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Legislation #: 140920 Introduction Date: 10/23/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Code of Ordinances, by repealing Section 88-445-05 Signs in the Public Right-of-Way and on Public Property, and enacting in lieu thereof a new section of like number and subject matter that permits signage for the streetcar system. (254-S-295)

Legislation History
DateMinutesDescription
10/23/2014 Filed by the Clerk's office
10/23/2014 Referred to Planning, Zoning & Economic Development Committee
10/29/2014 Hold On Agenda (11/5/2014)
11/5/2014 Do Pass
11/6/2014 Assigned to Third Read Calendar
11/13/2014 Passed

View Attachments
FileTypeSizeDescription
140920.pdf Authenticated 182K Authenticated
140920 Staff Report.pdf Staff Report 304K Staff Report
140920 Fact Sheet.pdf Fact Sheet 215K Fact Sheet

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ORDINANCE NO. 140920

 

Amending Chapter 88, Code of Ordinances, by repealing Section 88-445-05 Signs in the Public Right-of-Way and on Public Property, and enacting in lieu thereof a new section of like number and subject matter that permits signage for the streetcar system. (254-S-295)

 

WHEREAS, the City is constructing a streetcar line in the downtown area; and

 

WHEREAS, the streetcar line will have unique signage needs to ensure the safety and efficiency of the system; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 88, Zoning and Development Code, is hereby amended by repealing and reenacting with like number and title Section 88-445-05, Signs in the Public Right-of-Way and on Public Property, to read as follows:

 

88-445-05 SIGNS IN THE PUBLIC RIGHT-OF-WAY AND ON PUBLIC PROPERTY

 

88-445-05-A. SIGNS PERMITTED

Only the following signs are permitted in the right-of-way and on public property unless upon issuance of an encroachment permit by the city:

 

1.      Signs installed by any of the following and directly related to the use of the right-of-way or public property, including the control and direction of traffic:

 

a.        City, county or state government entities;

 

b.      Any transit company authorized to provide service to or through Kansas City;

 

c.        Any public utility with a franchise or other agreement with Kansas City; or

 

d.      Any other government entity or person expressly authorized by local, state, or federal law to install a sign in the right-of-way.

 

2.      Unless as stated in subsection 3. below, no sign permitted by this section may contain any commercial message or image, and no such sign may be animated or lighted, unless the commercial message or image, animation, or lighting is expressly required by a valid and applicable local, state, or federal law.

 

3.      Electronic, digital, or motorized monument or wall signs may be permitted in conjunction with a transit station or shelter or other public installation, subject to an agreement with the city specifying location, orientation, height, size, type and other details of the signage. Any electronic or digital sign allowed must comply with the following requirements:

 

a.       Changes of image must not flash or scroll;

 

b.      Electronic and digital signs 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 subsection. All electronic and digital 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 and digital 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.

 

88-445-05-B. OTHER SIGNS

Any other sign placed or installed in the right-of-way will be deemed an unlawful sign and an abandoned sign and will be subject to immediate removal by the City of Kansas City, without compensation to the owner. The owner or other person placing the sign will be subject to the penalty provisions of 88-615.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment to Chapter 88 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 were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney