ARTICLE VI

SIGN REGULATIONS

 

VI.1 Purpose

The purpose of this Article is to permit such signs that will not, by their reason of size, location, construction, or manner of display endanger the public safety of individuals; confuse, mislead, or obstruct the vision necessary for traffic safety; or otherwise endanger public health, safety, and morals; and to permit and regulate signs in such a manner as to support and complement land use objectives as set forth in this Zoning Ordinance; to engender a harmonious and aesthetically pleasing environment; and that is fair to the business community.

 

VI.2 General Requirements

A. No sign of any type or any part thereof shall be erected, painted, posted, placed, replaced or hung in any zoning district except in compliance with these regulations. A sign permit is required unless expressly covered by Section VI.3 of this Article.

 

B. Each application for a sign permit shall be made in writing upon forms furnished by the Zoning Administrator and shall contain or has attached the following information:

 

A drawing approximately to scale showing the design of the sign, including dimensions, method of attachment or support, source of illumination, and showing the relationship to any building or structure or ground to which it is or is proposed to be installed or affixed.

 

A plot plan approximately to scale indicating the location of the sign relative to property lines, easements, streets, sidewalks, structures, utilities and other signs.

 

C. Sign plans shall be submitted to and approved by the Zoning Administrator prior to a permit being issued. A record of such applications, plans and the action taken thereon shall be kept in the office of the Zoning Administrator.

 

D. Each applicant before being granted a sign permit shall pay to the City of Dodge City a fee for each sign permit. The fee shall be set by the City Commission.

 

E. All signs hereafter erected, altered, relocated or installed shall comply with all applicable provisions of the City of Dodge City Building and Electrical Codes. A separate building and/or electrical permit may be required.

 

F. In addition to the detailed regulations set forth in other provisions of this Article, all signs displayed within the jurisdiction of this Ordinance (including those listed in Section VI.3) shall comply with the following standards:

 

Obstruction to Exits. No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress.

 

Obstruction to Ventilation or Light. No sign shall be erected which interferes with any opening required for ventilation and/or light to a structure.

 

Clearance from Surface and Underground Utilities. Signs and their supporting structures shall maintain clearance and non-interference with all surface and underground utilities. Furthermore, sign placement shall not interfere with natural or improved drainage, or surface or underground water.

 

Obstruction to corner visibility. No sign or sign structure shall impair the visibility of intersecting streets and drives as defined by Section II.4 (Intersection Visibility) of this Ordinance.

 

Setbacks. Unless otherwise specifically regulated herein, signs may be permitted in required yards, but not on or over the public rights-of-way. Awnings, canopies and marquees where permitted, may be constructed over sidewalks to within two feet of the curb line. When over a public right-of-way, such applicant shall hold the City of Dodge City harmless from liability in case of an accident with such overhang, and the City may require the posting of surety for financial liability.

 

VI.3. Special Sign Regulations

The following types of signs are regulated as per the provisions of this Section VI.3. In addition to the requirements of these provisions, such signs shall also comply with all other applicable provisions of this Article. Because these signs may be permitted in several or all of the City zoning districts, because they are temporary in nature, and/or because they provide public service information, these signs need not comply with Section VI.4.

 

Property identification. Two square feet maximum per occupant, up to eight square feet maximum per zoning lot, unlighted, displaying only the name/address of the occupant. (Permit not required)

 

Flags and governmental insignia. Except in connection with commercial promotions. (Permit not required)

 

Legal notices, informational, and directional signs erected by a public agency. (Permit not required)

 

Integral structural features. When cut or set into the building surface, the name, date of erection, and/or address of a structure. (Permit not required)

 

Private traffic signs. Directing traffic/parking on private property, limited to three signs no larger than four square feet each in area per zoning lot. (Permit required)

 

Sign repair and maintenance. For conforming signs, includes the replacement of copy. (Permit not required)

 

Auto service stations. Up to six square feet of signage per service/pump island indicating services offered, and other relevant information. (Permit not required)

 

Drive-up, drive-thru services. Menu boards, price lists, and other displayed information not visible/readable from a public street are not regulated as signs. (Permit not required)

 

Real estate, construction, political campaign signs. One sign per street frontage, unlighted. No larger than eight square feet in agricultural and residential zones (5 feet high), and two square feet per each five linear front feet with a maximum of sixty-four square feet in non-residence zones (15 feet high). Such signs shall be removed within one week following the property closing/construction completion/election. (Permit not required)

 

Public, civic, religious. One on-premises sign per street frontage for public, civic, or religious institutions or events, not to exceed thirty-two square feet in area; up to three off premises directional signs, unlighted, per institution or event, with a maximum sign area of six square feet. (Permit required)

 

Historical plaques. When erected by recognized historical agencies. (Permit not required)

 

Temporary interior signs. Signs painted or displayed on interior windows and interior spaces. (Permit not required)

 

Open House Signs. Up to three unlighted directional signs may be displayed off premises on the days of any advertised open house for sale, each sign shall not exceed four square feet in area. (Permit not required)

 

First Amendment Signs. One sign per zoning lot may be permitted which gives a non-commercial opinion of the property owner or occupant. Such sign shall not be larger than twenty square feet, no more than six feet high, be unlighted in residential zoning districts, and be placed parallel to the lot frontage. (Permit required no fee)

 

Holiday Decorations. In season, not advertising commercial activity (Permit not required).

 

VI.4 Permitted Signs

Only signs as described herein and as may be permitted otherwise in this Article will be allowed. No sign described by this Section shall be erected unless the Zoning Administrator has issued a permit for the same.

 

A. Agricultural and Residential Districts

Permanent identification signs for subdivisions, mobile home parks, and travel trailer campgrounds not exceeding thirty-two square feet in area are permitted. One sign may be erected at each major entrance to the subdivision, mobile home park or travel camp ground; and shall be no closer than ten feet to any property line. No sign shall exceed six feet in height above ground level, and shall be parallel to the street frontage.

 

One permanent identification sign for multi-family residential development may be erected at each major entrance to the property. Such signs shall not exceed thirty-two square feet in area and may be flat mounted against the wall of an apartment building or may be freestanding. If freestanding, such signs shall be set back a minimum of ten feet from the property line and shall not exceed six feet in height above ground level, and be parallel to the street frontage.

 

Signs for home occupations shall be limited to one sign not exceeding four square feet in area. Such signs shall be unlighted and mounted flat against the wall of the principal building.

 

One permanent, freestanding sign for non-residential uses permitted as a matter of right, conditionally, or as non-conformities (other than home occupations) may be erected on the premises, provided such signs do not exceed thirty-two square feet in area. No freestanding sign shall be located closer than ten feet to any property line nor exceed six feet in height above ground level. Such signs shall be parallel to the street frontage.

 

Non-residential uses permitted as-of-right, conditionally, or as non-conformities (other than home occupations) may have a flat-mounted wall sign. No single sign shall exceed thirty-two square feet in area.

 

B. Commercial: Downtown and Commercial Office

 

With the C-1 Commercial Downtown and the C-O Commercial Office Districts as shown on the Zoning Map, only the following types of signs shall be permitted:

 

1. One permanent, freestanding on-premises sign is permitted for each zoning lot. The area of the sign shall not exceed one square foot for each one foot of lot width, provided no such sign shall exceed one hundred square feet. Any such sign shall not exceed thirty-five feet in height

 

2. Flat-mounted wall on-premises signs are permitted for each separate business establishment, provided the total allowable sign area for all such signs shall not exceed the larger of 32 square feet or one and one-half square feet for each linear foot of building wall facing a non-residential public street or common drive (such as in a unified office center).

 

3. Awnings or canopies with fabric material covering may be installed over the public rights-of-way within two feet of the curb line. The structure shall maintain eight-foot vertical clearance from the sidewalk. Unlighted signage no greater than one-half square foot per lineal foot of awning area may be permitted, identifying the name/logo of the business only.

 

4. Theater marquees, canopies integral with historic structures, and awnings/canopies erected under governmental authority may be within the public rights-of-way. See VI.2.F.5 above.

