Lenexa City Zoning Code

ARTICLE 4

1-E SIGNS

Section 4-1-E-1 SCOPE AND APPLICABILITY.

The regulations herein set forth shall apply to and govern signs or attention-attracting devices in all zoning districts. No sign or attention-attracting device shall be created or maintained unless it is in compliance with the regulations herein.

Any sign or attention-attracting device already established on the effective date hereof, and which sign or attention-attracting device is rendered nonconforming by the provisions herein, and any sign or attention-attracting device which, as a result of subsequent amendments hereto, shall be rendered nonconforming, shall be subject to the regulations of Article 4-1-J of this Chapter (Nonconforming Situations).

Effective on: 1/1/1901

Section 4-1-E-2 PURPOSE.

The purposes of these sign and attention-attracting device regulations are as follows:

Regulation and control of all advertising and identification signs or attention-attracting devices placed for exterior observation in order to preserve, protect and promote the public health, safety and general welfare of the residents of the City.
Prevent an adverse community appearance from the unrestricted use of signs or attention-attracting devices by providing a flexible, creative, fair, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for Lenexa, enhancing it as a place to live and do business.
Recognition of the business community's need for adequate business identification and advertising communication by improving the readability and, therefore, the effectiveness of signs or attention-attracting devices, by preventing their improper placement, over concentration, excessive height, area and bulk and by limiting such items as illumination or animation.
Ensuring that the public is not endangered or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of signs and attention-attracting devices, including the promotion of traffic safety for motorists, cyclists and pedestrians and minimizing damage and injury by reducing visual distractions, protecting sight lines at intersections, regulating sign size, weight and height and limiting obstructions along the public right-of-way, in public parks or other public property, or on utility poles.
Regulating the size, location and content of commercial signage in order to maximize its effectiveness in directing the public to specific buildings and facilities, while meeting the aesthetic goals of the community.
Protection of property values by enhancement of the harmony between residential, commercial and industrial uses by reducing visual clutter and preventing blighting influences.
Coordination of the type, placement and physical dimensions of signs within the different land use zoning districts.
Acknowledgment of the differing design concerns and needs for signage in certain specialized areas such as freeway frontages, tourist areas and master planned developments.
Balancing the protections of free speech, compliance with K.S.A. 25-2711 and public safety in order to provide a policy consistent with the Constitution of the United States, Kansas law and the court rulings defining those protections.

Effective on: 1/1/1901

Section 4-1-E-3 PROHIBITED SIGNS AND ATTENTION-ATTRACTING DEVICES.

Any sign or attention-attracting device not specifically permitted is prohibited; provided however, that any permitted sign is allowed to contain non-commercial speech in lieu of any other speech. Unless otherwise permitted by this Article, prohibited signs and attention-attracting devices include, but are not limited to:

Snipe Signs: Signs or attention-attracting devices attached to trees, shrubs, telephone poles, utility poles, benches, street lights, except warning signs issued by public utility companies, government signs, and signs or attention-attracting devices approved through the provisions of Section 4-1-B-25 of this Chapter (Special Events);
Portable Signs: Portable signs or attention-attracting devices;
Signs Posing Traffic Or Pedestrian Hazards: Any sign which constitutes a traffic hazard or is a detriment to traffic safety by virtue of its size, location, movement, content, coloring or method of illumination. Specifically prohibited are signs or attention-attracting devices using:
1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color, except for time/temperature, date, stock market or similar brief informational displays.
2. Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists or pedestrians.
3. Unshielded lights, except for time/temperature devices using a light source with a light output of no more than 250 lumens.
4. Words and traffic control symbols so as to interfere with, mislead, confuse traffic, such as "stop", "look", "caution", "slow".
Abandoned Signs: Business signs, attention-attracting devices, or portions thereof, that advertise any activity, business, product or service no longer conducted or available on the premises where the sign is located. Abandoned signs shall be removed within 3 months after meeting the above definition, and any damage to walls, landscaping or other areas shall be repaired to their original condition.
Moving Signs: Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, or with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.
Roof Signs/Projecting Signs: Roof-mounted signs or attention-attracting devices or projecting signs.
Off-Site Signs: Any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where the sign is erected or to which it is affixed.
Changeable Copy Signs: No changeable copy signs are permitted with the exception of time and temperature information when incorporated into allowable sign area.
Fluorescent Colors: Signs using in whole or in part any fluorescent color.
Painted Signs: Signs or attention-attracting devices painted directly onto facades or walls.
Attention-Attracting Devices: Attention-attracting devices in general, unless otherwise approved under this Article or through the special events requirements of Section 4-1-B-25 of this Chapter. Strings of lights may be used for decorative purposes during the holiday season (from Thanksgiving to January 6), when not exceeding a light output of 50 Lumens.
Illegal Signs: Any sign otherwise prohibited by law.
Use of Vehicular Signs:
1. Purpose: The intent of this provision is to prohibit a vehicle with a vehicular sign from being parked, placed, or stored in an area not owned or controlled by the commercial entity represented by that particular vehicular sign, to promote fairness, general welfare, and competitive equality for all commercial entities.
2. Vehicular Sign: A "vehicular sign" includes any name, insignia, logo, or sign displayed, mounted, painted or otherwise placed on a trailer, truck, automobile, or other vehicle that is parked, placed, or stored so that the vehicular sign is visible from a public street or right-of-way, or that is parked, placed, or stored for the purpose of displaying advertising signage.
3. Prohibited Uses of Vehicular Signs:
  1. The use of a vehicular sign in non-residential districts is regulated in accordance with this subsection. All parking, placement, or storage of a vehicle with a vehicular sign in any non-residential district shall have an appropriate nexus with the commercial entity represented by the vehicular sign; thus, the parking, placement, or storage of the subject vehicle on the property of any entity (public or private) other than the one represented by that vehicular sign for the purpose of advertising or business promotion is prohibited. This prohibition shall not apply to vehicles, with vehicular signs, that are actively providing a service to any entity located on the property on which the vehicular sign is parked.
  2. The parking, placement, or storage of a vehicle with a vehicular sign on the property of any entity (public or private) represented by that vehicular sign shall comply with this subsection and shall be confined to the specified portion of that entity's property, as follows:
    1. That portion of the property owned or leased by the entity represented by the vehicular sign and in the designated loading area of that entity, except while on other properties and being actively loaded or unloaded, used for its designated business purpose (not including advertising or business promotion), or parked in designated truck parking or loading areas of non-residential districts that have been screened or are not visible from the public right-of-way.
    2. If the business has no designated loading area, or it is demonstrated to the satisfaction of the Community Development Director that the entity's loading area is not in a feasible location for parking, placement, or storage of the subject vehicle for periods of non-use in excess of two (2) hours, the subject vehicle shall be parked, placed, or stored in one of the designated parking spaces owned or leased by the entity represented by the vehicular sign; provided the vehicle fits within a standard parking space measuring nine feet (9') by nineteen feet (19'), and is as remote as possible from the public streets and from public view.
    3. In the event that the entity demonstrates to the satisfaction of the Community Development Director that the subject vehicle cannot conform to either of the requirements contained in the foregoing subsections, the subject vehicle shall be parked, placed, or stored on the property of the entity represented by the vehicular sign in a location that is as remote as possible from the public streets and from public view.

Effective on: 1/1/1901

Section 4-1-E-4 SIGNS AND DEVICES NOT REQUIRING PERMITS.

Unless otherwise noted, the following types of signs or attention-attracting devices are allowed in any zoning district. These signs and devices are exempt from permit requirements but must be in conformance with all other requirements of this Article:

Government Signs: A sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.
Flags: An individual business or development shall be permitted to display a maximum of 3 flags. No flag shall exceed 40 square feet in area, and no flagpole shall exceed 35 feet in height. All flagpoles shall be ground-mounted and must comply with the setback provisions established in Section 4-1-E-6 of this Article.
Directional/Instructional Signs: Signs displayed to convey directions to entranceways, freight/service doors, rest room and telephone locations or other operational facilities, or to convey parking and traffic restrictions or public safety messages. Wall signs of this type shall not exceed 3 square feet in area and may be mounted to buildings, fences, walls or, in the case of parking restrictions, may be painted onto curbs and paved areas.
One free-standing directional/instructional sign of up to 4 square feet in area and 4 feet in height is permitted at each driveway, and additional signs of this size may be placed at internal locations as needed based on their function.
Memorial Signs: Memorial signs or tablets of 6 square feet or less that are non-commercial in nature, when cut into any masonry or rock surface or constructed of bronze or similar non-combustible material that is mounted on the building or adjacent to its entrance.
Art Works: Works of fine art, when not displayed in conjunction with a commercial enterprise (nor display a commercial message), which enterprise may benefit direct commercial gain from such display.
Temporary Signs: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, intended to be displayed for a short period of time. Except as otherwise provided in this code, temporary signs do not require sign permits. Temporary signs that do not require a permit, shall be permitted on any property of the same size as allowed for real estate signs with the consent of the property owner. Except as otherwise provided in this section, temporary signs may be posted for ninety (90) days, at which time they shall be removed or replaced.
Window Signs: Non-illuminated window signs shall be permitted not to exceed 20 percent of the overall window area per facade and utilizing no greater than 50 percent of an individual window section on which the sign is placed. In lieu of non-illuminated signs, illuminated signs are permitted in area not to exceed 50 percent of the area allowed for non-illuminated signs.
Real Estate Signs: "For Sale", "For Lease", and permanent leasing signs as permitted by this Article.
Construction Site Signs: Construction site signs as permitted in this Article.
Menu-Boards: Each drive-through restaurant shall be permitted 1 free-standing or wall-mounted menu board per drive-through window, which shall not exceed 32 square feet in area or 8 feet in height and shall be located adjacent to and oriented toward the drive-through lane. An additional menu board may be considered if queuing lane length, location and configuration justifies placement.
Special Event Signs: Signs and attention-attracting devices, as approved through special event provisions.
Under-Canopy/Awning Signs: In the case of shopping centers or retail complexes of 5 or more tenants, 1 under-canopy/awning sign shall be permitted for each business with a canopy or awning. Under-canopy/awning signs shall not exceed 4 square feet in area, shall be installed at a right angle to the front building wall and shall be a minimum of 7 feet above the sidewalk.
Incidental Identification Signs: Identification signs of 2 square feet or less mounted on or adjacent to an individual tenant entrance.
Signs On Machinery And Equipment: Signs customarily incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs affixed to vending machines, newspaper racks, telephone booths and gasoline pumps.
Signs On Vehicles: Signs on a truck, bus, automobile, boat, trailer or other vehicle (i.e., Vehicular Signs) that are not prohibited by this Article including Section 4-1-E-3-M, "Use of Vehicular Signs."
Home Occupation Signs: One non-illuminated facade sign not more than 1 square foot in area, mounted on or adjacent to an entrance to the building, indicating a permitted home occupation to those at or approaching the door. The sign color shall be compatible with the house color.

Effective on: 1/1/1901

Section 4-1-E-5 HEIGHT AND SIZE OF SIGNS.

Measurement Of Sign Area: The area of a sign shall be measured as the area of any cabinet, panel or any visually or architecturally distinct area enclosing the copy, logo and any other graphic component of the sign. Where individual letters or graphics are used, and no enclosing area is present, the sign area shall be considered as the rectangle, box, circle or other regular geometric shape, or combinations thereof, enclosing the letters, logo or other graphic elements.

Overall Size Of Sign Monument: The overall size of the sign monument shall not exceed 3 times the sign area for individual business signs, 2 times the sign area for shopping center and business park signs, and 6 times the sign area for freeway frontage signs. The monument shall be constructed in the style of, and using the materials and finished colors of the primary building.

Three-Dimensional Sign Monuments: The City encourages 3-dimensional monuments, particularly at street corners and other high visibility locations. Equilateral triangular signs may have 3 panels of the allowed size, and cubic signs may have 3 or 4 panels of 75 percent of the allowed size.

Use Of Walls For Monument Signs: A sign may be incorporated into a retaining wall or masonry wall designed to screen parking, loading or service areas. When signs are incorporated into purely decorative walls, the entire wall shall meet the landscape requirements for a sign monument.

V-Shaped Signs: The 2 permitted faces of a standard double faced sign may be utilized in a V-shaped configuration when the 2 faces or their supporting structures are connected at the point of the V. The angle between the 2 faces shall not exceed 60 degrees.

Dual Single-Faced Signs: When dual single-faced signs are permitted each sign may be of the permitted size, and shall be located on either side of and oriented toward the entrance to the identified property.

Sign Height: The distance from the finished grade at the base of the sign to the top of the highest attached component of the sign. Finished grade elevation shall not include any filling or berming over 2 feet above the adjacent curb line that was solely placed to provide for the sign location.

Height Of Monument Sign: The height to the top of the sign area shall be as specified for each individual type of sign. The monument structure may exceed the specified height by up to 1 foot.

