestanding sign on the same lot, and must be set back from the public right-of-way by a distance that is equal to or greater than the height of the Feather Sign.

SECTION 27-8 ENFORCEMENT OR REMOVAL OF UNLAWFUL, UNSAFE OR ABANDONED SIGNS

27-801

(a) If it has been determined that any sign or other advertising structure regulated herein is unsafe, abandoned or has been constructed, erected or is being maintained in violation of the provisions of this Article, written notice of such determination 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 thirty (30) calendar days, the Zoning Administrator may cause the sign to be removed or repaired to make it safe, at the expense of the permittee or owner.

1. Signs in the right-of-way or on public property.

(A) An unauthorized sign in the right-of-way or on public property is hereby declared to be a nuisance.

(B) The following acts are prohibited:

i. No person shall place or cause the placement of a sign in the right-of-way or on public property, including but not limited to any street, sidewalk, park, tree or utility poles. The act of placement will be deemed to continue until such sign is removed.

ii. Any sign placed or installed in the right-of-way or on public property will be deemed an unlawful sign and will be subject to immediate removal by the City of Ottawa, Kansas, as authorized in this Article.

iii. The existence of a sign in the right-of-way or on public property directing attention to a person is prima facie evidence that such person has caused the placement of such sign in the right-of-way or on Public Property.

iv. The existence of a sign in the right-of-way or on public property directing attention to a business, product or service is prima facie evidence that the owner or the agent for the owner of that business, product or service caused the placement of such sign in the right-of- way or on public property.

v. The existence of a sign in the right-of-way or on public property directing attention to an event is prima facie evidence that the promoter of that event or the agent for the promoter caused the placement of such sign in the right-of-way or on public property.

2. Exceptions.

(A) Signs installed by any of the following and directly related to the use of the right-of-way or public property, including Governmental Signs and signs for the control and direction of traffic shall be exempted from the provisions of subsections 27.901.a.1a. and 27.901.a.1.b. of this Article:

(i) City, county, state or federal government entities;

(ii) Any public utility with a franchise or other agreement with the City of Ottawa, Kansas; or

(iii) Any other government entity or person expressly authorized by local, state or federal law or contract to install a sign in the right-of-way or on public property.

(B) Portable Pedestrian Signs placed on public right-of-way for property in the C-4 Zoning District per standards set forth in Section 27-701.c) of this Article.

3. Other remedies and enforcement powers.

In addition to the other enforcement powers set forth in Section 5-1821 of this Article, for unlawful signs located on City property, City right-of-way or City easements, the Zoning Administrator or his or her designee, or other employee designated by the City Manager, shall have the authority to immediately remove such signs. In addition to the penalty provisions set forth above, any person seeking to retain custody of an unlawful sign removed from City property, City right-of-way or City easements shall pay to the City an administrative storage fee of $25.00 for each sign. After at least ten days of storage the City shall have sign materials either recycled or otherwise properly disposed. The City may seek such other remedies and use such other enforcement powers as allowed by law.

(b) Unsafe signs. Any sign located on a building or property that is in substantial disrepair or that is structurally unsound or dangerous with potential to cause harm or damage to persons or property.

(c) Abandoned signs. Except as otherwise provided for in Section 27-9 of these regulations for nonconforming signs, any sign which is located on a building, structure, or real property which becomes vacant and unoccupied for a period of ninety (90) consecutive 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 monument or highway sign shall include the face and base. Any sign structure that is in conformance with this Article may remain as long as it is properly maintained and does not become unsafe or unsightly.

1. If after the ninety (90) consecutive day time period has elapsed and the sign has not been removed, the Zoning Administrator shall notify, in writing, the property owner of record that the sign shall be removed within thirty (30) calendar days after the date of the notice. If the sign has not been removed within thirty (30) calendar days after the date of the notice, the City may have the sign removed and the associated costs assessed to the property.

2. The City Clerk shall mail a statement of cost for removal of the 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 ten (10) days from the mailing of notice, the Governing Body may levy a special assessment for such cost against the property. 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.

SECTION 27-9 NOTICES AND ORDERS

27.901

(a) Notice of violation to person responsible. Whenever the Zoning Administrator, or his or her designee, determines that there has been a violation of this Article or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 27-801.b. and 27-801.c. to the property or building owner, property or building lease, or other person responsible for the violation as specified in this Article.

(b) Form. Such notice prescribed in Section 27-801.a. shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order allowing a reasonable time to correct the violation.

5. Inform the property owner or owner’s authorized agent of the right to appeal.

6. Include a statement of the right to file a lien in accordance with this Article.

1. Delivered personally; or

2. Sent by certified or first-class mail addressed to the last known address; or

3. When the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building or property affected by such notice.

SECTION 27-10 MAINTENANCE OF SIGNS

27-100.

(a) Any person, who shall violate a provision of Article 27 of the Zoning Regulations of the City of Ottawa, Kansas, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local law. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Any person convicted of a violation of any provision of this Article shall be punished by a fine in an amount not less than one hundred dollars ($100) or more than five hundred dollars ($500).

(b) Should any sign 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 the sign shall be borne by the sign owner.

(c) All signs and Works of Art together with all their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The Zoning Administrator, or his or her designee, may order the removal or repair of any sign or Work of Art that is not maintained in accordance with the provisions of this Article.

SECTION 27-11 NONCONFORMING SIGNS

27-110. Nonconforming signs are regulated by the provisions of Section 21-10.