 

5. One identification sign per business may be suspended from or attached to the underside of a canopy or marquee provided such sign does not exceed six square feet in area, and shall maintain a clear distance of at least eight feet between the sidewalk and the bottom of the sign.

 

C. Commercial/Highway

 

Within the C-2 Commercial/Highway districts as shown on the Zoning Map, only the following types of signs shall be permitted:

 

1. One permanent, freestanding on-premises sign is permitted for each zoning lot. The area of the sign shall not exceed two square feet for each one linear foot of street frontage, or a total of two hundred square feet in area, whichever is less. Any such freestanding sign shall not exceed thirty-five feet in height.

 

2. Unified shopping centers and other zoning lots with more than two hundred feet of street frontage may have one additional on-premises freestanding sign for each additional two hundred feet of street frontage or portion thereof. The ratio stated in VI.4.C.l shall apply to such additional signage, as if the additional frontage was a separate lot.

 

3. Permanent flat-mounted on-premises wall signs are permitted for each separate business establishment, provided the total allowable sign area for all such signs shall not exceed the larger of 48 square feet or three square feet for each linear foot of building wall facing a non-residential public street or common drive (such as a unified shopping center).

 

4. One on-premises sign projecting from a building facade per street frontage is permitted for each business establishment in the absence of permanent flat-mounted wall signs. Such sign shall not project more than ten feet from the building facade, and shall not exceed thirty-two square feet in area. Projecting signs shall not extend above the top of the building facade; shall maintain a clear distance of at least ten feet above the sidewalk; and shall be totally on/over private property.

 

5. One identification sign per business establishment may be suspended from or attached to the underside of a canopy or marquee (not over a public right-of-way), provided such sign does not exceed six square feet in area and maintains a clear distance of at least eight feet between the sidewalk and the bottom of the sign.

 

D. Industrial Districts

 

Within the I-1 and I-2 Industrial districts as shown on the Zoning Map, only the following types of signs shall be permitted.

 

One permanent, freestanding on premises sign is permitted for each zoning lot. The area of the sign shall not exceed two square feet for each linear foot of lot width, or a total of two hundred square feet whichever is less. Any such freestanding sign shall not exceed thirty-five feet in height.

 

Unified industrial parks and other zoning lots with more than two hundred feet of street frontage may have one additional on-premises freestanding sign for each additional two hundred feet of street frontage or portion thereof. The ratio stated in VI.4.D.l shall apply to such additional signage, as if the additional frontage was a separate lot.

 

One industrial park identification sign is permitted on each park frontage, not to exceed two hundred square feet in area or thirty-five feet in height.

 

Permanent flat-mounted on-premises wall signs are permitted for each separate business, provided the total allowable sign area for all such signs shall not exceed the larger of 48 square feet or three square feet for each linear foot of building wall facing a non-residential public street or common drive (such as in a unified industrial park).

 

One on-premises sign projecting from a building facade per street frontage is permitted for each business establishment—in the absence of permanent flat-mounted wall signs. Such sign shall not project more than ten feet from the building, and shall not exceed thirty-two square feet in area. Projecting signs shall not extend above the top of the building facade; shall maintain a clear distance of at least ten feet above the sidewalk; and shall be totally on/over private property.

 

One identification sign per business establishment may be suspended from or attached to the underside of a canopy or marquee (not over public right-of-way), provided such sign does not exceed six square a feet in area and maintains a clear distance of at least eight feet between the sidewalk and the bottom of the sign.

 

Outdoor Advertising

 

Within the I-2 Heavy Industrial Districts as shown on the zoning map, one outdoor advertising sign structure is permitted on each zoning lot. Such structure shall meet all building setback and yard requirements of the zoning district, or at least ten feet back from all property lines (whichever is greater). In addition, such signage shall be no closer than seventy-five feet to a residential zone. Three hundred feet shall separate one structure from another (on the same side of a street or around a corner). On a zoning lot with more than three hundred feet of street frontage, one outdoor advertising structure is permitted for each additional three hundred feet of street frontage (or portion thereof). Outdoor advertising signs shall not exceed three hundred square feet in area per facing, with no more than one facing per side, and no more than thirty-five feet in height.

