COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150312

Amending Chapter 88, the Zoning and Development Code, Section 88-445-11, to allow for the approval of a council approved signage plan for digital signs on residentially zoned properties.  (254-S-293)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 88-445-11, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

88-445-11 COUNCIL APPROVED SIGNAGE PLAN

88-445-11-A. PURPOSE

The Council Approved Signage Plan approval process is intended to integrate the design of the signs proposed for a development project with the design of the structures, into a unified architectural statement and allow flexibility in the size, height, duration, number, and type of allowed signs. A Council Approved Signage Plan provides a means for defining common sign regulations for large or unique developments, to encourage maximum incentive and latitude in the design and display of signs and to achieve, not circumvent, the intent of this chapter.

88-445-11-B. APPLICABILITY

1.      An applicant may apply for Council Approved Signage Plan approval for any property zoned B3, B4, D, UR, M, MPD, SC, or KCIA having a minimum of 10 contiguous acres of area, except that the minimum zoning and acreage requirement shall not apply to property within the downtown loop. Approval of a Council Approved Signage Plan shall require findings specific to the request that reflect the land use and design elements which specifically relate to the special circumstances associated with the application.

2.      An applicant may apply for a Council Approved Signage Plan for any lot zoned R containing a minimum of 15 acres, or for any lot (or any two contiguous lots under common ownership) containing a minimum of 10 acres, located adjacent to an arterial (as shown on the major street plan) to allow the installation of a noncommercial digital sign face on one otherwise allowable monument sign, subject to the standards of 88-445-11-E.

88-445-11-C. APPROVAL AUTHORITY

A Council Approved Signage Plan may be approved by the city council after recommendation of the city plan commission. A public hearing will be held by both the commission and a city council committee on the proposed plan before approval or denial. Notification of the city plan commission hearing shall be given in accordance with 88-515-04.

88-445-11-D. APPLICATION REQUIREMENTS

An application for a Council Approved Signage Plan shall include all information and materials required by 88-445-10-B.

88-445-11-E. STANDARDS

A Council Approved Signage Plan shall comply with the following standards:

1.      The plan shall comply with the purpose of this chapter and the overall intent of this section;

2.      The signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Council Approved Signage Plan, to the structures and/or developments they identify, and to surrounding development and neighborhoods;

3.      The signs will not create a safety or traffic hazard.

4.      The plan shall accommodate future revisions that may be required because of changes in use or tenants; and

5.      The plan shall comply with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, duration, type, and/or height to the extent that the Council Approved Signage Plan will enhance the overall development and will more fully accomplish the purposes of this chapter.

6.      Banner signs shall only be allowed if attached to light poles with frames on the top and bottom of the banners.

7.      Neither the proposed message to be displayed nor the character of the use on the property may be a factor in the decision to approve the signage plan.

8.      A Council Approved Signage Plan for any property zoned R submitted in accordance with 88-445-11-B. 2. must comply with the following:

a.       The message or image may not change more than once every hour.

b.      Changes of image must be instantaneous as seen by the human eye and may not use fading, rolling, window shading, dissolving, or similar effects as part of the change.

c.       Digital signs must use automatic level controls to reduce light levels at night and under cloudy and other darkened conditions, in accordance with the standards set forth in this subsection. All digital signs must have installed ambient light monitors, and must at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions, not to exceed 1 nit (0.3 foot candles) above ambient light. Additionally, maximum brightness levels for electronic and digital signs may not exceed 5000 nits when measured from the sign’s face at its maximum brightness during daylight hours, and 500 nits when measured from the sign’s face at its maximum brightness between sunset and sunrise, as those times are determined by the National Weather Service. Measurements shall be taken perpendicularly from each sign face at a distance of not more than 57 feet from the sign face.

d.      The sign must be located at least 100 feet from any other residentially zoned and occupied property, and must be set back at least 100 feet from the edge of any right of way.

e.       No commercial message or image may be displayed on such sign.

f.       The sign must not be located within 150 feet of a public park or a parkway or boulevard.

g.      The sign must not be located on a lot that is within a designated conservation or historic district or a lot where there exists a designated historic landmark.

h.      The sign may not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.

i.        The background color of the sign shall not be white.

j.        The digital display must be turned off if the display is not properly functioning.

k.      The monument sign must be set upon a solid base of material and design compatible with that of the development, and the width of the base must be a minimum of 75 percent of the width of the widest part of the sign.

l.        The noncommercial digital sign may only be allowed as an accessory use located on the same lot(s) as the principal noncommercial use.

88-445-11-F. TIME FOR DETERMINATION

The city plan commission shall make its recommendation on the Council Approved Signage Plan within sixty days of the applicant's submittal of all required information and materials, unless the applicant has requested a time extension or continuance which has delayed the process. The city council shall make its determination within thirty days after the city plan commission's recommendation, unless the applicant has requested a time extension or continuance which has delayed the process.

88-445-11-G. REVISIONS TO COUNCIL APPROVED SIGNAGE PLAN.

Minor revisions to a Council Approved Signage Plan may be approved by the city planning and development director if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new Council Approved Signage Plan.

88-445-12-H. CERTIFICATION

Within 30 days of the installation of any electronic or digital sign approved by a Council Approved Signage Plan, the applicant shall submit certification provided by a qualified individual or company as to compliance with provisions of this section or as specifically required by the city council in its approval of the plan.

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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

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Secretary, City Plan Commission

Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney