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Legislation #: 100114 Introduction Date: 2/4/2010
Type: Ordinance Effective Date: 2/14/2010
Sponsor: COUNCILMEMBER SKAGGS
Title: 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.

Legislation History
DateMinutesDescription
2/4/2010 Filed by the Clerk's office
2/4/2010 Referred to Planning and Zoning Committee
2/24/2010 Hold On Agenda (3/3/2010)
3/3/2010 Hold On Agenda (3/24/2010)
3/24/2010 Hold On Agenda (4/7/2010)
4/7/2010 Hold On Agenda (5/19/2010)
5/19/2010 Hold Off Agenda
1/19/2011 Release
2/10/2011 Released

View Attachments
FileTypeSizeDescription
254-S-260_FACT SHEET.doc Fact Sheet 52K Fact Sheet
C000254S260_Staff Report_04-06-10.docx Staff Report 35K Staff Report
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100114 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=100114
100114 cs to org ord-com.docx Advertise Notice 23K compared version-comm sub to original ordinance
100111, 114 adv.pdf Advertise Notice 45K Advertise Notice
00093com.doc Advertise Notice 52K compared version

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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. Outdoor Advertising Signs

 

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