City of Mission, KS
Johnson County
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Table of Contents
Table of Contents

Section 430.010 Statement of Intent.

[Ord. No. 1091 §§1 — 3(App. A §430.010), 9-24-2003]
A. 
The intent of this Chapter is to create the framework for a comprehensive and balanced system of sign regulations to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this Chapter to authorize the use of signs which are:
1. 
Compatible with their surroundings,
2. 
Appropriate to the activity that displays them,
3. 
Expressive of the identity of individual activities and the community as a whole, and
4. 
Legible in the circumstances in which they are seen.

Section 430.020 Sign Definitions.

[Ord. No. 1091 §§1 — 3(App. A §430.020), 9-24-2003; Ord. No. 1142 §17, 12-8-2004; Ord. No. 1259 §2, 5-21-2008; Ord. No. 1303 §1, 9-23-2009]
As used in this Chapter, the following terms shall have these prescribed meanings:
ATTENTION-ATTRACTING DEVICE
Any device with flashing, blinking, rotating or moving action or any banner, searchlight or balloons designed or intended to attract the attention of the public to an establishment or to a sign.
BACKLIGHTED SIGN
Any sign which displays direct or indirect light from the back of such sign through a transparent, translucent or open material.
BUILDING LOT
Any pieces or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purposes of transfer of ownership.
COMMERCIAL SIGN
A sign which identifies, advertises or directs attention to a business or is intended to induce the purchase of goods, property or service including, without limitation, any sign naming a brand of goods or service and real estate signs, as further defined below.
DETACHED SIGN
Any sign located on the ground or on a structure located on the ground and not attached to a building.
DIRECTLY ILLUMINATED SIGN
Any sign where the source of illumination of the sign is exposed to the human eye such as, but not limited to, an incandescent bulb or florescent tube.
INDIRECTLY ILLUMINATED SIGN
Any sign which is partially or completely illuminated at any time by a light source which is so shielded as to not be visible at eye level.
MARQUEE SIGN
Any sign attached flat against or under the marquee or permanent sidewalk canopy of a building but not on the upper surface of a marquee or canopy.
MONUMENT SIGN
A detached sign where the width of the base of the sign is a minimum of one-half (½) the width of the widest part of the sign face or where the base consists of two (2) or more supports so that the top edge of the sign face of a monument sign is ten (10) feet or less above the ground. The materials of the base of a monument sign shall be one (1) of the following: masonry, wood, anodized metal, stone or concrete.
MURAL
A figure, painting or design professionally applied to and made integral with a wall or ceiling surface and which does not convey any commercial information.
NEON TUBE
A directly illuminated sign which is a free-formed surface that creates words, numerals, figures, devices, designs, trademarks or logos and for which the light source is luminescent gas.
NON-CONFORMING SIGN SUPPORT
The supporting members of the sign such as frame, poles, brackets or structure by which a sign is mounted on or affixed to a building or the ground which do not comply with the standards established in the Building Code.
OBSOLETE SIGN
An off-site or on-site sign for a business or activity which is no longer operated on the premises.
OFF-SITE SIGN
A sign which displays any message directing attention to a business, product, service, profession, commodity, activity, event, person, institution or any other commercial message, which is generally conducted, sold, manufactured, produced, offered or occurs elsewhere than on the premises where such sign is located.
ON-SITE SIGN
A sign that is other than an off-site sign.
POLE SIGN
A sign which is supported by one (1) or more poles, uprights or braces in the ground so that the bottom edge of the sign face is more than ten (10) feet above the ground.
POST
To erect, attach or affix in any manner including, without limitation, nailing, tacking, tying, gluing, pasting, painting, stacking, marking or writing.
POSTER PANEL OR BILLBOARD
A sign, generally known as outdoor advertising, mounted on a semi-permanent structure and depicting information not directly related to the property upon which it is placed. Except where a specific distinction is drawn, the term "billboard" includes "poster panel".
PROJECT IDENTIFICATION SIGN
A sign identifying only a project and developer.
PROJECTING SIGN
Any sign, including a time and/or temperature instrument located on the face of the building, extending more than one (1) foot from the face of the building to which it is attached.
REAL ESTATE SIGN
A sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is posted.
ROOF SIGN
Any sign erected, constructed and maintained wholly upon or over the roof line.
SEMI-ILLUMINATED SIGN
Any sign located on a building face which is uniformly illuminated over its entire area, including the area of the sign, by use of electricity or other artificial light.
SIGN
Any framed, bracketed, free-formed, painted or engraved surface which is fabricated to create words, numerals, figures, devices, designs, trademarks or logos, which is mounted on or affixed to a building or the ground and which is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them. "Sign" includes sign supports. Murals shall not be considered to be signs.
SIGN ALTERATION
The replacement, enlargement, reduction, reshaping or adding to a sign, frame, pole, brackets or any supporting member.
SIGN MAINTENANCE
The normal care and minor repair that is necessary to retain a safe, attractive and finished structure, frame, pole, brackets or surface. Changing copy or logo without increasing sign dimensions shall be considered maintenance if the information, product or service depicted remains the same and if the sign is to serve the identical establishment using the same business firm name as before the change.
SIGN REFACING
Changing or replacing the words, numerals or other surface of the sign to serve a different establishment or business or to create a substantially different visual effect without altering, moving or replacing the structure, frame, pole or bracket supporting the sign.
SIGN SUPPORT
The supporting members of the sign such as frame, poles, brackets or structures by which a sign is mounted on or affixed to a building or the ground.
SNIPE SIGN
Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, window, tree, utility pole or temporary structure or any sign which is not securely fastened to a building or firmly anchored to the ground.
TEMPORARY SIGN
A sign that is intended for a temporary period of posting on public or private property, is typically constructed from non-durable materials such as paper, cardboard, cloth, plastic and/or wallboard and does not constitute a structure subject to the City's Building Code or Zoning Code provisions.
TIME AND/OR TEMPERATURE INSTRUMENT
A sign displaying only time and/or temperature information with no additional advertising or comments.
TWO-FACED SIGN
A sign with two (2) sign faces where the angle of separation of the faces is not greater than ninety percent (90%).
WALL SIGN
Any sign attached to and erected parallel to and within one (1) foot of the face or wall of a building, including signs painted on the walls of buildings. Awnings which are backlighted shall be considered wall signs.

Section 430.030 Generally.

[Ord. No. 1091 §§1 — 3(App. A §430.030), 9-24-2003; Ord. No. 1259 §3, 5-21-2008]
Other than lawful non-conforming signs, no signs shall be permitted in any district except in accordance with the provisions of this Chapter. Signs placed in the public right-of-way or on publicly owned land and which are not in compliance with the regulations of this Chapter are subject to removal by the City without notice or compensation. Signs placed on private property that are not in compliance with the regulations of this Chapter are subject to removal by the property owner or the property owner's agent without notice or compensation. In addition, any sign that is not in compliance with the regulations of this Chapter is subject to the penalty provisions of Section 400.100. These provisions may be applied to the person or business placing such sign, business or organization advertised in such sign or the owner of the property or vehicle on which such sign is placed.

Section 430.040 Permit Required.

[Ord. No. 1091 §§1 — 3(App. A §430.040), 9-24-2003]
A. 
Except as otherwise provided in this Chapter, no sign shall be installed, erected or set in place until a sign permit has been issued by the Public Works Department in accordance with Section 103.040(C).
B. 
Applications for sign permits shall be filed upon forms prescribed by the City, accompanied by two (2) sets of plats drawn to scale indicating the sign size, location, method of illumination, colors, materials of the sign and structure, and method of attachment.
C. 
All signs hereafter installed shall have permanently affixed thereto a label clearly visible at all times indicating the number of the sign permit issued therefor.
D. 
All signs are to be designed, fabricated and installed in a professional manner by a qualified and City licensed sign professional, except that temporary banners may also be installed by a business or property owner.
E. 
All materials and finishes are expected to be of high quality with an anticipated life span of ten (10) years or more. All electrical signs must have a UL label.

Section 430.050 Signs Excluded From Regulation.

[Ord. No. 1091 §§1 — 3(App. A §430.050), 9-24-2003; Ord. No. 1259 §4, 5-21-2008]
A. 
Except for the provisions of Subsections (A), (B), (C) and (D) of Section 430.110, the following signs are excluded from regulation under this Chapter:
1. 
Signs not exceeding four (4) square feet in area that are customarily associated with residential use, limited to signs giving property identification names or numbers, names of residents, signs on mailboxes or newspaper tubes, signs posted on private property relating to private parking or signs warning the public against trespassing or danger from animals.
2. 
Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs and traffic, directional or regulatory signs.
3. 
Official signs of a non-commercial nature erected by public utility companies.
4. 
Flags, pennants or insignia of any governmental body when not displayed in connection with a commercial promotion or as an advertising device and provided that not more than three (3) governmental flags, pennants or insignia shall be displayed on any property.
5. 
Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts or lights.
6. 
Signs on or adjacent to doors of commercial or industrial buildings displaying information such as the names and address of the occupant, the hours of operation or instructions for deliveries. Such signs shall not exceed four (4) square feet in area, shall not contain letters exceeding six (6) inches in height and shall not be illuminated. Where multiple tenants share the same door, the sign may display the names and address of each tenant.
7. 
Signs painted on or otherwise permanently attached to currently licensed motor vehicles, which vehicles are not primarily used as signs.
8. 
Temporary signs.
9. 
Signs at construction sites that are either:
a. 
Posted at the entrance to the job site explaining rules for contractors and others entering the site; or
b. 
Signs posted on construction site or painted onto construction trailers actively being used on the site, provided such signs are limited to the name, logo, address and phone number of a contractor working at the site. This provision is not intended to allow any signs that advertise a particular project, developer, owner or other business, nor is it intended to allow any sales, leasing or hiring information to be displayed.

Section 430.060 Prohibited Signs.

[Ord. No. 1091 §§1 — 3(App. A §430.060), 9-24-2003; Ord. No. 1142 §18, 12-8-2004; Ord. No. 1259 §5, 5-21-2008; Ord. No. 1303 §2, 9-23-2009]
A. 
The following signs are prohibited except as stated below or as otherwise specifically provided hereinafter:
1. 
Outdoor advertising (such as poster panels, billboards and off-site promotional signs), except where a special use permit has been obtained for such sign.
2. 
Attention-attracting devices, pennants and streamers.
3. 
Snipe signs, portable signs or similar signs that are not permanently affixed to a building, structure or the ground, other than temporary signs as specifically permitted by this Chapter.
4. 
Directly illuminated signs, except when used with fixtures specifically designed to illuminate signs. All direct lighting must be shielded and confined to the sign surface and must not be a nuisance to residential properties.
5. 
Electronic message signs, other than time and/or temperature instruments.
6. 
Pole signs, except that an existing business as of 2003 within one thousand (1,000) feet of the intersection of Johnson Drive and Metcalf Avenue are permitted to maintain, reface or replace existing pole signs for which a valid sign permit has previously been issued. New signs that replace existing pole signs must reduce the non-conforming height, area or setback of the previously issued sign permit.
7. 
Roof signs.
8. 
Signs in the public right-of-way; except for governmental signs, traffic signs, temporary signs as allowed in this Chapter and signs specifically allowed in the right-of-way by the provisions of this Chapter.
9. 
Obsolete signs.
10. 
Obscene signs. "Obscene" is defined as any material that: (a) whether the average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable State law; and (c) whether the work, taken as a whole, lacks serious literacy, artistic, political or scientific value.
11. 
Abandoned non-conforming signs.
12. 
Signs containing false or misleading advertising.
13. 
Signs falsely stating that property is zoned for specified land uses or signs stating that property will be zoned for specified land uses in the future.
14. 
Signs declaring that property is reserved for or is being held for a future land use which is inconsistent with the then existing zoning classification for the land.

Section 430.070 Signs Permitted in All Districts.

[Ord. No. 1091 §§1 — 3(App. A §430.070), 9-24-2003; Ord. No. 1142 §19, 12-8-2004; Ord. No. 1259 §6, 5-21-2008]
A. 
Churches, schools, libraries, community centers or other public/semi-public facilities shall be allowed two (2) wall signs with not more than one (1) on a facade. No such sign shall have an overall area exceeding thirty-two (32) square feet. In lieu of one (1) of the wall signs, one (1) detached monument sign shall be permitted. Such monument sign shall be located on the premises and not less than ten (10) feet from the street right-of-way and each sign face shall not exceed fifty (50) square feet in area. The height of such sign shall not exceed six (6) feet above the average grade or six (6) feet above the nearest adjacent street grade, whichever is greater; provided that for each two (2) foot setback from the street right-of-way in excess of ten (10) feet, an additional foot may be added to the height of the sign to a maximum of eight (8) feet. These institutions shall be exempt from the requirement of payment of fees as indicated in Section 103.040(C).
B. 
One (1) construction site identification sign of professional quality may be permitted during the development of any project. Such sign may identify the project, the owner or developer, future tenants, the architects, engineers, realtors, contractors and subcontractors involved, funding sources and may contain related information including, but not limited to, sale or leasing information. Such sign shall not exceed six (6) feet in height or thirty-two feet (32) square feet per face with a maximum of two (2) faces and shall be set back at least ten (10) feet from the street right-of-way. All such signs shall be removed prior to issuance of any certificate of occupancy, temporary or final, for the last building in each phase of the project. Sign permits shall not be required for such signs.
C. 
One (1) parking lot directional sign shall be permitted at each entrance to a building site, at key intersections within the site and at each entrance to a drive-through facility. Ground-mounted signs shall not exceed five (5) feet in height, shall not exceed four (4) square feet of sign area per face and may be single- or double-faced. Wall-mounted signs shall not exceed two (2) square feet of sign area and shall be single-faced. Such signs may indicate entrances, exits, addresses, direction of traffic flow and the location of loading docks, parking areas, leasing offices, ATMs, delivery doors, drive-through lanes and similar facilities. Up to twenty-five percent (25%) of the area of the sign may be used to display the name or logo of the developer, building or principal tenant. Sign permits shall not be required for such signs.
D. 
Substitution Of Messages. Subject to the land owner's consent, a non-commercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed non-commercial message, provided that the sign or sign structure is legal without consideration of message content. This substitution of message may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a parcel or land use, nor does it affect the requirement that a sign structure or mounting device be properly permitted. This provision does not allow for the substitution of an off-site commercial message in place of an on-site commercial message.
E. 
Variances. Any person seeking minor adjustments to the strict application of this Section to the posting of a temporary sign shall file an "application for variance" in accordance with Section 440.310 of the Zoning Code.
F. 
Penalties. Violations of the provisions of this Section shall be a civil infraction and punishable by a minimum fine of fifty dollars ($50.00) and up to five hundred dollars ($500.00). Each day of a continued violation shall constitute a separate violation for the purposes of applying the penalty provision of this Section.
G. 
Severability. Severability is intended throughout and within the provisions of this Section. If any Section, Subsection, sentence, clause, phrase or portion of this Section is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Section.