SECTION 27-12 DEFINITIONS

27-120

Definitions of terms as used in this Article, unless the context otherwise requires, shall be as follows:

Awning. Any structure attached to the exterior wall or surface of a building that is made of cloth or metal with a metal frame, which projects over private or public property or public right-of-way, and may be designed to be raised to a position flat against the building when not in use.

Billboard. A permanent sign structure that is specifically intended and used to display off premise commercial or non-commercial sign messages that are intended to be manually changed frequently or intermittently.

Candela. The basic unit of measurement of light in SI (metric) units.

Candela Per Square Meter (cd/m2). The SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits.

Canopy. A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one or more sides. A canopy supported by attachment to a building projects over private or public property or public right-of-way.

Channel Letter, Internally Illuminated. A dimensional letter with a back, sides and a translucent front face capable of transmitting light from an internal light source within the letter.

Channel Letter, Open Faced. A dimensional letter with a back and sides but no face at the front of the letter. Open Faced Channel Letters may be non-lit, externally illuminated, or illuminated by a light source contained inside the open channel of the letter itself, such as a neon tube.

Channel Letter, Reverse. A dimensional letter with a face and sides but no back, opposite to an Open Faced Channel Letter. A Reverse Channel Letter has an open channel facing the wall or building to which it is affixed. A Reverse Channel Letter may contain a source of illumination designed to project lighting against the surface behind the letter, commonly referred to as a backlit channel letter; also referenced as a halo or silhouette lighted channel letter. The face of a Reverse Channel Letter does not illuminate.

Cladding. A non-structural covering designed to conceal the actual structural supports of a sign. See also Pole or Pylon Cover.

Establishment. A place of business which has a separate identity, separate entrances, and separate records and books of its business transactions.

Flag. A sheet made of cloth, fabric, plastic or similar material that is typically square, rectangular or triangular in shape, but that may have other shapes. This definition does not include a Banner Sign.

Flag, Corporate. A flag other than a Government Flag that may have copy and/or logos.

Flag, Decorative. A flag other than a Government Flag with no copy or logos.

Flag, Government. A flag of a city, county, state, United States or foreign nation.

Foot Candle. An English unit of measurement of the amount of light falling upon a surface (illuminance). One foot candle is equal to one lumen per square foot and can be measured by means of an illuminance meter.

Front Footage. The linear measurement of the street frontage of a lot or tract along which a sign is located and to which a sign faces.

Illuminance. The amount of light falling upon a real or imaginary surface, commonly called “light level” or “illumination”. Measured in foot candles (lumens/square foot) in the English system and lux (lumens/square meter) in the SI (metric) system.

Marquee. A roof-like structure of a permanent nature, which projects from the wall of a building, and may overhang a public right-of-way.

Nit. A photometric unit of measurement referring to luminance. One (1) Nit is equal to one (1) cd/m².

Noncombustible Material. Material that has been tested in accordance with ASTM E 136, “Standard Test Method for the Behavior of Materials in a Vertical Tube Furnace at 750°C”, and that complies with ASTM E 136.

Nonconforming Sign. A sign that was legally installed by permit in conformance with all City of Ottawa, Kansas sign regulations and ordinances in effect at the time of installation, but which no longer complies with current laws and ordinances relative to the sign.

Pole Cover or Pylon Cover. An enclosure designed to conceal poles and/or other structural supports of a sign. See also Cladding.

Public Property. Any land owned by the city, county, state or federal government.

Right-of-way. The area on, below or above the present and future city streets, alleys, bridges, bikeways, parkways and sidewalks that is owned or controlled by the city, county, state or federal government.

Sign. Any name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building or other outdoor surface or support structure which directs attention to or is designed or intended to direct attention to the Sign Face or to an object, product, place, building, structure, activity, person, institution, organization or business, including all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include a Work of Art as defined in this Article.

Sign Cabinet. A structural frame that encloses one or more translucent Sign Face panels, one or more transparent exposed neon channel letters, or one or more opaque, routed push-through faces that are mounted within the structural frame, and which may contain lighting fixtures to illuminate the Sign Face panels from behind.

Sign Copy. The letters, numerals, figures, symbols, Logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

Sign Face. The surface upon, against or through which the Sign Copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the Sign Copy is displayed by a distinct delineation, such as a reveal or border.

Sign Structure. A structure of any kind which is built or constructed and supports or is capable of supporting a sign as defined in this chapter. A Sign Structure shall include the foundation and base, the poles or pylons that support the sign, any structural extensions that support a sign or its Sign Cabinet, any structural framework that supports a Sign Face, or any Sign Cabinet.

Sign, Animated. A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated Signs, which are differentiated from Changeable Message Signs as defined and regulated by this Article, include the following types:

1. Environmentally Activated: Animated Signs or devices motivated by wind, thermal changes, or other natural environmental input. Includes, spinners, pinwheels, Pennant Streamers, Feather Signs, and/or other devices or displays that respond to naturally occurring external motivation.

2. Mechanically Activated: Animated Signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

3. Electrically Activated: Changeable Message Signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of flashing, scrolling or travelling, or through other patterned illusionary movement where illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. For the purposes of this Article, Dissolving Message Signs and Fading Message Signs and transitions as defined in this Article are not considered to be Animated Signs.

Sign, Automated Teller Machine (ATM). A small sign or video screen mounted on top of or in, and usually integrated into the structure of, a machine that automatically provides cash and performs other banking functions on insertion of a special card by the account holder (commonly known as an automated teller machine) that is used to provide instruction or to advertise services offered through an associated financial institution, and is not legible or intended to be legible from the public right-of-way.