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.
_____________________________________________
I hereby certify that as required by Chapter 88,
Code of Ordinances, the foregoing ordinance was duly advertised and public
hearings were held.
___________________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
___________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney