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Legislation #: 141042 Introduction Date: 12/11/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER GLOVER
Title: Amending Chapter 88, the Zoning and Development Code, by adding a new subsection 88-445-14.B.5(j), to allow for the addition of an electronic, digital or other changeable copy display to an existing non-conforming outdoor advertising sign if approved by the City Council as part of a settlement of a condemnation action.

Legislation History
DateMinutesDescription
12/10/2014 Filed by the Clerk's office
12/11/2014 Referred to Planning, Zoning & Economic Development Committee
12/17/2014 Hold On Agenda (1/7/2015)
1/7/2015 Do Pass as a Committee Substitute
1/8/2015 Assigned Third Read Calendar as Substituted
1/15/2015 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 141042

 

Amending Chapter 88, the Zoning and Development Code, by adding a new subsection 88-445-14.B.5(j), to allow for the addition of an electronic, digital or other changeable copy display to an existing non-conforming outdoor advertising sign if approved by the City Council as part of a settlement of a condemnation action.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A.  That Chapter 88, Zoning and Development Code, is hereby amended by  adding a new subsection (j) to subsection 88-445-14.B.5, Legal Nonconforming Advertising Signs, said subsection to read as follows:

 

(j)       Notwithstanding the specific provisions of Section 5(b) through (f) above, or any other provision in this Chapter concerning signs, an existing legal nonconforming sign which is located within 660 feet of an interstate highway, may be altered by installing an electronic, digital, or other changeable copy display, or  a tri-face or tri-vision changeable copy display, under the following conditions:

 

(1)       The alteration of the existing legal nonconforming sign is done in conjunction with the removal of a separate legal nonconforming sign located in the city that is the subject of a condemnation action or under threat of condemnation by the City or other condemning authority. 

 

(2)      The removal of the separate legal nonconforming sign is necessary to accomplish a public purpose.

 

(3)      The separate legal nonconforming sign is located in a redevelopment area established by the City Council pursuant to the Real Property Tax Increment Allocation Redevelopment Act, the Urban Redevelopment Corporations Law, the Land Clearance for Redevelopment Authority Law, or the Planned Industrial Expansion Law.

 

(4)      The removal of the separate legal nonconforming sign will result in an overall decrease in the total number of legal nonconforming signs in the City and, upon the removal of the separate legal nonconforming sign, and the alteration of the existing legal nonconforming sign, the nonconforming signage rights of the separate legal nonconforming sign owner shall be discontinued, abandoned, or otherwise terminated.

 

(5)      The alteration of the existing legal nonconforming sign shall be done in conjunction with a plan approved by the City Council in settlement of a condemnation action or under threat of condemnation by the City or other condemning authority              

                              

 

Section B.  That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

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