a. The use is part of a vertical mixed-use building, with retail uses limited to the ground floor and office or residential uses on the upper floors, or

b. The entrance is integrated into the building façade in a way that does not change its appearance as an office building, and no separate freestanding sign or sign located above the ground floor is associated with the business.

a. Are subject to Section 18.30.130.I, (Screening), and

b. Shall be located outside of any required parking space, in a location designated on the site plan, to the rear of the principal building.

a. Donation boxes must be located at or behind the required building setback and be substantially screened from view from any adjacent residential properties.

b. Where screening is required, screening shall be accomplished by the use of a solid fence, wall, or gate.

c. Donation boxes must be placed on a paved or solid surface.

d. No more than two (2) containers may be grouped at one (1) location on the property.

e. Donation box locations shall not impede normal traffic.

a.  Attached to the principal dwelling; or

b. A detached building on the same lot.

a. Constructed as a new building; or

b. Adapted from an existing building into an existing accessory structure on the same lot; or

c. Adapted from a portion of the principal dwelling unit.

a. Chicken coops, chicken tractors, and all other animal enclosures is six (6) feet.

b. Beehives, stand, or apiary is fifteen (15) feet.

a. Enclosures which are open to the sky must consist of a wall or fence of sufficient height to contain the animals.

b. Enclosures for chickens and rabbits must be a minimum of two (2) square feet per animal and include a run.

c. No chicken coop, chicken tractor or other small farm animal enclosure will exceed eighty-four (84) square feet unless authorized by a special animal permit.

a. Fresh, clean water must be kept within twenty (20) feet of the hive, stand, or apiary.

b. The owner of any hive or apiary will install and maintain a flyway barrier six (6) feet in height consisting of a solid wall, fence, vegetation or combination thereof that is parallel to the property line and that extends ten (10) feet beyond the hive or apiary in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over property lines in the vicinity of the hive or apiary.

a. The Planning Official may revoke a special animal permit if the permittee has violated any condition of the permit, Title 8 of the Olathe Municipal Code, or any other applicable Olathe Municipal Code or UDO provisions.

b. The Planning Official will send notice of intent to revoke to the permittee identifying the violation(s).

c. A permittee will have thirty (30) days from the date of the notice to request reconsideration by the Planning Official.

d. The Planning Official will inform the permittee within ten (10) days of receipt of the permittee’s request for reconsideration whether the special animal permit was revoked. If revoked, the date of revocation will be provided.

e. If the permittee does not request reconsideration within thirty (30) days of receipt of the notice of intent to revoke, the permit will be revoked effective thirty-one (31) days after the notice of intent to revoke was sent.

f. A permittee who has a special animal permit revoked must wait six (6) months from the date of revocation before submitting a new special animal permit application. (Ord. 20-40 § 3, 2020)

a. No more than six (6) individual, private sleeping rooms; and

b. A separate dining area, lounge area, restrooms, adequate exits and smoke alarm system; and

c. A primary coordinator is provided at each host congregation site to supervise all trained volunteers and guests.

a. For lots under seven thousand (7,000) square feet:

Two hundred ten (210) square feet,

b. For lots between seven thousand (7,000) – thirteen thousand (13,000) square feet:

Three (3) percent of lot area,

c. For lots exceeding thirteen thousand (13,000) square feet:

Four hundred (400) square feet.

a. The operator of the home occupation resides in the main residence on the subject property, and

b. No more than two clients or patrons are allowed on the premises at the same time (except as provided in this chapter for Day-Care and Child-Care Centers). Visitations, deliveries and vehicle trips associated with the home occupation are not permitted between the hours of 9:00 p.m. and 6:00 a.m., and

c. The only sign allowed is a two (2) square foot nameplate attached to the face (wall) of the building near the main entrance of the main building.

d. All aspects of the home occupation shall be conducted within a fully enclosed building consisting of the main structure or accessory structures meeting the Building Code, and

e. Nothing contained in the action to approve the home occupation shall be used as justification for a zone change.

f. No structures allowed that do not otherwise meet the conditions of the residential zoning district where the home occupation is located.

a. Seasonal landscape plantings may be displayed outside of an outdoor display confinement area on a seasonal basis upon approval of a temporary sales and events permit.

b. Landscape materials and lawn and garden supplies are required to be located within an outdoor display confinement area. However, the materials and supplies may be displayed outside of an outdoor display confinement area on a seasonal basis upon approval of a temporary sales and events permit.

c. Plantings, materials and supplies subject to subsections a and b above –

a. One hundred (100) feet from any property line except as provided below.

b. One thousand (1,000) feet from an existing residence or the nearest property line of residentially zoned property, whichever achieves the greatest overall setback.

a. The maximum height will not exceed fifteen (15)* feet from the established grade where it is mounted.

b. The antenna must be located within the rear yard and set back a minimum of ten (10) feet from all property lines.

c. All cables and lines serving the antenna must be located underground.

a. The maximum height is thirty (30)* feet from the grade where it is mounted.

b. The antenna will not be located within a required yard setback.

c. No antenna will be placed in the front yard.

a. The maximum height (measured from the highest point) is fifteen (15) feet above the roofline.

b. The antenna must be screened in accordance with Section 18.30.130.I. (Ord. 19-74 § 8, 2019; Ord. 19-56 § 11, 2019)

a. Applicability

It is unlawful for any person to erect, or alter any sign as defined in this ordinance without first obtaining a sign permit. This does not require a permit for sign maintenance, altering permitted changeable copy, or signs exempted from a permit as described elsewhere in this section.

