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Home My WebLink AboutCP 188 COT FO WO , TEXAS - 0 o . COUNCIL PROPOSAL Date File Number Subject Review of Sign and Billboard Ordinances;Moratorium on Receipt and 8/12/94 CP— 188 Processing of Certain Sign Permit and Rezoning Applications ounce me ars City Manager! ReviePTift�d�elow C ' 2 Page--off Proposal: It is proposed that the City of Fort Worth adopt the attached ordinance requesting and directing that the Zoning Commission and the City Council consider, for a period not to exceed one hundred and twenty (120) days, the City's ordinances and regulations concerning off-premise commercial advertising signs (billboards) . To prevent any worsening of sign problems while the Zoning Commission and City Council deliberate, the attached ordinance provides that the Department of Development be instructed, effective immediately: 1) Not to accept or process any applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs or to issue permits for such signs; 2) Not to accept or process any applications for "S" Sign Subdistrict zoning. A moratorium on the acceptance of applications for billboard permits and "S" Sign fplSubdistrict Zoning was adopted by the City Council on April 12, 1994, to be effective for a period of 120 days. The moratorium expired on August 10, 1994. It is proposed that a second moratorium be declared in order to allow the Zoning Commission and the City Council additional time to consider amendments to the City's ordinances and regulations concerning off-premise commercial signs. Background: Over the years the number of off-premise commercial advertising signs in the City of Fort Worth has steadily increased. At present the issuance of permits for such signs is governed by two City ordinances: the Sign Code and the Comprehensive Zoning Ordinance. These ordinances place some controls on such signs but do not adequately limit their proliferation. There are also complex state and federal statutes that limit the City's authority to regulate the removal, relocation and reconstruction of signs. It is anticipated that within the next several years the number of off-premise commercial advertising signs within permitted zoning classifications may increase. In order to revise the City's sign ordinances, the Zoning Commission would work with City staff to research recent developments in the area of sign regulation and would make recommendations to the City Council concerning any proposed amendments to the City's ordinances and regulations. Legality: The City Attorney has reviewed this proposal and there are no known legal impediments to the implementation of the proposal. OFFICIAL RECORD r� CITY SECRETrRY ❑ LEGALITY 1�f 11 ❑ FISCAL NOTE FT. r�u n, Ti' ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CIT FO \/1/O s TEXAS ` — o 0. COUNCIL PROPOSAL Date File Number SUbj8d Review of Sign and Billboard Ordinances;Moratorium on Receipt and 8/12/94 CP— 188 PmcessWg of Certain Sign Permit and Rezoning Applications ��y Councilmembers City PNanager' Review 2 PL .ted below 2 Page sof Fiscal Note: If this proposal were adopted it is anticipated that there might be some delay in the receipt of revenues from sign permit fees but that no significant permit fee revenues would be lost. City Manager's Comments: re", The City Manager has no objection to this policy proposal. ouncilmember, District 2 Councilmember, District 6 i �oQuncilmembLir- ,. Distriot 3 Councilmember, District 7 i Council ember District Councilmember, District 8 Council embe , istrict 5 Councilmember, District 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TM APPROVED CITY COUNCIL AUG 16 1994 ❑ LEGALITY ❑ FISCAL NOTE G ❑ CITY MANAGER'S COMMENTSCitySemh ry of the " CITY POLICIES MANUAL Adapted Ordinance N6.z&?61 City of Port Worth,Temn Ll 00"111 ORDINANCE NO. ! IK" � AN ORDINANCE REQUESTING AND DIRECTING THE ZONING COMMISSION OF THE CITY OF FORT WORTH TO FORMULATE AND REPORT TO THE CITY COUNCIL AS EXPEDITIOUSLY AS POSSIBLE ITS RECOMMENDATIONS RELATING TO REVISING CITY ORDINANCES AND REGULATIONS TO PROVIDE FOR MORE ADEQUATE CONTROLS ON THE NUMBER, SIZE, LIGHTING, SPACING, LOCATION AND PERMITTING OF OFF-PREMISE OUTDOOR COMMERCIAL ADVERTISING SIGNS IN THE CITY OF FORT WORTH; PROHIBITING FOR A PERIOD NOT TO EXCEED ONE HUNDRED AND TWENTY (120) DAYS THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR PERMITS FOR THE ERECTION OR ALTERATION OF OFF-PREMISE OUTDOOR COMMERCIAL ADVERTISING SIGNS AND THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR "S" SIGN SUBDISTRICT ZONING PENDING CONSIDERATION BY THE ZONING COMMISSION AND A0k THE CITY COUNCIL OF REVISIONS TO SUCH CITY ORDINANCES AND REGULATIONS; PROVIDING FOR A METHOD FOR REPEAL OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER CODES AND ORDINANCES OF THE CITY EXCEPT WHERE SUCH OTHER CODES AND ORDINANCES ARE IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Charter adopted by the electorate in December 1924 ; and WHEREAS, under Chapter 216 of the Texas Local Government Code, home rule cities are given the power to license, regulate, control or prohibit the erection of signs or billboards as may be provided by charter or ordinance, provided, however, that no municipal regulation of the relocation, reconstruction or removal of a sign or billboard may violate the provisions of Subchapter A, Chapter 216, of the Texas Local Government Code; and WHEREAS, pursuant to this power, the City of Fort Worth has adopted a City Sign Code (Chapter 29 of the Fort Worth City Code, as amended) , which regulates the erection, size, lighting and permitting of signs and billboards; and WHEREAS, the City of Fort Worth also regulates the location, spacing, size and lighting of signs and billboards under the Comprehensive Zoning Ordinance (Ordinance No. 3011, as amended) ; and WHEREAS, there are numerous off-premise outdoor commercial advertising signs in all areas of the City; and ° WHEREAS; a number of applications for the permitting of off- premise outdoor commercial advertising signs have '�, i n 4� LILY KCRETARY FT. WORTH, TEX.] the City as well as applications for "S" Sign Subdistrict zoning; ._, and WHEREAS, the current ordinances and regulations governing off- premise outdoor commercial advertising signs in the City of Fort Worth may be inadequate to control the proliferation of these signs throughout the City; and WHEREAS, the increasing number of off-premise outdoor commercial advertising signs erected in the City of Fort Worth could adversely affect the health, safety and welfare of the citizens of Fort Worth; and WHEREAS, on April 12 , 1994 , the City Council adopted Ordinance No. 11537 , which imposed a moratorium on the acceptance of applications for the erection or alteration of off-premise outdoor - commercial advertising signs and the acceptance of applications for "S" sign subdistrict zoning for a period of one hundred twenty (120) days from the effective date of such ordinance in order that the Zoning Commission and the City Council could review the question of amending the Sign Code, the Comprehensive Zoning Ordinance and all other ordinances and regulations governing off- premises outdoor commercial advertising signs in the City of Fort Worth; and WHEREAS, the moratorium expired on August 10, 1994 ; and WHEREAS, additional time is required for the Zoning Commission to formulate and report to the City Council the Zoning Commission ' s recommendations relating to proposed amendments to the Sign Code, the Comprehensive Zoning Ordinance and any and all other ordinances and regulations governing off-premise outdoor commercial advertising signs in the City of Fort Worth; and WHEREAS, pursuant to the valid exercise of the police power granted the City under Chapter 216 of the Texas Local Government Code and the home-rule Charter of the City, the City Council deems it imperative to adopt an ordinance prohibiting the acceptance and processing of applications for permits for the erection or alteration of off-premise commercial advertising signs and the acceptance and processing of applications for "S" Sign Subdistrict zoning, pending the expeditious consideration by the Zoning Commission and the City Council of the question of amending the Sign Code, the Comprehensive Zoning Ordinance and all other ordinances and regulations governing off-premise outdoor commercial advertising signs in the City of Fort Worth; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- OFFICIAL RECORD CITY SEC,'IFT.4 Y 1 FT. 'l i'O fM, 161 SECTION 1. That the Zoning Commission is hereby requested and directed to report to the City Council as expeditiously as possible the Zoning Commission' s recommendations relating to proposed amendments to the Sign Code, the Comprehensive Zoning Ordinance and any and all other ordinances and regulations governing off-premise outdoor commercial advertising signs. SECTION 2 . That, pursuant to the valid exercise of the police power granted the City under Chapter 216 of the Texas Local Government Code and the Charter of the City of Fort Worth, the acceptance and processing of applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs, and � - the issuance of such permits, and the acceptance and processing of applications for "S" Sign Subdistrict zoning, and the hearing of such applications by the Zoning Commission, shall be prohibited for a period of one hundred and twenty ( 120) days from the effective 4r date of this ordinance or until this ordinance is repealed, whichever occurs first, so that the Zoning Commission and the City Council may expeditiously review the question of amending the Sign Code, the Comprehensive Zoning Ordinance and all other ordinances and regulations governing off-premises outdoor commercial advertising signs in the City of Fort Worth. The purpose of this prohibition is to maintain the status quo of off-premise outdoor commercial advertising signs within the City until such time as the -3- OFFICIAL 1FC3,1 PITY F',FTARY 4. 1 proposed amendments can be considered by the Zoning Commission and the City Council. SECTION 3 . That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 4 . That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same or until one hundred and twenty (120) days from the effective date of this ordinance, whichever occurs first. SECTION 5. s That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986) , 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, such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECTION 6. That 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 void, ineffective or unconstitutional by the valid -4- WICIAL RULE C0R0 CITY 1UM."!1iJ.AR judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 . That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: — e ADOPTED• -/ ' - L/, EFFECTIVE: oFr�UTALECU0110 1 CITYSENETARY FT. WORTH, TEL l