2006 Kansas Code - 68-2234

      68-2234.   Highway advertising control; sign standards; local zoning. After March 31, 1972, and subject to subsection (e), signs which are to be erected in a business area shall comply with the following standards: (a) General. Signs shall not be erected or maintained which (1) imitate or resemble any official traffic sign, signal or device; or (2) are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

      (b)   Size. (1) Signs shall not be erected which exceed 30 feet in height, 60 feet in length or 1,200 square feet in area, per facing, including border, trim and embellishments, but not including base or apron, supports, and other structural members.

      (2)   The maximum size limitations shall apply to each sign facing.

      (3)   Two signs not exceeding 600 square feet each may be erected in a facing, side by side or "double decked," and double-faced, back-to-back or V-type signs shall be permitted and shall be treated as one structure with a maximum area of 1,200 square feet permitted for each side or facing. To be classified as "back-to-back" there must not be more than 15 feet between structures or faces, to allow for crossbracing.

      (4)   The area of any sign shall be measured by the smallest square, rectangle, circle or combination thereof which will encompass the area affected.

      (c)   Spacing. (1) Signs shall conform to all applicable building codes and ordinances of the city, county or state, whichever is applicable by reason of the locations of the signs.

      (2)   Signs shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with a driver's view of approaching, merging or intersecting traffic.

      (3)   Signs visible from a primary highway shall not be erected within the limits of a city less than 100 feet, and outside the limits of a city less than 300 feet, of another sign on the same side of the highway.

      (4)   Signs visible from a freeway or interstate highway shall not be erected within 500 feet of another sign on the same side of the highway, and outside the limits of a city, no sign shall be located adjacent to or within 500 feet of an interchange, intersection at grade or a safety rest area, with such distance measured along the freeway or interstate highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.

      (5)   The minimum distance between two signs prescribed by paragraphs (3) and (4) of this subsection shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway. Such minimum distance shall not apply to signs described by subsection (a), (b) or (c) of K.S.A. 68-2233, nor shall such signs be counted or be used in measuring distances for the purpose of determining compliance with the spacing requirements of this subsection.

      (6)   The minimum distances between two signs prescribed by paragraphs (3) and (4) of this subsection shall not apply where such signs are separated by a building, structure, roadway or other obstruction which prevents a view of both signs at the same time by traffic proceedings on any one highway.

      (7)   Nothing in this subsection shall be construed as preventing the erection of double-faced, back-to-back or V-type signs with a maximum of two signs per facing, as permitted by subsection (b).

      (d)   Lighting. (1) Signs shall not be erected which contain, include or are illuminated by any flashing, intermittent, revolving or moving light, except those giving public service information such as, but not limited to, time, date, temperature, weather or news; steadily burning lights in configuration of letters or pictures are not prohibited.

      (2)   Signs shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle.

      (3)   Signs shall not be erected or maintained which are so illuminated that they obscure any official traffic sign, device or signal, or imitate or may be confused with any official traffic sign, device or signal.

      (e)   Application to local zoning authorities. Nothing in article 22 of chapter 68 of Kansas Statutes Annotated, shall be construed as prohibiting a local zoning authority from controlling the erection, maintenance, size, spacing and lighting of signs in all areas within its jurisdiction by adopting standards which may be consistent with, or more or less restrictive than the highway advertising control act of 1972, and any acts amendatory thereof or supplemental thereto. The standards adopted by a local zoning authority shall include the regulation of size, of lighting and of spacing of all such signs and shall restrict the erection of new signs, other than signs described by subsections (a), (b) and (c) of K.S.A. 68-2233, to zoned commercial or industrial areas.

      History:   L. 1972, ch. 251, § 4; L. 1973, ch. 272, § 2; L. 1981, ch. 266, § 1; July 1.