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HomeMy WebLinkAboutOrdinance 9760[ ~ i _. £ ~ .. ORDINANCE NO. ~"~ - AN ORDINANCE AMENDING ORDINANCE NO. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, AS AMENDED, BY PRO- VIDING FOR THE ERECTION, U5E, LOCATION, LIGHTING, HEIGHT, SETBACK AND OTHER REGULATION OF OFF-PREMISE SIGNS WITHIN THE CITY OF FORT WORTH; PROVIDING FOR DEFINITIONS; PROVID- ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA- TION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTION 1 . That Section 1, "Definitions", of Ordinance No. 3011, as amended, is hereby amended by revising and adding certain defini- tions, to read as follows: "ALTERATION. Any changing of the design, shape, size, structure or supporting structure of a sign that exceeds 75~ of the cost of erecting a new sign of the same type at the same location; any dismantling or repair of a sign (whether caused by wind, fire or damages from any other source) that exceeds 75~ of the cost of erecting a new sign of the same type at the same location; provided, however, that normal maintenance not involving structural changes or a change in the name, design, letters or other matter on the sign, or repair of the face of the sign, shall not be considered an alteration of the sign unless the size or shape of the sign is changed. ~. ATTACHED SIGN. A sign which is affixed to or supported by or painted on a building. ALONG THE WAY. A measurement taken along the centerline of one or more public streets. The measurement shall be taken from the point on the centerline of the street that is nearest to the sign to the point on the centerline of the street that is nearest to the other sign. COMMERCIAL COPY. A message displayed on a sign which re- lates solely to the economic interests of the advertiser ~. "':a, and its audience; a message pertaining to price and pro- duct advertising, goods and services. CONTROLLED ACCESS HIGHWAY. A divided highway with full control of access by way of designated ingress and egress ramps. DETACHED SIGN. A sign which is supported by structures, supports or foundations in or upon the ground and indepen- dent of support from any building. DISPLAY AREA/FACE. That area made available by a sign structure for the purpose of displaying an advertising message, such area to exclude nonstructural trim. ILLUMINATED SIGN. Any sign illuminated in any manner by an artificial light source. INTERSTATE HIGHWAY. A highway which is a part of the 'National System of Interstate and Defense Highways', as presently described in Subsection (e) of Section 103 of Title 23, United States Code. NONCOMMERCIAL COPY. A message displayed on a sign that pertains to political, social or ideological issues. NONCONFORMING SIGN. A sign legally erected and maintained in compliance with all City codes which does not conform to the provisions of this ordinance. Such sign may con- tinue in use, provided that such use does not constitute a hazard or public nuisance and provided that such use is not in contravention of provisions of other ordinances. Any sign erected, constructed, enlarged or altered after the passage of this ordinance, which does not conform to the provisions thereof, shall be considered an illegal sign. OFF-PREMISE SIGN. A sign which is a primary use and which advertises businesses, commodities, activities, services or persons which are not usually available or present upon the premises upon which such sign is located, or which directs persons to any location not on the premises. Any sign with more than ten percent (10~) of the sign devoted to such use shall be deemed to be an off-premise sign. ON-PREMISE SIGN. A sign which advertises the business name, owner andjor commodities, activities or services offered on the premises where such sign is located and where at least ninety percent (90$) of the sign is devoted to the advertisement of such business name, owner, com- modities, activities or services. _2_ PORTABLE SIGN. A sign designed, constructed or used to facilitate the placing or moving of same from one location to another. PUBLIC INTEREST SIGN. A sign conveying a message of inter- est to the public in general, including: 1) time and temperature signs, 2) signs and notices containing identi- fication of nonprofit service clubs, religious organiza- tions or charitable associations and containing information relating to meetings, locations, fund-raising or other nonprofit activities, 3) signs relaying news messages and financial and stock market messages. RADIAL. A measurement taken from the nearest point of a sign to the nearest point on a zoning district boundary measured in a st~.aight line. ROOF SIGN. Any sign erected, constructed or maintained on the roof of a building. SIGN. Any surface, fabric, device, display or visual medium, including its structural and component parts, which bears letters, pictorial forms or sculptured matter, including logos, used or intended to be used to convey information or to attract attention to the subject matter of such sign. Graphics painted upon the side of a building which carry no advertising shall not be construed to be a sign, except where such graphics pictorially display products or business that convey an advertising intent. SIGN, ANIMATED. A sign employing visible moving parts or the changing of colors. SIGN AREA. The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logos, letters, or other symbols, composed of the total area of the message, and any border, trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is dis- played. The sign structure shall not be included in the sign area unless there is a sign displayed thereon. (See Exhibits 1-8.) The sign area for an attached on-premise sign shall be the area included within the vertical and horizontal line projection of any logos, letters or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed. (See Exhibits 9-12.) -3- } ~' i SIGN, FLASHING. A sign or part of a sign that contains units which cause such sign or part thereof to appear to flash or blink. Flashing signs shall not include running light signs, twinkle signs or those signs having only one on-off cycle in any period exceeding six (6) seconds. SIGN, REVOLVING. A sign which revolves on or around or about a structural support. A structural support can be a pole, building or other type of support. Revolving parts within or upon a display surface shall not be construed as a revolving sign. SIGN STRUCT URE. Any structure which supports or is in- tended to support any sign as defined in this code. TEMPORARY SIGN. Any sign intended to be displayed for a limited period of time only, including by way of example but not of limitation, any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames." SECT ION 2. That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph A thereof to read as follows: "A. DEFINITIONS. The words and terms used in this section shall have the meanings ascribed to them in Section 1, 'Definitions', of this ordinance." SECTION 3 . That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by revising Section C.5 thereof to read as follows: "5. No off-premise sign shall revolve, rotate or be animated nor shall such sign contain blinking or flashing lights. Nothing contained herein shall be construed to prohibit time and temperature or other public interest electronic message signs which otherwise conform to the provisions of the Fort Worth Sign Code." -4- SECTION 4 . That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by adding Section C.10 to read as fol- lows: "10. Except as otherwise permitted in this ordinance, only one detached sign (whether off-premise or on-premise) shall be permitted per platted lot. For the purposes of applying the regulations contained in this section, an off-premise sign shall be deemed to be located along the street upon which the lot fronts. If the lot has frontage on more than one street, the regulations applicable along the smallest street shall apply. On corner lots, the spac- ing regulations pertaining to both streets shall apply." SECTION 5 . That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph H thereof to read as follows: "H. Notwithstanding anything else contained herein to the contrary, no off-premise sign shall be located in any area designated by the City Council as having significant scenic, cultural, architectural or historic value which needs to be protected. 1. There is hereby created a Scenic Preservation Committee for the purpose of making recommendations to the Zoning Commission regarding the designating of areas of the City as scenic, cultural, architectural or historic areas wherein the location, erection and maintenance of off-premise signs are prohibited. The Scenic Preservation Committee shall consist of two (2) members of the Historic and Cultural Advisory Board and three (3) at-large members, to be appointed by the City Council. 2. The Committee shall hold an organizational meeting in October of each year and shall elect a Chairman from among its members before proceeding to any other matters of business. -5- 3. The Planning Director of the City of Fort Worth or his designated representative shall serve as Secretary to the Committee. The Development Director and the Planning Director shall be ex officio members of the Committee and shall provide technical assis- tance to the Committee. The Committee shall designate the time and place of its meetings. The Secretary of the Committee shall regularly keep an attendance report for all meetings of the Committee. A quorum shall consist of three (3) members. A majority of those members present and competent to vote shall be required to approve any matter before the Committee. 4. The Scenic Preservation Committee on its own motion shall initiate applications to consider designating any area within the City as a scenic, cultural, arch- itectural or historic area. In addition, the Scenic Preservation Committee shall initiate such applica- tions upon the motion of the City Council, the Zoning Commission, the Plan Commission, the Historic and Cultural Advisory Board or upon the application of the owner of any property to be so designated. Written notice of any application before the Scenic Preservation Committee shall be given at least ten (10) days prior to any meeting to the owner or owners of the property within such area to be so designated, as such ownership appears on the last approved ad valorem tax roll.. 5. The Scenic Preservation Committee shall work with City staff to gather pertinent information on all applications before it. The Committee shall make a recommendation to the Zoning Commission, either in favor of or against designating all or any part of the concerned area as a scenic, cultural, architec- tural or historic area. Upon receipt of the recommen- dation from the Scenic Preservation Committee, the Zoning Commission shall hold a public hearing at its regularly scheduled zoning meeting wherein all in- terested persons shall be given an opportunity to be heard. The Zoning Commission shall make its report to the City Council as a regular zoning item to be con- sidered by the Council. The City Council may there- after by ordinance designate all or any part of said area as a scenic, cultural, architectural or historic area wherein the location, erection and maintenance of off-premise signs are prohibited. The same notice requirements as for changes in zoning shall be fol- lowed by the Zoning Commission and the City Council at all hearings to designate any area as a scenic, cultural, architectural or historic area." -6- SECTION 6. That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph J thereof to read as follows: "J. The following signs are exempted from the re- quirements of this section except for Paragraph C above: 1. Signs on vehicles; 2. Temporary decorative flags; 3. Temporary public interest signs, banners, etc., to be maintained for not more than three (3) weeks announcing activities or other events of a public, civic, philanthropic or religious organ- ization; 4. Warning, security and directional signs for parking, etc.; 5. Government signs, flags, insignia, legal notices or informational, directional or traffic signs; 6. Political signs erected solely for and pertain- ing to a public election may be erected pro- vided: a) Said signs shall not be erected more than 60 days prior to any primary or general election to which the sign pertains; b} Said signs shall be removed within 30 days after the general or run-off election to which the sign pertains; c) Signs not exceeding eight (8) square feet in area may be erected in any zoning district; d) Signs not exceeding thirty-two (32) square feet in area may be erected only in Districts 'E', 'F-R', 'F', 'G', 'I', 'J' and 'K'; e) No political sign may be located in any designated scenic, cultural, architectural or historic area. 7. Signs in windows; 8. All signs not visible from off the property." 9. Homebuilder signs, subject to the following: a) Signs will be allowed between noon Friday and Noon Monday only; b) Signs shall not exceed 24" X 30" in size, nor shall they be installed more than 4 feet above grade; -7- c) Signs shall have a minimum separation of twenty-five (25) feet and signs for any one advertiser must be at least 200 feet apart; d) Signs shall not be located closer than 40 feet from a street intersection; e) Signs shall not be located in the public right-of-way; f) Signs shall not be located more than three (3) miles from the subject property; g) Signs shall be rigid, two-dimensional dis- plays that advertise only new one-and two family properties for sale; h) Written permission shall be obtained from owners of property where sign is located. 10. Temporary Developer Directional Signs (advertis- ing a subdivision and how to get there), subject to the following: a) Maximum of 64 square feet in size; b) Must be placed upon unimproved property with the permission of the owner; c) Must be placed at least 100 feet from any other subdivision or developer signs; d) May be erected for a maximum of one year unless additional one-year approval is given by the Board of Adjustment. A maximum of two one-year approvals shall be per- mitted by the Board of Adjustment. SECT ION 7 . That Section 17A, "Off-Premise Signs", of Ordinance No. 3011, as amended, is hereby amended by revising Paragraph K thereof to read as follows: "K. Any off-premise sign which is noncomforming as to the provisions of Paragraph C.6 may continue to use downward shielded lighting until such time as said lights are altered or removed. Any off-premise sign which is altered or relocated shall be brought into compliance with this ordinance at the time of such alteration or relocation." SECT ION 8 . This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as -8- amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 9. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and .phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Thousand Dollars ($1,000) for each offense. Each day that a vio- lation is permitted to exist shall constitute a separate offense. SECTION 11. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, as amended, or any other ordinances affecting -9- r t. signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending liti- gation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 12. The City Secretary of th.e City of Fort Worth, Texas, is hereby authorized to publish this ordinance in .pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 13. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 10, 14 and 15 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 14. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 10, 14 and 15 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -10- 4. SECTION 15 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~~'`' ~ ~ ADOPTED: ~, ~~ EFFECTIVE: -11- '., n, EXHIBITS FOR MEASURING SIGN AREA HOR120NTAL 7-- --rt ~ o ~~ ~ i ~ ~a ~ ^ i~ w ~Ti~/ ~o~~ti oNT4 EXH181T 2 OETAGHED 80X TYPE SIGN measure oll sides EKH181T t OETACHEO FLAT TYPE SIGN ,~•a HORIZONTAL fi _ ____ ~ ~ ~ ~_ ~ i t~ ~ i~ ~ ~~ ~ ~ ~ ~ i ~~ - fi ! ~ ~rn IA I I~ EXHIBIT 5 I GETACNEO FIAT TYPE SIGN __ ____ NT4~ ~0~~'1, ,~ ,~~ i I ~I i EXHIBIT 6 OETACHEO PYRAMID TYPE SIGN calculate ores of oll sides ) ''i .: r ..~ - . „ !d~ ~ $.. T' HORIZONTAL _ ~„ EXHIBIT T DETACHED FLAT TYPE SIGN WnQ~~nNre~ 1m AS I ~~ -~- EXHIBIT 8 DETACHED FLAT TYPE SIGN r § ,a ~ ; .'v ~~ ,,~,. HORIZONTAL ~ SH®ES CI1' Y MART' FO®p CLOTH ~ P / EXHIBIT 10 ATTACHED PANEL MOUNTED WALL SIGN VERTICAL 0 NOTE USE ONLY AREA OF PANEL EXHIBIT 9 ATTACHED:~ NOTE: USE ONLY PANEL MOUNTED AREAS OF WALL SIGiV PANEL 1 ^ M' ( + ~ a ' HORIZONTAL SHOES CITY MART VERTICAL F00® CLOT H ~, ~ ~~ EXH9EOT 01 PAINTED PANEL FOR SIGN CONTRAST ON WALL HOR1Z. .HOES VERT HORIZ. ' CIT1P MART vERT HORIZ C ~ ~VERT. a ,. t ~ -~. ,.:w ~ -~. 3 'EXOiI:BIT' 12 ATTACHED NOTE' USE TOTAL OF LETTERING INDIVIDdJAL SIGNS PLACED ON WALL FOR SIGN AREA 7. ~~ "') ~Q i l~40RIZONTAL , ~i r EXHIBIT 3 DETACHED C7CL,INDER TYPE SIGM ~caicutate total ores of display surface) ~~ EXH181T 4 DETACHED FLAT TYPE SIGN HORI ZaNTAL m z D r