SECOND
COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150444
Amending Chapter 88, Section
88-445, Signs, to make revisions regarding the size, location and abandonment
of signs.
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That Chapter
88, Zoning and Development Code, is hereby amended by repealing Sections
88-445-01, 88-445-02, 88-445-08-D and 88-445-15, and replacing said sections
with new sections of like number and subject matter, to read as follows:
88-445-01 INTENT AND APPLICABILITY
88-445-01-A.
INTENT
The intent of this chapter is to
provide an orderly, effective and reasonable control of off-premises and
on-premises signs, thereby halting indiscriminate sign proliferation and
enhancing the visual environment of the city and to achieve balance among the
following different and at times, competing goals:
- to encourage the effective use
of signs as a means of communication for businesses, organizations and
individuals in Kansas City;
- to provide for adequate
way-finding in the community, thus reducing traffic congestion;
- to provide adequate means of
business identification, advertising and communication;
- to prohibit signs of such
excessive size and number that they obscure one another to the detriment
of the economic and social well-being of the city;
- to protect the safety and
welfare of the public by minimizing hazards to vehicles and pedestrians;
- to preserve property values by
preventing unsightly and chaotic signage that has a blighting influence on
the city;
- To differentiate among those
signs that, because of their location, lighting, movement or other
characteristics may distract drivers on public streets and
those that may provide information in a safer manner;
- to minimize the possible
adverse effects of signs on nearby public and private property;
- to implement the goals of the
comprehensive plan,
- to protect the constitutional
rights of our citizens.
88-445-01-B.
SIGNS EXEMPT FROM REGULATION
The following signs are exempt
from regulation under this chapter:
- any public notice or warning
required by a valid and applicable federal, state, or local law,
regulation, or ordinance, or by order of a court of competent
jurisdiction;
- any sign not visible from a
right of way or from any property other than the property on which it is
located;
- traffic control signs on
private property, such as Stop, Yield, and similar signs, the faces of
which meet standards set forth in the Manual on Uniform Traffic
Control Devices and which contain no commercial
message of any sort; and
- numbers, letters and symbols or
other configurations not representing a commercial message which are
etched as metal or masonry cornerstone plates or imbedded into the facade
of any building or
other structure.
88-445-01-C.
SIGN PERMITS
Signs may only be constructed
after issuance of a sign permit according to the regulations of the building
code.
88-445-01-D.
PROHIBITED SIGNS
- The following signs are
expressly prohibited in all districts:
- animated
signs;
- banners, except as
specifically allowed as special event temporary signs elsewhere in this
chapter, or as specifically allowed in a Council Approved Signage Plan;
pennants; andwind-blown
signs;
- portable
signs;
- vehicle signs; for purposes of
this section, a vehicle parked containing a commercial
message or image and regularly parked on the street side
of any business and not regularly and customarily used in the business;
- signs on benches;
- signs on trees;
- signs on utility poles
(not within the right-of-way), other than signs installed by the utility
and related to the utility facility;
- signs blocking required means
of egress from a building; and
- signs within the public
right-of-way or on public property, except signs posted in accordance
with this chapter, or projecting
signs as allowed by this chapter.
- The list of prohibited sign
types is not exclusive; any sign that is not exempt from this chapter, not
established as a lawful nonconforming
sign, or not expressly allowed by this chapter is a prohibited
sign.
88-445-01-E.
APPLICABILITY
No sign or outdoor
advertising device as defined by this development code may be
placed, erected, altered, rebuilt, enlarged, extended, relocated,
maintained, or allowed to remain except according to the regulations of
this chapter.
88-445-02 Sign Measurement and
Interpretation
88-445-02-A.
Sign Area
- The area of a cabinet
sign will be computed by the smallest rectangle or circle
necessary to encompass the entire perimeter enclosing the extreme limit of
all elements composing such sign but not including any structural elements
lying outside the limits of the sign and not forming an integral part of
the display.

- The area of a channel
sign (individual letters, numbers, or symbols with no
background) will be measured by the sum of all rectangular areas necessary
to encompass each letter, number, or symbol.

- Except for cabinet sign or
channel signs as defined above, the area of a sign upon a wall, canopy,
awning, or marquee shall be computed by the smallest rectangle or circle
necessary to encompass the entire perimeter enclosing text and logo, but
not including any structural elements lying outside the limits of the sign
and not forming an integral part of the display.
