CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 4. STREET SIGNS AND STRUCTURES

(a)   Hereafter it shall be unlawful for any person, firm or corporation to erect, attach to, suspend from, or support on any building or structure in the city any advertising sign or structure to project into and extend over any street, sidewalk or public way in the city until a permit therefor shall have been issued as provided hereinafter. Permits shall be issued to any contractor licensed for the hanging or erection of signs on an application made by such contractor containing the written approval of the owner of the building or structure upon which such sign is to be erected or attached to. A form may be supplied by the city clerk for such purpose which shall disclose the information required. The city manager may require complete plans and specifications for any such sign to be submitted for examination and approval before a permit is issued. Upon the approval of the application by the city manager or building inspector of the city, a permit shall be issued upon the payment of such fees as may be required.

(b)   Any existing advertising sign or structure shall not hereafter be altered, rebuilt, extended, enlarged or relocated except in conformity with this article. The changing of removable parts of any sign which is designed for change or replacement, or the repainting of display matter thereon, shall not be deemed an alteration hereunder subject to a permit. No sign less than three feet by three feet in size shall require a permit for its construction.

(c)   Any person may apply to the governing body of the city for a variance to grant relief from the requirements of this article. Any request for relief shall be made in writing to the office of the city clerk no less than seven days prior to the hearing on the variance. The request shall specifically describe the change requested. It shall not be necessary to publish notice of the hearing other it being placed on the normal agenda of business.

(Code 1962, 18-401; Ord. 1104, Sec. 1)

(a)   All display advertising signs to be placed parallel with the exterior walls of any building fronting on any street, alley or sidewalk in the fire limits of the city shall not extend more than 18 inches outside the wall surface of such building. Such signs shall not exceed 40 square feet in area unless made of noncombustible materials. Moldings, cappings and letters may be of wood.

(b)   All wall display signs shall not extend beyond the top and the ends of the walls surface to which they are attached.

(c)   All wall signs shall be securely attached to the building wall by means of metal anchors, bolts or screws. No such sign shall be fastened by nails, staples or screws into wooden blocks or nailing strips built into the masonry.

(Code 1962, 18-402)

(a)   No advertising sign extending perpendicular from any building wall or structure shall project from the face of the building or structure over a street, alley or sidewalk more than eight feet from the face thereof and in no case shall such sign project beyond a line drawn perpendicular upward from one foot inside the curb line.

(b)   A clear space of not less than seven feet shall be provided below all parts of such signs above the surface of any sidewalk or traveled public way in the city.

(c)   All such projecting signs shall be securely attached to the building or structure by bolts, anchors, chains or galvanized steel guys or cables and shall not be attached to parapet walls in any manner unless such walls are reinforced with steel and designed to support other than the weight of such wall.

(Code 1962, 18-403; Ord. 841)

(a)   All ground display signs known as billboards or panel posters shall in no case exceed 20 feet in height above the ground on which the supporting structure rests. Lightning reflectors may project beyond the face of any such sign not more than 18 inches.

(b)   An open space of at least three feet in width shall be maintained between the bottom of any such sign and the ground. Necessary supports extending through space, in the filling of such space with lattice or slats leaving at least 50% of the space open, shall not be prohibited hereunder

(c)   All billboards and panel posts more than 12 feet high in the fire limits shall be constructed of noncombustible materials except that moldings, cappings or letters thereon may be of combustible material.

(d)   The location of all billboards and panel posters shall be governed by the laws of the city relating to zoning. Where no other regulation is provided, no such billboard of panel poster shall be located nearer than 25 feet of the line of any street or travel way, nor within 50 feet of any intersection of any street with another street or road leading into or through the city.

(Code 1962, 18-404)

(a)   Advertising or display signs to be placed above or supported on the top of a building or structure, including marquees, shall be constructed of noncombustible materials, except that moldings, cappings and lettering may be of wood or other combustible material.

(b)   An open space of not less than six feet shall be maintained below the bottom of the sign except as may be necessary for vertical supports in all cases except signs located on marquees. No such sign shall be so placed or maintained as to interfere with or obstruct any required doorway or means.

(c)   No such sign shall be supported by or braced to wooden beams or other wood structure of a building and shall be securely anchored and braced to withstand wind pressure.

(d)   The construction of all such signs shall be authorized upon the basis of an application and a permit to be approved by the governing body and no permit shall be issued except upon the approval of plans and specifications supplied with the application.

(Code 1962, 18-405)

(a)   Hereafter all advertising or display signs to be erected or hung upon poles or other permanent structures, designed or built for the purpose, other than billboards or panel posters, shall be metal or other noncombustible materials. No such pole or structure shall extend more than 15 feet above grade level. It shall be unlawful to locate, construct or maintain any permanent sign upon or within the street parking adjacent to any roadway or sidewalk in the city. Temporary or movable signs may be placed in or over streets, sidewalks or street parkings as provided in section 13-407.

(b)   All such signs shall be constructed in a substantial manner so as to withstand wind pressure. All such signs shall be constructed without movable parts and shall be fastened or anchored as not to swing or otherwise be dislodged from their moorings.