Section 430.080 Signs Permitted in Residential Districts.

[Ord. No. 1091 §§1 — 3(App. A §430.080), 9-24-2003; Ord. No. 1259 §7, 5-21-2008]
A. 
In lieu of any sign permitted under Subsection (A), a structure being used as a residential real estate sales office may be permitted one (1) non-illuminated, detached sign. Such sign shall be not more than twelve (12) square feet in area with a maximum height of six (6) feet above grade and shall be set back a minimum of ten (10) feet from the street right-of-way. Sign permits shall not be required for such signs.
B. 
In addition to construction site identification signs, each multi-family project may have one (1) banner-type sign not exceeding fifty (50) square feet. Such banners may be located only on the roof or walls of the project clubhouse or on one (1) of the individual multi-family buildings within the project. Said banner shall be in place for a maximum time period of sixty (60) days from the issuance of the sign permit and may not be renewed except that each complex may obtain additional permits for the above described banners after a three (3) year time period has passed from the issuance of previous sign permits for a banner for the subject multi-family project. Any such banners may only contain the words "now renting" or "now leasing" or "for sale", along with the name of the complex, address or location, phone numbers, development company or owner and directional symbols.
C. 
Project identification signs for a subdivision or residential project may be permitted at each entrance to the subdivision or project. All project identification signs shall be monument signs and, except as hereinafter provided, shall be located on the premises. Such signs shall not exceed six (6) feet in height above the average grade and the sign face shall not exceed fifty (50) square feet in area per face. If not sitting within the landscaped setback, the sign base shall be located within a curbed landscaped area extending a minimum of three (3) feet on all sides of the sign base. Where a project is situated on both sides of a public or private street, one (1) project identification sign may be located on each side of the street or, alternatively, one (1) project identification sign may be located in a landscaped median with the approval of the Planning Commission. Where a project identification sign is to be located in the public right-of-way, plans shall be submitted to the Planning Commission indicating the location, size and design of the project identification sign as well as a copy of the bylaws or other documentation of the association which will have permanent responsibility for maintenance of the sign and required landscaping. In addition to project identification signs permitted at entrances to the subdivision or project, project identification signs may be permitted on the premises adjacent to the intersection of two (2) thoroughfares or the intersection of a thoroughfare and a collector street.

Section 430.090 Signs Permitted in Commercial and Industrial Districts.

