HomeMy WebLinkAboutOrdinance 21716-04-2015 ORDINANCE NO. 21716-04-2015
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" TO AMEND
SECTION 6.411, "ELECTRONIC CHANGEABLE COPY SIGNS" TO
ADD ADDITIONAL REGULATIONS TO THE OPERATION OF
j ELECTRONIC CHANGEABLE COPY SIGNS AND TO PROVIDE
COMPATIBILITY CONSIDERATIONS FOR THE BOARD OF
ADJUSTMENT; PROVIDING THAT THIS ORDINANCE SHALL BE
i CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING
AN EFFECTIVE DATE.
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WHEREAS, in August 2009, the City Council adopted Ordinance No. 18745-08-2009
I which provided regulations for the installation of electronic changeable copy signs; and
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i WHEREAS, since the adoption of the electronic changeable copy sign regulations there
have been numerous requests for electronic changeable copy signs located throughout the City
which have been approved by the Commercial Board of Adjustment with a common stipulation
to have these signs non-operational between the hours of 11 p.m. and 6 a.m.; and
WHEREAS, technology has advanced to provide sound, as well as automatic dimming
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in response to ambient light conditions; and
{ WHEREAS, additional regulations are necessary to provide adequate compatibility
between electronic changeable copy signs and adjacent land uses; and
WHEREAS, certain possible negative effects of an electronic changeable copy sign may
be minimized through the use of supplemental development standards to place limitations on
i sign brightness and sound capability, and to add land use compatibility standards; and
WHEREAS, the Zoning Commission recommends amending Section 6.411 to add
limitations and land use compatibility standards for electronic changeable copy signs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
Electronic Changeable Copy Signs, Section 6.411 Ordinance No.21716-04-2015
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SECTION 1.
Chapter 6, "Development Standards", Article 4, "Signs" of Ordinance No. 13896, the
Zoning Ordinance of the City of Fort Worth, hereby amends Subsection 6.411 "Electronic
Changeable Copy Signs" to add certain development standards and to add land use compatibility
considerations to read as follows:
Sec. 6.411 ELECTRONIC CHANGEABLE COPY SIGNS.
i (a) Electronic changeable copy signs may be permitted by s ecial exception of the board of
adjustment in commercial, industrial, mixed-use and community facility zoning districts, subject
to the following conditions.
(1) A maximum of 25% of the sign face may be devoted to changeable copy.
(2) The message rate shall not change at a rate faster than one message every 20 seconds.
(3) Electronic changeable copy signs shall not contain animation, rolling or running letters
! or message, flashing lights or displays as part of the display.
i (4) On detached signs, electronic changeable copy shall be limited to monument signs,
except where pylon and freeway signs are allowed under § 6.409.
(5) Electronic changeable copy signs shall have automatic dimming technology installed
limiting the sign to no more than 0.3 footcandles above ambient light, measured at a distance
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equaling the square root of the product of the sign's square footage multiplied by 100. The
distance shall be rounded to the closest whole number.
(6) All sound shall be prohibited.
(b) The board of adjustment shall not grant variances which are less restrictive than the
conditions of the special exception.
(c) In granting the special exception, the board of adjustment shall consider the following:
(1) the presence of other electronic changeable copy signs in the vicinity;
(2) the visibility from residential districts;
(3) the street classification of the adjacent roadways; and
(4) the proximity to scenic areas or corridors.
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SECTION 2.
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This ordinance shall be cumulative of all other ordinances of the Code of the City of Fort
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Worth, Texas (1986), as amended, affecting zoning and shall not repeal any of the provisions of
such ordinances, except in those instances where provisions of such ordinance are in direct
i conflict with the provisions of this ordinance.
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Electronic Changeable Copy Signs,Section 6.411 Ordinance No.21716-04-2015
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SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto 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 or criminal, same shall not be affected by this ordinance but may be
I prosecuted until final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
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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
j unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
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voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or 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.
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SECTION 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
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! 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 is permitted to exist shall constitute a separate offense.
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Electronic Changeable Copy Signs, Section 6.411 Ordinance No.21716-04-2015
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SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Section 52.013, Texas Local Government Code.
SECTION 7.
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This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
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By: Jffll�"Ww
i Melinda Ramos, Assistant City Attorney Mary Kayser, City Secretary
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j Adopted: April 7,2015
Effective:
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` Electronic Changeable Copy Signs, Section 6.411 Ordinance No.21716-04-2015
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