Signs that are not readily visible from street right-of-way (public or private) do not require a permit unless the sign is visible from an adjoining lot or parcel zoned or used for residential purposes, and such determination will be made by the Planning Official. Examples include interior signs located entirely within a building, and signs located in interior courtyards and enclosed patios that are screened from public view.

A sign is considered not readily visible where it is fully obstructed by natural changes in grade, buildings, or landscaping that provides an all-season visual barrier from ground level at the edge of the public right-of-way or residential property line, or from the upper level of a residential building on an adjoining property.

b. Initiation

Sign permit applications must be accompanied by one (1) set of plans drawn to scale indicating the sign size, location of the sign and any required landscaping, method of illumination, colors, materials of the sign and structure, method of attachment, and any permit fees. In addition, the applicant must submit other information relating to the placement, construction, and design, as needed to demonstrate compliance with this section.

Prior written consent of the property owner or authorized agent upon which the sign is to be placed is required at the time of application for a sign permit.

A separate permit for electrical and/or structural review may be required.

c. Decision

The Building Official will approve or deny the sign permit application no later than thirty (30) days following the date of its submission. If the Building Official fails to timely act on the application, the sign permit is deemed approved unless the applicant submits a request for continuance.

d. Issuance

The Building Official will issue a permit for the erection, alteration, or relocation of a sign within the City when an application has been properly made and the sign complies with all appropriate laws and ordinances.

e. Revocation and Denial

The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this section whenever the permit is issued on the basis of a misstatement of material fact or fraud. When a sign permit is denied by the Building Official, a written notice of the denial will be given to the applicant, together with a brief written statement of the reasons for the denial.

f. Sign Permit Appeal

An appeal of denial may be made to the Board of Zoning Appeals upon denial of a sign permit. The appeal must be filed within thirty (30) days of the denial of the sign permit. The Board of Zoning Appeals must make a final decision not later than forty-five (45) days after the appeal has been filed unless a request for continuance is submitted by City staff or applicant.

g. Scope of Approval

A sign permit does not authorize the maintenance of an unlawful sign, and does not constitute a defense in an action to abate an unlawful sign.

a. If the Planning Official determines that any sign or other advertising structure regulated by this section, located on private property, is unsafe, or has been constructed, erected or is being maintained in violation of the provisions of this ordinance, the Planning Official will notify the sign owner in writing. The owner must immediately remove or repair the sign to bring it into compliance and/or make it safe. If the owner fails to remove or repair the sign so as to comply within five (5) days after the notice, the Planning Official may cause the sign to be removed or repaired to make it safe, at the expense of the permittee or owner.

b. The City Clerk will mail a statement of the costs for removal or repair of the unsafe or unlawful sign to either the last known address of the owner of record of the property, the person in charge of such property, or the sign permittee. If the costs are not paid within ten (10) days from the time of mailing of the notice, the Governing Body may proceed to pass an ordinance levying a special assessment for the cost against the subject lot or parcel of land. The City Clerk must certify the assessment to the County Clerk for collection and payment to the City in the same manner as other assessments and taxes are collected and paid to the City.

If the Planning Official determines that any sign, advertising structure, or attention-attracting device has been located on public property, including right-of-way, the Planning Official may remove the sign, structure, or device without notice to its owner or erector. These items must be disposed of immediately by the City of Olathe.

a. The Planning Official may inspect any sign to determine whether it complies with this section. Inspections will be done at a reasonable time.

b. If the building, premises or establishment to be inspected is occupied, the Planning Official must first present proper credentials and demand entry. If the building or premises is unoccupied, he/she must first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If entry is refused, the Planning Official must have recourse as provided by law to secure entry.

c. If, after demand, entry or access is refused, the Planning Official may acquire such access by application to a court of competent jurisdiction; provided, however, that the agency complies with the provisions of Section 15 of the Kansas Bill of Rights and the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures.

a. No private sign will be placed on a public easement, unless, in the opinion of the City Engineer, the placement will not interfere with the intended use of the easement. No private sign will be placed on a public right-of-way.

b. Signs on all buildings must account for the scale, character and design of the subject building. Signs must not dominate building façades or obscure architectural features (windows, cornices, grille work, piers, pilasters, ornamental features, etc.).

a. In determining the area of a sign, the entire sign face is included.

b. If the sign structure or supports become part of the sign due to the design of the structure or supports in relation to the sign, the structure or supports are included in the determination of copy area.

c. If a sign is composed of letters only, with no connection by the advertising structure between the letters, the copy area must be determined by measuring the distance from the outside edges of the outside letters and from the top of the largest letter to the bottom of the lowest letter. If one (1) letter is unequally large or small in comparison to the other letters composing the sign, the unequal letter must be squared off, the remaining letters must be measured from the outside edges, and the two (2) added for a total copy area determination.