 

VI.5 Illumination

Where illuminated signs are permitted, they shall conform to the following requirements:

 

All signs illuminated under the provisions of this section shall be constructed/installed to meet the requirements of the National, State, and local Electrical Codes.

 

Signs that contain, include or are lighted by any flashing, intermittent or moving lights are prohibited. Theater marquees and electronic changeable copy message boards are permitted.

 

Self-illuminated signs shall be limited to those lighted internally with glass or plastic faces bearing the advertisement; provided, however, that exposed neon tubing and exposed incandescent or other bulbs not creating glare distracting to motorists or nearby residential areas shall be permitted.

 

Flood and display lighting shall also be shielded so as to prevent direct view of the light source to a residence or residential district and/or vehicles approaching on a public right-of-way from any direction.

 

VI.6 Prohibited Signs

 

Unless otherwise permitted, the following signs are prohibited:

 

Signs advertising an activity, business, product or service no longer conducted on the premises upon which the sign is located.

 

Signs which, because of their location, nature, color, shape, or message would tend to be confused with, or obstruct the view of, traffic and emergency signals or signs.

 

Signs which display copy of an immoral or indecent nature. The Board of Zoning Appeals shall resolve any questions pertaining to this provision, applying local community standards.

 

Roof signs, projecting above a roof or parapet.

 

Signs attached to trees, utility poles, fences, and/or traffic signals.

 

Signs installed within a public right-of-way.

 

VI.7 Nonconforming Signs

 

All nonconforming signs in all zoning districts shall comply with the following:

 

No nonconforming sign shall have any changes made in the message displayed on the sign unless the sign is specifically designed for periodic change of message.

 

No nonconforming sign shall be structurally altered so as to change the shape, size, type or design of the sign, nor shall any nonconforming sign be relocated, unless such move shall create a conforming situation.

 

No nonconforming sign or sign structure shall be allowed to remain after the activity, business, or use to which it relates has been discontinued.

 

VI.8 Portable Signs, Mobile Signs, Temporary Banners

 

Portable signs, mobile signs, temporary signs, and banners are all regulated under this section. For convenience they are all described herein as portable signage. Portable signage may be permitted for short periods of time in order to advertise special events. Such portable signage shall comply with the following:

 

Portable signage shall be limited to one sign, thirty-six square feet in area, per zoning lot. Lot widths greater than one hundred feet may have additional signage as if each one hundred foot increment (or portion thereof) were a separate zoning lot.

 

Portable signage may be displayed on a non-residential zoning lot (or residential zoning lot with legitimate non-residential special exception or nonconforming use) for no longer than sixty days, and for no more than twelve occasions within any twelve month period (or any combination of signs or dates, the total time frame shall not exceed sixty days and twelve occasions within any twelve month period).

 

Cube shaped portable signage (limited to 40"w x 40"d x 54"h and two per zoning lot) may be displayed on commercial/industrial zoned property in addition to any other permitted signage. They shall be installed off city rights-or-way, easements, vehicular parking and maneuvering areas, and not within sight vision triangles.

 

Signage with fabric, plastic, or similar semi-durable materials (not paper or cardboard) installed within permanent framed areas on exterior building walls shall be considered wall signage and not portable signage.

 

Portable signage, unlighted, may be permitted on a residential zoning lot for a non-commercial message for no longer than seventy-two hours within any twelve month period.

 

Portable signage shall comply with all other applicable provisions of this Article.

 

With City Commission approval, recognized events such as festivals sponsored by business associations or the City may place portable signage in or above the public rights-of-way.

 

Portable signage shall have no vested nonconforming rights.

 

VI.9 Murals, Wall Paintings

 

Murals or wall paintings may be permitted in addition to regulated signs. They must be artistic in nature and not display any commercial message. To be permitted they must be approved by an appropriate neighborhood, business or historical organization, or the planning commission if no other such organization has jurisdiction.

 

VI.10 Sign Maintenance.

 

All signage within the City of Dodge City (including permitted and non-conforming signs) shall be maintained in good repair. Failure to adequately maintain signs shall be a violation of this Ordinance. In addition to other remedies available, the city shall have the right to repair or remove violating signs and sign structures.