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HomeMy WebLinkAboutOrdinance 9117/' ~ _- _ -~ ' ~.. ,*~ ~ ~ e r ORDINANCE NO. ~j ~l 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 (1964), AS AMENDED, BY PROVIDING FOR THE ERECTION, USE, LOCATION, LIGHTING, HEIGHT, SET-BACK, SPACING, REMO VAL AND OTHER REGULATION OF OFF-PREMISE SIGNS WITHIN THE CITY OF FORT WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN THE OFFI- CIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE .DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 3011, as amended, is hereby amended by de- leting Paragraph D from Section 2, "Districts". SECTION 2. That Section 9, °'E" Commercial District, of Ordinance No. 3011, as amended, is hereby amended by amending Item 2 of the list of uses permitted in Paragraph A, "Use Regulations", and following such amendment said Item 2 shall read as follows: "A. Use Regulations: 2. On-premise signs (as defined in the Fort Worth Sign Code) may be placed or erected on the ground or on the building, but shall not be erected in the `front or side yard, except that single-pole signs may be located in the front or side yard under the following conditions: a) Every portion of such sign extending over the required yard shall have a minimum clearance of eleven (11) feet. b) Signs shall be supported by a single free standing pole without guy wires or braces. c) The face of the sign shall not exceed forty (40) square feet. ~ d) Signs in the front yards shall be located not less than forty-eight (48) feet from Districts 'A', 'A-R', 'B', 'R-1', 'C-R', 'C', 'D', 'D-HR1' or 'D-HR2'. ~~, ~ e) Not more than one pole sign shall be erected in the required front yard for each ~. ~~ ;.~~ '.'`~ "* ~, r ti n ~ ,. Vin. ±? s ~4' ~.:, ,~ _ :: 'r_ fifty (50) feet of street frontage, pro- vided, however, on corner lots and through lots, one pole sign shall be allowed on each street on which the lot has frontage. f) The pole supporting such sign shall be limited to ten (10) inches in diameter or maximum dimension, with allowance for an appropriate base. g) Pylon type supports are prohibited." SECTION 3. That Section 9, "E" Commercial District, of Ordinance No. 3011, as amended, is hereby amended by adding Item 2A to the list of uses permitted in Paragraph A, "Use Regulations", which Item 2A shall read as follows: "A. Use Regulations: 2A. Off-premise signs, subject to 'S' Overlay zoning classification" SECTION 4. That Section 12, "H" Central Business District, of Ordinance No. 3011, as amended, is hereby amended by amending Item 1 of the list of uses permitted in Paragraph A, "Use Regulations," and fol- lowing such amendment said Item 1 shall read as follows: "A. Use Regulations: 1. Any uses permitted in the 'G' Commercial Dis- trict except off-premise signs." SECTION 5. That Section 13, "I" Light Industrial District, of Ordinance No. 3011, as amended, is hereby amended by adding Item 45A to the list of uses permitted in Paragraph A, "Use Regulations", which Item 45A shall read as follows: "A. Use Regulations: 45A. Off-premise signs, subject to 'S' Overlay zoning classification." -2- -, nom. i-,~~` r ~, fee y za~, `,~.°~~. r ,. .,,, I T~ q; ' v _~ _ `I y ~. t 'F,. SECTION 6. That Ordinance No. 3011, as amended, is hereby amended by deleting Paragraph H from Section 17, "Legal Non-conforming Uses, Buildings and Structures." SECTION 7. That Ordinance No. 3011, as amended, is hereby amended by add- ing a new Section 17A, "Off-Premise Signs," which Section shall read as follows: "Section 17A. Off-Premise Signs. This section is enacted to protect the health, safety, welfare, convenience and enjoyment of the general public by providing for uniform standards for the location, spacing, height, setback, lighting and other regulation of off-premise signs within the City of Fort Worth. This section is adopted with specific reference to the regula- tions contained in the Fort Worth Sign Code. The purpose of this section is to: Preserve, protect and enhance areas of historical, archi- tectural, cultural, aesthetic and economic value, regard- less of whether they are natural or man-made; Protect adjacent and nearby properties, in particular residentially zoned properties, from the impact of light- ing, size, height, movement and location of off-premise signs; Protect the safety and efficiency of the City's transpor- tation network by reducing the confusion or distraction to motorists and enhancing the motorists' ability to see pedestrians, obstacles, other vehicles and traffic signs; Enhance the impression of the City which is conveyed to tourists and visitors by controlling the location and num- ber of off-premise signs; and Integrate sign regulations more effectively with general zoning regulations by establishing, requirements for set- backs, height restrictions and spacing to allow for light- ing, ventilation and preservation of views in a manner consistent with land uses in the various zoning districts. "A. Definitions. The words and terms used in this section shall have the meanings ascribed to them in the Fort Worth Sign Code. "B. There is hereby created an 'S' Sign Subdistrict for the purpose of regulating the location of off-premise signs in the City of Fort Worth. The ' S ' Sign Subdistrict shall serve as an overlay zoning classification in dis- tricts 'E', 'F -R', 'F', 'G', 'I', 'J' and 'K'. The above mentioned zoning districts may be followed by the suffix 'S', indicating that any such district will permit the erection of off-premise signs. All applications for 'S' subdistrict zoning shall be heard by the Zoning Commission -3- T~ ~ .. S, r+ a~~el il'' ~~ r ; s APr a a 4'. ,. ! ~, <,~ i. ~. and the City Council in the same manner as other zoning changes. After the effective date of this ordinance, no off-premise sign shall be erected within the City of Fort Worth except in one of the above zoning districts covered by an 'S' Sign Subdistrict classification. Notwithstanding the above, all off-premise signs which were legally erected prior to the effective date of this ordinance shall be allowed to remain in Districts 'E', 'F -R', 'F', 'G', 'I', 'J' and 'K', whether or not covered by an 'S° Sign Subdistrict classification, until such time as they are altered or removed. "C. The following regulations shall apply to all off- premise signs erected in the City of Fort Worth: 1. No off-premise sign may be mounted or displayed as a roof sign or wall sign. 2. Off-premise signs may not be stacked or erected side by side on the same support structure. 3. No face of a 'V' type off-premise sign may pro- trude from the opposite face at an interior angle greater than 25 degrees. 4. No advertising may be placed on any sign struc- ture nor may the sign structure be larger than is reasonably necessary to .support the sign. Nothing contained herein shall be construed to prohibit advertising on the face of the sign. 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 tempera- ture or electronic message signs which otherwise conform to the provisions of the Fort Worth Sign Code. 6.~ Lighting of off-premise signs shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause glare or impair vision. Nothing herein shall be con- strued to permit the lighting of signs located near airports which would conflict with any regulations adopted by the Federal Aviation Administration in the furtherance of air safety. 7. All off-premise signs must meet the set-back and other regulations contained in the respec- tive zoning districts listed above, provided that the height of such signs shall be limited as provided in Paragraphs D, E and F below. 8. Portable off-premise signs shall meet all the requirements of this ordinance. 9. All off-premise signs shall be constructed in strict compliance with the Fort Worth Sign Code, the Fort Worth Building Code and all other federal, state and local laws and regulations laws pertaining thereto. -4- ~`' ti /" # it ~~ ~r i ~ 1 5 j ~ f n a~ t:; 5 "D. In addition to the regulations contained in Para- graph C above, off-premise signs located along interstate and controlled access highways (freeway primary highways) (as delineated on a map showing same in the office of the Building Official) shall be subject to the following regu- lations: 1. Display Area/Face. The face of any off-premise sign shall not exceed 672 square feet excluding cut-out extensions. The cumulative area of all extensions on any one sign shall not exceed twenty percent (20°x) of the area of the sign excluding extensions. 2. Height. Off-premise signs may project to a height of forty (40) feet above the road pave- ment, measured from the center of the right-of- way; provided, however, that the total height of the sign shall not exceed sixty (60) feet. 3. Spacing. No off-premise sign shall be located nearer than 1,760 feet to any other off-premise sign on the same side of the street, measured along the way. E. In addition to the regulations contained in Para- graph C above, off-premise signs located along major arterials (minimum of 120-foot right-of-way with minimum of four (4) moving lanes), other than interstate and con- trolled access highways, shall be subject to the following restrictions: 1. Display Area/Face. The face of any off- premise sign shall not exceed 300 square feet. 2. Height. Off-premise signs may project to a height of twenty-six (26) feet above the road pavement, measured from the center of the right-of-way; provided, however, that the total height of the sign shall not ex- ceed sixty (60) feet. 3. Spacing. No off-premise sign shall be located nearer than 1,000 feet to any other off-premise sign on the same side of the street, measured along the way. F. In addition to the regulations contained in Para- graph C above, off-premise signs located along all streets with less than 120-foot right-of-way or three (3) or fewer moving lanes shall be subject to the following restric- tions: 1. Display Area/Face. The face of any off-premise sign shall not exceed 76 square feet. 2. Height. Off-premise signs may project to a height of twenty (20) feet above the road pave- ment, measured from the center of the right-of- way; provided, however, that the total height of the sign shall not exceed sixty (60) feet. Y, -5- r ~ ` C a v ~ r .T' `, P.,, F err 3. Spacing. No off-premise sign shall be located nearer than 600 feet to any other off-premise sign on the same side of the street, measured along the way. G. Notwithstanding anything else contained in this ordinance to the contrary, all off-premise signs shall be set back from any residential property line as follows: Classification of sign Up to 76 square feet Illuminated Nonilluminated 77 to 300 square feet Illuminated Nonilluminated 300 feet radially 100 feet along the way and 50 feet radially 300 feet radially 200 feet along the way and 75 feet radially Greater than 300 square feet Illuminated 300 feet radially Nonilluminated 300 feet radially 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. There is hereby created a Scenic Preservation Commission for the purpose of making recom- mendations to the City Council regarding the designating of areas of the City as scenic, cultural, architectural or historic areas wherein the location, erection and mainte- nance of off-premise signs is prohibited. Said scenic, cultural, architectural and historic areas shall be desig- nated from time to time in accordance with