ORDINANCE NO. 060865
Declaring a moratorium until October 2, 2006, on the issuance of building/sign permits for the construction of certain outdoor advertising
signs at locations that would not comply with the provisions of Ordinance No.
051402, as originally introduced and considered, and declaring an emergency.
WHEREAS, Ordinance No. 051402 would make
certain changes to the requirements for the location of outdoor advertising
signs (billboards); and
WHEREAS, public hearings have been held on the
proposed changes to the zoning ordinance and all required notices have been
given, and a recommendation was made on the proposed changes by the City Plan
Commission on March 7, 2006; and
WHEREAS, the Council recognizes that outdoor
advertising signs may have an adverse impact on the Citys neighborhoods and
the quality of life of our citizens if they are not properly located; and
WHEREAS, on March 22, 2006, the Planning, Zoning and Economic Development Committee asked the director of City Development
to study the sign ordinance and meet with stakeholders and report back in
forty-five days regarding suggested changes to the sign ordinance; and
WHEREAS, the Director met with interested
persons concerning the outdoor signage regulations and reported his findings
and recommendations to the Committee on May 3, 2006; and
WHEREAS, after receiving the Directors
recommendations, the Committee determined that it would further study this
issue for an additional ninety days to determine if certain changes should be
made to the spacing and size requirements contained in Section 80-220(e)(2) and
(e)(3); and
WHEREAS, while Ordinance No. 051402 was
pending, there were a number of applications for new billboard permits; and
WHEREAS, the Council believes that it is
imperative that no permits be issued for new signs or expansion of existing
signs that would not be in compliance with the proposed changes while these
changes to the sign ordinance are being considered; and
WHEREAS, the Council has decided to impose
permanently a portion of the changes proposed in the introduced ordinance, as
passed in Committee Substitute for Ordinance No. 051402, and impose
temporarily, through the passage of Ordinance No. 060520 and this moratorium
ordinance, the remaining portions of the introduced ordinance so that no new or
expanded billboards can be permitted while the proposed changes are being
further studied; and
WHEREAS, because the existing moratorium
expires on August 8, 2006, and because the Council believes that leaving a
window in which sign permits could be issued before this moratorium takes
effect could result in additional signs that do not meet the requirements of
Ordinance No. 051402, as introduced, this ordinance constitutes an action
necessary to for the immediate preservation of the public peace, property,
health, safety or morals, and therefore is declared to be an emergency within
the terms of Section 15(a)(2), City Charter; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the Mayor and Council hereby
declare that there is a moratorium on the issuance of new building/sign permits
for new outdoor advertising signs or for the expansion of existing signs along
City streets that would be in violation of the terms of Ordinance No. 051402,
as introduced, until October 2, 2006, provided that: (1) this moratorium shall
not apply to the issuance of building/sign permits for the repair, replacement
or relocation of existing outdoor advertising signs that do not comply with
original proposed Ordinance No. 051402 as long as the existing sign area is not
enlarged and that any relocation occurs on the same property as the existing
sign and (2) this moratorium shall not apply to installation of new outdoor
advertising signs along interstate highways and limited access highways/trafficways
as long as they comply with the existing regulations contained in Section
80-220, Code of Ordinances; and (3) this moratorium shall not apply to any sign
which is less that 300 square feet in area and which advertises businesses in a
commercial area which are within 500 feet of the sign.
Section 2. That this ordinance constitutes an
action necessary for the immediate preservation of the public peace, property,
health, safety or morals, and therefore constitutes an emergency within the
terms of Section 15(a)(2), City Charter and will take effect immediately upon
passage.
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Approved as to form and legality:
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M. Margaret Sheahan Moran
Assistant City Attorney