§ 27-734. Billboards.

(a)

Compliance. No billboard shall be erected, installed or structurally altered except in conformance with this section.

(b)

Definitions. The following words, terms, and phrases, when used in this section, have the meanings assigned below, except where the context clearly indicates a different meaning:

Bulletin	A billboard between 300 and 925 square feet in sign surface.
Digital billboard	A billboard which has a computer controlled board that displays an image through the use of light emitting diode display (LED) or similar technology.
Junior poster panel	A billboard not exceeding 100 square feet in sign surface. Junior poster panels may not be digital billboards.
Billboard	See off-premises signs as defined in [27-738]0, commonly known as outdoor advertising signs. The use of the term "billboard" in this section includes digital billboards, unless otherwise provided.
Poster panel	A billboard between 100 and 300 square feet in sign surface.

 

(c)

District sign requirements. Billboards are allowed only in the M-2 and M-3 zoning districts. In addition:

(1)

In the M-2 zoning district, only junior poster panels and poster panels are allowed, not to exceed 300 square feet in sign surface area.

(2)

In the M-3 zoning district, junior poster panels and poster panels are allowed. A bulletin whose sign surface does not exceed 925 square feet is allowed when adjacent to freeways and expressways as defined by the unified government's major street plan.

(d)

Permitted and prohibited locations.

(1)

Billboards, except for digital billboards, are permitted on Argentine Boulevard, Southwest Boulevard, and Quindaro Boulevard, their boulevard designation notwithstanding.

(2)

Regardless of zoning district, billboards are prohibited on any lot or parcel abutting, or within 300 feet, of the following streets:

a.

Grandview Boulevard from 9th Street to Park Drive.

b.

Hoel Parkway from Minnesota Avenue to Washington Boulevard.

c.

Meadowlark Lane from State Avenue to Parallel Parkway.

d.

Parallel Parkway from 3rd Street to the western city limits.

e.

Park Drive from 18th Street to 38th Street.

f.

Parkwood Boulevard from 10th Street to Brown Avenue.

g.

Rainbow Boulevard from Southwest Boulevard to County Line Road.

h.

Washington Boulevard from 3rd Street to Orville Avenue.

i.

Wilson Boulevard from Grandview Boulevard to 23rd Street.

j.

57th Street from K-32 Highway to State Avenue.

k.

59th Street from Parallel Parkway to Leavenworth Road.

l.

77th Street from Parallel Parkway to Leavenworth Road.

m.

78th Street from K-32 Highway to Parallel Parkway.

n.

107th Street/110th Street/Hutton Road from 1-70 Highway to Wolcott Drive/95th Street/K-5 Highway.

o.

I-435.

p.

I-635.

q.

18 ^th Street from 1-670 to K-5.

r.

7 ^th Street.

s.

State Avenue.

(e)

Sign permits. Sign permits are required (see section 27-723) and as follows:

(1)

Any person owning, controlling, or maintaining any billboard within the city shall file annually, between December 15 and December 31 of each calendar year, a report with the building official, in a form approved by the building official, giving the location, size, and illumination of all existing signs that that person controls.

(2)

The building official shall annually inspect, during the month of January of each calendar year, all billboards within the city limits to determine their conformance with this division.

(3)

No renewal permit shall be issued for any legal, nonconforming billboard until the building official performs an inspection and determines that the billboard complies with this division. The county administrator shall establish the annual inspection fees. The inspection fee shall be paid at the time the annual report for each sign is filed with the building official.

(f)

Surface restrictions.

(1)

No portion of an outdoor advertising surface shall be more than 35 feet high. Where not located along a freeway or expressway, the vertical dimension shall be no more than 17 feet high.

(2)

No sign surface shall be more than 53 feet wide.

(3)

No sign surface shall be larger than 750 square feet in area.

(4)

Two sign surfaces located one above the other or side by side which have parallel sign surfaces visible from the same position, are located on the same sign structure, and collectively would not exceed the sign surface requirements for subsections (1)—(3) of this section for height, width, and area of a single sign surface, are not prohibited by this requirement.

(5)

Animated, flashing, smoking, or rotating sign surfaces and beacons are prohibited.

(6)

Except for digital billboards, sign copy on billboards shall not be changed more than once every twelve hours.

(g)

Digital billboards.

(1)

Locations.

a.

Digital billboards are permitted on legally established, existing billboard structures located adjacent to interstate highways, subject to the requirements of this Code.

b.

Digital billboards are permitted on existing off-premises billboard structures and shall comply with the requirements set forth in this section in addition to all other applicable requirements of this chapter. A stacked or side-by-side sign is not allowed under this section. Digital billboards are not permitted on billboard structures newly erected after the effective date of this section.

(2)

Operational limitations. Digital billboards shall comply with subsection 27-726(d).

(3)

Permitting. A special use permit is not required to convert an existing off-premises billboard to a digital billboard. However, the sign owner/applicant shall apply for and must obtain a sign permit from the planning director prior to any conversion. The sign owner/applicant shall provide the following information upon forms prescribed by the planning director, along with the applicable fee, and shall be accompanied by a written, detailed plan which sets forth:

a.

The location and size in square footage of the sign to be converted;

b.

The size in square footage of the existing billboards to be removed;

c.

The locations of the signs to be removed;

d.

The submission of stamped drawings from an engineer, showing required structural upgrades and alterations necessary to support the weight of the added digital technology necessary for the conversion; and

e.

A statement that the signs being removed meet the removal criteria of subsection (k) below.

(4)

Conversion of billboards. The conversion of an existing billboard to a digital billboard is not considered "maintenance" for purposes of subsection 27-723(a)(2)a or subsection 27-725(c)(5). Those conversions are subject to the permitting and fee requirements of this division.

(h)

Removal criteria for digital billboards. With respect to a digital billboard permit, as a condition of approval, the owner/applicant shall, at his or her sole expense, comply with the following requirements:

(1)

In the case of poster boards and junior poster boards, at least two and a half times the square footage of existing conforming or nonconforming outdoor advertising poster or junior poster board signage in Kansas City, Kansas shall be removed contemporaneously with the conversion of the approved digital advertising sign of the same square footage;

(2)

In the case of bulletins, at least one and a half times the square footage of existing conforming or nonconforming outdoor advertising bulletin signs in Kansas City, Kansas shall be removed contemporaneously with the conversion of the approved digital advertising sign of the same square footage.

(3)

Failure of the owner/applicant to remove the existing billboard within 30 days of the completed conversion of any new digital billboard violates this section and is grounds for revocation of the owner/applicant's permit for the digital billboard.

a.

A conversion shall be deemed complete when all supporting structures, cabinets and electronic fixtures are installed, even if messages have not yet begun displaying on the digital billboard.

b.

A written affidavit from the owner/applicant stating that removal is complete shall be filed with the planning director within seven business days after the 30-day removal period. Failure to provide the affidavit within seven business days after the 30-day removal period results in a $1,000.00 fine for every day that the applicant fails to provide the affidavit.

(4)

Spacing of outdoor signs. The exact locations of any conforming or nonconforming billboard or signs that are removed pursuant to this section shall continue to be used for the purpose of future calculations regarding spacing between billboards and digital billboards, such that the removal of one billboard does not allow for construction of a new billboard in the same area.

(5)

Limited number of permits. No owner/applicant is allowed to have more than seven permits for digital billboard surfaces in Kansas City, Kansas at any one time.

(i)

Sign height.

(1)

No sign structure or surface shall project higher than 40 feet above the average finished grade measured at the base of the sign structure.

(2)

If a street or highway surface to which the sign is oriented is higher than the average finished grade elevation at the base of the sign structure, the higher street elevation may be used in determining the permitted height.

(3)

In no case shall the height exceed 80 feet above the average finished grade elevation at the base of the sign structure. There shall be an open space of at least ten feet between the bottom of the sign surface and the finished grade elevation at the base of the sign structure.

(j)

Sign setback. No sign shall be closer than 25 feet to any property line. When a sign is located adjacent to residentially zoned property, the sign setback shall be equal to the overall sign height or the most restrictive setback, whichever is greater.

(k)

Sign spacing.

(1)

No new sign shall be less than 1,000 feet from any existing billboard surface. When adjacent to a freeway or expressway or class A thoroughfare, the minimum distance shall not be less than 1,000 feet. The required distance shall be measured along the centerline of the frontage street or streets from a point opposite any edge of a sign surface and perpendicular to the street's centerline. For the purpose of this division, frontage street or streets shall include exit and entrance ramps associated with the freeway or expressway or class A thoroughfare system as well as the main traveled roadway. Any sign that is farther than 660 feet from freeway, expressway or class A thoroughfare right-of-way shall not be considered adjacent. Double-faced sign structures having parallel sign surfaces and adjacent sign structures having touching sign surfaces with an angle no greater than 90 degrees between sign surfaces, and not exceeding the sign surface requirements, are not prohibited by this requirement.

(2)

No sign shall be located within 500 feet of a publicly owned park or publicly owned building.

(3)

No sign shall obstruct clear vision of any road or railroad intersection.

(4)

No sign shall be erected which obstructs any authorized traffic-control device.

(5)

No sign shall be erected which blocks the surrounding view within 500 feet of a residential structure located in a residential zoning district. When determining if a sign would block the view from a residential structure, the planning commission shall consider topographical conditions, sign elevation, sign placement, sign dimensions, sign lighting, and amount of view that would be obstructed.

(l)

Roof signs. No new billboard shall be located on or above the roof of any building.

(m)

Landscaping. All yard areas not covered by sign structures or paved areas and within 15 feet of the sign shall be landscaped with such landscaping continuously maintained. If the grade at base of the sign is altered, proper drainage for surface water shall be provided by the sign company of record.

(n)

Maintenance. The exposed upright superstructure or backside of all billboards shall be painted a neutral color such as light blue, gray, or white unless it is integral to the overall design of the sign.

(o)

Provisions not severable. The provisions of this section are declared to be not severable and if any provision, word, phrase or clause of this section or its application to any person or other entity is held invalid, that invalidity causes the remaining portions of this section to be invalid.

(Ord. No. O-35-16 , § 1, 6-30-2016)