- Each individual message or logo
separated by 18 inches or a space equal in width to two letters of the
sign, whichever is greater, will be counted as one sign toward the maximum
number allowed per elevation.
- When the sign faces of a
double-faced sign are parallel and the distance between the faces is 3
feet or less, only one display face will be measured in computing sign
area. If the two faces of a double-faced sign are of unequal area, the
area of the sign will be the area of the larger sign. In all other cases,
the areas of all faces of a multi-faced sign will be added together to
compute the area of the sign.

6. The
area of an outdoor advertising sign will be computed as in 1, above, except
that, temporary cutouts and extensions of an irregular shape installed for a
specific display will not be considered to be an increase in the size of the
permanent display; provided that the actual square footage of such temporary
cutouts or extensions may not exceed 20 percent of the permanent display area.
88-445-02-B.
Sign Height Measurement
The height of a sign
or sign
structure is measured from the lowest point of the ground directly
below the sign to the highest point on the sign or sign structure.
88-445-02-C. Sign Clearance
Measurement
Clearance is measured from the
highest point of the ground directly below the sign to the lowest point on the sign
structure enclosing the sign face.
88-445-02-D. Signs
inside windows.
Signs inside windows and doors on
any ground floor which are visible from any right of way may not include any
digital or electronic display nor any effects of movement, flashing, or similar
effects.
88-445-08-D. Awning, Canopy, Marquee and Under-Marquee
Signs.
- No awning, canopy, marquee or
under-marquee sign may project above the parapet of the building.
- The maximum length of under-marquee signs
shall be ½ the distance the marquee
or canopy projects from the wall, or 8 feet, whichever is less.
- Under-marquee signs may not hang
more than 24 inches below the lowest point on the marquee or canopy.
- All awning, canopy, marquee and
under-marquee signs must have a minimum clearance of 8 feet above the
sidewalk or ground below.
- Electronic, digital, or motorized
signage is not permitted.
6.
In calculating the area permitted
for canopy signage for gas and fuel sales establishments, the longest length of
the canopy shall be utilized to calculate the 10% wall area permitted for the
canopy signage, and this canopy signage may be placed on any side of the
canopy.
88-445-15 Unsafe Signs, Signs
in Disrepair and Nonconforming Signs
88-445-15-A.
Unsafe signs.
If the city planning and
development director finds that any sign is unsafe or insecure, or is a menace
to the public, they must give written notice to the owner
or lessee.
- If the owner or lessee fails to
remove or alter the sign to bring it into compliance with this chapter
within 30 days after the notice, the subject owner or lessee will be
deemed in violation of this chapter.
- The city planning and
development director is authorized to cause any sign that is an immediate
peril to persons or property to be removed immediately and without notice
to the owner or lessee.
88-445-15-B.
Signs in Disrepair
Any sign that is excessively
weathered or faded or upon which the paint has excessively peeled or cracked,
or is otherwise in disrepair, must, with its supporting members, be immediately
removed or restored to a good state of repair.
88-445-15-C.
Nonconforming Signs
- CONTINUANCE AND MAINTENANCE
OF NONCONFORMING SIGNS
Subject to the restrictions of this section, nonconforming
signs that were otherwise lawful at the time of installation
may be continued. Routine maintenance of legal nonconforming signs is
allowed, as defined in 88-810-992.
- ALTERATIONS AND EXPANSIONS
OF NONCONFORMING SIGNS
No structural
alteration, enlargement, expansion, or change in sign type
may be made to a nonconforming sign unless the alteration,
enlargement, expansion, or change will result in elimination of
the nonconforming aspects of the sign. Illumination, including electronic
or digital signfaces, may not be added to any nonconforming sign.
- STRUCTURAL REPAIRS
- Subject to compliance with the
code and the issuance of a building permit, and subject to the
limitations in b., below, the following structural repairs may be made to
a legally nonconforming sign:
1. Adding guys or struts for
the stabilization of the sign; and
2. Replacement of any pole or
beam for the stabilization of the sign.
- Within any five year period,
the total cumulative cost of the repairs under this subsection may not
exceed 50% of the replacement cost of the sign, and the repair activity
may not result in a change in the material of the replaced element of the
nonconforming sign or an enlargement, expansion, alteration, or other
change to the sign including, but not limited to, the relocation or
expanded dimension of poles and beams. Each application for a sign permit
for repair of a legally nonconforming sign under this subsection shall be
accompanied by an estimate from a sign fabricator of: (i) the
current actual market cost of labor and materials for the replacement of
the sign and (ii) the current actual market cost of labor and materials
for the proposed repair. The estimate shall itemize each element of cost
and shall be subject to review and approval by the director of city
planning and development, or designee, who may request additional data
and information. The director shall review and act within fourteen
(14) days of the date of the submission of the complete application for
sign permit.
- RELOCATION – GENERALLY
A nonconforming
sign may not be moved to another location unless doing so would
bring the sign into complete conformity with the provisions of this chapter.
- RELOCATION FOR PUBLIC PURPOSE
Notwithstanding
the specific provision in 3, above, or any other provision in this chapter
concerning signs, a nonconforming sign may be moved to another location without
conforming to the provisions of this chapter under the following conditions:
- An eminent domain action has
been filed in court by the City to effect the removal of the sign, or the
sign is under threat of condemnation by the City.
- The relocation of the sign is
necessary to accommodate a public purpose in the construction or
improvement of facilities of public interest.
- The sign will be relocated on
the same or adjoining property as the existing current site, as necessary
to resolve any public purpose concerns, but will not be moved more than
300 feet. "Property" as used herein means a lot as shown on a
plat of a subdivision recorded or registered pursuant to a statute or a
parcel of land as designated by the property owner to be used, developed,
or built upon as a unit under single ownership or control.
- The relocation of the sign
must be in conjunction with the removal of one or more legally
nonconforming outdoor advertising sign(s) (including structures), which
removal meets one of the following two criteria:
- a single sign is to be
removed which contains at least two sign faces which are at least 100%
as large as the largest sign face on the sign being relocated, and is
located on property zoned B-1, B-2, or B-3, or
- more than one sign is to be
removed and at least one of the signs to be removed contains a sign face
that is at least 247 square feet in size, and the cumulative sign face
square footage being removed equals or exceeds at least 125% of
cumulative square footage of the signface(s) of the sign being
relocated. The sign face square footage will be calculated by adding the
square footage of each face of a multi-faced sign.
- The sign will not
be enlarged, including its signface, height, and width. The sign may
be externally illuminated if the sign was externally illuminated before
being relocated, and an electrical permit may be issued for such
illumination. Electronic, digital, or tri-vision signfaces
will be allowed on the relocated sign if and to the extent that
electronic, digital, or tri-vision sign faces existed on the sign being
relocated.
- The relocation and sign
removal must be approved by the Board of Zoning Adjustment, after written
notice is provided to any registered neighborhood group or business
association with boundaries within 500 feet of the sign proposed to
be relocated, considering the following criteria:
- The removal of the proposed
sign or signs will have a greater positive impact on the improvement of
the city's residential and commercial neighborhoods than would the
removal of the sign proposed to be relocated because of the signs'
relative locations, with at least the following factors being
considered:
- The removal of signs in less
intensive zoning districts will have a greater positive impact.
- The removal of signs nearer
residential properties will have a greater positive impact.
- Signs located within 500
feet of any residentially used or zoned property, any institutional
use, or any boulevard, park, or parkway have an adverse impact on
neighborhoods.
- The board of zoning
adjustment shall consider the impact of the proposed relocation and
removal on scenic, natural, historic, or other features in the areas
surrounding the signs.
- The sign or signs to be
removed are not abandoned, as defined in 88-445-15.C.6, below;
- The sign or signs to be
removed have contained paid advertising in the last 90 days and
therefore are not "blank" as defined in 88-445-14.
- The relocation of the sign
must be approved as part of, and must resolve the actual or threatened
eminent domain action. Nothing in this section will be deemed to
eliminate or reduce the city attorney's discretion in its representation
of the City in any eminent domain action.
- ABANDONMENT OF NONCONFORMING
SIGN
Nonconforming
signs will be deemed abandoned if they are not maintained in good structural
condition and in compliance with all city codes. Nonconforming signs that are
structurally unsound, rotted, excessively weathered or faded, contain
inoperable or malfunctioning electrical equipment, or are otherwise in an
obvious state of disrepair will also be deemed abandoned. On-site commercial
signs will be deemed abandoned if they are blank or advertise a business,
activity, product or service that is no longer operating or available on the
property on which the sign is located. Once a nonconforming sign is deemed
abandoned, the entire sign, including any structure which only supports the
sign, must be removed within 30 days by the sign owner, owner of the property
where the sign is located, or other person having control over the sign.
_____________________________________________
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