SUBSTITUTE FOR ORDINANCE NO. 120190
Amending Section 88-445-15.C,
Nonconforming Signs, to provide for the relocation of signs in
the public interest.
BE IT ORDAINED BY THE COUNCIL OF
That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, is
hereby amended by repealing Section 88-445-15-C, Nonconforming Signs, and
enacting in lieu thereof a new section of like number and subject matter, said
section to read as follows:
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 nonconforming
signs is allowed, including changing sign copy and “re-facing” of existing
signs when the re-facing does not result in any structural alterations,
additional signs or additional sign appendages.
Alterations and Expansions of Nonconforming Signs
alteration, enlargement, or expansion may be made to a nonconforming sign
unless the alteration, enlargement, or expansion 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. Electrical
permits may not be issued for any upgrade or signface replacement; provided,
however, that electrical permits may be issued for electrical repairs that do
not constitute an upgrade to the sign, such as permits for relocating service
lines or replacing component parts.
Relocation -- GENERALLY
sign may not be moved to another location unless doing so would bring the sign
into complete conformity with the provisions of this chapter.
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
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 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.
d. 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, double-sided sign is to be removed which contains sign faces
which are at least 100% as large as the sign being relocated, and is located on
property zoned B-1, B-2, or B-3, or
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 110%
of the sign being relocated.
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 or digital signfaces will not be allowed on the
f. For purposes of this section
88-445-15.C, the signface square footage of a multiple-faced or double-sided sign
will be the measurement of the largest of the faces.
g. 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 each of the signs proposed to be relocated or removed, considering the
1. 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:
a. The removal of signs in less intensive zoning districts will
have a greater positive impact.
b. The removal of signs nearer residential properties
will have a greater positive impact.
c. 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.
2. The sign or signs to be removed are not abandoned, as
defined in 5, 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
h. 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
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 electrical equipment, or are otherwise in an obvious state of
disrepair will also be deemed abandoned. Once a nonconforming sign is deemed
abandoned, it 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
Section B. That the
Council finds and declares that before taking any action on the proposed Zoning
and Development Code Amendment hereinabove, all public notices have been given
and hearings have been held as required by law.
I hereby certify that as required by Chapter 88, Code of
Ordinances, the foregoing ordinance was duly advertised and public hearings
City Plan Commission
as to form and legality:
Margaret Sheahan Moran