68-2236. Licenses and permits; fees.
68-2236
68-2236. Licenses and permits; fees.(a) Unlessotherwise provided inthis section, no person, firmor corporation shall construct, erect, operate, use or maintain any advertisingsigns, displays ordevices in this state without first obtaining a sign permit and a signlicense from the department.Sign permits shall not be issued until a sign permit application has beensubmitted to andapproved by the department. Signs measuring eight square feet or less with amessageadvertising the existence, meeting dates and location of nonprofit, religious,civic or educationalorganizations shall not be required to obtain a sign permit or a license. Signsas described insubsections (b) and (c) of K.S.A. 68-2233, and amendments thereto, shall not berequired toobtain a sign permit or a license.
(b) Sign permit application. From and after June 30, 2006, nosigns, displaysor devicesexcept as described in subsection (a) shall be erected without first applyingfor a sign permit from the department. Sign applications shall be submitted onforms provided bythe department.Incomplete applications shall be denied. A nonrefundable processing fee of $250shall besubmitted with each permit application for new directional and official signsas identified insubsection (a) of K.S.A. 68-2233, and amendments thereto, whether or not theyadvertisenonprofit organizations or businesses. A nonrefundable processing fee of $250shall besubmitted with each permit application for new conforming signs identified insubsection (e) ofK.S.A. 68-2233, and amendments thereto. The department shall approve the signpermit application within 60 days afterreceiving the application from theapplicant only if theapplication for the new sign permit complies with the provisions of this act.Upon the approvalof a sign permit application, the applicant will be granted a sign permit and asign license asdescribed in subsection (c) and shall erect the sign described in theapplication within 180 daysfrom the date of the granting of the sign permit. Failure to obtain a permitand erect the signdescribed in the application within 180 days of the date of the granting of thepermit, shall renderthe permit and license null and void. Extensions may be granted by thedepartment if they arerequested by the applicant in writing prior to the 180 day deadline. All signs,displays or deviceserected during the 180 day period and any extensions granted shall comply withall informationsubmitted in the sign permit application. Providing false information on thesign applicationshall be sufficient grounds to deny or revoke the application or permit.
(c) Sign permits; sign license. (1) From and after June 30, 2006,nosign, display oradvertising device except signs advertising nonprofit organizations ornonprofit businesses asdescribed in subsection (a) shall be erected without first obtaining a signpermit from thedepartment. No sign permit shall be issued without an approved current signpermit applicationas described in subsection (b);
(2) a sign license shall be issued along with a sign permit and such licenseshall be valid for aperiod of two years from the date it was issued unless revoked fornoncompliance with this act.Before the expiration of a sign license, the sign owner shall be required torenew the license.Biennial license renewal fees for a sign structure shall be determined by thesize of theadvertising per sign structure. Biennial license renewal fees for signstructures are as follows:
Fee
Per sign structure
$20 ................. 0 square feet to 32 square feet
$75 ................. 33 square feet to 300 square feet
$150 ................. 301 square feet or more
License fees will be phased in over a two-year time period forsigns listed in thedepartment's sign inventory database as of December 31, 2006. Owners of signsso identifiedshall be required to pay 50% of their total fees on or before their anniversarydate in 2007 and50% in 2008. Sign owners shall be required to pay the full fee in 2009 andthereafter. Signowners who erect signs after December 31, 2006, shall be required to pay theentire fees asdescribed in this section;
(3) each license shall be transferable and shall be valid for aperiod of two years from thelast day of the month the license was first granted as long as the sign ismaintained and if thesign is not changed as to location, size or lighting. Within 60 days prior tothe expiration date ofthe license, the department will provide the sign owner with a license renewalform for each signrequiring a license. Sign owners shall be required to complete the renewal formand submit therenewal fee as required in this section. A late fee of $50 shall be assessedfor each sign renewallicense form received 30 days after the expiration of the license. Whereapplicable, anyadvertising sign display or device not having a current permit and a currentlicense on file shallbe in violation of this act and shall be subject to removal with the costassessed to the sign ownerafter the sign owner has been given 30 days notice;
(4) if outdoor advertising is under construction and the departmentdetermines that apermit and license has not been issued for the advertising sign display ordevice, the departmentmay require that all work on the advertising display or device cease until theowner of theoutdoor advertising obtains a sign permit and a license.
(d) Existing signs; unlisted signs; license; fees. (1) On orbefore December 31, 2007,sign owners with existing signs that have been assigned a sign identificationnumber as part of the department's sign inventory database as of June 30, 2006,will be issued a sign license foreach sign. The department will issue a license for each sign currently in itsinventory and foreach other sign submitted by a sign owner on or before December 31, 2006,providing that thesign complies with this act. Sign owners shall be required to submitdocumentation for all signsnot currently listed in the department's sign inventory database as of June 30,2006. Signowners will not be assessed a processing fee for signs which are listed in thedepartment's signinventory database as of June 30, 2006, nor will they be assessed a processingfee for signssubmitted to the department on or before December 31, 2006. Any signdiscovered afterDecember 31, 2006, and not listed in the department's sign inventory databaseshall beconsidered unauthorized and illegal and shall be removed at the expense of thesign owner;
(2) within 30 days prior to the stated anniversary date, the departmentwill provide signowners with a license renewal form for each licensed sign. Sign owners shallbe required tocomplete the renewal form for each sign as required in subsection (c). Thedepartment willrenew the license for each existing sign upon receipt of the completed renewalform and therequired fees on or before the stated anniversary date. A license shall bevalid for two yearsfrom the stated anniversary date. A late fee shall be assessed for each licenserenewal formreceived after the stated anniversary date. Where applicable, any existingsign not having acurrent license, as identified in the department's sign database, shall be inviolation of this actand shall be subject to removal with the costs assessed to the sign owner afterthe sign owner hasbeen given a 30-day notice.
(e) From and after March 31, 1972, all signs, or thestructures onwhich they are displayed, shall have stated thereon the name of theowner thereof.
(f) The secretary shall remit all moneys received by or for the secretaryunder the provisions of this act to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in the statetreasury to the credit of the state highway fund.
History: L. 1972, ch. 251, § 6;L. 1973, ch. 272, § 3;L. 1975, ch. 427, § 222;L. 2006, ch. 141, § 5; July 1.