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HomeMy WebLinkAboutOrdinance 18745-08-2009ORDINANCE NO 18745-08-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO 13896, AS AMENDED, CODIFIED AS APPENDIX A OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND ARTICLE 4 `SIGNS OF CHAPTER 6, `DEVELOPMENT STANDARDS AMENDING SECTION 6.401 `DEFINITIONS TO RENAME THE SECTION `ENFORCEMENT" AND ADD LANGUAGE RELATING TO ENFORCEMENT AND MOVE THE DEFINITIONS CONTAINED THEREIN TO CHAPTER 9 `DEFINITIONS TO AMEND SECTION 6.411, `ELECTRONIC CHANGEABLE COPY SIGNS TO CLARIFY THAT VARIANCES ARE NOT ALLOWED• AND TO REVISE DEFINITIONS OF `SIGNS ATTACHED SIGNS AND `TEMPORARY SIGNS AND ADD DEFINITIONS FOR `INFLATABLE OR BALLOON SIGNS AND `PROJECTED IMAGE SIGNS IN CHAPTER 9 PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY CLAUSE PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE WHEREAS, on November 6 2007 the Fort Worth City Council approved Ordinance No 17872 which substantially revised Chapter 6, Article 4 of the Zoning Ordinance to provide regulations for the installation of signage for the marketing and identification of properties, electronic changeable copy signs and monument signs, and WHEREAS, since the adoption of the 2007 revisions, businesses have become increasingly interested m utihzmg existing and new sign technology to advertise their product or location, such as projected image signs, inflatable or balloon signs and electronic changeable copy signs, and WHEREAS, additional regulations are necessary to provide standards for the height, size, location and use of electronic changeable copy signs, inflatable or balloon signs, and projected image signs and to encourage the use of monument signs in order to reduce visual clutter and WHEREAS, rt is recommended that Article 4 `Signs" of the Zoning Ordinance be amended to add regulations for projected image signs and inflatable or balloon signs, clanfy that electronic changeable copy signs shall be limited to monument signs and amend Chapter 9 `Definitions" to revise the definitions for `signs" to include inflatable or balloon signs and projected image signs. 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Section 6 400 `Scope and Enforcement" is hereby amended to delete and Enforcement" and related language from the title and content of the section, to read as follows 6.400 Scope This article is enacted to provide uniform standards for the location, spacing, height, hghtmg, and other regulation of signs wrthm the Crty of Fort Worth. The purpose of this Article is to protect the health, safety welfare, convenience and enjoyment of the general public from m~ury which may be caused by the unregulated construction of signs. It is the intent of these regulations to achieve the following: 1 Enhance the economic value of the landscape by avoiding visual clutter which is potentially harmful to property values and business opportunities 2 Promote the safety of persons and property by providing that signs do not create a hazard due to collapse, fire, collision, weather or decay 3 Protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing motorists ability to see pedestrians, obstacles, other vehicles and traffic signs, 4 Enhance the impression of the City which is conveyed to tourists and visitors, 5 Protect adjacent and nearby properties from the impact of hghtmg, size, height and location of signs, 6 Preserve, protect and enhance areas of historical, architectural, scenic and aesthetic value, regardless of whether they be cultural, natural or man-made; and 7 Encourage the removal of off-premise signs from designated scenic, cultural, architectural or historic districts or corndors. SECTION 2. Section 6 401 `Definitions" is hereby amended to rename the section `Enforcement" add language related to enforcement and move the definitions contained therein to Chapter 9 `Definitions" to read as follows 6.401 Enforcement. This Article is adopted with specific reference to the regulations contained m the Fort Worth Sign Code, Chapter 29 City Code, and shall be enforced m conjunction with such code. 2 SECTION 3. Section 6 403 `Signs Not Requiring a Permit" subsection (15) is hereby amended to delete language related to lighter-than-air signs, to read as follows 15 Signs designed and used m conjunction with aircraft. SECTION 4. Section 6 404 `Temporary On-Premise Signs Requiring a Permit" is hereby amended to provide that mflatable or balloon signs are allowed as temporary on-premise signs, to read as follows 6.404 Temporary On-Premise Signs Requiring a Permit A. All temporary signs not previously exempted under Section 6 403 including mflatable or balloon signs, portable signs on trailers and banners shall require a permit. Temporary signs are permitted only m the 'CF" Community Facilities and 'ER Neighborhood Commercial Restricted or less restrictive districts. Temporary signs must meet all requirements of the sign code (Chapter 29 of the City Code), mcludmg permrttmg requirements. 1 Signs, with the exception of mflatable or balloon signs, shall be a maximum size of 60 square feet. 2 Only one such sign shall be allowed per business, not to exceed two signs per platted lot. On lots with more than 300 feet of street frontage, one sign shall be allowed per business, not to exceed three signs. 