d. Unless determined by the zoning district regulations, the allowable copy area of a sign will be based on one (1) side of the sign. Double-faced copy area is allowed if both sides of the sign are parallel to one another and comply with the applicable area requirements of this section, or the sign is a V-shaped sign.

a. For a monument sign, the sign face is the area within a line including all outer extremities, framework, or background of the cabinet or structure on which the letters, text, or symbols are mounted, but not including the sign base.

b. Monument signs must be built on a solid base.

c. Monument signs may be single- or double-faced.

d. Monument signs may be nonilluminated, indirectly illuminated or internally illuminated.

e. The sign face and base must not exceed six (6) feet in overall height above the natural or average grade.

f. The actual sign face must not exceed twenty-five (25) square feet in area per face if set back the minimum of ten (10) feet from a property line. For each additional five (5) feet of setback, the overall sign height may be increased two (2) feet and the sign face may be increased ten (10) square feet to a maximum of fifteen (15) feet in overall sign height and sixty-five (65) square feet per sign face.

g. When a single business or complex is located on a site more than five (5) acres, one (1) of the two (2) monument signs permitted in the commercial and industrial districts may be increased to a maximum height of fifteen (15) feet and a maximum face area size of sixty-five (65) square feet, and must be set back at least fifteen (15) feet from all property lines and outside of sight distance triangles and easements.

h. The sign base area must not exceed the actual sign face area by more than ten (10) percent. The sign face must not exceed the width of the base by more than twenty-five (25) percent.

i. Landscaping, such as flower beds, shrubs and bushes, must be provided in an area of at least two and one-half (2½) feet around the base of the sign. The applicant must designate the area and type of plantings in the sign permit application.

a. For a wall sign, the sign face is the area within a line including the outer extremities of all individual mounted letters, text, or symbols attached to a wall or retaining wall. For any sign located on a wall or retaining wall that has a cabinet or background attached to the wall, then the sign face includes all outer extremities, framework or background of the cabinet or structure.

b. Wall signs may be nonilluminated, internally illuminated or indirectly illuminated.

c. When a wall sign is placed on a canopy and is perpendicular to the ground, all supports, braces and brackets must not be visible.

d. The top of the sign when placed on a parapet or a canopy must not extend more than five (5) feet above the actual roofline.

e. Wall signs must not extend more than twelve (12) inches above the top of the wall, parapet or canopy.

f. Tenant spaces that are part of a multitenant building and face an internal parking lot with no direct wall area to a street frontage from the tenant space are allowed a wall sign to face the street frontage.

a. The sign must be located on the site of the development. If the development involves a subdivision plat for a single-family or duplex subdivision, signs during construction activities may also be located within 1,000 feet of the subdivision if the total number of on- and off-site signs does not exceed the amount prescribed in subsection E.3.e, below.

b. The sign must not exceed eight (8) feet in height or thirty-two (32) square feet in area per face.

c. The sign may have two (2) faces.

d. The minimum setback from any property line is thirty (30) feet. For each additional setback of ten (10) feet, the face area may be increased ten (10) square feet and the height may be increased one (1) foot. The maximum face area must not exceed one hundred (100) square feet, and the maximum height must not exceed fifteen (15) feet, except as provided below.

e. One (1) sign during construction activities is permitted for every one thousand (1,000) feet of street frontage. If a development has more than one (1) street frontage, then a separate on-site development sign is permitted on each frontage. A maximum of three (3) on-site development signs is permitted for a development.

f. When a tract of property held under one (1) ownership is being developed as one (1) project and is more than one hundred (100) acres in size, one (1) of the permitted signs during construction activities may be increased in size to two hundred (200) square feet per face in area. When the development is larger than two hundred (200) acres, the sign face area of the sign during construction activities may be increased one (1) additional square foot for every five (5) acres over two hundred (200) acres. This sign must maintain a one hundred (100) foot setback from all property lines.

g. For purposes of applying the rules for removing temporary signs (see subsection O.7, below), the events to which the sign is related are considered complete when a certificate of occupancy is issued for the last building or phase.

h. A sign permit is required.

a. R-1 and R-2 Districts

Real estate signs must not exceed six (6) square feet per face, with two (2) faces per sign permitted. The maximum height of the sign must not exceed six (6) feet. A maximum of three (3) signs per lot is permitted.

b. R-3, R-4, Commercial and Industrial Districts

Real estate signs must not exceed sixteen (16) square feet in area per face with two (2) faces permitted. The sign must not exceed five (5) feet in height with a maximum twelve (12) inch gap above grade. A maximum of two (2) signs is permitted for each parcel. In addition, one (1) real estate sign, not exceeding six (6) square feet per face, with a maximum of two (2) faces permitted, and a maximum height of six (6) feet is permitted. For signs attached to the wall of a building, the sign must not exceed ten (10) percent of the wall area on which it is attached.

c. Undeveloped Land for Sale Signs

In lieu of the signs permitted in subsections E.4.a and E.4.b, above, undeveloped and unplatted land over ten (10) acres in size are permitted two (2) “For Sale” signs not to exceed thirty-two (32) square feet in area per face, with two (2) faces permitted. The signs must not exceed eight (8) feet in height.

a. Such signs must be part of an overall signage plan for a master planned community that includes directional signs, traffic control signs, governmental signs, identification signs, subdivision entry markers, monument signs, etc. The community information signs must be harmonious in color, sizing and location. The purpose of such signs will be to facilitate the movement of vehicular and pedestrian traffic within a master planned community. The number of signs must be kept to the minimum necessary to accomplish this purpose.

b. Each sign must not exceed twenty (20) square feet per face with two (2) faces permitted. The sign must not exceed six (6) feet in height. The minimum setback from any property line must be one (1) foot. The design of the sign may incorporate a base of materials consistent with the overall signage plan. The sign base area must not exceed the actual face area by more than ten (10) percent.

c. No advertising or promotional information is permitted on a community information sign; however, a logo used elsewhere in the master planned community may be permitted. Such sign may be nonilluminated, indirectly illuminated, or internally illuminated.

d. Such sign will be maintained by the sign owner according to the provisions of this ordinance.

e. A sign permit is required.

a. Residential Structures

In the R-1 and R-2 districts, one (1) nonilluminated wall sign is allowed per building, not more than one (1) square foot in area. No permit is required for these signs.

b. Public or Semi-Public Buildings

One (1) nonilluminated wall sign per building. Wall signs must not exceed ten (10) percent of the wall upon which they are placed or one hundred (100) square feet, whichever is less.

c. Legal Nonconforming Business

One (1) nonilluminated wall sign per building. Wall signs must not exceed ten (10) percent of the wall upon which they are placed.

a. Every building constructed for a permitted nonresidential use is permitted one (1) monument sign.

b. One (1) monument sign per multifamily complex. If the complex fronts on two (2) streets, one (1) monument sign will be allowed on each street frontage.

a. In lieu of permitted standard monument sign, one (1) changeable copy sign is allowed for the following permitted nonresidential uses:

b. Permits are not required for replacing or altering changeable copy on these signs.

c. Changeable copy signs must comply with the standards for monument signs (see subsection D.1, above).

d. Electronic message boards are prohibited.

a. A sign may be a wall sign, an awning sign, projecting sign, or under canopy sign.

b. A single-family or two-family dwelling may have one (1) nonilluminated wall sign per building, not more than one (1) square foot in area, indicating a permitted home occupation.

c. A townhouse, condominium or multifamily building may have not more than two (2) signs with a total sign area of not more than eight (8) square feet.

d. A commercial building may have not more than two (2) signs with a total sign area of not more than twelve (12) square feet.

e. Neighborhood Entry Markers

Each neighborhood is allowed a monument sign at the entry.

f. Internal illumination of signs is prohibited.

a. A sign may be a wall sign, an awning sign, projecting sign, under canopy sign, or monument sign.

b. A building may have up to five (5) signs with a total sign area of up to five (5) percent or thirty (30) square feet (whichever is less) per street-facing elevation.

c. No internally illuminated sign may be located on any wall of a nonresidential building facing a residential building.

d. A projecting sign is permitted a maximum of two (2) sign faces. The sign must not extend more than three (3) feet from the face of the building and must maintain not less than eight (8) feet clearance between the bottom of the sign and the finished grade.

e. Under Canopy Signs

In buildings with three (3) or more tenants, one (1) under canopy sign per business is permitted in addition to the signs described in this section. Under canopy signs must not exceed two (2) square feet in area.

f. Wall and Under Canopy Signs

In buildings with three (3) or more tenants, wall and under canopy signs must be similar in color, materials and lighting. These signs must be incorporated into the design of the area.

a. Up to two (2) double-faced signs, which may be mounted on a freestanding canopy or may be projecting signs, under canopy signs, or monument signs.

b. The sign(s) may be nonilluminated, internally illuminated or indirectly illuminated.

c. The sign(s) must not exceed eighteen (18) square feet per face, with two (2) faces permitted.

d. The maximum height of the signs, if not located on canopy supports, must not exceed ten (10) feet.

e. The sign(s) must not be placed closer to the public right-of-way than the closest freestanding canopy.

a. Each freestanding building is permitted not more than two (2) wall signs, limited to one (1) per wall. The area of the wall sign must not exceed ten (10) percent of the area of the wall upon which it is mounted.

b. If a business is part of a multitenant complex, each tenant will be allowed one (1) wall sign no greater than ten (10) percent of the tenant wall area upon which the sign is placed. Corner tenant spaces will be allowed one (1) additional wall sign no greater than ten (10) percent of the wall area upon which it is placed. Signs facing the rear of the building are prohibited except as defined in subsection P.8, below.

a. One (1) monument sign is permitted for each freestanding building housing one (1) tenant or each complex.

b. In complexes, or single business sites, on property more than five (5) acres in size and with more than one (1) street frontage, a second monument sign is permitted on the additional street frontage.