the following procedure: All applications to designate any land within the City of Fort Worth as a scenic, cultural, architectural or historic area shall be filed with the Scenic Preservation Commission on forms provided by the City. Each application shall be accompanied by a fee of $200.00. Written notice of said hearing shall be given at least ten (10,) days prior to the hearing to the owners of property within such area to be so designated, as such ownership appears on the last approved ad valorem tax roll. In addition, notice of such public hearing shall be published one (1) time in the official newspaper or a newspaper of general circulation at least ten (10) days in advance of the hearing. After holding a public hearing, the Scenic Preservation Commission shall make a recommenda- tion to the City Council either in favor of or against designating all or part of the concerned area as a scenic, cultural, architectural or historic area. Upon receipt of the recommenda- tion of the Scenic Preservation Commission, the Distance from Residentially Zoned Property -6- r _~ ~; r r:,. ~, r Y • ~_. ~1.. j i .~. ` ,. tel.: r ~,s. City Council shall hold a public hearing wherein all interested persons shall be given an oppor- tunity to be heard.. The City Council may there- after by ordinance designate all or any part of said area as a scenic, cultural, architectural or historical area wherein the location, erec- tion and maintenance of off-premise signs is prohibited. I. Notwithstanding anything else contained herein to the contrary, no off-premise sign shall be located within five hundred (500) feet of the property line of any public park, public playground, church or school. J. The following signs are exempted from the re- quirements of this section: 1) Signs on vehicles; 2) Nameplate and street address signs; 3) Not more than one nonilluminated real estate sign, temporary in nature, not ex- ceeding eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements; provided, however, on corner lots and through lots, one such sign shall be allowed for each street on which the lot has frontage. 4) Not more than one construction sign, not exceeding 40 square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor or any statement pertaining to the project; pro- vided, however, on corner lots and through lots, one such sign shall be allowed for each street on which the lot has frontage; 5) Temporary decorative flags; 6) Warning, security and directional signs for parking, etc.; 7) Government signs, flags, insignia, legal notices or informational, directional or traffic signs; 8) Political signs, subject to the following requirements: a) No political sign may be located in any designated scenic, cultural, arch- itectural or historic area; b) Political signs erected solely for and pertaining to a public election may be erected, provided: i) Said signs shall not be erected more than 60 days prior to any -7- wf •~ a ~c '.I~~ . w '3;..r~ ~q Y~ r ' ~n ter. ~ Q primary or general election to which the sign pertains; ii) Said signs shall be removed with - in 10 days after the general or runoff election to which the signs pertain. iii) Signs not exceeding eight (8) square feet in area may be erected in any zoning district; iv) Signs not exceeding 32 square feet in area may be erected only in Districts 'E' , 'F-R' , 'F' , 'G', 'I', 'J' and 'K'. 9) All signs not visible from off property. K. Any off-premise sign which is nonconforming as to the provisions of Paragraph C.5 or Paragraph C.6 shall be brought into compliance with the provisions of this ordi- nance by alteration or removal no later than January 1, 1985. All other nonconforming off-premise signs shall be brought into compliance with the provisions of this ordi- nance by alteration or removal no later than January 1, 1991. Notwithstanding the above, any nonconforming off- premise sign which is altered or relocated shall be brought into compliance with this ordinance at the time of such alteration or relocation. Nothing contained herein shall be construed to pre- vent the City of Fort Worth from removing any off-premise sign prior to the above amortization dates upon payment of just compensation. L. Notwithstanding anything else contained in this ordinance to the contrary, the Zoning Board of Adjustment shall have no power to vary the spacing or location of off-premise signs, or the setback from residential prop- erties o.f off-premise signs." SECTION 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 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 -8- r r . v, ~ ~~ ~ y • Vii' A•i~~L~. •! ? •-. 4 i~y ~. ~, N;{n •. t\ ~ .~ ',~..<. Try G. ~~~~ a. > ; r 35; ~, ' 1 * y r i { ' , i / ~; ,. ~ , a . this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional 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 and said Code shall be fined not more than One Thousand Dollars ($1,000) for each offense. Each day that a violation is permitted to exist shall constitute a sepa- rate 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 commercial advertising signs which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, 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 the 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- -9- ~, CJ R {til A.: t .i .I ~ Y' ~ 1 '!~. / z.i. r w , .>. - .~ /'~ ~ :~ 'r 1 f . 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 1, 2, 3, 4, 5, 6, 7, 10 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 1, 2, 3, 4, 5, 6, 7, 10 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. 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. APPRO VED AS TO FORM AND LEGALITY: City Attorney Date : (P - ~ ~ ~ g y., `~ ADOPTED: (P -~a-~ EFFECTIVE: -10-