[Ord. No. 1091 §§1 — 3(App. A §430.090), 9-24-2003; Ord. No. 1142 §20, 12-8-2004; Ord. No. 1259 §8, 5-21-2008]
A. 
To the extent that the residential land use is permitted in a commercial or industrial district, signs for a residential land use shall be permitted as in the applicable residential district.
B. 
Districts "C-O" And "CP-O".
1. 
In Districts "C-O" and "CP-O", wall signs are permitted on three (3) facades. The total area of signs on each facade shall not exceed five percent (5%) of the area of the wall upon which it is mounted.
2. 
In lieu of one (1) of the wall signs, one (1) detached monument sign for each building shall be permitted. Such sign shall not exceed six (6) feet in height above the average grade and the sign face shall not exceed fifty (50) square feet in area per face if located at least ten (10) feet from the public street right-of-way or private street curb line. For each additional two (2) foot setback from the public street right-of-way or private street curb line over ten (10) feet, one (1) additional foot may be added to the height of the sign to a maximum of ten (10) feet. If not sitting within the landscaped setback, the sign base shall be located within a curbed landscaped area extending a minimum of three (3) feet on all sides of the sign base.
C. 
Districts "C-1" And "CP-1".
1. 
Each business or commercial establishment shall be permitted not more than three (3) wall signs, not more than one (1) on each business facade. The area of such sign shall not exceed five percent (5%) of the total area of the business facade on which it is placed. Alternatively, multi-story buildings may be permitted three (3) wall signs per building, not more than one (1) sign per building facade, as indicated above for Districts "C-O" and "CP-O". Such signs shall not extend above the height of the wall upon which they are mounted. In addition, one (1) non-illuminated wall sign, not more than nine (9) square feet in area, may be placed at each major entrance to a multi-tenant building.
2. 
In lieu of one (1) wall sign, one (1) projecting sign of the same area as the wall sign replaced shall be permitted, provided that no projecting sign shall extend more than three (3) feet from the face of the building. The lowest point of such sign must be a minimum of seven (7) feet above the ground or sidewalk.
3. 
Except in the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) detached monument sign shall be permitted in lieu of one (1) wall sign for each commercial building, which sign shall conform to the height, size and setback requirements applicable to monument signs in Districts "C-O" and "CP-O".
4. 
In the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) additional detached monument sign may be permitted identifying the entire center. Such sign shall conform to the height, size and setback requirements applicable to monument signs in Districts "C-O" and "CP-O".
5. 
For buildings with a non-retractable awning, canopy or covered walkway along one (1) or more sides of the building, a sign may be hung or mounted under the canopy or covered walkway identifying each business with an exterior ground floor entrance. Such signs shall be located at or near the business entrance, shall be oriented toward pedestrians on the walkway and shall not exceed three (3) square feet in sign area per face. One (1) sign shall be permitted per business entry.
D. 
Districts "C-2", "CP-2", "C-2B", "CP-2B" And Industrial Districts.
1. 
Each business or commercial establishment shall be permitted not more than three (3) wall or marquee signs, not more than one (1) on each business facade, the area of which sign shall not exceed ten percent (10%) of the total area of the facade upon which it is placed. Such sign shall not extend above the height of the wall or marquee on which it is mounted. In addition, one (1) non-illuminated wall sign, not more than nine (9) square feet in area, may be placed at each major entrance to a multi-tenant building. Alternatively, multi-story buildings may be permitted three (3) wall signs per building, not more than one (1) sign per building facade, as indicated above for Districts "C-O" and "CP-O".
2. 
In lieu of one (1) of the attached signs, one (1) projecting sign shall be permitted for each establishment, provided that the area of such projecting sign shall not exceed ten percent (10%) of the total area of the facade upon which it is attached and shall not extend above the roof level of the building where the sign is located. The lowest point of such sign must be a minimum of seven (7) feet above the ground or sidewalk.
3. 
Except in the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) detached monument sign shall be permitted for each building in lieu of one (1) wall sign or projecting sign. Such sign shall conform to the height, size and setback requirements applicable to monument signs in Districts "C-O" and "CP-O".
4. 
In the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) additional detached sign may be permitted identifying the entire center. A gasoline service station, designed as part of the center, may also have a detached monument sign. All other signs in the center shall consist of wall, projecting or marquee signs. The detached monument sign shall conform to the height, size and setback requirements applicable to monument signs in Districts "C-O" and "CP-O".
5. 
Drive-through restaurants and car washes may have two (2) menu boards located in conjunction with each drive-through lane. Such sign shall not exceed eight (8) feet in height or thirty-two (32) square feet of sign area per face. Drive-in restaurants or food service establishments with walk-up service windows may have one (1) menu board per order station. Menu boards for drive-in service shall not exceed eight (8) square feet of sign area per face and menu boards for walk-up service shall not exceed thirty-two (32) square feet of sign area per face. All menu boards shall be oriented toward the location of the vehicle or pedestrian being served and shall not contain lettering that exceeds six (6) inches in height.
6. 
For buildings with a non-retractable awning, canopy or covered walkway along one (1) or more sides of the building, a sign may be hung or mounted under the canopy or covered walkway identifying each business with an exterior ground-floor entrance. Such signs shall be located at or near the business entrance, shall be oriented toward pedestrians on the walkway and shall not exceed three (3) square feet in sign area per face. One (1) sign shall be permitted per business entry.
E. 
Districts "C-2A", "MS1" And "MS2".
1. 
Each business or commercial establishment shall be permitted signage as follows:
a. 
Three (3) wall signs, not more than one (1) on a facade, provided that the area of each sign shall not exceed ten percent (10%) of the total area of the facade upon which it is placed. Such signs shall not extend above the height of the wall upon which they are mounted.
b. 
In lieu of one (1) of the wall signs, one (1) projecting sign shall be permitted for each establishment, provided that the area of such projecting sign does not exceed ten percent (10%) of the total area of the facade upon which it is attached or ten (10) square feet, whichever is more, and does not extend above the roof level of the building where the sign is located. The lowest point of such sign must be a minimum of seven (7) feet above the ground or sidewalk.
c. 
A combination of a wall sign and projecting sign shall also be allowed, in which case the total area of both signs shall not exceed ten percent (10%) of the total area of the facade upon which the signs are attached. The projecting sign shall not be more than ten (10) square feet.
2. 
In addition to the permitted wall signs, one (1) pedestrian oriented sign per business entry shall be permitted to be placed beneath a non-retractable awning and/or canopy that extends from the building. Such sign shall be limited to three (3) square feet in area and may be internally illuminated. The lowest point of such sign must be a minimum of seven (7) feet above the ground or sidewalk. In lieu of said pedestrian oriented sign, one (1) non-illuminated identification sign, not more than three (3) square feet in area, may be placed on the wall at each major entrance to the building. The highest point of the sign may be no higher than seven (7) feet above the sidewalk.
3. 
Project identification signs for a residential project may be permitted at each entrance to the project. All project identification signs shall be monument signs and, except as hereinafter provided, shall be located on the premises. Such signs shall not exceed six (6) feet in height above the average grade and the sign face shall not exceed fifty (50) square feet in area per face. If not sitting within the landscaped setback, the sign base shall be located within a curbed landscaped area extending a minimum of three (3) feet on all sides of the sign base. Where a project is situated on both sides of a public or private street, one (1) project identification sign may be located on each side of the street or, alternatively, one (1) project identification sign may be located in a landscaped median with the approval of the Planning Commission. Where a project identification sign is to be located in the public right-of-way, plans shall be submitted to the Planning Commission indicating the location, size and design of the project identification sign as well as a copy of the bylaws or other documentation of the association which will have permanent responsibility for maintenance of the sign and required landscaping.
4. 
On property zoned "MS2", monument signs are permitted subject to the following restrictions:
a. 
One (1) detached monument sign shall be permitted for each building in lieu of one (1) wall sign or projecting sign; provided however, that in the case of a shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, one (1) detached monument sign shall be permitted for the entire center.
b. 
The minimum setback from the right-of-way line to the closest building or buildings on the lot must be equal to or greater than fifteen (15) feet.
c. 
Such sign shall not exceed six (6) feet in height above average grade and the sign face shall not exceed fifty (50) square feet in area per face. If not sitting within the landscaped setback, the sign base shall be located within a curbed landscaped area which is equal to or greater than two hundred (200) square feet.
d. 
The minimum setback for the monument sign is ten (10) feet.
5. 
Monument signs are not permitted in the "C-2A" and "MS1" Districts unless a sufficient ten (10) foot setback exists for such a sign.
6. 
In the area defined in Section 410.330 as the Downtown District, the following requirements shall apply:
a. 
Window signs are geared towards pedestrians and therefore should be no larger than ten percent (10%) of the storefront glazing. Signs should be of a permanent nature applied directly on the glass. No placards or poster board panels leaning in windows are allowed, except for open/closed signs that shall be no larger than one (1) square foot.
b. 
No canopies, panels or awnings which span through two (2) or more storefronts shall be allowed. Backlit awnings are permitted only if the awning is opaque. If a portion of a backlit awning is not opaque, then that portion shall be considered a "sign".
F. 
Districts "C-1", "CP-1", "C-2", "CP-2", "C-2A", "C-2B", "CP-2B", "MS1" And "MS2". Where one (1) retail establishment (the "subtenant") leases space and conducts business within another retail establishment (the "primary tenant") but does not have an exterior business facade and an exterior door leading directly to the subtenant space, one (1) exterior wall sign may be permitted if the following conditions are met:
1. 
The subtenant's business establishment occupies at least one hundred (100) square feet of floor area and is staffed and open for business during predetermined hours.
2. 
The primary tenant's business establishment occupies at least twenty-five thousand (25,000) square feet of floor area.
3. 
The subtenant's business is a separate legal entity from the primary tenant's business, as opposed to a department, division or subsidiary of the primary tenant's business.
4. 
A sign criteria for the building or shopping center has been submitted to and approved by the Planning Commission which specifically provides for subtenant signage, including standards for the sign location, size, style, color and content. Such sign criteria shall include scale drawings of the facades of all primary tenants where subtenant signs are authorized showing the permitted locations for subtenant signs.
5. 
The total area for all signs on the same facade does not exceed the allowable signage area for that district.
The sign permit application for a subtenant sign shall include a scale drawing of the primary tenant's facade showing the location and size of the subtenant sign and all other signage on that facade. The application shall also include a copy of the lease agreement between the subtenant and the primary tenant or other documentation acceptable to the City Attorney that the two (2) businesses are separate legal entities. The provisions of this Section for subtenant signs shall not apply to businesses within an enclosed shopping mall or to businesses that are conducted primarily by automated machines.
G. 
Interior neon signs or tubes as defined in this Subsection shall be allowed only in Districts "C-1", "CP-1", "C-2", "CP-2", "C-2A", "MS1", "MS2", "MP" and "M-1". If such signs or tubes are within forty-eight (48) inches of any window or door and visible from outside the building, then such sign or tubing shall not occupy an area greater than ten (10) square feet and only one (1) such neon sign area shall be allowed per business; provided however, that such signs under three (3) square feet shall not be required to have a sign permit. All such neon signs or tubes shall not blink, flash or otherwise be used to display intermittent lighting sequences or to simulate motion. Permitted neon tubes or signs shall be installed, wired and inspected in accordance with the adopted building codes of the City of Mission. Neon signs shall not be addressed towards residential areas.
H. 
Any neon sign or tubes removed for other than repair shall not be replaced with any other sign or surface which is not in compliance with existing laws and requirements.
I. 
In districts where automated teller machines (ATMs) are permitted, up to three (3) signs are permitted, no more than one (1) per machine/canopy face, identifying the ATM or the bank, financial institution or ATM network associated with that machine. Such signs shall not exceed eight (8) square feet in area. In addition, one (1) non-illuminated sign is permitted per ATM to identify the types of ATM cards accepted or special instructions to ATM users. Such sign shall not exceed four (4) square feet in area, shall be mounted flush to the side of the machine and shall not require a sign permit.