3 No temporary signs shall be located within 100 feet of another temporary sign. 4 One temporary portable sign or banner shall be permitted for a period of 30 consecutive days, provided only one sign or banner shall be permitted during the 30 day period and there must be at least 30 days between the display of each sign or banner 5 Inflatable or balloons shall be allowed. Only 60 square feet of Advertised Message Area shall be allowed on an inflatable or balloon regardless of the size of the inflatable or balloon. Only one mflatable or balloon sign shall be permitted for a period of 30 consecutive days, provided only one mflatable or balloon sign shall be permitted during the 30 day period and there must be at least 30 days between the display of each inflatable or balloon sign. SECTION 5. Section 6 411 `Electronic Changeable Copy Signs" is hereby amended to provide that electronic changeable copy signs shall be hmrted to monument signs and provide that varaances to the special exception conditions are not allowed, to read as follows 6.411 Electronic Changeable Copy Signs Electronic changeable copy signs may be permitted by special exception of the Board of Adjustment m commercial, mdustraal, mixed-use, and community facility zoning distracts, subject to the following conditions A. A maximum of 25% of the sign face maybe devoted to changeable copy B The message rate shall not change at a rate faster than one message every 20 seconds. C Electronic changeable copy signs shall not contain animation, rolling or running letters or message, flashing lights or displays as part of the display D On detached signs, electronic changeable copy shall be limited to monument signs, except where pylon and freeway signs are allowed under Section 6 409 The Board of Adjustment shall not grant varaances which are less restrachve than the conditions of the special exception. SECTION 6. Chapter 9 `Definitions" is hereby amended to revise the definition of `sign `sign, attached" `sign, changeable copy" `sign, projected image `temporary sign to read as follows Sign. Any surface, fabrac, device, inflatable or balloon, display or visual medium, including the component parts, which bears letters, pictoraal 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 or images painted or projected 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. The term sign includes the sign structure. Sign, attached. A sign which is affixed to supported by projected on as a fixed and non- moving image, or painted on a building. 4 Sign, changeable copy An on-premise sign that is characterized by changeable copy letters, symbols, or numerals that are not permanently affixed to the structure, framing or background allowing the letters, characters, or graphics to be modified from time to time manually or by electronic or mechanical devices, such as but not limited to a bulletin board, er electronic message board, or projected image sign. However an athletic scoreboard or sign located on the athletic field sign of a fence shall not be an electronic changeable copy sign. Changeable copy signs may not be used to display commercial messages relating to products or services that are not offered on the premise. Sign, inflatable or balloon. Air or gas filled balloons or similar devices used to advertise or define a fixed location. Sign, projected image. A sign which involves a fixed and non-moving image projected on the face of a wall or structure from a distant electronic device, such that the image does not originate from the plane of the wall or structure. Sign, Temporary Any sign intended to be displayed for a limited penod of time only including by way of example but not of limitation, any sign, banner pennant, valance, inflatable or balloon or advertising display constructed on cloth, canvas, light fabric, wallboard or other light materials, with or without frames or wheels. SECTION 7 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 m direct conflict with the provision of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 8. It is hereby declared to be the intention of the city Council that 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 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 ordnance, since the same would have been enacted by the City Council without the 5 incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9 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 Two Thousand Dollars ($2000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 10 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 13896 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 m court or not, under such ordinances, same shall not be affected by this ordinance buy maybe prosecuted until final disposition by the courts. SECTION 11 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013 Texas Local Government Code. SECTION 12. This ordinance shall take effect upon adoption and publication as required by law APP OVED AS TO F AND LEGALITY 0~ Assistant City Attorney ADOPTED August 4, 2009 EFFECTIVE 6