68-2234. Highway advertising control; sign standards; zoning requirements.
68-2234
68-2234. Highway advertising control; signstandards; zoning requirements.After March 31, 1972, and subject to the provisions ofK.S.A. 68-2233, and amendments thereto, and to subsection (f), signs whichare tobe erected in a business areashall comply with the following standards: (a) General. Signs shallnot be erected or maintained which:
(1) Imitate or resemble any officialtraffic sign, signal or device; or
(2) are erected or maintained upontrees or painted or drawn upon rocks or other natural features.
(b) Configuration and size. (1) Signs shall not be erectedwith sign faces which exceed 30 feet inheight,60 feet in length or 900square feet in area, per facing, including border, trim andembellishments, but not including base or apron, supports, and otherstructural members;
(2) the maximum size limitations shall apply to each signfacing;
(3) two sign displays not exceeding 450square feet each maybe erected in a facing, side by side or "double decked," anddouble-faced, back-to-back or V-type signs shall be permitted and shallbe treated as one structure with a maximum area of 900square feet permitted for each side or facing. To be classified as"back-to-back" there must not be more than 15 feet betweenstructures or faces, to allow for crossbracing;
(4) the area of any sign structure shall be measured by the smallestsquare,rectangle, circle or combination thereof which will encompass the areaof the sign display or displays;
(5) the height of any portion of the sign structure, excluding cutouts orextensions, as measured vertically from the adjacent edge of the road grade ofthe main traveled way shall not exceed 50 feet;
(6) cutouts or extensions shall be permitted on legal conforming signs at asize not toexceed 30% of the size of the main display area, with a maximum extension offive feetalong the top edge, two feet along the sides and 1 1/2 feet along the bottomofthemain display area. Cutouts or extensions shall not be permitted where theconfiguration and sizerequirements of this subsection will be exceeded.
(c) Spacing. (1) Signs shall conform to all applicable buildingcodes and ordinances of the city, county or state, whichever isapplicable by reason of the locations of the signs;
(2) signs shall not be erected or maintained in such a manner as toobscure or otherwise physically interfere with an official traffic sign,signal or device or to obstruct or physically interfere with a driver'sview of approaching, merging or intersecting traffic;
(3) except forofficial and on-premise signs, as defined in 23 U.S.C.131(c) and as provided for in K.S.A. 68-2233, and amendments thereto, anysigns or sign structures visible from any primary highway without fullycontrolled access:
(A) Shall not be spaced less than 300 feet apart outside of incorporatedcities;
(B) shall not be spaced less than 200 feet apart within incorporatedcities;
(4) any signs or sign structures visible from any interstatehighway or freeway withfully controlled access:
(A) Shall not be spaced less than 500 feet apart, except for officialand on-premisesigns, as defined in 23 U.S.C. 131(c), and as provided in K.S.A. 68-2233, andamendmentsthereto;
(B) outside the corporate limits of cities, shall not belocated within 500 feetof an interchange, feeder, intersection at grade, safety rest area orinformation center regardlessof whether the main traveled way is within or outside the city limits.The 500 feetspacing shall be measured from the point at which the pavement widens and thedirection ofmeasurement shall be along the edge of pavement away from the interchange,collector,intersection at grade, safety rest area or information center. In thoseinterchanges where aquadrant does not have a ramp, the 500 feet for the quadrant at the edge of theintersection islocated at the edge of the intersection;
(5) the minimum distance between two signs prescribed by paragraphs(3) and (4) of this subsection shall be measured along the nearest edgeof the pavement between points directly opposite the signs alongthe same side of the highway. Such minimum distance shall not apply tosignsdescribed by subsection (a), (b) or (c) of K.S.A. 68-2233, and amendmentsthereto, nor shallsuch signs be counted or be used in measuring distances for the purposeof determining compliance with the spacing requirements of thissubsection;
(6) the minimum distances between two signs prescribed by paragraphs(3) and (4) of this subsection shall not apply where such signs areseparated by a building, structure, roadway or other obstruction whichprevents a view of both signs at the same time by traffic proceedings onany one highway; and
(7) nothing in this subsection shall be construed as preventing theerection of double-faced, back-to-back or V-type signs with a maximum oftwo sign displays per sign facing, as permitted bysubsection (b). Nothing in this subsection shall prevent theowner of a singleface sign to change the position of the sign face to a different or oppositedirection of traffic flowso long as an additional face or additional square feet are not added to thesign structure. No suchchange may be affected until approval is granted by the department.
(d) Lighting. (1) Signs shall not be erected which contain,includeor are illuminated by any flashing, intermittent, revolving ormoving light, except those giving public service information such as,but not limited to, time, date, temperature, weather or news; steadilyburning lights in configuration of letters or pictures are notprohibited;
(2) signs shall not be erected or maintained which are noteffectively shielded so as to prevent beams or rays of light from beingdirected at any portion of the traveled way of any interstate or primaryhighway and are of such intensity or brilliance as to cause glare or toimpair the vision of the driver of any motor vehicle or to otherwiseinterfere with any driver's operation of a motor vehicle; and
(3) signs shall not be erected or maintained which are soilluminated that they obscure any official traffic sign, device orsignal, or imitate or may be confused with any official trafficsign, device or signal.
(e) Automatic changeable facing signs. (1) Automatic changeablefacingsigns shall bepermitted within adjacent or controlled areas under the following conditions:
(A) The sign does not contain or display flashing, intermittent ormoving lights,including animated or scrolling advertising;
(B) the changeable facing remains in a fixed position for at leasteight seconds;
(C) if a message is changed electronically, it must be accomplishedwithin an interval oftwo seconds or less;
(D) the sign is not placed within 1,000 feet of another automatic changeablefacing signon the same side of the highway, with the distance being measured along thenearest edge of thepavement and between points directly opposite the signs along each side of thehighway;
(E) if the sign is a legal conforming structure it may be modifiedto an automaticchangeable facing sign upon compliance with these standards and approval by thedepartment. Anonconforming structure shall not be modified to create an automatic changeablefacing sign;
(F) if the sign contains a default design that will freeze the signin one position if amalfunction occurs; and
(G) if the sign application meets all other permitting requirements.
(2) The outdoor advertising license shall be revoked for failure tocomply with anyprovision in this subsection.
(f) Application to local zoning authorities.Nothing in article 22of chapter 68 of Kansas Statutes Annotated, and amendments thereto,shall beconstrued as prohibiting a local zoning authority from controlling theerection, maintenance, size, spacing and lighting of signs in all areas withinitsjurisdiction by adopting standards which may be consistent with, or moreor less restrictive than the highwayadvertising control act, and amendments thereto, except that alonginterstate highways, the size and spacing requirements of subsections (b) and(c) of K.S.A. 68-2234, and amendments thereto, shall be met. The standardsadopted by alocal zoning authorityshall include the regulation of size, of lighting and of spacing of allsuch signs and shall restrict the erection of new signs, other than signsdescribed by subsections (a), (b) and (c) of K.S.A. 68-2233, and amendmentsthereto, to zonedcommercialor industrial areas.
(g) Prohibition against zoning to permit outdoor advertising.Zoningaction which is not part of comprehensive zoning and is created primarily topermitoutdoor advertising structures, is not recognized as zoning for purposes ofthis act.
(h) Unzoned commercial or industrial area qualifications forsigns.
(1) To qualify an area as unzoned commercial or industrial for thepurpose of outdooradvertising control, one commercial orindustrial activity shall meet all of the following criteriaprior to submitting an outdoor advertising permit application:
(A) The activity shall maintain all necessary business licenses as may berequired byapplicable state, county or local law or ordinances;
(B) the property used for the activity shall be listed for advalorem taxes with the countyand municipal taxing authorities as required by law;
(C) the activity shall be served by utilities, power, telephone,water and sewer or septicand well;
(D) the activity shall have direct or indirect vehicularaccess;
(E) the activity must be visible from, and located within 660feet of the nearest edge ofthe right-of-way of the controlled route;
(F) the commercial or industrial activity must be in operation for a periodof 12 monthsprior to the date of submitting an application for an outdoor advertisingpermit and license;
(G) the activity shall be in operation for at least nine months peryear; and
(H) the owner or employee shall be present at the site for 20hours per week;
(2) the unzoned area shall include areas on both sides of anytwo-lane highway, butshall be limited to land on the same side as the commercial or industrialactivity on any highwaywith four or more traffic lanes. All measurements shall begin from the outeredges of regularlyused buildings, parking lots, storage or processing areas of the commercial orindustrial activity,not from the property line of the activity and shall be along the nearest edgeof the main traveledway of the controlled route. The proposed sign location must be within 600 feetof thecommercial or industrial activity.
History: L. 1972, ch. 251, § 4;L. 1973, ch. 272, § 2;L. 1981, ch. 266, § 1;L. 2006, ch. 141, § 3; July 1.