Effective on: 1/1/1901

Section 4-1-E-6 SETBACK AND LOCATION OF SIGNS.

Public Property: Unless otherwise permitted in this Article, no sign shall be placed within a public park or other public property except by the governmental entity owning such property.

Public Right-Of-Way: Except as otherwise provided, no signs except government signs shall be located within the public right-of-way.

Temporary Sign in the Public Right-Of-Way: Temporary signs shall be allowed in the public right-of-way for forty-five (45) days immediately preceding any primary, general or special elections as defined by the Johnson County Election Office, and shall be removed two (2) days following said election. The person, party or parties responsible for the erection or distribution of any such signs shall be jointly and individually liable for their removal. All temporary signs placed in the public right-of-way during this time period shall be subject to the following size and setback distance regulations:

Signs shall be set back six (6) feet from the back of curb but in no event, in any public right-of-way that contains a sidewalk or trail, shall a temporary sign be placed between back curb and the sidewalk or trail.
Signs shall not be placed within the required sight-distance setback triangle set forth in Sections 4-1-B-26(B) and 4-2-C-2(D).
Signs shall not exceed six (6) square feet in face area and four (4) feet in height.
Signs shall not exceed five (5) pounds in weight including both sign and mounting system.

Approval of Permanent Signs in Easements: Verification of approval by easement owner may be requested by staff for permanent signs to be located within easements.

Setback And Location Of Free-Standing Signs: Except as provided in Section 4-1-E-6-C, temporary and directional signs shall be set back 5 feet from the right-of-way line. All other signs shall be set back a minimum of 10 feet from the right-of-way line. The setback may be reduced to 5 feet on wide rights-of-way where the distance from the edge of right-of-way to the outside lane of traffic at ultimate width exceeds 15 feet. Any proposed free-standing signs shall be located on the lot frontage used to comply with the provisions of this Article. Setback from other property lines must provide adequate area for required landscape.

Signs Near Intersections: All signs at street intersections or driveway entrances to a public or private street shall be properly sited to ensure a permanently safe sight distance. No sign, except government signs, shall be placed within the required sight-distance setback triangle set forth in Sections 4-1-B-26(B) and 4-2-C-2(D).

Facade Signs: For the size, location and placement of facade signs, "facade" shall include the entire building elevation parallel to the wall being considered for the facade sign, which is contiguous with the tenant's gross leasable floor area. The entire tenant facade area shall be used in determining the size of any facade sign even though the sign cannot be placed in the roof portion of the facade. To address unique architectural circumstances, signs may be located on an exterior wall area that is not contiguous to the lease space for a specific business to be identified. The business must, however, maintain lease area near to the proposed sign location and adjacent to the same exterior wall on which the sign is to be placed. Plans must be submitted, in the context of a sign scheme, to delineate sign area for each tenant sharing the same exterior wall on which the sign is placed. Plans must reflect adequate sign allowances for all tenants and a cumulative total of the sign area that does not exceed that which is allowable for the building elevation that will accommodate such signs. The sign scheme must present an aesthetic quality that is consistent with the intent of this Article.

In situations where a business in a single occupant structure, or an individual business in a multi-tenant structure, request sign area on a facade that consists of two or more parallel exterior walls off-set from one-another in depth, calculation of allowable sign area will be conducted as follows: If the off-set of the walls exceeds 20 percent of the width of the section of wall on which the sign is to be placed, only that section of wall will be considered in calculating sign area, and letter and logo height.

In calculating allowable sign area on a freestanding canopy facade (i.e., fuel pump island canopies and canopies for drive through facilities), the surface area of the facade on which the sign is to be placed, including but not limited to the support posts and face of the canopy shall be considered. If the canopy is attached to a structure or a parent structure exists under or behind the canopy, the facade area of the primary structure may be considered in determining the sign area to be utilized on the canopy. Under no circumstances, however, shall the sign area exceed 10 percent of the canopy facade and the sign on the canopy will be allowed only in lieu of a sign on the same side of the building.

Intersecting walls of a building with an interior angle of 135 to 150 degrees may be utilized to accommodate separate facade signs. If each wall is to be considered for a facade sign, only the wall on which a sign is to be placed may be considered in calculating allowable area, and letter and logo height. If the applicant wishes to utilize a sign on only one of the walls, allowable sign area may be determined by using the building dimensions of the two walls as viewed perpendicular to the wall on which the sign will be placed. Under no circumstances, however, shall the sign area exceed 10 percent of the individual wall area on which the sign is located.

Signs On Awnings: A business identification facade sign may be painted or placed upon an awning as permitted in accordance with respective zoning regulations, and if specified in the approved sign scheme for the building. The entire internally illuminated area of an awning will be calculated as sign area and will be subject to code restrictions regulating such area.

Effective on: 1/1/1901

Section 4-1-E-7 SIGN DESIGN, CONSTRUCTION AND MAINTENANCE.

Overall Design Consistency On Individual Buildings: Signs on individual buildings shall be coordinated with the architecture of the building and with each other so as to present a consistent, planned image.

Monument Sign Design And Materials: Monument signs shall incorporate a supporting base that is a minimum of 50 percent of the width of the monument at its widest point. Monument sign structures shall be constructed utilizing the materials and colors of the primary structure on the site. Actual sign letters and panels shall be of colors and materials as specified in the approved sign scheme.

Alternative Free-Standing Sign Design: As an alternative to the monument style, free-standing signs may utilize other types of supporting structures as long as they meet the following criteria:

Landscaping is provided as required for monument signs, based on the area of the sign panel and the area between the bottom of the sign and the ground below it.
The sign and its supports shall be of a unified design, either as part of an engineered sign system or as an extension of the building architecture.
All sides, edges and other surfaces shall present a finished appearance, including the capping or boxing of open edges and consistent painting or coating of all surfaces.

Letters On Facade Signs: All permanent facade signs shall be subject to a maximum letter and logo height. The letter and logo height restriction relates (as a percentage) to the average height of the building face on which the sign is placed. The average height of letters per word of a facade sign may not exceed 1/8 (12.5 percent) of the facade's average height, and the height of any logo on a facade sign may not exceed 1/4 (25 percent) of the facade's average height. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

HBD District: All signs in the HBD district shall conform with both the provisions of this Article and the applicable sections of the adopted Lenexa Downtown Design Guidelines. Where there is a conflict between this Article and the Design Guidelines, the latter shall control.

Illumination Limited: All illuminated signs shall conform with the glare (intensity) requirements set forth in this Chapter. Bare neon tube lighting may be utilized in an open channel design to be included in the calculations for allowable sign area.

Construction: All permanent signs shall comply with all appropriate design and construction specifications set forth in the latest edition of the IBC Uniform Sign Code as adopted by reference by the City. In addition, all permanent illuminated facade signs shall comply with the requirements of the latest edition of the National Electrical Code as adopted by reference by the City. Signs shall be constructed and installed so that electrical supply, general wiring, support brackets and fasteners are not visible. In the event of any conflict between the provisions of the IBC Uniform Sign Code or National Electric Code and this Code, this Code shall prevail.

Addresses: Unless otherwise approved by the Community Development Director, address numbers with a minimum height of 3 inches shall be incorporated into all monument signs identifying a single business or group of businesses in one address range.

Maintenance: All signs shall be properly maintained and kept in good condition to include:

A copy shall be maintained so as to be legible and complete.
The sign structure shall be maintained in a vertical position unless originally permitted otherwise, and shall be maintained in safe condition at all times.
All parts and surfaces shall be cleaned, painted or replaced as necessary to maintain the original permitted appearance.
Electrical systems shall be in a safe condition at all times.

Effective on: 1/1/1901

Section 4-1-E-8 SIGN PERMITS.

Permit Required: It shall be unlawful for any person to erect, construct, alter or relocate any sign within the City without having first obtained a permit therefor, except as provided for in this Article.

Work To Be Performed By Owner, Lessee Or Licensed Contractor: The work necessary to construct, install, erect, illuminate, paint or modify signage within the City shall conform with the following:

Work which may be performed by a property owner or lessee:
1. Painting the face of any free-standing or wall sign;
2. Installation or attachment of any individual letters, which does not require electrical service or structural modification of the surface or wall to which such letters are being attached; or
3. Construction and erection of any temporary free-standing sign 8 feet or less in height, which is non-illuminated.
Work which shall be performed by a sign contractor, electrical contractor or other contractor licensed with the City to perform such work:
1. Construction, installation, erection or electrical connection of any sign which is internally illuminated;
2. Construction, installation or erection of any permanent free-standing sign requiring wind load calculations;
3. Construction, installation or erection of any sign which is located above a pedestrian walkway or on the front fascia of a canopy over a pedestrian walkway;
4. Construction, installation or erection of any sign not described in subsection B1 above.

Application For Permit: All applications for permits under this Section shall be filed by either a contractor licensed to erect signs in the City, or the owner of the property where the sign is to be located or his authorized agent. Such application shall include the following:

Name, address and telephone number of owner(s) of property;
Name, address, telephone number and license number of contractor erecting the sign;
The street address or legal description of the property upon which the proposed sign is to be located;
The height, size, shape, style, colors, materials and location of the proposed sign. Sign structures 6 feet or greater in height require structural plans certified by a licensed engineer;
Written authorization of the owner, his lessee or agent, to erect the proposed sign;
A plan, sketch, blueprint or similar presentation drawn to scale, showing all pertinent structural and electrical details, wind pressure requirements and materials in accordance with the City's adopted version of the Uniform Sign Code; and
A statement verifying the height, size, shape and location of existing signage on the premises.

Issuance Of Permit: The procedure for issuing a sign permit shall be as follows:

Upon receipt of an application for a sign permit, the Department shall review the plans, specification and other data relating to such sign, and, if considered necessary, inspect the premises upon which the sign is proposed to be erected.
No new sign permit shall be issued for a free-standing sign or facade identification sign on property upon which any nonconforming sign is located, until such nonconformity is corrected. On multi-tenant sites, this subsection shall apply only to the tenant's signage.
If the proposed sign is in compliance with this Chapter and all other applicable laws and codes of the City, a sign permit shall be issued upon receipt of the permit fee.

Permit Fees: Permit fees under this Code shall be adopted by the City Council.

Exceptions: Exemption from the requirement to obtain a sign permit shall be permitted under the following circumstances:

The erection, construction, installation of any sign described in Section 4-1-E-4 of this Article.
The repair, routine maintenance or repainting of any existing sign which is deemed conforming or allowed to continue as nonconforming under provisions of this Chapter.

Expiration Of Permit: A sign permit shall expire and become invalid in accordance with the rules set forth in the Uniform Building Code for all permits in general. There shall be no refunds of fees for unused permits.

Effective on: 1/1/1901

Section 4-1-E-9 SIGN SCHEMES.

Sign Schemes Required: Every multi-tenant building or coordinated development, such as office parks, shopping centers and business parks, shall have a sign scheme approved as part of its final development plan approval. Existing properties shall have sign schemes approved prior to the issuance of new sign permits. No permit for a new sign on such properties shall be issued except when in conformance to the approved sign scheme.

Purpose, Format And Criteria For Review: The general purpose of the sign scheme is to ensure proper business identification while enhancing the quality, harmony and consistency of a project by aesthetically integrating signage into the architecture of each building as well as the development as a whole. The sign scheme must comply with the basic requirements for signs established for the project's uses by this Article. The sign scheme shall address the following topics and demonstrate the following characteristics:

Identification Signs: Designation of the size and location of identification signage proposed for individual tenants. Specifications should anticipate letter style, minimum and maximum letter height, the use of logos, and need for use of double line copy. Sign locations should anticipate impact of pad buildings and landscaping, as well as the provision of adequate spacing between facade signs for effective readability.
Appearance: Signs shall be durable, attractive and be designed to complement and reinforce the design themes of the project buildings. Free-standing signage should relate to the building, through the use of similar materials and colors. Facade signage should relate to the design of the building, utilize compatible but contrasting colors, and incorporate high quality materials and illumination.
Consistency: Sign design within a development should be generally consistent between tenants and buildings so that the design continuity of the project is maintained. However, it is not necessary for every sign within a particular development to be identical. Differences between major and minor tenants may be appropriate as well as differences between signs on peripheral sites versus signs on a main building. A sign scheme shall generally include at least 2 of the following characteristics: uniform letter and background color(s), uniform letter styles or uniform letter height. In general, as the signs become a smaller portion of the facade, or the architecture becomes more textured or ornate, the need for greater uniformity is lessened.
Conversion Of Existing Signs: A sign scheme for an existing development shall include provisions to ensure the ultimate conversion of all existing signs to conform with the approved sign scheme.

Approval Of Sign Schemes: Proposed sign schemes shall be submitted on the forms or in the format prescribed by the Community Development Director.

Preliminary Sign Scheme: A preliminary sign scheme shall be submitted with the application for preliminary plan review for each project requiring sign scheme approval, noting the size and location of all proposed signs. A preliminary sign scheme shall be approved by the Planning Commission in conjunction with their preliminary plan approval.
Final Sign Scheme: A final sign scheme shall be submitted with the application for final plan review for each project requiring sign scheme approval. The sign scheme shall provide schematic drawings depicting the dimensions, color, material, lettering style, provision for logos and illumination of all monument and facade signs. The location of all free-standing signs, along with required landscaping, shall be shown on the plans and all facade signs shall be shown on building elevations. A final sign scheme shall be approved by the Planning Commission in conjunction with their final plan approval.
Existing Development Without An Approved Sign Scheme: A proposed final sign scheme shall be submitted for approval prior to or concurrently with a sign permit application. A final sign scheme for existing development shall be approved by the Community Development Director, or upon the Director's request, by the Planning Commission.

Sign Scheme Modifications: Minor modifications to a sign scheme that are still within the overall concept and intent of the program, may be approved by the Community Development Director, or upon the Director's request, by the Planning Commission. Major modifications to a sign scheme shall be reviewed and approved by the Planning Commission.

Effective on: 1/1/1901

Section 4-1-E-10 PERMITTED MONUMENT SIGNS.

Subdivisions: Each subdivision will be permitted 1 double-faced sign or dual single-faced signs at each public street entrance. Permanent subdivision signs shall be approved by the Planning Commission, preferably at the time of plat approval. In reviewing the size and design quality of proposed signs, the Planning Commission shall consider the size of the subdivision, functional classification of adjoining roadway(s), adjacent land use, compatibility of proposed colors and materials with the primary buildings, landscape and other subdivision signs in the surrounding area and available resources for on-going maintenance. Such signs will also be evaluated in regard to their relationship to signs previously approved under similar circumstance. Signs proposed for existing subdivisions will be reviewed administratively, following the same design considerations as indicated for Planning Commission review, to be approved by the Community Development Director or upon the Director’s request, will be submitted for Planning Commission approval.

Multi-Family Complexes: Each multi-family complex shall be permitted 1 double-faced sign or dual single-faced signs at each public street entry. An additional sign shall be permitted on any arterial or collector road frontage over 300 feet from which there is no direct access.

Each sign shall not exceed 24 square feet for complexes of 16 or fewer units, and 36 square feet for complexes of over 16 units. Sign height shall not exceed 5 feet.
A complex with greater than 400 feet of freeway frontage is permitted one additional monument sign adjacent to that frontage with a maximum sign area of 100 square feet plus 1 square foot for each 8 feet of frontage over 800 feet not to exceed 250 square feet in area. A maximum sign height of 10 feet is permitted for this freeway monument.
An additional monument sign may be utilized to identify the clubhouse or leasing office, of no more than 24 square feet in area and no more than 5 feet in height, located adjacent to the internal road system of the complex.

Public Institutions: Each public institutional building, including schools, houses of worship, and cultural facilities, may have one 36 square foot monument sign. An additional sign on a secondary street frontage may be permitted as allowed for an individual commercial building. Sign height shall not exceed 5 feet. Up to 75 percent of the sign area may consist of a changeable copy panel.

Individual Commercial, Industrial And Office Buildings:

One monument sign may be located on the primary street frontage of a size as listed below. A second sign is allowed on a secondary street frontage based on 75 percent of the allowable size on an arterial street; 50 percent of the allowable size on a collector street; and 25 percent of the allowable size on a local street only when sole access is provided from that local street. Sign height shall not exceed 5 feet.
A minimum of 200 feet of street frontage shall be required for the use of a monument sign. The maximum monument sign area for properties with over 200 feet but less than 300 feet of primary street frontage shall not exceed 24 square feet. The maximum monument sign area for properties with over 300 feet of primary street frontage shall not exceed 36 square feet.
Monument signs for multi-tenant, internal entrance industrial or office buildings shall be allowed two items of identification to be included on the monument sign, the identification of the building and one additional tenant. If the building is identified by address only, two tenants may be included on the monument sign. If the building name is also the name of a tenant, only the building name and one additional tenant may be identified.

Service Stations: Each service station or other retail gasoline outlet may have one 36 square foot monument sign, with up to 65 percent of the sign area dedicated to a fuel price panel, including changeable characters. An additional sign on a secondary street frontage may be permitted as allowed for an individual commercial building. Sign height shall not exceed 5 feet.

Shopping Centers: One monument sign may be located on the primary street frontage of a size and height as listed below, based on the total gross leasable area (GLA) of the shopping center. A second sign is allowed on a secondary street frontage based on 75 percent of the allowable size on an arterial street; 50 percent of the allowable size on a collector street. Within the allowable sign area, separate tenant identification is also permitted as listed below. No more than 50 percent of the allowable sign area may be utilized for tenant identification.

Under 25,000 square feet GLA - 36 square feet of sign area, 8 feet in height, may include identification of two tenants

25,000 - 75,000 square feet GLA - 48 square feet of sign area, 8 feet in height, may include identification of two tenants

75,000 - 150,000 square feet GLA - 60 square feet of sign area, 8 feet in height, may include identification of two tenants

150,000 - 300,000 square feet GLA - 72 square feet of sign area, 10 feet in height, may include identification of three tenants

300,000 square feet GLA or more - 84 square feet of sign area, 12 feet in height, may include identification of four tenants

Business Park Developments: Each business park will be permitted 1 double-faced monument sign or dual single-faced monument signs at each public street entrance. Permanent business park signs shall be approved by the Planning Commission, preferably at time of Preliminary Plan approval. On evaluation of the size and design quality of the proposed signs, the Planning Commission shall consider the size of the business park, functional classification of adjoining roadway(s), adjacent land use, compatibility of proposed colors and materials with primary structures, landscape and other freestanding signs in the surrounding area and available resources for on-going maintenance. Such signs will also be evaluated in regard to their relationship to signs previously approved under similar circumstance. Signs proposed for existing business parks will be reviewed administratively, following the same design considerations as indicated for Planning Commission review, to be approved by the Community Development Director or upon the Director’s request, will be submitted for Planning Commission approval.
Freeway Frontage Monument Signs: Each shopping center, business park or free-standing commercial or office building with 200 lineal feet or more of freeway frontage on Interstate 35, or 400 lineal feet or more of other freeway frontage, shall be permitted one freeway frontage sign as described below:
1. Height: Maximum height shall be 25 feet above the center line height of the nearest through traffic lanes, with a maximum sign height of 35 feet. Where signs are located more than 15 feet above the center line, maximum height shall be 10 feet.
2. Size: The permitted sign area shall not exceed 100 square feet, plus 1 square foot per 8 freeway frontage feet over 800 freeway frontage feet, with a maximum size of 250 square feet.
3. Design: All freeway frontage signs shall be of a monument style as defined in the Code, however creative designs are encouraged, including triangular- or cube-shaped signs and other sculptural or architectural elements.
  
  The overall size of the monument shall not exceed 6 times the permitted sign area. Signs shall be designed to present as vertical a cross section as possible when signs exceed 10 feet in height.
4. Restrictions On The Use Of Freeway Frontage Signs: Frontage road properties that utilize a freeway sign may not utilize another monument sign on the frontage road. Frontage road buildings utilizing freeway signs may not utilize facade signs visible to the freeway at a height over 25 feet.
  
  Nonfrontage road properties that utilize a freeway frontage sign may not utilize facade signage oriented toward the freeway.
  
  Refer to other monument sign provisions of this Article for limitations related to multiple tenant identification.

Limited Use of Right-of-Way: Monument signs authorized under subsections (A), (B), (F), or (G) of this Section may encroach into the public right-of-way only under the following circumstances:
1. Large Right-of-Way: Where the right-of-way space adjacent to a roadway (as measured from the anticipated back of curb of all anticipated future roadway improvements to the right-of-way line) is in excess of fifty (50) feet. Any sign placed in the right-of-way pursuant to this subsectionshall be located so that the sign will not be less than 45 feet from the anticipated back of curb of all anticipated future roadway improvements.
2. Subdivision Sign in Median: Signs may be permitted in the median of a residential street if the following conditions exist.
  1. The island is on a residential street and part of the existing plat of a residential subdivision;
  2. The island is sufficiently wide to accommodate a monument sign as determined by the City of Lenexa Design Criteria and Plan Requirements for Street, Stormwater, and Street Lighting Improvements; and
3. In addition to any requirements imposed under subsections (1) and (2), the following requirements must also be met before any sign will be allowed to be placed in the public right-of-way:
  1. The sign shall not create any sight obstructions or interfere with any existing or planned utilities, or interfere with the normal use of any existing or planned roadway, traffic control, drainage, streetscape or other improvements; and
  2. The owner of the proposed sign shall be required to submit with its application for a sign permit under Section 4-1-E-8, an agreement to be signed by the Community Development Director in a form approved by the City Attorney containing the following terms:
    1. The owner shall be responsible to maintain the sign and any associated landscaping;
    2. The owner shall release, indemnify and hold harmless the City, its employees, agents, successors and assigns from any and all liability, claims, suits or demands, whatsoever, which they or others may now have or whichmay hereafter have arising out of the placement of the sign in, on and/or over the public rights-of-way, including but not limited to, damage from public or private vehicles, damage caused by City maintenance work or required relocation as a result of work in the public rights-of-way, easements or other public property,and damage to any utilities located within the public rights-of-way, easements or other public property as a result of installation, repair and/or maintenance of the aforedescribed sign; and
    3. The owner is placing the sign at the agreed upon location at its own risk and subject to the City’s right to use the right-of-way for any lawful purpose. If at any time the City, in its sole discretion, determines that the area encumbered by the sign, or associated landscaping,is needed for any other use, including but not limited to expansion of the road, placement of a sidewalk or trail, or relocation of utilities, the owner shall remove the sign within 90 days following receipt of written notice from City of the need to remove the sign. Such removal shall be at the owner’s expense with no compensation from the city. If the owner fails to timely comply with the City’s removal notice, the City may remove such sign at owner’s cost. If owner fails to pay the cost of such removal within 30 days of receiving an invoice from City detailing said expenses, the City may pursue any and all measures to collect such debt as allowed by law.
  3. After execution of the agreement set forth in Section 4-1-E-10-I-3-B, the person seeking placement of the sign must provide proof to the City that such agreement has been recorded with the Johnson County Records & Tax Administration before any permit or final approval of placement of the sign will be given.

Effective on: 1/1/1901

Section 4-1-E-11 PERMITTED FACADE SIGNS.

Multi-Family Complexes: One facade sign may be utilized to identify the clubhouse or leasing office, if a monument sign is not used for that purpose. The sign shall be no more than 16 square feet in area, and oriented to the internal road system of the complex. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

Public Institutions: Each public institutional building, including schools, houses of worship and cultural facilities, may have 1 identification facade sign per public street frontage.

Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

Individual Commercial, Industrial And Office Buildings:

Up to 3 identification facade signs may be utilized, 1 per facade, on facades that are architecturally finished to a degree similar to that of the building front. Facade signs shall not be placed on building sides or rears that are directly adjacent to and face residential areas.
Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height and no letter or logo may exceed a total height of 6 feet.
Facade signs on multi-tenant, internal entrance industrial or office buildings shall all include the same identification, either the name of the building or 1 major tenant in the building.

Shopping Centers And Other Individual Entrance Buildings: Each tenant in a shopping center or other multi-tenant, individual entrance building may utilize 1 identification facade sign on its entrance facade. A second identification facade sign may be utilized by corner or end tenants only if the second facade is architecturally finished to a degree similar to that of the building front.

Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed, except that on facades of a total area of under 500 square feet, regardless of size, each tenant with its own entrance may utilize a maximum sign area of 25 square feet.
No sign may exceed 80 percent of the total width of the tenant facade. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A minimum letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

Effective on: 1/1/1901

Section 4-1-E-12 PERMITTED REAL ESTATE AND CONSTRUCTION SIGNS.

Real Estate/Initial Leasing Signs: Real estate/initial leasing signs are permitted on all properties to advertise the availability of the property for sale and/or the availability of a developed property or portion thereof for lease during the first year after completion of development or subsequent sale or lease of a building or land area. This provision is not intended to provide signage for ongoing leases of individual units of a multi-tenant facility. Each parcel shall be permitted 1 freestanding sign (a wall mounted sign of equal size may be utilized if landscape area is not available) for each 1,000 feet of public street frontage or portion thereof, with a minimum spacing of signs on one frontage of 500 feet. There shall be a minimum of 150 feet between signs on separate street frontages. The size and height of a real estate/initial leasing signs shall be as follows:

On a single-family lot or single duplex or multi-family unit, or on a multi-family tract of 1 acre or less, the sign shall not exceed 6 square feet, 4 feet in height, and shall not be illuminated.
On a multi-family parcel of greater than 1 acre, the sign shall not exceed 16 square feet and 8 feet in height.
On non-residential parcels with less than 400 feet of public street frontage the sign shall not exceed 20 square feet in area and 8 feet in height.
On non-residential parcels with 400 feet or more of public street frontage the sign shall not exceed 32 square feet in area and 8 feet in height.
On parcels with 800 or more feet of street frontage adjacent to freeway or frontage road right-of-way the sign shall not exceed 64 square feet in area and 12 feet in height.

