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Legislation #: 190514 Introduction Date: 6/20/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
6/20/2019 Filed by the Clerk's office
6/26/2019 Hold On Agenda (7/10/2019)
7/10/2019 Hold On Agenda (7/17/2019)
7/17/2019 Hold On Agenda (9/18/2019)
6/20/2019 Referred to Neighborhood Planning and Development Committee
9/18/2019 Hold On Agenda (10/9/2019)
10/9/2019 Hold On Agenda (10/23/2019)
10/23/2019 Hold On Agenda (12/4/2019)
12/4/2019 Hold On Agenda (12/11/2019)
12/11/2019 Without Recommendation As a Substitute
12/12/2019 Assigned Third Read Calendar as Substituted
12/19/2019 Councilmember Shields (Second by Lucas) Move to Amend
12/19/2019 Passed as Substituted and Amended
12/19/2019 Failed
12/19/2019 Councilmember Hall (Second by Shields) Move to Reconsider
12/19/2019 Passed as Substituted
1/9/2020 Councilmember Shields (Second by Fowler) Move to Reconsider
1/9/2020 Councilmember Shields (Second by Fowler) Further Amended
1/9/2020 Councilmember Shields (Second by Fowler) Move to Advance as Substituted
1/9/2020 Passed As Substituted And Further Amended

View Attachments
FileTypeSizeDescription
190514.pdf Authenticated 290K Authenticated Ordinance
190514 Speaker Cards.pdf Other 483K Public Testimony Speaker Cards
Public Testimony Documents 190514.pdf Other 111K Public Testimony Documents
Public Testimony Documents 190514.pdf Other 1431K Pubic Testimony Documents
190514 cs to org ord-com (2).docx Compared Version 47K 2nd compared version
190514 ppt.pptx Reports 203K powerpoint presentation
REVISED_Ordinance 190514_Fact Sheet Staff Report_NPD_12-11-2019.pdf Fact Sheet 674K REVISED fact sheet with staff report
Need CS for 12-04-2019_NPD_190514 cs to org ord-com.docx Compared Version 42K proposed compared version in Word
Need CS for 12-04-2019_NPD_190514 cs to org ord-com.pdf Compared Version 283K proposed compared version
190514_fact sheet with staff report.pdf Fact Sheet 1013K fact sheet with staff report
190514.pdf Other 375K Handouts
190514com.docx Compared Version 26K compared version

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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