c. If a single business or complex is located on a site more than five (5) acres in size, one (1) of the two (2) monument signs may be increased to a maximum height of fifteen (15) feet and a maximum face area size of sixty-five (65) square feet. For each additional five (5) feet of setback (from the minimum required), the overall sign height may be increased two (2) feet in height and the sign area may be increased ten (10) square feet to a maximum of twenty-one (21) feet in overall sign height and a maximum face area size of ninety-five (95) square feet.

d. On a site of more than twenty (20) acres, signage may be allowed up to twenty-five (25) feet in height and a maximum sign face of one hundred (100) square feet. Both of the two (2) monument signs permitted may be increased up to a maximum height of thirty (30) feet and a maximum face area size of one hundred fifty (150) square feet with Governing Body approval. The increased monument signs must be set back at least fifteen (15) feet from all property lines and outside of sight distance triangles and easements (refer to Section 18.30.220).

a. The menu board must be located adjacent to the entry. Attaching a sign to the exterior of a box is prohibited.

b. These signs must not exceed four (4) square feet, including all framework.

c. These signs are prohibited for drive-in and drive-through restaurants.

a. Each freestanding building is permitted up to three (3) wall signs. These signs are limited to one (1) per wall and must not exceed ten (10) percent of the total area of the wall upon which it is placed. Each exterior wall must be common to the interior business space.

b. If a business is part of a multitenant building or complex, each tenant is allowed one (1) wall sign no greater than ten (10) percent of the tenant wall area upon which the sign is placed and must be common to the interior business space. Corner tenant spaces are allowed one (1) additional wall sign no greater than ten (10) percent of the wall area upon which it is placed. Signs facing the rear of the building are prohibited except as defined in subsection P.8, below.

a. Awning graphic must comprise no more than thirty (30) percent of the total exterior surface of an awning or canopy. If side panels are provided, they must not carry signs greater than twenty (20) percent of the area of the awning panel.

b. Text on awnings is not allowed.

c. Awnings must be permanently mounted on the wood or metal framing within a door or window opening, not on the wall surrounding the opening. The minimum height for awnings must be eight (8) feet from the lowest point to the sidewalk. Awnings must not extend more than four (4) feet from the building face.

d. Awning signs are not allowed above the ground floor. Awnings without signs may be allowed above the ground floor if they complement the architecture.

e. Awnings must not be a continuous feature extending over masonry piers or arches but designed to project over individual window and door openings.

f. Internally lit or back-lit graphics awnings are not permitted.

g. Standard residential aluminum awnings are not allowed. Awnings must be composed of noncombustible acrylic fabric.

a. Each drive-through or drive-in restaurant is permitted signs in addition to those described above.

b. In lieu of one (1) freestanding or wall menu board, a restaurant may have a menu board located at each order station. The menu boards at each order station must not exceed four (4) square feet in surface area per face.

c. In addition to the allowed menu board, one (1) preview board is permitted per drive-through lane and must be located in the lane. The preview board must not exceed six (6) feet in height or fifteen (15) square feet in total surface area. It must be constructed to match the structure of the associated menu board and may be nonilluminated or illuminated. The preview board must be built on a solid base that is at least seventy-five (75) percent of the width of the sign face. The preview board must be located along the sides or rear of the building, and set away from the menu-board by at least fifteen (15) feet. Whenever a preview board is visible from a public street, additional landscaping and/or fencing must be used in order to screen the preview board from view of the public street.

a. Modules

A movie theater, drive-in theater, or performing arts theater may have one (1) module per screen or stage, plus one (1) additional module. The module must not exceed eighteen (18) square feet. A module is that portion of the sign, including trim, customarily used to display the title of a movie.

b. Area and Number

The total surface area of a sign face must not exceed one hundred sixty-two (162) square feet per face. A maximum of two (2) faces is permitted.

c. Setback

A minimum of thirty (30) feet from a street right-of-way is required.

d. Height

The maximum height of the sign must not exceed fifteen (15) feet from average grade level.

e. Changeable Copy

Movie theater signs may have changeable copy. Permits are not required for replacing or altering changeable copy on existing movie theater signs.

a. Each freestanding industrial establishment or building is permitted not more than three (3) wall signs. The signs will be limited to one (1) per wall and must not exceed ten (10) percent of the total area of the wall upon which they are placed or two hundred (200) square feet, whichever is less.

b. If a business is part of a multitenant complex, each tenant must be allowed one (1) wall sign no greater than ten (10) percent of the tenant wall area upon which the sign is placed. Corner tenant spaces will be allowed one (1) additional wall sign no greater than ten (10) percent of the wall area upon which it is placed. Signs facing the rear of the building are prohibited except as defined in subsection P.8, below.

a. Each freestanding building with one (1) tenant is permitted not more than three (3) wall signs, limited to one (1) per wall. The wall sign must not exceed ten (10) percent of the wall upon which it is mounted.

b. For multitenant buildings, each tenant is allowed one (1) wall sign no greater than ten (10) percent of the tenant wall area upon which the sign is placed and must be common to the interior business space. Corner tenant spaces will be allowed one (1) additional wall sign no greater than ten (10) percent of the tenant wall area upon which it is placed. One (1) building identification sign is permitted and must not exceed ten (10) percent of the wall upon which it is mounted.

c. Wall signs must be integrated with the architecture of the building and mounted in locations that respect the design of the building, including the arrangement of bays and openings. Signs must not obscure windows, cornices, grille work, piers, pilasters, and ornamental features.

d. Wall signs are limited to the ground floor of the structure except for building identification signs. Wall signs located on the side wall of a building that faces a side property line, alley, or parking area (including a side property line along a street), must not be lighted above the ground floor, except for building identification signs. Lighted wall signs must not directly face property zoned or used for residential purposes.

e. One (1) wall sign located on the rear of the building is allowed provided it is adjacent to public right-of-way. Signs must be nonilluminated and are limited to ten (10) percent of the wall area or tenant space upon which they are placed.

a. Each single-tenant building is permitted up to two (2) painted wall signs, limited to one (1) per wall. Painted wall signs must be no greater than ten (10) percent of the wall area on which it is placed.

b. For multitenant buildings, each tenant is allowed one (1) painted wall sign and must be common to the interior business space. Painted wall signs must be no greater than ten (10) percent of the tenant wall area upon which the sign is placed.

c. Painted signs must be maintained in good repair and be free from peeling, fading or other damage.

d. Artistic murals or art installations with no commercial or noncommercial message do not count toward the permissible sign area.

a. Projecting signs must not be closer than fifty (50) feet apart, and no more than three (3) for every three hundred (300) feet of street frontage.

b. Projecting signs must not exceed twelve (12) square feet per sign face if perpendicular to the building, and must provide a vertical clearance of ten (10) feet along pedestrian areas. Radial projecting signs mounted on building corners are only permitted in the Downtown Core and must not exceed twenty-four (24) square feet per sign face.

c. Projecting signs must not be mounted above the third story and may not extend above the roof line or the parapet wall. Projecting signs must be mounted in locations that are compatible with the building design, including the arrangement of bays and openings. Signs must not obscure windows, grille work, piers, pilasters, and ornamental features.

d. Projecting signs may be illuminated or nonilluminated. Signs that use blinking or flashing lights are prohibited.

e. Projection must not extend more than three (3) feet from the face of the building. Projection may extend into the right-of-way but must maintain a minimum of two (2) feet from the face of curb to the sign and 15 feet from street lights, power lines and power poles. The sign must not impede the visibility of traffic control devices.

a. Sign copy must comprise no more than thirty (30) percent of the total exterior surface of an awning. If side panels are provided, they must not carry signs greater than twenty (20) percent of the area of the awning panel.

b. Text on awning valences must not exceed eight (8) inches high. A valence drop length must not exceed twelve (12) inches.

c. Awnings must be permanently mounted on the wood or metal framing within a door or window opening, not on the wall surrounding the opening. The minimum height for awnings must be eight (8) feet from the lowest point to the sidewalk. Awnings must not extend more than four (4) feet from the building face.

d. Awning signs are not allowed above the ground floor. Awnings without signs may be allowed above the ground floor if they complement the architecture.

e. Awnings must not be a continuous feature extending over masonry piers or arches but designed to project over individual window and door openings.

f. Internally lit or back-lit graphics awnings are not permitted.

g. Standard residential aluminum awnings are not allowed. Awnings must be composed of noncombustible acrylic fabric.

a. Canopy signs must consist of individual letters, with or without a sign backer, placed on the face of the canopy/marquee, or above the canopy/marquee.

b. Canopy signs are limited to two hundred (200) percent of the height of the vertical dimension of the marquee, or a maximum of thirty (30) inches, whichever is less.

For example, if the vertical dimension of the marquee is twelve (12) inches, the letters may be up to twenty-four (24) inches high (including all mounting hardware).

c. Canopy sign width is limited to two-thirds of individual marquee width dimension or no more than twenty (20) feet, whichever is less.

d. Canopy signs may be illuminated or nonilluminated.

a. One (1) under canopy sign is permitted per primary business entrance in addition to the signs described in this section.

b. Under canopy signs must not exceed six (6) square feet and must be nonilluminated or indirectly illuminated.

c. A vertical clearance of ten (10) feet must be maintained over pedestrian areas.

a. No more than one (1) permanent window sign is allowed per window.

b. Window signs must not exceed ten (10) percent of the window area so that visibility into and out of the window is not obscured, except that window signs may be as large as twenty (20) percent of each window area if no wall sign is provided.

c. Sign copy must not exceed eight (8) inches in height, and must be applied directly to the interior face of the glazing or hung inside the window thereby concealing all mounting hardware and equipment.

d. Window signs on glazing must be either silk screened, back painted, metal leafed, or sandblasted onto the glass. Vinyl lettering is not allowed.

e. Neon/LED tube signs displayed on the interior surface of a window constitute a permanent window sign within the Downtown Core and Downtown Santa Fe Corridor areas only. One (1) neon/LED tube sign is permitted per business façade, and must not exceed twenty-five (25) percent of the total glass area of the window. Scrolling marquee signs are not permitted.

a. The maximum sign area for an “A” frame sign is eight (8) square feet.

b. The maximum overall height is four (4) feet tall.

c. “A” frame signs must not be permanently affixed to any object, structure, or the ground.

d. Each tenant in a multitenant complex or building is limited to one (1) “A” frame sign, located on private property or within the public right-of-way adjacent to the tenant space, provided the sign does not interfere with vehicle access, pedestrian movement or wheelchair access to, through, and around the site. A minimum access width of five (5) feet should be maintained along all sidewalks and building entrances accessible to the public.

e. “A” frame signs must be used only during regular business hours and must be removed during nonbusiness hours.

a. Menu boards must be located in a permanently mounted display box on the surface of the building adjacent to the entry. Taping a sign to a box is prohibited.

b. Menu boards must not exceed an area of six (6) square feet, including all framework.

a. Roof signs are limited to flat roofs, not including mansard roofs, on buildings three (3) stories or less in height.

b. Roof signs may contain no more than one (1) sign face and only one (1) roof sign is permitted per building. The sign must face a public street.

c. Roof sign face area must not exceed ten (10) percent of the façade area to which it is parallel, or a maximum of one hundred (100) square feet, whichever is less. If angled, sign measurements will be based on the façade with the least square footage.

d. Roof signs must consist of individual channel letters and/or logo mounted individually or on a sign backer and must be internally, directly, or nonilluminated. Box signs, in which the entire sign surface is illuminated, are not permitted.

e. Signs that use blinking or flashing lights are prohibited.

f. The overall sign height, including structural supports, must not extend more than five (5) feet from the top of the roof line of a flat-roofed building, or the nearest parapet wall, whichever is greater. Structural supports must be designed to minimize visual impact and remain as unobtrusive as possible.

g. The supporting structure for the roof sign must comply with all applicable engineering and Building Code requirements.

a. Sign Permit Required

All existing legal nonconforming billboards are required to renew the sign permit every three (3) years. The Planning Official will inspect all legal nonconforming billboards upon receipt of a renewal application to determine full compliance with the provisions of the Unified Development Ordinance. The Planning Official will approve or deny the sign renewal application no later than thirty (30) days following the date of its submission. When a renewal is denied by the Planning Official, written notice of the denial must be given to the applicant, together with a brief written statement of the reasons for the denial. Permits are not required for replacing or altering content on existing billboards.

b. Alterations of Nonconforming Billboards

A legal nonconforming billboard may not be increased in size or elevation, relocated to another site or to a new location on the same site or expanded, enlarged, or extended in any way, including, but not limited to, the addition of advertising faces, the addition of digital faces, adding additional illumination or the addition of rotating faces with moveable panels designed to create additional advertising. Structural alterations mean alterations to, including replacement of, either the billboard face or the supporting structure. Normal maintenance and repair including painting, cleaning, or replacing damaged parts of the billboard is not considered a structural alteration.

c. Replacement, Restoration or Reconstruction

Any legal nonconforming billboard which remains damaged or in disrepair, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of three (3) months following the date of damage must not be replaced, restored or reconstructed.

d. Repairs and Maintenance

All legal nonconforming billboards must be kept in good repair and maintained in a neat, clean, attractive and safe condition. Routine repairs and maintenance of nonconforming billboards necessary to maintain health and safety may be permitted. Said repairs and maintenance must include such activities as painting and the replacement of a damaged or deteriorated sign face. A billboard owner will be prohibited from repairing or replacing a legal nonconforming billboard which is in disrepair in excess of fifty (50) percent of its replacement cost. An exception is made for those billboards which were destroyed by vandalism or other criminal or tortuous acts. Any legal nonconforming billboard which remains damaged or in disrepair, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of three (3) months following the date of damage must not be replaced, restored or reconstructed.

e. Failure to Comply

Failure to comply with any applicable restrictions or performance standards of this ordinance may result in the revocation of the sign permit and removal of both the billboard sign face and its structure.

a. In the case of special use permit uses, all wall and detached signs must be approved by the Planning Commission, except where private sign criteria have been previously approved for the development.

b. In reviewing and approving those signs, the Planning Commission will consider: (1) the use of the facility, (2) the height of the building, (3) the surrounding land uses and zoning districts, (4) the relationship of the site to interstate highways, where applicable, and (5) the topography of the site. Where appropriate, the sign regulations of the underlying zoning district or the most analogous zoning district may be followed.

a. No temporary sign will obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard. In all cases such signs must be placed outside the sight distance triangle.

b. Temporary signs must be designed, constructed or mounted so as to be reasonably stable under all weather conditions, including high winds.

c. No temporary sign will be illuminated or painted with light-reflecting paint.

d. Temporary signs must only be posted with the consent of the property owner or occupant.

e. Except where more stringent time limitations are imposed elsewhere in this section, a temporary sign may be posted for a period of up to sixty (60) days within the calendar year, at which time the sign must be removed or replaced.

f. Temporary signs must be removed no later than five (5) days after the events to which the sign is related. Examples of the end of an event include the sale or occupancy of a property, the conclusion of the sale or event, or an election.