Semi-Permanent Leasing Signs: Semi-permanent leasing signs are permitted on all non-residential properties to advertise the ongoing leasing activities of a multi-tenant development. Each property shall be permitted 1 semi-permanent leasing sign per street frontage. The maximum sign area shall be 20 square feet with a maximum height of 6 feet. The sign shall be of a monument design, with an overall maximum size of 32 square feet, with panels brought to within 6 inches of grade, and shall be set back a minimum of 5 feet from the right-of-way. The sign(s) shall be located so as to relate to and complement permanent monument signs, and integrate into landscape features. A "for sale" sign may be used in conjunction with a permanent leasing sign when the overall property is offered for sale.

Freeway Future Project Identification Signs: Developments with 800 or more feet of street frontage and approved preliminary plans or plats, may utilize 1 future project identification sign per freeway frontage, in lieu of one of the permitted "For Sale/Initial Leasing" signs. These signs may display project information such as: name of project, sales/leasing agent, phone number, name of developer, architect and contractors, opening date, etc. These signs shall not exceed 128 square feet in area nor 16 feet in height, and shall be set back at least 20 feet from the property line. Future project identification signs shall be removed when 75 percent of the units or square footage of the entire development has been sold or leased. A permit is required for these signs.

Future Project Identification Signs Adjacent To Arterial, Collector And Local Streets: In lieu of real estate/initial leasing signs, future project identification sign may be utilized of a size consistent with such real estate/initial signs. A permit is required for these signs. Application for a Future Project Identification sign for single family residential developments may be made following approval of a Final Plat for the subdivision and must be removed following 75 percent of the lot sales. Application for signs for multi-family and non-residential developments will require Final Plan approval and such signs must be removed following the sale or lease of 75 percent of the residential units or 75 percent of the units or square footage of an entire non-residential development.

Construction Site Signs: One free-standing construction sign may be utilized per street frontage, not to exceed 32 square feet in area or 8 feet in height. The sign(s) cannot be erected until issuance of a project's building permit, and shall be removed within 30 days of issuance of a certificate of occupancy or the voiding of the project's building permit. Contractors' vans or trailers may be parked at a construction site which has a valid building permit during construction, provided the primary use of the van or trailer is for storage or for office and that any advertising matter painted or attached to the side of van/trailer pertains only to the contractors. Said van or trailer shall be removed within 30 days of issuance of a certificate of occupancy or voiding of the building permit.

Effective on: 1/1/1901

Section 4-1-E-13 PERMITTED MISCELLANEOUS TEMPORARY SIGNS.

Four temporary sign permits may be issued in each calendar year for each individual business location (excluding home occupations), apartment complex, institutional use, industrial park and shopping center. Each permit may be issued for up to 15 days, and permits may be issued consecutively, not to exceed 60 days or four permits per calendar year. Permits issued to individual business locations will be counted independently of those issued to industrial parks or shopping centers as a whole. Temporary sign permits may be issued for the following types of signs:

Facade Signs: One facade sign no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet. The sign must be attached securely to the building so as not to allow movement by the wind.
Free-Standing Signs: One non-illuminated free-standing sign on any property with 200 or more feet of public street frontage, of up to 32 square feet in area and 8 feet in height.
Special Construction Zone Signs: When the City Council finds that one or more public improvement construction project(s) located predominantly in a commercial area are of such size, duration and magnitude to merit the use of additional signage by the property owners in such area, the City Council may, by resolution, designate such impacted area as a Special Construction Zone.

Each property owner in an area designated by resolution of the City Council to be a Special Construction Zone may, upon written application, be issued sign permits allowing temporary façade and free-standing signage for of the type and size set forth in this Section for their property as a whole. The time limits set forth in this Section shall not apply to such signage, but shall instead be as set forth in the resolution establishing the applicable Special Construction Zone. Special Construction Zone signs shall still require a sign permit application, but shall be exempt from temporary sign permit fees. This provision shall not be construed to permit the issuance of Special Construction Zone signs to each tenant in multi-tenant properties under single ownership

Effective on: 1/1/1901

Section 4-1-E-14 DEVIATIONS.

The Planning Commission may grant deviations to this Article, based on unique architectural treatments, special project conditions, or specific hardship. Deviations should be considered at the time of Planning Commission review of the sign scheme for the development, but may be heard subsequent to project review when necessary. The Planning Commission shall consider the following criteria in acting upon a request for deviation:

Purpose And Intent Of Code: Is granting of the deviation in compliance with the general purpose and intent of the City's signage regulations?
Impacts On Adjacent Properties: Will granting of the deviation adversely affect neighboring property owners or residents? Is the image presented by the sign or attention-attracting device consistent or compatible with that in the area as a whole?
Safety: Will granting of the deviation adversely affect safety? For free-standing signs, a safe sight-distance setback is required, and the sign location must not encroach upon potential future right-of-way needs. The use of signs or attention-attracting devices should not significantly distract traffic on adjacent streets.
Visual Clutter: Will granting of the proposed deviation significantly clutter the visual landscape of the area? The proposed deviation, in addition to all existing or potential future signs on nearby tracts, should be reviewed for their impact on cluttering the visual landscape. Reductions in the total number of signs or their size may be needed, or setbacks increased, to compensate for other signs and attention-attracting devices in the area.
Site Constraints: In some situations, topography, landscaping, existing buildings or unusual building design may substantially block visibility of the applicant's existing or proposed signs from multiple directions. While visibility of a sign or attention-attracting device is not to be guaranteed from all directions, deviations may be appropriate to provide reasonable visibility of a business's main sign.
Lighting: Sign or attention-attracting device lighting should not disturb residents of nearby residential land uses or adversely affect traffic on adjacent streets.
Promotion Of High Quality - Unique Design: The proposed sign(s) should be of high quality and must be compatible and integrate aesthetically with daytime/nighttime color, lighting and signs of the development and adjacent buildings. Facade signs may include unique copy design including painting of walls or integration into canopies/awnings, shapes, materials, lighting and other design features compatible with the architecture of the development of surrounding area. Attention-attracting devices should be of a unique, high quality design which accentuates the architecture of the building(s) served, versus functioning solely to draw attention to itself.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-E SIGNS

Section 4-1-E-1 SCOPE AND APPLICABILITY.

Effective on: 1/1/1901

Section 4-1-E-2 PURPOSE.

The purposes of these sign and attention-attracting device regulations are as follows:

Regulation and control of all advertising and identification signs or attention-attracting devices placed for exterior observation in order to preserve, protect and promote the public health, safety and general welfare of the residents of the City.
Prevent an adverse community appearance from the unrestricted use of signs or attention-attracting devices by providing a flexible, creative, fair, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for Lenexa, enhancing it as a place to live and do business.
Recognition of the business community's need for adequate business identification and advertising communication by improving the readability and, therefore, the effectiveness of signs or attention-attracting devices, by preventing their improper placement, over concentration, excessive height, area and bulk and by limiting such items as illumination or animation.
Ensuring that the public is not endangered or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of signs and attention-attracting devices, including the promotion of traffic safety for motorists, cyclists and pedestrians and minimizing damage and injury by reducing visual distractions, protecting sight lines at intersections, regulating sign size, weight and height and limiting obstructions along the public right-of-way, in public parks or other public property, or on utility poles.
Regulating the size, location and content of commercial signage in order to maximize its effectiveness in directing the public to specific buildings and facilities, while meeting the aesthetic goals of the community.
Protection of property values by enhancement of the harmony between residential, commercial and industrial uses by reducing visual clutter and preventing blighting influences.
Coordination of the type, placement and physical dimensions of signs within the different land use zoning districts.
Acknowledgment of the differing design concerns and needs for signage in certain specialized areas such as freeway frontages, tourist areas and master planned developments.
Balancing the protections of free speech, compliance with K.S.A. 25-2711 and public safety in order to provide a policy consistent with the Constitution of the United States, Kansas law and the court rulings defining those protections.

Effective on: 1/1/1901

Section 4-1-E-3 PROHIBITED SIGNS AND ATTENTION-ATTRACTING DEVICES.

Snipe Signs: Signs or attention-attracting devices attached to trees, shrubs, telephone poles, utility poles, benches, street lights, except warning signs issued by public utility companies, government signs, and signs or attention-attracting devices approved through the provisions of Section 4-1-B-25 of this Chapter (Special Events);
Portable Signs: Portable signs or attention-attracting devices;
Signs Posing Traffic Or Pedestrian Hazards: Any sign which constitutes a traffic hazard or is a detriment to traffic safety by virtue of its size, location, movement, content, coloring or method of illumination. Specifically prohibited are signs or attention-attracting devices using:
1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color, except for time/temperature, date, stock market or similar brief informational displays.
2. Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists or pedestrians.
3. Unshielded lights, except for time/temperature devices using a light source with a light output of no more than 250 lumens.
4. Words and traffic control symbols so as to interfere with, mislead, confuse traffic, such as "stop", "look", "caution", "slow".
Abandoned Signs: Business signs, attention-attracting devices, or portions thereof, that advertise any activity, business, product or service no longer conducted or available on the premises where the sign is located. Abandoned signs shall be removed within 3 months after meeting the above definition, and any damage to walls, landscaping or other areas shall be repaired to their original condition.
Moving Signs: Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, or with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.
Roof Signs/Projecting Signs: Roof-mounted signs or attention-attracting devices or projecting signs.
Off-Site Signs: Any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where the sign is erected or to which it is affixed.
Changeable Copy Signs: No changeable copy signs are permitted with the exception of time and temperature information when incorporated into allowable sign area.
Fluorescent Colors: Signs using in whole or in part any fluorescent color.
Painted Signs: Signs or attention-attracting devices painted directly onto facades or walls.
Attention-Attracting Devices: Attention-attracting devices in general, unless otherwise approved under this Article or through the special events requirements of Section 4-1-B-25 of this Chapter. Strings of lights may be used for decorative purposes during the holiday season (from Thanksgiving to January 6), when not exceeding a light output of 50 Lumens.
Illegal Signs: Any sign otherwise prohibited by law.
Use of Vehicular Signs:
1. Purpose: The intent of this provision is to prohibit a vehicle with a vehicular sign from being parked, placed, or stored in an area not owned or controlled by the commercial entity represented by that particular vehicular sign, to promote fairness, general welfare, and competitive equality for all commercial entities.
2. Vehicular Sign: A "vehicular sign" includes any name, insignia, logo, or sign displayed, mounted, painted or otherwise placed on a trailer, truck, automobile, or other vehicle that is parked, placed, or stored so that the vehicular sign is visible from a public street or right-of-way, or that is parked, placed, or stored for the purpose of displaying advertising signage.
3. Prohibited Uses of Vehicular Signs:
  1. The use of a vehicular sign in non-residential districts is regulated in accordance with this subsection. All parking, placement, or storage of a vehicle with a vehicular sign in any non-residential district shall have an appropriate nexus with the commercial entity represented by the vehicular sign; thus, the parking, placement, or storage of the subject vehicle on the property of any entity (public or private) other than the one represented by that vehicular sign for the purpose of advertising or business promotion is prohibited. This prohibition shall not apply to vehicles, with vehicular signs, that are actively providing a service to any entity located on the property on which the vehicular sign is parked.
  2. The parking, placement, or storage of a vehicle with a vehicular sign on the property of any entity (public or private) represented by that vehicular sign shall comply with this subsection and shall be confined to the specified portion of that entity's property, as follows:
    1. That portion of the property owned or leased by the entity represented by the vehicular sign and in the designated loading area of that entity, except while on other properties and being actively loaded or unloaded, used for its designated business purpose (not including advertising or business promotion), or parked in designated truck parking or loading areas of non-residential districts that have been screened or are not visible from the public right-of-way.
    2. If the business has no designated loading area, or it is demonstrated to the satisfaction of the Community Development Director that the entity's loading area is not in a feasible location for parking, placement, or storage of the subject vehicle for periods of non-use in excess of two (2) hours, the subject vehicle shall be parked, placed, or stored in one of the designated parking spaces owned or leased by the entity represented by the vehicular sign; provided the vehicle fits within a standard parking space measuring nine feet (9') by nineteen feet (19'), and is as remote as possible from the public streets and from public view.
    3. In the event that the entity demonstrates to the satisfaction of the Community Development Director that the subject vehicle cannot conform to either of the requirements contained in the foregoing subsections, the subject vehicle shall be parked, placed, or stored on the property of the entity represented by the vehicular sign in a location that is as remote as possible from the public streets and from public view.

