COMMITTEE
SUBSTITUTE ORDINANCE NO. 190514, AS FURTHER AMENDED
Amending Chapter 88, the Zoning and Development Code,
Section 88-445-14-B.5. Outdoor Advertising Signs, Legal Nonconforming Outdoor
Advertising Signs to allow certain existing legal nonconforming signs to be
altered by installing electronic or digital display, in conjunction with
removal of existing signs; reducing the contingent appropriation in the amount
of $1,000.00; appropriating $1,000.00 from the Unappropriated Fund Balance of
the General Fund for the purpose of notifying
neighborhood associations registered with the City about this ordinance;
and recognizing this ordinance as having an accelerated effective date .
(CD-CPC-2019-00101)
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Section
88-445-14-B.5. Outdoor Advertising Signs, Legal Nonconforming Outdoor
Advertising Signs is hereby repealed and a new section of like number and title
is hereby enacted, with said new section to read as follows:
5. LEGAL NONCONFORMING OUTDOOR ADVERTISING SIGNS
Legal
nonconforming outdoor advertising signs may remain, subject to the following
provisions in addition to the provisions of 88-445-15-C.:
(a) Legal
nonconforming outdoor advertising signs may be repaired as needed to maintain
the safety and appearance of the sign face and structure.
(b) Lighting and/or
electronic or digital displays may not be added to legal nonconforming signs,
unless as permitted under-445-14-B.5.(k).
(c) Should a legal
nonconforming outdoor advertising sign be destroyed by any means or
deteriorates to an extent of more than 50 percent of its replacement cost at
time of the destruction or deterioration, it may not be reconstructed and must
be removed.
(d) A legal
nonconforming outdoor advertising sign may not be enlarged or altered in a way
which increases its nonconformity, but any structure or portion thereof may be
altered to decrease its nonconformity.
(e) Should such legal
nonconforming outdoor advertising sign be moved for any reason for any distance
whatever, it must thereafter conform to the regulations of the district in
which it is located after it is moved.
(f) Legal nonconforming
outdoor advertising signs may not be enlarged or extended, nor may the height
be increased.
(g) If a legal
nonconforming outdoor advertising sign remains blank for a continuous period of
45 days, that outdoor advertising sign is deemed abandoned and no longer be
deemed a legal nonconforming sign, and the owner will have 30 days to remove
the sign. The notice and cure periods of
Section 88-445-14-B.7(c)(1) and Sections 88-445.15-A and 88-445-15-C.6 shall
not apply to “blank” nonconforming outdoor advertising signs. For
purposes of this section, a sign is "blank" if:
(1) It advertises a
business, service, commodity, accommodation, attraction, event, or other
enterprise or activity that is no longer operating or being offered or
conducted; or
(2) The advertising
message it displays becomes illegible in whole or substantial part; or
(3) No advertising
copy is visible on the sign; or
(4) The
advertising copy promotes only the rental of the sign.
(h) Legal
nonconforming outdoor advertising signs using electronic or video technology
must comply with the following requirements:
(1) Such technology
must be programmed so that the message or image on the sign changes no more
often than once every 8 seconds;
(2) There may be no
effects of movement, flashing, scintillation, or similar effects in the
individual images;
(3) 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;
(4) Video technology
in billboards 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 electronic, video or digital
display unit 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. Maximum brightness levels
for electronic, video or digital display signs may not exceed 5000 nits when
measured from the signs face at its maximum brightness, during daylight hours,
and 500 nits when measured from the signs face at its maximum brightness
between sunset and sunrise, as those times are determined by the National
Weather Service.
(i) Nonconforming
outdoor advertising signs must comply with subsection 6 of this section.
(j) Notwithstanding
the specific provisions of this subsection or any other provision in this
chapter concerning signs, one or more existing legal nonconforming signs which
is located within 660 feet of an interstate highway may be altered by
installing an electronic, digital, or other changeable copy display and the
required supporting structures, cabinets, and electronic fixtures, or a
tri-face or tri-vision changeable copy display, under the following conditions:
(1) The alteration of
the existing legal nonconforming signs are done in conjunction with the removal
of a separate legal nonconforming sign located in the City that is the subject
of a condemnation action or under threat of condemnation by the City or other
condemning authority.
(2) The removal of the
separate legal nonconforming sign is necessary to accomplish a public purpose.
(3) The separate legal
nonconforming sign to be removed is located in a redevelopment area established
by the City Council pursuant to the Real Property Tax Increment Allocation
Redevelopment Act, the Urban Redevelopment Corporations Law, the Land Clearance
for Redevelopment Authority Law, or the Planned Industrial Expansion Law.
(4) The removal of the
separate legal nonconforming sign will result in an overall decrease in the
total number of legal nonconforming signs in the City and, upon the removal of
the separate legal nonconforming sign, and the alteration of the existing legal
nonconforming sign, the nonconforming signage rights of the separate legal
nonconforming sign owner shall be discontinued, abandoned, or otherwise
terminated.
(5) The alteration of
the existing legal nonconforming sign shall be done in conjunction with a plan
approved by the City Council in settlement of a condemnation action or under
threat of condemnation by the City or other condemning authority.
(k) Notwithstanding
the specific provisions of this subsection or any other provision in this
chapter concerning signs, an existing legal nonconforming sign which is located
within 660 feet of an interstate highway may be altered by installing an
electronic or digital display, and the required supporting structures, cabinets,
and electronic fixtures, under the following conditions:
(1) Notwithstanding
the specific provisions of this subsection or any other provision in this
chapter concerning signs the sign owner, lessee, or licensee shall apply for
and must obtain a sign permit from the city planning and development director
prior to any conversion.
(2) No digital
conversion shall be permitted:
a. Along Interstate
Highway 49 or that portion of U.S. Highway 71 located south of Interstate
Highway 70 to Red Bridge Road;
b. Within an R zoning
classification or within 250 feet of any improvement wholly occupied as
residential;
c. Directed toward
and within 500 feet any residential unit located in an R zoning classification;
or
d. Within 1400 feet
of an existing electronic or digital outdoor advertising sign on the same side
of the interstate highway.
(3) The application
shall be accompanied by a signage plan including:
a. The location and
size in square footage of the legal nonconforming sign to be converted;
b. The locations and
sizes in square footage of the existing signs to be removed;
c. The submission of
stamped drawings from an engineer, showing required structural replacements,
upgrades and alterations, if any, necessary to support the weight of the added
digital technology necessary for the conversion legal nonconforming sign; and
d. A statement that
the signs being removed meet the removal criteria in this subsection.
(4) In the case of a
digital conversion, at least 7 times the surface square footage for poster
board signs (10’6” x 22’9”) and junior poster board signs (6’ x 12’) and 3
(three) times the surface square footage for bulletin board signs (14’ x 48’) shall
be removed in conjunction with the conversion of the approved electronic or digital
display. All other signs or sign faces located on the structure of the existing
sign to be removed, along with the structure, shall also be removed.
(5) Issuance of the
permit shall be conditioned upon removal of existing signs and structures, as identified
on the signage plan, prior to activation of electronic or digital display. Upon
the issuance of the permit the applicant may begin removing the existing signs
and structures identified on the signage plan and begin the conversion of the
existing sign to electronic or digital display. The electronic or digital
display may not be activated until the city planning and development director
has authorized such activation pursuant to this subsection and the conditions
of the permit. Upon the removal of the existing signs and structures to be
removed pursuant to the permit, the applicant shall submit certification and
evidence of removal in the form required by the city planning and development
director. Within 30 calendar days of receipt of such certification and
evidence, the city planning and development director shall review the
certification and evidence that the signs and existing structures have been
removed and notify the applicant in writing as to whether or not there are any
deficiencies in the removal of the signs and structures or whether activation
of electronic or digital display may occur. Any denial of activation of the
electronic or digital display shall include a written explanation of such
deficiencies. The applicant shall have 60 days to address any deficiencies.
Failure of the applicant to satisfy all conditions of the permit, including removal
of all signs and structures within this period, violates this subsection and
shall be grounds for revocation of the permit. Further, activation of
electronic or digital display prior to approval by the city planning and
development director shall be grounds for revocation of the permit.
(6) Subject to
approval of the city planning and development director, at any time prior to
removal of the existing signs, the applicant may identify alternate signs to be
removed in the event the applicant incurs issues in the removal of the signs
previously identified for removal, provided that the total amount of square
footage of sign surface to be removed has been met or exceeded.
(7) The exact
locations of any signs that are removed pursuant to this subsection shall
continue to be used for the purpose of future calculations regarding spacing
between outdoor advertising signs, such that the removal of one sign does not
allow for construction of a new sign in the same area.
(l) Digital
conversion pursuant to this subsection shall not constitute maintenance or
repair subject to other provisions governing maintenance and repair under this
chapter.
(m) No sign owner,
lessee, or licensee may have more than eleven permits for electronic or digital
displays within the corporate limits of the City of Kansas City, Missouri at
any one time.
(n) All sign companies
shall make their electronic/digital signs available for emergency weather
announcements or alerts, at no charge, as requested by the city manager. In
addition, the city shall have the use of any electronic/digital sign for public
service announcements on a space available basis pursuant to a written request
from the city manager.
(o) Notwithstanding the specific provisions
of this subsection or any other provisions in this chapter concerning signs, an
existing electronic/digital display outdoor advertising sign may be relocated
to another location on an interstate highway that contains an existing sign
without electronic or digital display meeting the State of Missouri’s requirements
contained in Section 226.500, et seq, RSMo, and the City’s Code of Ordinances,
except that no relocation shall be permitted:
(1)
Along Interstate Highway 49 or
that portion of US Highway 71 located south of Interstate Highway 70 to
Red Bridge Road;
(2)
Within an R zoning classification
or within 250 feet of any improvement wholly occupied as residential;
(3)
Directed toward and within 500
feet of any residential unit located in an R zoning classification; or
(4)
Within 1400 feet of an existing
electronic or digital outdoor advertising sign on the same side of
the interstate highway.
Section 2. That the appropriation in the following account
of the General Fund is reduced by the following amount:
20-1000-179990-B
Contingent Appropriation $1,000.00
Section 3. That the amount of $1,000.00
is appropriated from the Unappropriated Fund Balance of the General Fund
in the following account:
20-1000-101520-B City Wide
Marketing $1,000.00
Section 4. That the Acting City Manager
is authorized to expend a sum not to exceed $1,000.00 from funds appropriated
to Account No. 20-1000-101520-B for the purpose
of notifying neighborhood associations registered with the City about this
ordinance.
Section 5. This ordinance,
relating to the appropriation of money, is recognized as an ordinance with an
accelerated effective date as provided by Section 503(a)(3)(C) of the City
Charter and shall take effect in accordance with that section.
_____________________________________________
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:
___________________________________
Sarah
Baxter
Assistant
City Attorney
I hereby certify that
there is a balance, otherwise unencumbered, to the credit of the appropriation
to which the foregoing expenditure is to be charged, and a cash balance,
otherwise unencumbered, in the treasury, to the credit of the fund from which
payment is to be made, each sufficient to meet the obligation hereby incurred.
___________________________________
Tammy
L. Queen
Director
of Finance
Approved
as to form and legality:
___________________________________
Sarah
Baxter
Assistant
City Attorney