§ 27-721. Applicability.

(a)

Generally.

(1)

This division applies to any sign within the corporate limits of the City of Kansas City, Kansas.

(2)

It is unlawful for any person to erect, operate, or otherwise use any sign that is prohibited by this division.

(3)

It is unlawful for any person to erect, operate, or otherwise use any sign at a time, place, or manner that is prohibited by this division.

(4)

The unified government is subordinate to the laws of the federal government and state of Kansas. This division does not prohibit signs, sign locations, or sign characteristics that are permitted by an express requirement of state or federal law.

(b)

Exemptions. This division does not apply to:

(1)

Signs that are not visible from a public street, highway or road, unless the sign is visible from the property line of an adjoining lot or parcel within an A-G, R, R-1, R-1(B), R-2, R-2(B), R-3, R-4, R-5, R-6, or R-M zoning district. A sign is considered not visible where it is fully obstructed by natural changes in grade, buildings, or landscaping that provides a complete year-round visual barrier. "Fully obstructed" means that the signs are not visible at ground level from the edge of the public right-of-way or residential property line, or from the upper level of a residential building on an adjoining property. However, these signs must comply with any applicable requirements of the building codes (Unified Government Code, Chapter 8).

(2)

Signs located entirely within the interior of a building or structure, except as otherwise provided for window signs.

(3)

In order to promote traffic and public safety, any public notice or warning posted or required by valid and applicable federal, state, or local law, regulation, or ordinance, including street addresses. Street addresses not exceeding four square feet in area are not counted toward the sign allocation for attached signs (see section 27-727).

(4)

A sign that is integrated into or on a coin-operated machine, vending machine, or gasoline pump that is used for its intended purpose.

(5)

A sign carried by a person.

(6)

A sign affixed to an operable vehicle without flat tires, except as provided in subsection 27-722(d).

(c)

Districts and uses. This division calibrates sign size, types, and design to the unified government's zoning districts in order to protect community character, and to accommodate desired communications and economic activity appropriate to those districts. Signs relating to residential uses in nonresidential districts shall comply with the standards for signs in the highest applicable residential district. Signs for commercial uses in the industrial districts shall comply with the standards for the highest commercial district in which the commercial use is permitted. For purposes of this section, the hierarchy of zoning districts is established in section 27-407 where District A-G is the lowest district and District M-3 is the highest district.

(d)

Message neutrality. Despite any other provision of this division, no sign is subject to any limitation based on the content of its message. Any sign authorized in this division may contain any non-commercial copy in lieu of any other copy.

(e)

Obscenity. This division does not authorize any sign that unlawfully promotes obscenity under state or federal law.

(f)

False or misleading statements. This division does not excuse any person or entity from civil or criminal liability for false or misleading statements placed on a sign.

(Ord. No. O-35-16 , § 1, 6-30-2016)