Effective on: 1/1/1901

Section 4-1-E-4 SIGNS AND DEVICES NOT REQUIRING PERMITS.

Government Signs: A sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.
Flags: An individual business or development shall be permitted to display a maximum of 3 flags. No flag shall exceed 40 square feet in area, and no flagpole shall exceed 35 feet in height. All flagpoles shall be ground-mounted and must comply with the setback provisions established in Section 4-1-E-6 of this Article.
Directional/Instructional Signs: Signs displayed to convey directions to entranceways, freight/service doors, rest room and telephone locations or other operational facilities, or to convey parking and traffic restrictions or public safety messages. Wall signs of this type shall not exceed 3 square feet in area and may be mounted to buildings, fences, walls or, in the case of parking restrictions, may be painted onto curbs and paved areas.
One free-standing directional/instructional sign of up to 4 square feet in area and 4 feet in height is permitted at each driveway, and additional signs of this size may be placed at internal locations as needed based on their function.
Memorial Signs: Memorial signs or tablets of 6 square feet or less that are non-commercial in nature, when cut into any masonry or rock surface or constructed of bronze or similar non-combustible material that is mounted on the building or adjacent to its entrance.
Art Works: Works of fine art, when not displayed in conjunction with a commercial enterprise (nor display a commercial message), which enterprise may benefit direct commercial gain from such display.
Temporary Signs: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, intended to be displayed for a short period of time. Except as otherwise provided in this code, temporary signs do not require sign permits. Temporary signs that do not require a permit, shall be permitted on any property of the same size as allowed for real estate signs with the consent of the property owner. Except as otherwise provided in this section, temporary signs may be posted for ninety (90) days, at which time they shall be removed or replaced.
Window Signs: Non-illuminated window signs shall be permitted not to exceed 20 percent of the overall window area per facade and utilizing no greater than 50 percent of an individual window section on which the sign is placed. In lieu of non-illuminated signs, illuminated signs are permitted in area not to exceed 50 percent of the area allowed for non-illuminated signs.
Real Estate Signs: "For Sale", "For Lease", and permanent leasing signs as permitted by this Article.
Construction Site Signs: Construction site signs as permitted in this Article.
Menu-Boards: Each drive-through restaurant shall be permitted 1 free-standing or wall-mounted menu board per drive-through window, which shall not exceed 32 square feet in area or 8 feet in height and shall be located adjacent to and oriented toward the drive-through lane. An additional menu board may be considered if queuing lane length, location and configuration justifies placement.
Special Event Signs: Signs and attention-attracting devices, as approved through special event provisions.
Under-Canopy/Awning Signs: In the case of shopping centers or retail complexes of 5 or more tenants, 1 under-canopy/awning sign shall be permitted for each business with a canopy or awning. Under-canopy/awning signs shall not exceed 4 square feet in area, shall be installed at a right angle to the front building wall and shall be a minimum of 7 feet above the sidewalk.
Incidental Identification Signs: Identification signs of 2 square feet or less mounted on or adjacent to an individual tenant entrance.
Signs On Machinery And Equipment: Signs customarily incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs affixed to vending machines, newspaper racks, telephone booths and gasoline pumps.
Signs On Vehicles: Signs on a truck, bus, automobile, boat, trailer or other vehicle (i.e., Vehicular Signs) that are not prohibited by this Article including Section 4-1-E-3-M, "Use of Vehicular Signs."
Home Occupation Signs: One non-illuminated facade sign not more than 1 square foot in area, mounted on or adjacent to an entrance to the building, indicating a permitted home occupation to those at or approaching the door. The sign color shall be compatible with the house color.

Effective on: 1/1/1901

Section 4-1-E-5 HEIGHT AND SIZE OF SIGNS.

Height Of Monument Sign: The height to the top of the sign area shall be as specified for each individual type of sign. The monument structure may exceed the specified height by up to 1 foot.

Effective on: 1/1/1901

Section 4-1-E-6 SETBACK AND LOCATION OF SIGNS.

Public Property: Unless otherwise permitted in this Article, no sign shall be placed within a public park or other public property except by the governmental entity owning such property.

Public Right-Of-Way: Except as otherwise provided, no signs except government signs shall be located within the public right-of-way.

Signs shall be set back six (6) feet from the back of curb but in no event, in any public right-of-way that contains a sidewalk or trail, shall a temporary sign be placed between back curb and the sidewalk or trail.
Signs shall not be placed within the required sight-distance setback triangle set forth in Sections 4-1-B-26(B) and 4-2-C-2(D).
Signs shall not exceed six (6) square feet in face area and four (4) feet in height.
Signs shall not exceed five (5) pounds in weight including both sign and mounting system.

Approval of Permanent Signs in Easements: Verification of approval by easement owner may be requested by staff for permanent signs to be located within easements.

Signs On Awnings: A business identification facade sign may be painted or placed upon an awning as permitted in accordance with respective zoning regulations, and if specified in the approved sign scheme for the building. The entire internally illuminated area of an awning will be calculated as sign area and will be subject to code restrictions regulating such area.

Effective on: 1/1/1901

Section 4-1-E-7 SIGN DESIGN, CONSTRUCTION AND MAINTENANCE.

Alternative Free-Standing Sign Design: As an alternative to the monument style, free-standing signs may utilize other types of supporting structures as long as they meet the following criteria:

Landscaping is provided as required for monument signs, based on the area of the sign panel and the area between the bottom of the sign and the ground below it.
The sign and its supports shall be of a unified design, either as part of an engineered sign system or as an extension of the building architecture.
All sides, edges and other surfaces shall present a finished appearance, including the capping or boxing of open edges and consistent painting or coating of all surfaces.

Maintenance: All signs shall be properly maintained and kept in good condition to include:

A copy shall be maintained so as to be legible and complete.
The sign structure shall be maintained in a vertical position unless originally permitted otherwise, and shall be maintained in safe condition at all times.
All parts and surfaces shall be cleaned, painted or replaced as necessary to maintain the original permitted appearance.
Electrical systems shall be in a safe condition at all times.

Effective on: 1/1/1901

Section 4-1-E-8 SIGN PERMITS.

Work which may be performed by a property owner or lessee:
1. Painting the face of any free-standing or wall sign;
2. Installation or attachment of any individual letters, which does not require electrical service or structural modification of the surface or wall to which such letters are being attached; or
3. Construction and erection of any temporary free-standing sign 8 feet or less in height, which is non-illuminated.
Work which shall be performed by a sign contractor, electrical contractor or other contractor licensed with the City to perform such work:
1. Construction, installation, erection or electrical connection of any sign which is internally illuminated;
2. Construction, installation or erection of any permanent free-standing sign requiring wind load calculations;
3. Construction, installation or erection of any sign which is located above a pedestrian walkway or on the front fascia of a canopy over a pedestrian walkway;
4. Construction, installation or erection of any sign not described in subsection B1 above.

Name, address and telephone number of owner(s) of property;
Name, address, telephone number and license number of contractor erecting the sign;
The street address or legal description of the property upon which the proposed sign is to be located;
The height, size, shape, style, colors, materials and location of the proposed sign. Sign structures 6 feet or greater in height require structural plans certified by a licensed engineer;
Written authorization of the owner, his lessee or agent, to erect the proposed sign;
A plan, sketch, blueprint or similar presentation drawn to scale, showing all pertinent structural and electrical details, wind pressure requirements and materials in accordance with the City's adopted version of the Uniform Sign Code; and
A statement verifying the height, size, shape and location of existing signage on the premises.

Issuance Of Permit: The procedure for issuing a sign permit shall be as follows:

Upon receipt of an application for a sign permit, the Department shall review the plans, specification and other data relating to such sign, and, if considered necessary, inspect the premises upon which the sign is proposed to be erected.
No new sign permit shall be issued for a free-standing sign or facade identification sign on property upon which any nonconforming sign is located, until such nonconformity is corrected. On multi-tenant sites, this subsection shall apply only to the tenant's signage.
If the proposed sign is in compliance with this Chapter and all other applicable laws and codes of the City, a sign permit shall be issued upon receipt of the permit fee.

Permit Fees: Permit fees under this Code shall be adopted by the City Council.

Exceptions: Exemption from the requirement to obtain a sign permit shall be permitted under the following circumstances:

The erection, construction, installation of any sign described in Section 4-1-E-4 of this Article.
The repair, routine maintenance or repainting of any existing sign which is deemed conforming or allowed to continue as nonconforming under provisions of this Chapter.

Effective on: 1/1/1901

Section 4-1-E-9 SIGN SCHEMES.

Identification Signs: Designation of the size and location of identification signage proposed for individual tenants. Specifications should anticipate letter style, minimum and maximum letter height, the use of logos, and need for use of double line copy. Sign locations should anticipate impact of pad buildings and landscaping, as well as the provision of adequate spacing between facade signs for effective readability.
Appearance: Signs shall be durable, attractive and be designed to complement and reinforce the design themes of the project buildings. Free-standing signage should relate to the building, through the use of similar materials and colors. Facade signage should relate to the design of the building, utilize compatible but contrasting colors, and incorporate high quality materials and illumination.
Consistency: Sign design within a development should be generally consistent between tenants and buildings so that the design continuity of the project is maintained. However, it is not necessary for every sign within a particular development to be identical. Differences between major and minor tenants may be appropriate as well as differences between signs on peripheral sites versus signs on a main building. A sign scheme shall generally include at least 2 of the following characteristics: uniform letter and background color(s), uniform letter styles or uniform letter height. In general, as the signs become a smaller portion of the facade, or the architecture becomes more textured or ornate, the need for greater uniformity is lessened.
Conversion Of Existing Signs: A sign scheme for an existing development shall include provisions to ensure the ultimate conversion of all existing signs to conform with the approved sign scheme.

Approval Of Sign Schemes: Proposed sign schemes shall be submitted on the forms or in the format prescribed by the Community Development Director.

Preliminary Sign Scheme: A preliminary sign scheme shall be submitted with the application for preliminary plan review for each project requiring sign scheme approval, noting the size and location of all proposed signs. A preliminary sign scheme shall be approved by the Planning Commission in conjunction with their preliminary plan approval.
Final Sign Scheme: A final sign scheme shall be submitted with the application for final plan review for each project requiring sign scheme approval. The sign scheme shall provide schematic drawings depicting the dimensions, color, material, lettering style, provision for logos and illumination of all monument and facade signs. The location of all free-standing signs, along with required landscaping, shall be shown on the plans and all facade signs shall be shown on building elevations. A final sign scheme shall be approved by the Planning Commission in conjunction with their final plan approval.
Existing Development Without An Approved Sign Scheme: A proposed final sign scheme shall be submitted for approval prior to or concurrently with a sign permit application. A final sign scheme for existing development shall be approved by the Community Development Director, or upon the Director's request, by the Planning Commission.

Effective on: 1/1/1901

Section 4-1-E-10 PERMITTED MONUMENT SIGNS.

Each sign shall not exceed 24 square feet for complexes of 16 or fewer units, and 36 square feet for complexes of over 16 units. Sign height shall not exceed 5 feet.
A complex with greater than 400 feet of freeway frontage is permitted one additional monument sign adjacent to that frontage with a maximum sign area of 100 square feet plus 1 square foot for each 8 feet of frontage over 800 feet not to exceed 250 square feet in area. A maximum sign height of 10 feet is permitted for this freeway monument.
An additional monument sign may be utilized to identify the clubhouse or leasing office, of no more than 24 square feet in area and no more than 5 feet in height, located adjacent to the internal road system of the complex.

Individual Commercial, Industrial And Office Buildings:

One monument sign may be located on the primary street frontage of a size as listed below. A second sign is allowed on a secondary street frontage based on 75 percent of the allowable size on an arterial street; 50 percent of the allowable size on a collector street; and 25 percent of the allowable size on a local street only when sole access is provided from that local street. Sign height shall not exceed 5 feet.
A minimum of 200 feet of street frontage shall be required for the use of a monument sign. The maximum monument sign area for properties with over 200 feet but less than 300 feet of primary street frontage shall not exceed 24 square feet. The maximum monument sign area for properties with over 300 feet of primary street frontage shall not exceed 36 square feet.
Monument signs for multi-tenant, internal entrance industrial or office buildings shall be allowed two items of identification to be included on the monument sign, the identification of the building and one additional tenant. If the building is identified by address only, two tenants may be included on the monument sign. If the building name is also the name of a tenant, only the building name and one additional tenant may be identified.