g. No temporary sign will advertise or promote any commercial enterprise or event not conducted on the same building lot.

a. AG, R-1, and R-2 Districts

In addition to other signs permitted by this chapter, in Districts AG and R-1 and R-2, a maximum of two (2) temporary signs may be displayed at any time.

b. R-3 and R-4 Districts

In addition to other signs permitted by this chapter, in multifamily districts a maximum of three (3) temporary signs may be displayed at any time.

a. One (1) sign per street frontage or building.

b. For a wall-mounted temporary banner, the maximum size must be no larger than that permitted for permanent wall signs.

c. Temporary signs are permitted to be displayed a maximum of four (4) thirty (30) day periods per calendar year. In no case will a thirty (30) day period be carried over from month to month.

d. Temporary freestanding signs must be set back a minimum of ten (10) feet from any property line and must not exceed ten (10) feet in height, measured at grade, with a sign face no greater than thirty-two (32) square feet. No temporary freestanding sign will be placed in a sight distance triangle as defined by Section 18.30.220. A permit is required for these signs.

e. Inflatable devices up to thirty (30) feet in height are permitted, except on roofs, for two (2) thirty (30) day periods per calendar year. In no case will a thirty (30) day period be carried over from month to month consecutively.

f. Searchlights are permitted from dusk to midnight.

g. Balloons attached to stakes must be permitted with a temporary sign permit.

a. Single-Family and Two-Family Districts

Real estate signs must not exceed six (6) square feet per face, with two (2) faces per sign permitted. The maximum height of the sign must not exceed six (6) feet. A maximum of three (3) signs per lot are permitted.

b. Multifamily, Commercial and Industrial Districts

A maximum of two (2) signs are permitted for each parcel.

c. Undeveloped Land for Sale Signs

In lieu of the signs permitted in subsections O.6.a and O.6.b, above, undeveloped and unplatted land over ten (10) acres in size are permitted two (2) “For Sale” signs not to exceed thirty-two (32) square feet in area per face, with two (2) faces permitted. The signs must not exceed eight (8) feet in height.

a. The person who has posted or directed the posting of a temporary sign is responsible for the removal or replacement of that sign in accordance with this section.

b. If that person does not remove or replace the temporary sign in accordance with this section, then the property owner or occupant of the building lot where the sign is posted is responsible for the sign’s removal or replacement.

c. The Planning Official is authorized to remove any temporary signs posted in violation of this chapter that are not removed or replaced in accordance with the provision above. Temporary signs posted on private property in violation of this section are deemed a public nuisance, and the Planning Official may abate that nuisance in accordance with subsection S, below.

d. The Planning Official may immediately remove temporary signs posted on public property or rights-of-way in violation of this chapter.

a. A sign located on a rear exit door. The sign must not exceed six (6) inch nonilluminated letters painted, printed, stenciled or attached to the face of the rear door and covering no greater than twenty (20) percent of that door.

b. Where the rear of a commercial building is oriented toward street right-of-way or an internal shopping center access drive, a wall sign in accordance with subsections H and I, above, are permitted on the rear wall of the building only if that building façade is architecturally designed to resemble the principal or front façade of the building by including similar architectural features such as windows, doors, awnings, building materials, and similar elements. The rear of a building is that side of a building opposite from the principal or main entrance to a building.

c. In the Downtown (D) district, subject to the standards established in subsection K, above.

a. It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or

b. The advertising message it displays becomes illegible in whole or substantial part; or

c. The advertising copy paid for by a person other than the sign owner or promoting an interest other than the rental of the sign has been removed.

a. There is no feasible alternative to placing the collector(s) on the roof;

b. The collector(s) are located so as to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the collectors;

c. The collector(s) add no more than seven (7) feet of height to the existing structure. To minimize view blockage or shadow impacts, the Governing Body may limit a nonconforming solar collector to less than seven (7) additional feet of height.

a. Amateur radio uses or private dispatch systems.

b. Antennas used by residential households solely for broadcast radio and television reception.

c. Satellite antennas used solely for residential or household purposes.

d.  Carrier-on-wheels (COW) placed for a period of not more than one hundred twenty (120) days at any location within the City of Olathe after a declaration of an emergency or a disaster by the Governor or by the responsible official of the City of Olathe. In nonemergency situations, COWs or other temporary communication towers require approval of a temporary sales and events permit (see Section 18.50.225).

e. Television and AM/FM radio broadcast towers and associated facilities.

f. Facilities owned and operated by a federally licensed amateur radio station operator.

a. The Approving Authority may waive any part of this section where the applicant demonstrates that the provision would violate the Federal ban on unreasonable discrimination among functionally equivalent services.

b. For purposes of this section, the following are considered “functionally equivalent services”: CMRS, cellular, PCS, enhanced specialized mobile radio, specialized mobile radio and paging. The Approving Authority may also consider current case law, state or federal legislation, or FCC rulings that define functionally equivalent services.

c. For purposes of this section, telecommunications facilities provided for commercial purposes are not considered functionally equivalent services to: