Derby planners move forward on zoning and subdivision updates but table contentious window-sign rule

The City of Derby Planning Commission on April 3 recommended a package of zoning and subdivision regulation amendments to the City Council but deferred two of the most debated items — proposed limits on window signage and new duplex design criteria — for further study.

Commissioners voted 9-0 to forward the proposed changes with modifications: window-sign regulation (item 1 in the staff packet) and design criteria for duplexes (item 15) were explicitly tabled for additional review. Commissioner Wells moved to send the package to council while tabling those items; Commissioner Voth seconded and the motion passed unanimously.

City planner Scott Knaebel told the commission the changes were initiated by a 2024 review of the comprehensive plan and committee work aimed at improving growth management. Among the 16 recommended changes were: clarifications on temporary signs, allowance for office-flex uses with design standards in B-3 and B-4 districts, clearer rules on driveways and street-yard tree requirements, screening of mechanical equipment, revised accessory-structure height limits to allow two-story accessory dwellings, limits on large public gatherings within the McConnell Air Force Base accident potential zone, and procedures for one-step plats and annexation certificates.

The most contested proposal concerned window signage. Knaebel said current Derby code effectively exempts window signs and allows businesses to cover windows without a permit: "Right now, the zoning regulations exempt window signs entirely," he said. The committee recommended treating window signs as wall signage and limiting overall facade sign area (commonly 25–30 percent of window area in comparable Kansas cities), while keeping window signs permit-exempt because many are temporary.

Several business owners and chamber leaders urged the commission to delay a change. Brock Stuelsatz, speaking for the Derby Chamber of Commerce Board of Directors, said the ordinance as proposed would harm small businesses that rely on window signage for low-cost marketing: "The proposed regulations risk reducing the ability of small business owners to effectively communicate their value proposition," he said. Tom Hinkle of Print Rack and other West End business owners described using modern window film as both advertising and functional sun control; Hinkle said he recently invested in new equipment to produce durable window graphics.

Commissioners said they were persuaded that more study was warranted — to consider modern materials, security concerns, energy and shading benefits, and the regulatory approaches used in Wichita, Lenexa, Manhattan and Kansas City — before adopting a single percent-based limit. Commissioner Wells said he wanted more time to examine new technology and environmental and security considerations rather than imposing a blanket percent restriction.

The commission also discussed duplex design standards (item 15) and agreed to table that item for additional study so staff can return with more analysis and examples. Staff will reach out to affected stakeholders and schedule further conversation prior to returning to the commission.

For the remainder of the proposed updates the commission recommended approval to City Council, directing staff to finalize formatting and numbering before submission. The motion to transmit the package, excluding items 1 and 15, passed 9-0.

Staff materials and the record show the commission intends to notify businesses and stakeholders of the tabling and to pursue additional stakeholder meetings prior to any council hearing on the window-sign rule.