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HomeMy WebLinkAboutOrdinance 7908 ORDINANCE NO. -ZCa_CS AN ORDINANCE AMENDING THE PROVISIONS OF SECTION 1 OF ORDINANCE NO. 7247, THE SAME BEING "THE SIGN CODE OF THE CITY OF FORT WORTH" AND BEING PROMUL- GATED AS APPENDIX G OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING SECTIONS 6.02 AND 7.02 THEREOF TO PERMIT CERTAIN ELECTRONIC INFORMATION DISPLAYS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AFFECTING SIGNS AND PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 6.02. Miscellaneous, of Article 6, Appendix G, Sign Code (Ordinance No. 7247) of the Code of the City of Fort Worth (1964) , as amended, be and the same is further amended so that it shall hereafter be and read as follows: "Section 6.02. Miscellaneous. No sign shall be permitted to project over public right-of-way if such sign: " (a) Is a flashing sign; or " (b) Is a running-light sign or twinkle sign; or " (c) Contains a source of illumination visible from ground level or by any other method than indirect illumination; or " (d) Is a revolving sign or animated sign; or " (e) Contains words such as "stop," "look," "danger," or any other word, phrase or symbol or character which may be confused with any authorized traffic control device. "Provided, however, that electronic information displays which have sequential and flexible, changeable message capacity and which may be changed by electronic process or by remote control offering such information (by way of illustration and not by way of limitation) , as time, date, temperature, weather, directional informa- tion or other public services or commercial messages of interest to the traveling public, are not prohibited by the foregoing provisions pertaining to flashing, running- light, twinkle, or animated signs, providing further that such displays have a minimum height of the character size on the information display which exceeds eight (8) inches in height and conform in all other respects to the provisions and limitations of this Ordinance, as amended, also known as 'The Sign Code of the City of Fort Worth. " SECTION 2. That Section 7.02 of Article 7, Appendix G, Sign Code (Ordinance No. 7247) of the Code of the City of Fort Worth (1964) , as amended, be and the same is further amended so that it shall hereafter be and read as follows: "Section 7.02. Signs with the following characteris- tics shall not be erected within that cross-hatched area as indicated by Figure 7-A: " (a) Flashing, running light, twinkling or revolving signs. " (b) Signs obscuring or interfering with the operation of traffic-control devices. " (c) Signs employing lights colored similarly to those used in traffic-control and emergency devices. Such colors shall include, by way of example but not limita- tion, red, amber, green and blue. "Provided, however, that electronic information displays which have sequential and flexible, changeable message capacity and which may be changed by electronic process or by remote control offering such information (by way of illustration and not by way of limitation) , as time, date, temperature, weather, directional informa- tion or other public service or commercial messages of interest to the traveling public, are not prohibited by the foregoing provisions pertaining to flashing, running- light or twinkling signs, providing further that such displays have a minimum height of twenty-four (24) feet above finished grade, have a height of the character size on the information display which exceeds eight (8) inches in height and conform in all other respects to the provisions and limitations of this Ordinance, as amended, also known as 'The Sign Code of the City of Fort Worth. '" SECTION 3. That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting signs and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 4. 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 -2- void, ineffective or unconstituional by the valid judgment or final decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any 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 5. That any person firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 6. That this ordinance will take effect and be in full force " and effect from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: �z 4 X0 ity Atto ney ADOPTED: M A`/ 1 .5 1 G °] 157— EFFECTIVE: -3- FILE City of Fort Worth, Texas HERCHERT Mayor and Council Communication BAILIFF SMITH DATE REFERENCE SUBJECT: Amendment to the Sign Ordinance PAGE NUMQ .i 5/8/79 G-4166 of the City of Fort Worth 1 of 2 BILARDI SANTERRE The American Sign and Indicator Corporation has requested the City Council amend Section 6.02 and Section 7.02 of Ordinance ##7247 (Sign Ordinance) . The amendment requested will permit electronic (computer controlled) message centers to be placed within certain areas of properties where they are now prohibited. The amendment to be added to Section 6.02 and to Section 7.03 of Ordinance #7247 is stated as follows: "Provided that electronic information or public service displays such as time and temperature units and message centers shall not be considered as a flashing, running or twinkling light so long as the height of the character size on the information display exceeds eight inches in height and the information presented on the information display is of a variable nature which may be changed by electronic process or by remote control." The amendment would permit the electronic message center to project two feet past the property line and would permit the electronic message center to be placed within an area where certain signs are prohibited because such signs are considered traffic hazards. Sections 6.02 and 7.02 as proposed for amendment are attached. History Mr. Dave Pease, representing the American Sign and Indicator Corporation, on July 13, 1978 came before the Building Code Board of Appeals requesting a variance to the terms of the Sign Ordinance to permit a sign to be constructed in an area where such signs are now prohibited by the Sign Code. The Appeals Board denied the request. Mr. Joe Bruce Cunningham, Attorney representing the American Sign and Indicator Corporation, on January 4, 1979 came before the Board and requested amendments to the Sign Code. The applicants presented two studies made on computer message signs. The Building Official, at the request of the Board, asked the Director of the Transportation Department if the proposed sign location for the computer message center would present a traffic hazard problem. The Director of the Transportation Department stated that, although there are not any accident statistics relative to sign location, the placement of said signs could create a distraction and could therefore be a traffic hazard. The Appeals Board, after review of the data presented, voted unanimously not to recommend the proposed amendments to the Sign Code. DATE REFERERNCE SUBJECT: Amendment to the Sign Ordinance PAGE NUMBE 5/8/79 G-4166 of the City of Fort Worth 2 or 2 Both the Building Official and the Director of Transportation believe that if such signs have a minimum height clearance above the highest traffic signal street standard in order not to be confused with the traffic signals, their objections would be removed. In order to achieve that clearance, a minimum height of twenty-four feet would be required. Recommendation If the City Council approves the request of the applicant to amend Sections 6.02 and 7.02 of Ordinance #7247, it is recommended that a provision be added to require that the proposed signs have a minimum height of twen- ty-four feet above finished grade. WRH:hq Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITIO YN COUNCIL: PROCESSED BY OFFICE BY: APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Joe Bilardi ADO I d I Iij\iffi{�. '' CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Lester Paige, Ext. 7820 DAT£