Section 430.100 Signs Permitted in Conjunction With Special Use Permits.

[Ord. No. 1091 §§1 — 3(App. A §430.100), 9-24-2003]
A. 
In the case of special use permit uses, all wall and detached signs shall be approved by City Council after recommendation from the Planning Commission, except where private sign criteria have been previously approved for the development.
B. 
The special use permit for signage shall be processed as required in Sections 440.050 through 440.140.
C. 
Where appropriate, the sign regulations of the underlying zoning district or the most analogous zoning district may be followed.

Section 430.110 Additional Regulations Applicable To All Districts.

[Ord. No. 1091 §§1 — 3(App. A §430.110), 9-24-2003; Ord. No. 1142 §21, 12-8-2004; Ord. No. 1259 §9, 5-21-2008]
A. 
No sign may be located such that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public or private streets or driveways. No detached sign/ground-mounted sign with a height of more than thirty-six (36) inches above the road level shall be located in the sight distance triangle on a corner lot, the short leg of which shall be twenty (20) feet and the long leg of which shall be one hundred forty (140) feet measured along the curb line or edge of pavement.
B. 
No sign may be erected such that by its location, color, size or shape, it would tend to obstruct the view of or be confused with traffic signals or other signs erected by governmental agencies.
C. 
All signs shall be of sound structural quality, be maintained in good repair and have a clean and neat appearance. Land adjacent to such signs shall be kept free from debris, weeds and trash. If signs are not being maintained as described and the Director of Public Works deems them a public hazard or nuisance, such signs shall be ordered repaired or removed.
D. 
No part of any sign shall be located closer than ten (10) feet from a side or rear property line.
E. 
Time and/or temperature instruments may be permitted provided they are designed in harmony with the building and are architecturally compatible. Such signs shall be approved by City Council.
F. 
The dimensions of a backlighted sign, canopy or panel shall be measured by constructing a rectangle from the highest, lowest and widest points of such object, display or surface which displays a light source, except that the opaque surfaces immediately related to or a part of that same sign or panel shall also be calculated in the dimensions of the sign. Provided further, in calculating the dimensions of a continuous panel which spans at least eighty percent (80%) of any one (1) facade of a single or common structure with multiple tenants, the continuous opaque areas between, over and below the lighted areas for such independent operations shall not be calculated to determine the dimensions of the signs, canopies or panels.
G. 
The dimensions of a wall sign shall be measured by constructing a rectangle from the highest, lowest and widest points of such object, display or surface.

Section 430.120 Private Sign Criteria.

[Ord. No. 1091 §§1 — 3(App. A §430.120), 9-24-2003]
All hotels and motor hotels and shopping centers, business parks, office parks or industrial parks shall be required to prepare a set of sign criteria governing all exterior signs in the development. Such criteria shall be binding upon all subsequent purchasers or lessees within the development. The size, colors, materials, styles of lettering, appearance of logos, types of illumination and location of signs shall be set out in such criteria. In all respects, the criteria shall be within the regulations set out in this Code and shall be for the purpose of assuring harmony and visual quality throughout the development. Final development plans (in the case of a planned zoning district) or building permits (in the case of a conventional zoning district) shall not be approved until the Planning Commission has approved the sign criteria. No sign permit shall be issued for a sign that does not conform to the criteria. For purposes of this Section, the terms "shopping centers, business parks, office parks or industrial parks" shall mean a project of one (1) or more buildings that has been planned as an integrated unit or cluster on property under unified control or ownership at the time that zoning was approved by the City. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with these regulations relative to the number of detached signs, harmony and visual quality of signs to be installed.

Section 430.130 (Reserved) [1]

[1]
Editor's Note — Ord. no. 1259 §10, adopted May 21, 2008, repealed section 430.130 "political signs" in its entirety. Former section 430.130 derived from ord. no. 1091 §§1 — 3(App. A §430.130), 9-24-03. At the editor's discretion, this section has been reserved for the city's future use.

Section 430.140 Removal of Obsolete Signs.

[Ord. No. 1091 §§1 — 3(App. A §430.140), 9-24-2003; Ord. No. 1259 §11, 5-21-2008]
A. 
If a building, structure or premise is vacated for a six (6) month period of time, the owner of said property shall be responsible for removing any off-site or on-site signs with the exception of advertisements dealing with the sale or leasing of the facility. In addition, the owner shall be responsible for restoring the facade of the building, structure or premise.
B. 
If the time period set forth in Subsection (A) has elapsed and the sign or signs have not been removed, the Code Enforcement Officer shall send written notification by certified mail, return receipt requested, to the property owner of record indicating that the sign shall be removed. If the sign has not been removed within thirty (30) days after the receipt of the notice, the City may have the sign removed and the cost assessed to the property owner.
C. 
Where a sign has been removed by the City pursuant to Subsection (B), the City Clerk shall mail a statement of the cost of removal of said sign or signs to the last known address of the owner of record or person in charge of such property. If such costs are not paid within ten (10) days from the mailing of such notice, the Governing Body shall proceed to pass an ordinance levying a special assessment for such cost against the lot or piece of land and the City Clerk shall certify such assessment to the County Clerk for collection and payment the same as other assessments and taxes are collected and paid to the City.

Section 430.150 Temporary Signs.

[Ord. No. 1259 §12, 5-21-2008]
A. 
Purpose And Findings. The City of Mission is enacting this Section to establish reasonable regulations for the posting of temporary signs on public and private property. Temporary signs left completely unregulated can become a threat to public safety as a traffic hazard and detriment to property values as an aesthetic nuisance. By implementing these regulations, the City intends to:
1. 
Balance the rights of individuals to convey their messages through temporary signs and the right of the public to be protected against the unrestricted proliferation of signs;
2. 
Further the objectives of the City's Comprehensive Plan;
3. 
Protect the public health, safety and welfare;
4. 
Reduce traffic and pedestrian hazards;
5. 
Protect property values by minimizing the possible adverse effects and visual blight caused by signs;
6. 
Promote economic development; and
7. 
Ensure the fair and consistent enforcement of the temporary sign regulations specified in the following provisions.
B. 
Temporary Signs Permitted In All Zones.
1. 
Temporary signs may be posted on property in all zones of the City, subject to the following requirements and those applicable provisions stated elsewhere in the City's sign ordinance.
2. 
The total square footage for temporary signs in any district, in the aggregate, shall not exceed forty-eight (48) square feet, with no individual sign exceeding sixteen (16) square feet. The total square footage of a sign is measured to include all of the visible display area of only one (1) side of the sign and only the area of one (1) side of a double sign is included in the aggregate calculation.
3. 
No temporary sign shall 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.
4. 
No temporary sign shall be illuminated or painted with a light-reflecting paint.
5. 
A temporary sign shall only be posted with the consent of the property owner or applicant.
6. 
A temporary sign may be posted for a period of up to sixty (60) days, at which time the sign shall be removed for a period of at least sixty (60) days, except for real estate signs advertising property for sale or lease, which may remain until the property is sold or leased.
C. 
Authorization Required For Posting Temporary Signs In The Public Rights-Of-Way. Temporary signs shall not be posted in the public rights-of-way without obtaining a permit for such posting from the Director of Community Development or the Director of Community Development's designee and pursuant to the Department of Community Development's policy regarding the posting of signs in the public rights-of-way. This restriction includes the posting of temporary signs on trees, utility poles and other structures within the rights-of-way.
D. 
Removal Or Replacement Of Signs.
1. 
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.
2. 
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.
3. 
If the Director Of Community Development or the Director of Community Development's designee finds that any sign is posted in violation of these regulations on private property, (s)he shall give written notice to the person who has posted or directed the posting of the sign. If that person fails to remove or replace the sign so as to comply with the standards herein set forth within seventy-two (72) hours after such notice, such sign may be removed by the Director.
4. 
The Director of Community Development or the Director of Community Development's designee may immediately remove temporary signs posted on public property or rights-of-way in violation of this Section and file a civil complaint against the person who posted the sign to recover the cost of removing the sign.