HomeMy WebLinkAboutOrdinance 21163-03-2014 ORDINANCE NO. 21163-03-2014
AN ORDINANCE AMENDING CHAPTER 29, "SIGNS," ARTICLE
V, "OFF-PREMISE SIGNS," OF THE CODE OF THE CITY OF
FORT WORTH (1986) AS AMENDED, TO ADD SECTION 5.03
"RELOCATION OF CERTAIN OFF-PREMISE SIGNS" TO
PROVIDE FOR REGULATIONS RELATED TO RELOCATION
OF OFF-PREMISE SIGNS IN 1-35W SEGMENT 3A CORRIDOR;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation (TxDOT) will be
financing, constructing, operating and maintaining the reconstructed section of 1-35W
from the centerline of 1-30 north to, and Including, the 1-35W/820 interchange project
(commonly known as Segment 3A); and
WHEREAS, Segment 3A (from 1-30 north to the 1-35W/820 interchange) is a
$1.4 billion segment that will nearly double road capacity by rebuilding existing lanes
and adding tolled express lanes; and
WHEREAS, in December 2013 TxDOT requested the City allow the relocation
of off-premise signs to Support the financing of this critical transportation project; and
WHEREAS, the City has a general prohibition of the construction of off-premise
signs within the City and extraterritorial jurisdiction that does not allow for the relocation
of off-premise signs; and
WHEREAS, the City supports the removal of off-premise signs, particularly in
designated scenic corridors and areas; and
WHEREAS, in consideration of TxDOT's request, the City Council supports the
limited relocation of off-premise signs in the 1-35W Segment 3A corridor because the
improvements to I.-35W will have a significant, positive impact on countless commuters
and thousands of companies moving goods and services within the City and the region;
NOW, THEREFORE,, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
Opt.213 Ordinance No. 21 163-03-2014
Pagel of
SECTION 1.
Chapter 29, "Signs," of the Code of the City of Fort Worth (1986) is hereby
amended by amending Article V "Off-Premise Signs" to add Section 5.03 "Relocation of
certain off-premise signs" by providing for regulations for the relocation of off-premise
signs in the 1-35W Segment 3A corridor, to read as follows:
SECTION 5.03 —Relocation of certain off-premise signs
5.03. Relocation of certain off-premise signs. Certain legal non-conforming detached
Off-Premise signs located on or overhanging a parcel of land acquired by Texas
Department of Transportation for the 1-35W Segment 3A Corridor (see attachment A) or
(extending from 1-30 to Loop 820NE) may be relocated subject to the following
restrictions:
I Location and Size Standards:
a. to qualify for relocation, a sign must be legally registered with the
City;
b. to qualify for relocation, a sign must be able to be relocated to a non-
designated scenic area or corridor in an industrial zoning district
within the 1-35W Segment 3A Corridor;
c. maximum sign face area is limited to the original sign face area or 672
square feet, whichever is less; and
d. maximum sign height is limited to the original sign height or 50 feet,
whichever is greater.
2. Calculation of Credits for Relocation of Off-Prernise Signs
a. Each sign structure with one or two faces counts as one sign;
b. In order to relocate one off-premise sign with the 1-35W Segment 3A
Corridor, the owner of the sign must remove at least four (4) off-
premise signs and the associated structures, which are separate from
the sign to be relocated. The signs may be removed from the 1-35W
Segment 3A corridor or from any designated scenic area or scenic
corridor as identified in the Zoning Ordinance. Credit will not be given
for signs that have not been registered in accordance with Section
5.01; and
c. The total square footage of the sign faces to be removed must equal
four times the square footage of the sign face to be relocated.
SECTION 2.
This ordinance shall be cumulative of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of this ordinance are in direct conflict
Opt.2B Ordinance No.21163-03-2014
Page 2 of 4
with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
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 judgment or final decree of any 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 in this ordinance of any such void, ineffective, or unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and all violations of the Code of the City of Fort Worth, or any other ordinances of
the City, that 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 5.
Any person, firm, or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable
by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving
fire safety, or public health and sanitation and shall be fined not more than Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day or portion thereof
during which any violation of this ordinance occurs or continues shall be deemed a
separate offense and upon conviction thereof shall be punishable as herein provided.
SECTION 6.
The City Secretary of the City of Fort Worth, is hereby directed to publish the
caption, penalty clause, and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas as authorized by Section 2,
Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a)
of the Texas Local Government Code.
Opt.2B Ordinance No. 21163-03-2014
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SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED
O FORM AND LEGALITY:
r
Assistant City Attorney Ma'y Kayser Ci ec e ary
Adopted: March 18, 2014
Effective:
Opt.2B Ordinance No. 21163-03-2014
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City of Fort Worth
Mayor �� �� =� Council mm/m�� �� ��� 0��NN�� Communication
COUNCIL ACTION:
ON
DATE: Tuesday, March 10. 2O14 REFERENCE NO': G-10157
LOG NAME: 12S|GNRELOCAT|()NS
SUBJECT:
Adopt Ordinance Amending Chapter 29, Signs by Amending the Regulations Related to Off-Premise Signs,
to Allow for Relocation of Certain Signs in the |-35VVSegment 3/\ Corridor (COUNCIL DISTRICTS 2' 4. 8
and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 29, to amend the
regulations related to off-premise signs to provide for regulations n8|St8d to the relocation of off-premise
signs in the |-35VV Segment 3ACorridor.
DISCUSSION:
The Texas Department of Transportation /TxD{}T\ will be financing, constructing, operating and
maintaining the reconstructed section Of |-35VVfrom |-3O north tVthe Loop 820 interchange project
(commonly known 88 Segment 3Aof the North Tarrant Express Project). The $1.5 billion Segment 3A
construction will nearly double roadway capacity by rebuilding existing lanes and adding tolled express
lanes.
In December 2013, TxDOT requested the City allow the relocation of off-premise signs to support the
financing of this critical transportation project. The City has 8 general prohibition Of the construction Ofoff-
premise signs within the City and extraterritorial jurisdiction that does not allow for the r8|Oo8don Vfoff-
premise signs. The City supports the nSnnnva| of off-premise signs, particularly in designated scenic
corridors and areas.
However, in light of the project's importance to |Vo@| and regional mobility and in consideration ofTXD[)T`S
request, Staff recommends that the City Council support the limited relocation of certain off-premise signs
in the |-35VV Segment 3A corridor. Ofthe 25 affected signs, 11 may not relocate and 14 will be eligible for
relocation within the \-35corridor.
Staffs recommendation will a||Vvv for the p8|Vo8tiOO of all Off pnBnniSe signs in the corridor that are CVrF8Dt|y
in industrial zoning districts, excepting those inthe portion of |-35VV designated 8S8scenic
corridor, Signs located in other zoning categories and signs located ina scenic corridor may not be
relocated. If sign is located in both industrial zoning and a scenic oo[[ido[, it may not be relocated. Staff
anticipates that of the 38 signs iD the corridor, 13 are unaffected by the current project, 11are affected
and may not relocate, and 14 will be eligible for relocation within the 1-35 C0[Tido[
The iOlp[Dv8nnentS to |-35VVwill have a signific8Dt, positive impact OD C0OoDlUte[S and On oOolpaOieS
moving goods and services within the City and the region.
The ordinance amendments would affect property in COUNCIL DISTRICTS 2, 4' 8and 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Judy Lacker (8006)
Additional Information Contact: Melinda Ramos (7631)
Logname: 12SIGN RELOCATIONS Rage 2 of 2