ORDINANCE NO. 100114
Amending Chapter 88, Code of
Ordinances, by adding a new subsection to Section 88-445-14, Outdoor
advertising signs, which allows the relocation of outdoor advertising signs
that are being relocated by the State of Missouri due to a state highway
improvement project, and making inapplicable certain of the City’s outdoor
advertising regulations to the relocated signs.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 88-45-14, Outdoor advertising signs, and enacting
a new section of like number and title, to read as follows:
88-445-14.A. Purpose
The purpose of
this section is to preserve and promote the public health, safety and welfare
and to provide an orderly, effective and reasonable control of off-premise
signs, thereby halting sign proliferation, reducing distractions to drivers and
enhancing the visual environment and community character of the city.
88-445-14-B. Regulations
Outdoor
advertising signs are not permitted in Kansas City except within 660 feet of
the right of way of highways located on the interstate, federal-aid primary
system as it existed on June 1, 1991, or the national highway system, and only
in accordance with the following conditions:
1.
Sign Location
(a)
Outdoor
advertising signs may not be located within 500 feet of any improvements which
are wholly occupied as a residential, institutional or other noncommercial or
nonindustrial use.
(b)
Outdoor
advertising signs may not be located within 500 feet of any boulevard or
parkway under the jurisdiction and control of the board of parks and recreation
commissioners.
(c)
Outdoor
advertising signs may not be located within 500 feet of a public park,
playground, school, library, auditorium, stadium or other publicly owned
building used by the general public.
(d)
Outdoor
advertising signs may not be located within 500 feet of property with frontage
upon the same highway or interstate and which is zoned by district R-80, R-10,
R-7.5, R-6, R-2.5, R-1.5, R-0.5, or R-0.3.
(e)
Outdoor
advertising signs may not be attached to the wall or roof of any building.
(f)
Outdoor
advertising signs may not be located within 500 feet of an interchange or
intersection at grade. Such 500 feet must be measured from the beginning or
ending of the pavement widening at the exit from or entrance to the main
traveled way.
(g)
Outdoor
advertising signs are allowed only on property that is zoned M1-5 or M3-5.
(h)
No
outdoor advertising sign may be located on, or project over, any public
property, right-of-way, utility easement or drainage easement.
(i)
Outdoor
advertising signs may not be located within 660 feet of the right of way for
the Broadway Bridge, Broadway Extension or U.S. Highway 169 in the area between
5th Street on the south and Briarcliff Parkway/Extension on the north.
2.
Size, Height And Other
Dimensions, And Appearance
(a)
Height
Outdoor advertising signs, including
their supporting structures, may not exceed 35 feet in height from grade.
(b)
Gross Area of Signs
The maximum
gross area of any outdoor advertising sign may not exceed a total of 300 square
feet.
(c)
No
three-sided signs are permitted.
(d)
If
an outdoor advertising sign has messages mounted on each side of the sign
structure, the 2 sign faces must be parallel and be no more than 5 feet apart.
(e)
Outdoor
advertising signs may not have more than one area/face on each side of the sign
structure.
(f)
Exposed
back of signs, poles and other support structures must be painted black, dark
green or dark brown presenting an attractive and finished appearance which will
blend with natural surroundings in order to further accomplish the objectives
of this chapter.
3.
Lighting, Animation
and Electronic Operation of Signs
(a)
Lighting
of billboards must be shielded to prevent beams or rays from being directed at
any portion of a traveled roadway or an occupied residential area and may not
be of such intensity or brilliance as to cause glare or impair vision or
interfere with the residential use of property or the safe operation of motor
vehicles.
(b)
No
outdoor advertising sign may have any revolving, moving, flashing, blinking, or
animated characteristics.
(c)
No
outdoor advertising sign may have any electronic, digital, tri-vision or other
changeable copy display.
4.
Minimum Spacing
Requirements
(a)
No
outdoor advertising sign structure hereafter erected may be less than 4200 feet
from any other existing outdoor advertising structure on either side of the
highway or interstate.
(b)
Such
minimum spacing distance must be measured along the centerline of the highway
or interstate from a point opposite any edge of an outdoor advertising sign
structure and perpendicular to the centerline of such highway or interstate.
5. outdoor
advertising signs that are being relocated by the state of missouri due to a
state highway improvement project shall be permitted to relocate provided that
the relocated sign complies with state statutory requirements, including
chapter 226, rsmo. sections 88-445-14-b-1 through and including 88-445-14-b-3
shall not apply to said relocated sign.
6.
Legal Nonconforming
Outdoor Advertising Signs
Legal
nonconforming outdoor advertising signs may remain, subject to the following
provisions in addition to the provisions of 88-610:
(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.
(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 90 days, that outdoor advertising sign is deemed abandoned and no
longer be deemed a legal nonconforming sign. For purposes of this section, a
sign is "blank" if:
(1)
It
advertises a business, service, commodity, accommodation, attraction, 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)
The
advertising copy paid for by a person other than the sign owner or promoting an
interest other than the rental of the sign has been removed.
(h)
Legal
nonconforming outdoor advertising signs which were legally using electronic or
video technology at the time of the passage of this ordinance 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 sub-section. 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 7 of this section.
7.
Maintenance
All outdoor
advertising signs, including the sign faces, poles, supports, and braces, must
be kept in good repair and free from tears, rust and other indicia of
deterioration.
8.
Enforcement and
Recordkeeping
(a)
The
planning and development director is authorized to enforce the provisions of
this ordinance.
(b)
The
planning and development director must maintain a master record of all outdoor
advertising signs in the city by location.
(c)
The
planning and development director may order the removal of any outdoor
advertising sign that is not maintained as required by this section, or any
sign that is not in compliance with any other provision of this section or the
Code of Ordinances.
(1)
For
an outdoor advertising sign that is not being maintained as required by this
section, or a nonconforming sign that is not in compliance with the electronic
or video technology requirements above, the planning and development director
must provide written notice to the signs record owner of the signs
deficiencies, and the owner must be given 30 days from the date of the notice
to remove the sign or bring the sign into compliance with these requirements.
(2)
For
an outdoor advertising sign that is in not in compliance with any other
provision of this zoning and development code, the planning and development
director will provide written notice to the signs record owner of the signs
deficiencies, and the owner must be given 30 days from the date of the notice
to remove the sign.
(3)
The
planning and development director’s determination that the sign is not in
compliance with this zoning and development code may be appealed to the board
of zoning adjustment within 15 days of the planning and development director’s
determination.
Section 2. That
the Council finds and declares that before taking any action on the proposed
amendment hereinabove, all public notices and hearings required by City Ordinance
and Missouri law have been given and had.
_____________________________________________
Approved
as to form and legality:
________________________________
M.
Margaret Sheahan Moran
Assistant
City Attorney