Under 25,000 square feet GLA - 36 square feet of sign area, 8 feet in height, may include identification of two tenants

25,000 - 75,000 square feet GLA - 48 square feet of sign area, 8 feet in height, may include identification of two tenants

75,000 - 150,000 square feet GLA - 60 square feet of sign area, 8 feet in height, may include identification of two tenants

150,000 - 300,000 square feet GLA - 72 square feet of sign area, 10 feet in height, may include identification of three tenants

300,000 square feet GLA or more - 84 square feet of sign area, 12 feet in height, may include identification of four tenants

Business Park Developments: Each business park will be permitted 1 double-faced monument sign or dual single-faced monument signs at each public street entrance. Permanent business park signs shall be approved by the Planning Commission, preferably at time of Preliminary Plan approval. On evaluation of the size and design quality of the proposed signs, the Planning Commission shall consider the size of the business park, functional classification of adjoining roadway(s), adjacent land use, compatibility of proposed colors and materials with primary structures, landscape and other freestanding signs in the surrounding area and available resources for on-going maintenance. Such signs will also be evaluated in regard to their relationship to signs previously approved under similar circumstance. Signs proposed for existing business parks will be reviewed administratively, following the same design considerations as indicated for Planning Commission review, to be approved by the Community Development Director or upon the Director’s request, will be submitted for Planning Commission approval.
Freeway Frontage Monument Signs: Each shopping center, business park or free-standing commercial or office building with 200 lineal feet or more of freeway frontage on Interstate 35, or 400 lineal feet or more of other freeway frontage, shall be permitted one freeway frontage sign as described below:
1. Height: Maximum height shall be 25 feet above the center line height of the nearest through traffic lanes, with a maximum sign height of 35 feet. Where signs are located more than 15 feet above the center line, maximum height shall be 10 feet.
2. Size: The permitted sign area shall not exceed 100 square feet, plus 1 square foot per 8 freeway frontage feet over 800 freeway frontage feet, with a maximum size of 250 square feet.
3. Design: All freeway frontage signs shall be of a monument style as defined in the Code, however creative designs are encouraged, including triangular- or cube-shaped signs and other sculptural or architectural elements.
  
  The overall size of the monument shall not exceed 6 times the permitted sign area. Signs shall be designed to present as vertical a cross section as possible when signs exceed 10 feet in height.
4. Restrictions On The Use Of Freeway Frontage Signs: Frontage road properties that utilize a freeway sign may not utilize another monument sign on the frontage road. Frontage road buildings utilizing freeway signs may not utilize facade signs visible to the freeway at a height over 25 feet.
  
  Nonfrontage road properties that utilize a freeway frontage sign may not utilize facade signage oriented toward the freeway.
  
  Refer to other monument sign provisions of this Article for limitations related to multiple tenant identification.

Limited Use of Right-of-Way: Monument signs authorized under subsections (A), (B), (F), or (G) of this Section may encroach into the public right-of-way only under the following circumstances:
1. Large Right-of-Way: Where the right-of-way space adjacent to a roadway (as measured from the anticipated back of curb of all anticipated future roadway improvements to the right-of-way line) is in excess of fifty (50) feet. Any sign placed in the right-of-way pursuant to this subsectionshall be located so that the sign will not be less than 45 feet from the anticipated back of curb of all anticipated future roadway improvements.
2. Subdivision Sign in Median: Signs may be permitted in the median of a residential street if the following conditions exist.
  1. The island is on a residential street and part of the existing plat of a residential subdivision;
  2. The island is sufficiently wide to accommodate a monument sign as determined by the City of Lenexa Design Criteria and Plan Requirements for Street, Stormwater, and Street Lighting Improvements; and
3. In addition to any requirements imposed under subsections (1) and (2), the following requirements must also be met before any sign will be allowed to be placed in the public right-of-way:
  1. The sign shall not create any sight obstructions or interfere with any existing or planned utilities, or interfere with the normal use of any existing or planned roadway, traffic control, drainage, streetscape or other improvements; and
  2. The owner of the proposed sign shall be required to submit with its application for a sign permit under Section 4-1-E-8, an agreement to be signed by the Community Development Director in a form approved by the City Attorney containing the following terms:
    1. The owner shall be responsible to maintain the sign and any associated landscaping;
    2. The owner shall release, indemnify and hold harmless the City, its employees, agents, successors and assigns from any and all liability, claims, suits or demands, whatsoever, which they or others may now have or whichmay hereafter have arising out of the placement of the sign in, on and/or over the public rights-of-way, including but not limited to, damage from public or private vehicles, damage caused by City maintenance work or required relocation as a result of work in the public rights-of-way, easements or other public property,and damage to any utilities located within the public rights-of-way, easements or other public property as a result of installation, repair and/or maintenance of the aforedescribed sign; and
    3. The owner is placing the sign at the agreed upon location at its own risk and subject to the City’s right to use the right-of-way for any lawful purpose. If at any time the City, in its sole discretion, determines that the area encumbered by the sign, or associated landscaping,is needed for any other use, including but not limited to expansion of the road, placement of a sidewalk or trail, or relocation of utilities, the owner shall remove the sign within 90 days following receipt of written notice from City of the need to remove the sign. Such removal shall be at the owner’s expense with no compensation from the city. If the owner fails to timely comply with the City’s removal notice, the City may remove such sign at owner’s cost. If owner fails to pay the cost of such removal within 30 days of receiving an invoice from City detailing said expenses, the City may pursue any and all measures to collect such debt as allowed by law.
  3. After execution of the agreement set forth in Section 4-1-E-10-I-3-B, the person seeking placement of the sign must provide proof to the City that such agreement has been recorded with the Johnson County Records & Tax Administration before any permit or final approval of placement of the sign will be given.

Effective on: 1/1/1901

Section 4-1-E-11 PERMITTED FACADE SIGNS.

Individual Commercial, Industrial And Office Buildings:

Up to 3 identification facade signs may be utilized, 1 per facade, on facades that are architecturally finished to a degree similar to that of the building front. Facade signs shall not be placed on building sides or rears that are directly adjacent to and face residential areas.
Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height and no letter or logo may exceed a total height of 6 feet.
Facade signs on multi-tenant, internal entrance industrial or office buildings shall all include the same identification, either the name of the building or 1 major tenant in the building.

Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed, except that on facades of a total area of under 500 square feet, regardless of size, each tenant with its own entrance may utilize a maximum sign area of 25 square feet.
No sign may exceed 80 percent of the total width of the tenant facade. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A minimum letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

Effective on: 1/1/1901

Section 4-1-E-12 PERMITTED REAL ESTATE AND CONSTRUCTION SIGNS.

On a single-family lot or single duplex or multi-family unit, or on a multi-family tract of 1 acre or less, the sign shall not exceed 6 square feet, 4 feet in height, and shall not be illuminated.
On a multi-family parcel of greater than 1 acre, the sign shall not exceed 16 square feet and 8 feet in height.
On non-residential parcels with less than 400 feet of public street frontage the sign shall not exceed 20 square feet in area and 8 feet in height.
On non-residential parcels with 400 feet or more of public street frontage the sign shall not exceed 32 square feet in area and 8 feet in height.
On parcels with 800 or more feet of street frontage adjacent to freeway or frontage road right-of-way the sign shall not exceed 64 square feet in area and 12 feet in height.

Effective on: 1/1/1901

Section 4-1-E-13 PERMITTED MISCELLANEOUS TEMPORARY SIGNS.

Facade Signs: One facade sign no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet. The sign must be attached securely to the building so as not to allow movement by the wind.
Free-Standing Signs: One non-illuminated free-standing sign on any property with 200 or more feet of public street frontage, of up to 32 square feet in area and 8 feet in height.
Special Construction Zone Signs: When the City Council finds that one or more public improvement construction project(s) located predominantly in a commercial area are of such size, duration and magnitude to merit the use of additional signage by the property owners in such area, the City Council may, by resolution, designate such impacted area as a Special Construction Zone.

Effective on: 1/1/1901

Section 4-1-E-14 DEVIATIONS.

Purpose And Intent Of Code: Is granting of the deviation in compliance with the general purpose and intent of the City's signage regulations?
Impacts On Adjacent Properties: Will granting of the deviation adversely affect neighboring property owners or residents? Is the image presented by the sign or attention-attracting device consistent or compatible with that in the area as a whole?
Safety: Will granting of the deviation adversely affect safety? For free-standing signs, a safe sight-distance setback is required, and the sign location must not encroach upon potential future right-of-way needs. The use of signs or attention-attracting devices should not significantly distract traffic on adjacent streets.
Visual Clutter: Will granting of the proposed deviation significantly clutter the visual landscape of the area? The proposed deviation, in addition to all existing or potential future signs on nearby tracts, should be reviewed for their impact on cluttering the visual landscape. Reductions in the total number of signs or their size may be needed, or setbacks increased, to compensate for other signs and attention-attracting devices in the area.
Site Constraints: In some situations, topography, landscaping, existing buildings or unusual building design may substantially block visibility of the applicant's existing or proposed signs from multiple directions. While visibility of a sign or attention-attracting device is not to be guaranteed from all directions, deviations may be appropriate to provide reasonable visibility of a business's main sign.
Lighting: Sign or attention-attracting device lighting should not disturb residents of nearby residential land uses or adversely affect traffic on adjacent streets.
Promotion Of High Quality - Unique Design: The proposed sign(s) should be of high quality and must be compatible and integrate aesthetically with daytime/nighttime color, lighting and signs of the development and adjacent buildings. Facade signs may include unique copy design including painting of walls or integration into canopies/awnings, shapes, materials, lighting and other design features compatible with the architecture of the development of surrounding area. Attention-attracting devices should be of a unique, high quality design which accentuates the architecture of the building(s) served, versus functioning solely to draw attention to itself.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-E SIGNS

Section 4-1-E-1 SCOPE AND APPLICABILITY.

Effective on: 1/1/1901

Section 4-1-E-2 PURPOSE.

The purposes of these sign and attention-attracting device regulations are as follows:

Regulation and control of all advertising and identification signs or attention-attracting devices placed for exterior observation in order to preserve, protect and promote the public health, safety and general welfare of the residents of the City.
Prevent an adverse community appearance from the unrestricted use of signs or attention-attracting devices by providing a flexible, creative, fair, comprehensive and enforceable set of regulations that will foster a high quality, aesthetic, visual environment for Lenexa, enhancing it as a place to live and do business.
Recognition of the business community's need for adequate business identification and advertising communication by improving the readability and, therefore, the effectiveness of signs or attention-attracting devices, by preventing their improper placement, over concentration, excessive height, area and bulk and by limiting such items as illumination or animation.
Ensuring that the public is not endangered or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of signs and attention-attracting devices, including the promotion of traffic safety for motorists, cyclists and pedestrians and minimizing damage and injury by reducing visual distractions, protecting sight lines at intersections, regulating sign size, weight and height and limiting obstructions along the public right-of-way, in public parks or other public property, or on utility poles.
Regulating the size, location and content of commercial signage in order to maximize its effectiveness in directing the public to specific buildings and facilities, while meeting the aesthetic goals of the community.
Protection of property values by enhancement of the harmony between residential, commercial and industrial uses by reducing visual clutter and preventing blighting influences.
Coordination of the type, placement and physical dimensions of signs within the different land use zoning districts.
Acknowledgment of the differing design concerns and needs for signage in certain specialized areas such as freeway frontages, tourist areas and master planned developments.
Balancing the protections of free speech, compliance with K.S.A. 25-2711 and public safety in order to provide a policy consistent with the Constitution of the United States, Kansas law and the court rulings defining those protections.

Effective on: 1/1/1901

Section 4-1-E-3 PROHIBITED SIGNS AND ATTENTION-ATTRACTING DEVICES.

Snipe Signs: Signs or attention-attracting devices attached to trees, shrubs, telephone poles, utility poles, benches, street lights, except warning signs issued by public utility companies, government signs, and signs or attention-attracting devices approved through the provisions of Section 4-1-B-25 of this Chapter (Special Events);
Portable Signs: Portable signs or attention-attracting devices;
Signs Posing Traffic Or Pedestrian Hazards: Any sign which constitutes a traffic hazard or is a detriment to traffic safety by virtue of its size, location, movement, content, coloring or method of illumination. Specifically prohibited are signs or attention-attracting devices using:
1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color, except for time/temperature, date, stock market or similar brief informational displays.
2. Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists or pedestrians.
3. Unshielded lights, except for time/temperature devices using a light source with a light output of no more than 250 lumens.
4. Words and traffic control symbols so as to interfere with, mislead, confuse traffic, such as "stop", "look", "caution", "slow".
Abandoned Signs: Business signs, attention-attracting devices, or portions thereof, that advertise any activity, business, product or service no longer conducted or available on the premises where the sign is located. Abandoned signs shall be removed within 3 months after meeting the above definition, and any damage to walls, landscaping or other areas shall be repaired to their original condition.
Moving Signs: Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, or with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.
Roof Signs/Projecting Signs: Roof-mounted signs or attention-attracting devices or projecting signs.
Off-Site Signs: Any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where the sign is erected or to which it is affixed.
Changeable Copy Signs: No changeable copy signs are permitted with the exception of time and temperature information when incorporated into allowable sign area.
Fluorescent Colors: Signs using in whole or in part any fluorescent color.
Painted Signs: Signs or attention-attracting devices painted directly onto facades or walls.
Attention-Attracting Devices: Attention-attracting devices in general, unless otherwise approved under this Article or through the special events requirements of Section 4-1-B-25 of this Chapter. Strings of lights may be used for decorative purposes during the holiday season (from Thanksgiving to January 6), when not exceeding a light output of 50 Lumens.
Illegal Signs: Any sign otherwise prohibited by law.
Use of Vehicular Signs:
1. Purpose: The intent of this provision is to prohibit a vehicle with a vehicular sign from being parked, placed, or stored in an area not owned or controlled by the commercial entity represented by that particular vehicular sign, to promote fairness, general welfare, and competitive equality for all commercial entities.
2. Vehicular Sign: A "vehicular sign" includes any name, insignia, logo, or sign displayed, mounted, painted or otherwise placed on a trailer, truck, automobile, or other vehicle that is parked, placed, or stored so that the vehicular sign is visible from a public street or right-of-way, or that is parked, placed, or stored for the purpose of displaying advertising signage.
3. Prohibited Uses of Vehicular Signs:
  1. The use of a vehicular sign in non-residential districts is regulated in accordance with this subsection. All parking, placement, or storage of a vehicle with a vehicular sign in any non-residential district shall have an appropriate nexus with the commercial entity represented by the vehicular sign; thus, the parking, placement, or storage of the subject vehicle on the property of any entity (public or private) other than the one represented by that vehicular sign for the purpose of advertising or business promotion is prohibited. This prohibition shall not apply to vehicles, with vehicular signs, that are actively providing a service to any entity located on the property on which the vehicular sign is parked.
  2. The parking, placement, or storage of a vehicle with a vehicular sign on the property of any entity (public or private) represented by that vehicular sign shall comply with this subsection and shall be confined to the specified portion of that entity's property, as follows:
    1. That portion of the property owned or leased by the entity represented by the vehicular sign and in the designated loading area of that entity, except while on other properties and being actively loaded or unloaded, used for its designated business purpose (not including advertising or business promotion), or parked in designated truck parking or loading areas of non-residential districts that have been screened or are not visible from the public right-of-way.
    2. If the business has no designated loading area, or it is demonstrated to the satisfaction of the Community Development Director that the entity's loading area is not in a feasible location for parking, placement, or storage of the subject vehicle for periods of non-use in excess of two (2) hours, the subject vehicle shall be parked, placed, or stored in one of the designated parking spaces owned or leased by the entity represented by the vehicular sign; provided the vehicle fits within a standard parking space measuring nine feet (9') by nineteen feet (19'), and is as remote as possible from the public streets and from public view.
    3. In the event that the entity demonstrates to the satisfaction of the Community Development Director that the subject vehicle cannot conform to either of the requirements contained in the foregoing subsections, the subject vehicle shall be parked, placed, or stored on the property of the entity represented by the vehicular sign in a location that is as remote as possible from the public streets and from public view.

Effective on: 1/1/1901

Section 4-1-E-4 SIGNS AND DEVICES NOT REQUIRING PERMITS.

Government Signs: A sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.
Flags: An individual business or development shall be permitted to display a maximum of 3 flags. No flag shall exceed 40 square feet in area, and no flagpole shall exceed 35 feet in height. All flagpoles shall be ground-mounted and must comply with the setback provisions established in Section 4-1-E-6 of this Article.
Directional/Instructional Signs: Signs displayed to convey directions to entranceways, freight/service doors, rest room and telephone locations or other operational facilities, or to convey parking and traffic restrictions or public safety messages. Wall signs of this type shall not exceed 3 square feet in area and may be mounted to buildings, fences, walls or, in the case of parking restrictions, may be painted onto curbs and paved areas.
One free-standing directional/instructional sign of up to 4 square feet in area and 4 feet in height is permitted at each driveway, and additional signs of this size may be placed at internal locations as needed based on their function.
Memorial Signs: Memorial signs or tablets of 6 square feet or less that are non-commercial in nature, when cut into any masonry or rock surface or constructed of bronze or similar non-combustible material that is mounted on the building or adjacent to its entrance.
Art Works: Works of fine art, when not displayed in conjunction with a commercial enterprise (nor display a commercial message), which enterprise may benefit direct commercial gain from such display.
Temporary Signs: Any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames, intended to be displayed for a short period of time. Except as otherwise provided in this code, temporary signs do not require sign permits. Temporary signs that do not require a permit, shall be permitted on any property of the same size as allowed for real estate signs with the consent of the property owner. Except as otherwise provided in this section, temporary signs may be posted for ninety (90) days, at which time they shall be removed or replaced.
Window Signs: Non-illuminated window signs shall be permitted not to exceed 20 percent of the overall window area per facade and utilizing no greater than 50 percent of an individual window section on which the sign is placed. In lieu of non-illuminated signs, illuminated signs are permitted in area not to exceed 50 percent of the area allowed for non-illuminated signs.
Real Estate Signs: "For Sale", "For Lease", and permanent leasing signs as permitted by this Article.
Construction Site Signs: Construction site signs as permitted in this Article.
Menu-Boards: Each drive-through restaurant shall be permitted 1 free-standing or wall-mounted menu board per drive-through window, which shall not exceed 32 square feet in area or 8 feet in height and shall be located adjacent to and oriented toward the drive-through lane. An additional menu board may be considered if queuing lane length, location and configuration justifies placement.
Special Event Signs: Signs and attention-attracting devices, as approved through special event provisions.
Under-Canopy/Awning Signs: In the case of shopping centers or retail complexes of 5 or more tenants, 1 under-canopy/awning sign shall be permitted for each business with a canopy or awning. Under-canopy/awning signs shall not exceed 4 square feet in area, shall be installed at a right angle to the front building wall and shall be a minimum of 7 feet above the sidewalk.
Incidental Identification Signs: Identification signs of 2 square feet or less mounted on or adjacent to an individual tenant entrance.
Signs On Machinery And Equipment: Signs customarily incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs affixed to vending machines, newspaper racks, telephone booths and gasoline pumps.
Signs On Vehicles: Signs on a truck, bus, automobile, boat, trailer or other vehicle (i.e., Vehicular Signs) that are not prohibited by this Article including Section 4-1-E-3-M, "Use of Vehicular Signs."
Home Occupation Signs: One non-illuminated facade sign not more than 1 square foot in area, mounted on or adjacent to an entrance to the building, indicating a permitted home occupation to those at or approaching the door. The sign color shall be compatible with the house color.

Effective on: 1/1/1901

Section 4-1-E-5 HEIGHT AND SIZE OF SIGNS.

Height Of Monument Sign: The height to the top of the sign area shall be as specified for each individual type of sign. The monument structure may exceed the specified height by up to 1 foot.

Effective on: 1/1/1901

Section 4-1-E-6 SETBACK AND LOCATION OF SIGNS.

Public Property: Unless otherwise permitted in this Article, no sign shall be placed within a public park or other public property except by the governmental entity owning such property.

Public Right-Of-Way: Except as otherwise provided, no signs except government signs shall be located within the public right-of-way.

Signs shall be set back six (6) feet from the back of curb but in no event, in any public right-of-way that contains a sidewalk or trail, shall a temporary sign be placed between back curb and the sidewalk or trail.
Signs shall not be placed within the required sight-distance setback triangle set forth in Sections 4-1-B-26(B) and 4-2-C-2(D).
Signs shall not exceed six (6) square feet in face area and four (4) feet in height.
Signs shall not exceed five (5) pounds in weight including both sign and mounting system.

Approval of Permanent Signs in Easements: Verification of approval by easement owner may be requested by staff for permanent signs to be located within easements.

Signs On Awnings: A business identification facade sign may be painted or placed upon an awning as permitted in accordance with respective zoning regulations, and if specified in the approved sign scheme for the building. The entire internally illuminated area of an awning will be calculated as sign area and will be subject to code restrictions regulating such area.

Effective on: 1/1/1901

Section 4-1-E-7 SIGN DESIGN, CONSTRUCTION AND MAINTENANCE.

Alternative Free-Standing Sign Design: As an alternative to the monument style, free-standing signs may utilize other types of supporting structures as long as they meet the following criteria:

Landscaping is provided as required for monument signs, based on the area of the sign panel and the area between the bottom of the sign and the ground below it.
The sign and its supports shall be of a unified design, either as part of an engineered sign system or as an extension of the building architecture.
All sides, edges and other surfaces shall present a finished appearance, including the capping or boxing of open edges and consistent painting or coating of all surfaces.

Maintenance: All signs shall be properly maintained and kept in good condition to include:

A copy shall be maintained so as to be legible and complete.
The sign structure shall be maintained in a vertical position unless originally permitted otherwise, and shall be maintained in safe condition at all times.
All parts and surfaces shall be cleaned, painted or replaced as necessary to maintain the original permitted appearance.
Electrical systems shall be in a safe condition at all times.

Effective on: 1/1/1901

Section 4-1-E-8 SIGN PERMITS.

Work which may be performed by a property owner or lessee:
1. Painting the face of any free-standing or wall sign;
2. Installation or attachment of any individual letters, which does not require electrical service or structural modification of the surface or wall to which such letters are being attached; or
3. Construction and erection of any temporary free-standing sign 8 feet or less in height, which is non-illuminated.
Work which shall be performed by a sign contractor, electrical contractor or other contractor licensed with the City to perform such work:
1. Construction, installation, erection or electrical connection of any sign which is internally illuminated;
2. Construction, installation or erection of any permanent free-standing sign requiring wind load calculations;
3. Construction, installation or erection of any sign which is located above a pedestrian walkway or on the front fascia of a canopy over a pedestrian walkway;
4. Construction, installation or erection of any sign not described in subsection B1 above.

Name, address and telephone number of owner(s) of property;
Name, address, telephone number and license number of contractor erecting the sign;
The street address or legal description of the property upon which the proposed sign is to be located;
The height, size, shape, style, colors, materials and location of the proposed sign. Sign structures 6 feet or greater in height require structural plans certified by a licensed engineer;
Written authorization of the owner, his lessee or agent, to erect the proposed sign;
A plan, sketch, blueprint or similar presentation drawn to scale, showing all pertinent structural and electrical details, wind pressure requirements and materials in accordance with the City's adopted version of the Uniform Sign Code; and
A statement verifying the height, size, shape and location of existing signage on the premises.

Issuance Of Permit: The procedure for issuing a sign permit shall be as follows:

Upon receipt of an application for a sign permit, the Department shall review the plans, specification and other data relating to such sign, and, if considered necessary, inspect the premises upon which the sign is proposed to be erected.
No new sign permit shall be issued for a free-standing sign or facade identification sign on property upon which any nonconforming sign is located, until such nonconformity is corrected. On multi-tenant sites, this subsection shall apply only to the tenant's signage.
If the proposed sign is in compliance with this Chapter and all other applicable laws and codes of the City, a sign permit shall be issued upon receipt of the permit fee.

Permit Fees: Permit fees under this Code shall be adopted by the City Council.

Exceptions: Exemption from the requirement to obtain a sign permit shall be permitted under the following circumstances:

The erection, construction, installation of any sign described in Section 4-1-E-4 of this Article.
The repair, routine maintenance or repainting of any existing sign which is deemed conforming or allowed to continue as nonconforming under provisions of this Chapter.

Effective on: 1/1/1901

Section 4-1-E-9 SIGN SCHEMES.

Identification Signs: Designation of the size and location of identification signage proposed for individual tenants. Specifications should anticipate letter style, minimum and maximum letter height, the use of logos, and need for use of double line copy. Sign locations should anticipate impact of pad buildings and landscaping, as well as the provision of adequate spacing between facade signs for effective readability.
Appearance: Signs shall be durable, attractive and be designed to complement and reinforce the design themes of the project buildings. Free-standing signage should relate to the building, through the use of similar materials and colors. Facade signage should relate to the design of the building, utilize compatible but contrasting colors, and incorporate high quality materials and illumination.
Consistency: Sign design within a development should be generally consistent between tenants and buildings so that the design continuity of the project is maintained. However, it is not necessary for every sign within a particular development to be identical. Differences between major and minor tenants may be appropriate as well as differences between signs on peripheral sites versus signs on a main building. A sign scheme shall generally include at least 2 of the following characteristics: uniform letter and background color(s), uniform letter styles or uniform letter height. In general, as the signs become a smaller portion of the facade, or the architecture becomes more textured or ornate, the need for greater uniformity is lessened.
Conversion Of Existing Signs: A sign scheme for an existing development shall include provisions to ensure the ultimate conversion of all existing signs to conform with the approved sign scheme.

Approval Of Sign Schemes: Proposed sign schemes shall be submitted on the forms or in the format prescribed by the Community Development Director.

Preliminary Sign Scheme: A preliminary sign scheme shall be submitted with the application for preliminary plan review for each project requiring sign scheme approval, noting the size and location of all proposed signs. A preliminary sign scheme shall be approved by the Planning Commission in conjunction with their preliminary plan approval.
Final Sign Scheme: A final sign scheme shall be submitted with the application for final plan review for each project requiring sign scheme approval. The sign scheme shall provide schematic drawings depicting the dimensions, color, material, lettering style, provision for logos and illumination of all monument and facade signs. The location of all free-standing signs, along with required landscaping, shall be shown on the plans and all facade signs shall be shown on building elevations. A final sign scheme shall be approved by the Planning Commission in conjunction with their final plan approval.
Existing Development Without An Approved Sign Scheme: A proposed final sign scheme shall be submitted for approval prior to or concurrently with a sign permit application. A final sign scheme for existing development shall be approved by the Community Development Director, or upon the Director's request, by the Planning Commission.

Effective on: 1/1/1901

Section 4-1-E-10 PERMITTED MONUMENT SIGNS.

Each sign shall not exceed 24 square feet for complexes of 16 or fewer units, and 36 square feet for complexes of over 16 units. Sign height shall not exceed 5 feet.
A complex with greater than 400 feet of freeway frontage is permitted one additional monument sign adjacent to that frontage with a maximum sign area of 100 square feet plus 1 square foot for each 8 feet of frontage over 800 feet not to exceed 250 square feet in area. A maximum sign height of 10 feet is permitted for this freeway monument.
An additional monument sign may be utilized to identify the clubhouse or leasing office, of no more than 24 square feet in area and no more than 5 feet in height, located adjacent to the internal road system of the complex.

Individual Commercial, Industrial And Office Buildings:

One monument sign may be located on the primary street frontage of a size as listed below. A second sign is allowed on a secondary street frontage based on 75 percent of the allowable size on an arterial street; 50 percent of the allowable size on a collector street; and 25 percent of the allowable size on a local street only when sole access is provided from that local street. Sign height shall not exceed 5 feet.
A minimum of 200 feet of street frontage shall be required for the use of a monument sign. The maximum monument sign area for properties with over 200 feet but less than 300 feet of primary street frontage shall not exceed 24 square feet. The maximum monument sign area for properties with over 300 feet of primary street frontage shall not exceed 36 square feet.
Monument signs for multi-tenant, internal entrance industrial or office buildings shall be allowed two items of identification to be included on the monument sign, the identification of the building and one additional tenant. If the building is identified by address only, two tenants may be included on the monument sign. If the building name is also the name of a tenant, only the building name and one additional tenant may be identified.

Under 25,000 square feet GLA - 36 square feet of sign area, 8 feet in height, may include identification of two tenants

25,000 - 75,000 square feet GLA - 48 square feet of sign area, 8 feet in height, may include identification of two tenants

75,000 - 150,000 square feet GLA - 60 square feet of sign area, 8 feet in height, may include identification of two tenants

150,000 - 300,000 square feet GLA - 72 square feet of sign area, 10 feet in height, may include identification of three tenants

300,000 square feet GLA or more - 84 square feet of sign area, 12 feet in height, may include identification of four tenants

Business Park Developments: Each business park will be permitted 1 double-faced monument sign or dual single-faced monument signs at each public street entrance. Permanent business park signs shall be approved by the Planning Commission, preferably at time of Preliminary Plan approval. On evaluation of the size and design quality of the proposed signs, the Planning Commission shall consider the size of the business park, functional classification of adjoining roadway(s), adjacent land use, compatibility of proposed colors and materials with primary structures, landscape and other freestanding signs in the surrounding area and available resources for on-going maintenance. Such signs will also be evaluated in regard to their relationship to signs previously approved under similar circumstance. Signs proposed for existing business parks will be reviewed administratively, following the same design considerations as indicated for Planning Commission review, to be approved by the Community Development Director or upon the Director’s request, will be submitted for Planning Commission approval.
Freeway Frontage Monument Signs: Each shopping center, business park or free-standing commercial or office building with 200 lineal feet or more of freeway frontage on Interstate 35, or 400 lineal feet or more of other freeway frontage, shall be permitted one freeway frontage sign as described below:
1. Height: Maximum height shall be 25 feet above the center line height of the nearest through traffic lanes, with a maximum sign height of 35 feet. Where signs are located more than 15 feet above the center line, maximum height shall be 10 feet.
2. Size: The permitted sign area shall not exceed 100 square feet, plus 1 square foot per 8 freeway frontage feet over 800 freeway frontage feet, with a maximum size of 250 square feet.
3. Design: All freeway frontage signs shall be of a monument style as defined in the Code, however creative designs are encouraged, including triangular- or cube-shaped signs and other sculptural or architectural elements.
  
  The overall size of the monument shall not exceed 6 times the permitted sign area. Signs shall be designed to present as vertical a cross section as possible when signs exceed 10 feet in height.
4. Restrictions On The Use Of Freeway Frontage Signs: Frontage road properties that utilize a freeway sign may not utilize another monument sign on the frontage road. Frontage road buildings utilizing freeway signs may not utilize facade signs visible to the freeway at a height over 25 feet.
  
  Nonfrontage road properties that utilize a freeway frontage sign may not utilize facade signage oriented toward the freeway.
  
  Refer to other monument sign provisions of this Article for limitations related to multiple tenant identification.

Limited Use of Right-of-Way: Monument signs authorized under subsections (A), (B), (F), or (G) of this Section may encroach into the public right-of-way only under the following circumstances:
1. Large Right-of-Way: Where the right-of-way space adjacent to a roadway (as measured from the anticipated back of curb of all anticipated future roadway improvements to the right-of-way line) is in excess of fifty (50) feet. Any sign placed in the right-of-way pursuant to this subsectionshall be located so that the sign will not be less than 45 feet from the anticipated back of curb of all anticipated future roadway improvements.
2. Subdivision Sign in Median: Signs may be permitted in the median of a residential street if the following conditions exist.
  1. The island is on a residential street and part of the existing plat of a residential subdivision;
  2. The island is sufficiently wide to accommodate a monument sign as determined by the City of Lenexa Design Criteria and Plan Requirements for Street, Stormwater, and Street Lighting Improvements; and
3. In addition to any requirements imposed under subsections (1) and (2), the following requirements must also be met before any sign will be allowed to be placed in the public right-of-way:
  1. The sign shall not create any sight obstructions or interfere with any existing or planned utilities, or interfere with the normal use of any existing or planned roadway, traffic control, drainage, streetscape or other improvements; and
  2. The owner of the proposed sign shall be required to submit with its application for a sign permit under Section 4-1-E-8, an agreement to be signed by the Community Development Director in a form approved by the City Attorney containing the following terms:
    1. The owner shall be responsible to maintain the sign and any associated landscaping;
    2. The owner shall release, indemnify and hold harmless the City, its employees, agents, successors and assigns from any and all liability, claims, suits or demands, whatsoever, which they or others may now have or whichmay hereafter have arising out of the placement of the sign in, on and/or over the public rights-of-way, including but not limited to, damage from public or private vehicles, damage caused by City maintenance work or required relocation as a result of work in the public rights-of-way, easements or other public property,and damage to any utilities located within the public rights-of-way, easements or other public property as a result of installation, repair and/or maintenance of the aforedescribed sign; and
    3. The owner is placing the sign at the agreed upon location at its own risk and subject to the City’s right to use the right-of-way for any lawful purpose. If at any time the City, in its sole discretion, determines that the area encumbered by the sign, or associated landscaping,is needed for any other use, including but not limited to expansion of the road, placement of a sidewalk or trail, or relocation of utilities, the owner shall remove the sign within 90 days following receipt of written notice from City of the need to remove the sign. Such removal shall be at the owner’s expense with no compensation from the city. If the owner fails to timely comply with the City’s removal notice, the City may remove such sign at owner’s cost. If owner fails to pay the cost of such removal within 30 days of receiving an invoice from City detailing said expenses, the City may pursue any and all measures to collect such debt as allowed by law.
  3. After execution of the agreement set forth in Section 4-1-E-10-I-3-B, the person seeking placement of the sign must provide proof to the City that such agreement has been recorded with the Johnson County Records & Tax Administration before any permit or final approval of placement of the sign will be given.

Effective on: 1/1/1901

Section 4-1-E-11 PERMITTED FACADE SIGNS.

Individual Commercial, Industrial And Office Buildings:

Up to 3 identification facade signs may be utilized, 1 per facade, on facades that are architecturally finished to a degree similar to that of the building front. Facade signs shall not be placed on building sides or rears that are directly adjacent to and face residential areas.
Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height and no letter or logo may exceed a total height of 6 feet.
Facade signs on multi-tenant, internal entrance industrial or office buildings shall all include the same identification, either the name of the building or 1 major tenant in the building.

Each sign may be no larger than 5 percent of the total area of the facade upon which it is placed, except that on facades of a total area of under 500 square feet, regardless of size, each tenant with its own entrance may utilize a maximum sign area of 25 square feet.
No sign may exceed 80 percent of the total width of the tenant facade. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A minimum letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet.

Effective on: 1/1/1901

Section 4-1-E-12 PERMITTED REAL ESTATE AND CONSTRUCTION SIGNS.

On a single-family lot or single duplex or multi-family unit, or on a multi-family tract of 1 acre or less, the sign shall not exceed 6 square feet, 4 feet in height, and shall not be illuminated.
On a multi-family parcel of greater than 1 acre, the sign shall not exceed 16 square feet and 8 feet in height.
On non-residential parcels with less than 400 feet of public street frontage the sign shall not exceed 20 square feet in area and 8 feet in height.
On non-residential parcels with 400 feet or more of public street frontage the sign shall not exceed 32 square feet in area and 8 feet in height.
On parcels with 800 or more feet of street frontage adjacent to freeway or frontage road right-of-way the sign shall not exceed 64 square feet in area and 12 feet in height.

Effective on: 1/1/1901

Section 4-1-E-13 PERMITTED MISCELLANEOUS TEMPORARY SIGNS.

Facade Signs: One facade sign no larger than 5 percent of the total area of the facade upon which it is placed. Average letter height shall not exceed 1/8 of the height, and logos shall not exceed 1/4 of the height of the facade upon which they are placed. A letter size of 18 inches is permitted regardless of building height, and no letter or logo may exceed a total height of 6 feet. The sign must be attached securely to the building so as not to allow movement by the wind.
Free-Standing Signs: One non-illuminated free-standing sign on any property with 200 or more feet of public street frontage, of up to 32 square feet in area and 8 feet in height.
Special Construction Zone Signs: When the City Council finds that one or more public improvement construction project(s) located predominantly in a commercial area are of such size, duration and magnitude to merit the use of additional signage by the property owners in such area, the City Council may, by resolution, designate such impacted area as a Special Construction Zone.

Effective on: 1/1/1901

Section 4-1-E-14 DEVIATIONS.

Purpose And Intent Of Code: Is granting of the deviation in compliance with the general purpose and intent of the City's signage regulations?
Impacts On Adjacent Properties: Will granting of the deviation adversely affect neighboring property owners or residents? Is the image presented by the sign or attention-attracting device consistent or compatible with that in the area as a whole?
Safety: Will granting of the deviation adversely affect safety? For free-standing signs, a safe sight-distance setback is required, and the sign location must not encroach upon potential future right-of-way needs. The use of signs or attention-attracting devices should not significantly distract traffic on adjacent streets.
Visual Clutter: Will granting of the proposed deviation significantly clutter the visual landscape of the area? The proposed deviation, in addition to all existing or potential future signs on nearby tracts, should be reviewed for their impact on cluttering the visual landscape. Reductions in the total number of signs or their size may be needed, or setbacks increased, to compensate for other signs and attention-attracting devices in the area.
Site Constraints: In some situations, topography, landscaping, existing buildings or unusual building design may substantially block visibility of the applicant's existing or proposed signs from multiple directions. While visibility of a sign or attention-attracting device is not to be guaranteed from all directions, deviations may be appropriate to provide reasonable visibility of a business's main sign.
Lighting: Sign or attention-attracting device lighting should not disturb residents of nearby residential land uses or adversely affect traffic on adjacent streets.
Promotion Of High Quality - Unique Design: The proposed sign(s) should be of high quality and must be compatible and integrate aesthetically with daytime/nighttime color, lighting and signs of the development and adjacent buildings. Facade signs may include unique copy design including painting of walls or integration into canopies/awnings, shapes, materials, lighting and other design features compatible with the architecture of the development of surrounding area. Attention-attracting devices should be of a unique, high quality design which accentuates the architecture of the building(s) served, versus functioning solely to draw attention to itself.

Effective on: 1/1/1901