(Code 1962, 18-406)

(a)   It shall be unlawful for any person to string, hang, place or display any banner or streamer advertising signs from wires, strings, chains, ropes, poles, or other structures, located in or extending over any street, alley, sidewalk or public grounds of the city, or to place, stand or maintain any portable or temporary advertising sign in such place without the approval of the governing body in advance of such displays. Temporary and impermanent signs of cloth, paper, metal, or similar structures such as realtor signs, political advertising signs, signs indicating construction work in progress, or similar signs may be affixed to or displayed from or along the front of buildings or structures adjacent to a public way or on location no closer than 3 feet from the edge of the curb for a period not to exceed 60 calendar days. The city manager may approve extending the period of time that such a temporary or impermanent sign may be displayed upon good cause shown by the displayer of the sign. In all cases banners or streamer signs shall hang or extend not lower than 14 feet from the roadway of any street and no such portable sign shall be placed or maintained as to obstruct any street, sidewalk or public way.

(b)   Any person who desires to place a temporary, portable sign in not to exceed one parking space in front of its business shall be entitled to apply to the city clerk for a permit not to exceed three days. The person shall not be entitled to reapply for a permit for a period of 30 days and, in no event, shall more than 12 permits be issued to the same person in a period of 12 months. For purposes of this subsection, the portable sign shall be a sign designed not to obstruct more than one parking space in front of the business establishment and shall be a ground sign.

(Ord. 1283; Code 2006)

Except as may otherwise be provided by laws relating to the construction or reconstruction of buildings generally, the following regulations shall govern the location and heights of marquees, canopies, awnings, outside stairways and similar structures:

(1)   All marquees, awnings, canopies or projecting structures permanently and rigidly affixed to any building or structure, shall not extend less than eight (8) feet above the sidewalk to lowest part of the same, nor project over a sidewalk greater than eight (8) feet.

(2)   Canopies shall not be affixed to any permanent poles or structure set in the sidewalk, nor project over the sidewalk more than eight feet from the building to which affixed.

(3)   Awnings constructed to roll up, fold or otherwise movable shall have an unobstructed distance of not less than seven feet from the sidewalk to the lowest portion thereof.

(4)   No marquees, canopy or awning shall have attached thereto any placards, streamers or other advertising devices of any kind, except such as may be painted thereon or made a permanent part thereof, and except that no marquees or canopy shall have attached thereto any illuminated or other signs unless of a permanent nature and well anchored; and in no case shall such signs extend more than two feet above the roof of such marquees or canopy.

(5)   Outside stairways or fire escapes extending over any alley or roadway shall have a clear unobstructed distance of not less than 14 feet above such alley or roadway.

(6)   All such structures shall be subject to the requirements of a building permit and inspection as in other cases.

(Code 1962, 18-408)

All advertising signs, including billboards and panel posters, shall be designed according to generally accepted engineering practices to withstand wind pressures. All such signs shall be so designed as to distribute the live loads and wind pressures to the structural members of the building on which located or attached to in such a way that these members will not be over stressed or overloaded.

(Code 1962, 18-409)

(a)   All permits authorizing the erection, location or relocation of any display or advertising sign, billboard or panel poster issued hereunder shall be subject to revocation at any time upon satisfactory evidence that any sign, billboard or poster is maintained in an unsafe condition or in such a state of disrepair as to endanger the public. The city manager, upon reasonable notice to the owner thereof, may cause any such sign to be removed, repaired or replaced in accordance with the provisions of this article. The governing body may, upon complaint of the city manager, revoke any permit authorizing the maintenance of any sign, billboard or poster found to be located or maintained contrary to the provisions of this article. The governing body may authorize the city manager to require the owner of any sign, billboard or poster, before a permit for the same is issued or in the event that such sign shall become unsafe or maintained as to endanger the public, to make a showing of his or her financial ability to respond in damages by filing a certificate of such an insurance policy with the city clerk to be issued by some company authorized to do business in Kansas and to be approved by the city attorney.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the licensee's business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen's compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $100,000 for the injury or death in anyone accident.

(2)   Property Damage: $50,000 per accident.

(d)   The insurance policies shall name the city as co-insured and shall be issued by a company approved by the city. The city shall be furnished with a certificate of such insurance, which shall provide that the city is co-insured under the policy or policies and that such insurance shall not be changed or canceled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to the issuance of the license.

(Code 1962, 18-410; Code 1985)

Nothing in this article shall be construed to authorize any projection or encroachment upon any street, alley or public way in the city that is prohibited by law nor to express or imply any permission, license or permit for any structure to encroach upon or project within the lines of any street, alley or public way which shall not be revocable by order of the governing body. All structures or portions thereof heretofore erected or located which project beyond the street or building line shall be removed or reconstructed in accordance with a resolution of the city council as provided by law.

(Code 1962, 18-411)

Any violation of this provision shall be considered an unclassified misdemeanor, with the penalty imposed pursuant to Section 1-116 of the Municipal Code of the City of Hoisington, Kansas.

(Code 2006)