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HomeMy WebLinkAboutOrdinance 14747.~ :~ -~ ORDINANCE NO ~' / AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT WORTH, "SIGNS", PROVIDING THAT CERTAIN TYPES OF SIGNS ARE EXEMPT FROM SELECTED PROVISIONS OF CHAPTER 29 BUT ARE SUBJECT TO PROVISIONS RELATING TO UNSAFE SIGNS, TEMPORARY SIGNS, ENCROACHMENT IN THE RIGHT-OF-WAY AND TRAFFIC HAZARDS; PROVIDING THAT DIRECTIONAL AND WARNING SIGNS MAY BE ERECTED IN THE RIGHT-OF-WAY BY GOVERNMENT AGENCIES, PERMITTING THE ERECTION OF SIGNS IN ONE- AND TWO-FAMILY RESIDENTIAL YARDS WITHIN 20 FEET OF A DRIVEWAY PROVIDED THE SIGNS ARE NOT LOCATED IN THE RIGHT-OF-WAY OR LESS THAN THREE FEET FROM THE STREET EDGE AND, IF WITHIN 10 FEET OF THE STREET EDGE, ARE A MAXIMUM OF EIGHT SQUARE FEET IN AREA AND FOUR FEET TALL, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 29-5 of the Crty Code exempts certain types of signs from all provisions of Chapter 29, "Signs", WHEREAS, rt is advisable to amend Section 29-5 to provide that the signs fisted m Section 29-5 are not exempt from provisions regulating unsafe signs, temporary signs, encroachments m pubhc right-of--way, and traffic hazards, WHEREAS, it is further advisable to amend Section 29-5 to add noncommercial residential signs and seasonal and holiday signs to the fist of signs exempt from certain provisions of Chapter 29, WHEREAS, it is advisable to amend Section 29-71 of the City Code to clarify that directional and warning signs may be erected m the pubhc right-of--way by government agencies, WHEREAS, rt is advisable to amend Section 29-91 of the City Code to allow signs to be erected move- and two-family residential yards within 20 feet of a driveway, provided the signs _~ are located at least three feet from the nearest pavement edge and are not located in the right-of- way, and provided, further that signs erected more than three feet and less than 10 feet from the nearest pavement edge do not exceed four feet in height and eight square feet in area, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. The first paragraph of Section 29-5 of the City Code, "Exemptions", is amended to provide that the signs listed m Section 29-5 are subject to certam provisions of Chapter 29, to read as follows The following signs and sign structures are exempt from the provisions of this chapter, except for Section 29-7 (Unsafe signs declared nuisances, abatement), 29-56 (Temporary signs generally), 29-57 (Cloth signs), 29-71 (Encroachments m public nght-of-way• requirements), 29-74 (Removal of encroachments constituting obstruction), 29-91 (Traffic hazards. location restnchons), 29-92 (Traffic hazards prohibited signs-certam signs in certain areas), and 29-93 (Traffic hazards prohibited signs) SECTION 2. Section 29-5 of the Crty Code, "Exemptions", is further amended to add two additional types of signs to the list of exempt signs, as follows (17) Noncommercial residential signs erected m accordance with Section 6 402(A)(15) of the zoning ordinance (18) Signs depicting or relating to a national, local or religious holiday or season erected m accordance with Section 6 402(A)(16) of the zoning ordinance. SECTION 3 Section 29-71 of the Crty Code, "Requirements" is amended to clarify that directional and warning signs may be installed m the public right-of--way by a government agency, as follows 2 (a) No person shall post, fasten, erect, display or locate any sign on any structure, tree, pole, curb or elsewhere within the right-of--way of any public street or upon any pubhc property without the permission of the city council, with the exception of directional and warning signs installed m the public right-of--way by a government agency Except as provided m paragraph (d) below, no sign shall encroach into a pubhc right-of--way until an encroachment agreement has been executed with the city and a policy of public liability insurance for such encroachment has been secured as provided m the building code. SECTION 4 Section 29-91 of the City Code, "Location restrictions", is amended to allow signs to be erected mone-and two-family yards within 20 feet of a driveway, provided the signs are not within ten feet of the street edge or in the right-of--way, as follows (a) No sign with a ground clearance of less than eleven (11) feet may be erected wrthm twenty (20) feet of a driveway or other ingress/egress to the property; nor shall any such sign be erected wrthm any corner clip or pubhc open space easement (p o s.e.) No sign pole shall be greater than ten (10) inches m diameter wrthm such a corner clip or p o s.e. See Figure 7A. Exception. In one- and two-family yards a sign may be within 20 feet of a driveway When the sign is within 10 feet of the back of the curb, or street edge when without a curb, rt must be m compliance with all of the following provisions 1 No sign shall be permitted m the right-of--way 2 When not m the right-of--way, no sign shall be permitted wrthm 3 feet of the back of the curb, or street edge when without a curb 3 Signs that are not m the right-of--way may be more than 3 feet and wrthm 10 feet of the back of the curb, or street edge when without a curb, provided the maximum height is 4 feet and the size does not exceed 8 square feet. SECTION 5. All provisions of Chapter 29 of the Code of the City of Fort Worth shall remain m full force and effect without change, except as expressly amended herein. 3 SECTION 6. 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 provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 7 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstrtutionahty 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 Crty Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein 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 but may be.prosecuted until final disposition by the courts. 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 4 .j r t fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 10. 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 11. This ordinance shall take effect upon adoption and publication as required by law APP VED AS TO FORM AND LEGALITY (z-, Assistant City Attorney Adopted. T ~ ~ ~~ Z~ ~ Effective ~G! ,~L~ p~22~ ~~/ 5 City of Fort Worth, Texas M,A~ar and Council CominuncAtion DATE REFERENCE NUMBER LOG NAME PAGE 8/14/01 G-13339 06CODE 1 of 2 SUBJECT ORDINANCE AMENDING CHAPTER 29 OF THE~CITY CODE"SIGNS", CONCERNING SIGNS EXEMPT FROM CERTAIN .PROVISIONS OF THE SIGN CODE, ERECTION OF GOVERNMENT SIGNS IN PUBLIC RIGHT-OF-WAY, AND ERECTION OF SIGNS IN RESIDENTIAL AREAS .~ `RECOMMENDATION ~, It is recommended that the City Council approve the attached ordinance amending Chapter 29 of the City Code concerning the regulation of signs DISCUSSION The attached ordinance amends three sections of the Sign Code, Chapter 29 of the City Code as follows a) Currently, the 16 types of signs listed in Section 29-5, including homebuilder signs and construction signs, are exempt from all provisions of Chapter 29 The attached ordinance adds two new types of signs to the list: noncommercial residential signs and holiday and seasonal signs The attached ordinance also amends Section 29-5 so that the signs listed therein are no longer exempt from all provisions of Chapter 29 As amended, Section 29-5 makes such signs subject to provisions of Chapter 29 declaring unsafe signs to be a nuisance and requiring abatement, prohibiting the erection of signs in the public right-of-way, and prohibiting signs that constitute a traffic hazard, and b) As a result of the above-referenced amendment of Section 29-5, the signs listed in Section 29-5, including signs erected by local, state and federal governments, may not be erected in the public right-of-way without City Council permission The attached ordinance amends Section 29-71 to provide that government agencies may erect directional and warning signs in the right- of-way; and c) Currently, Section 29-91 prohibits the erection of any sign within 20 feet of a driveway unless the sign has a ground clearance of less than 11 feet. By prohibiting signs within 20 feet of a driveway, Section 29-91 may have the effect of prohibiting all signs on certain residential lots The attached ordinance would allow signs to be erected in one and two-family residential yards within 20 feet of a driveway, provided the sign is not within 10 feet of the street edge or in the right-of-way City of Fort Worth, Texas ~11~Ayar And Caunc~l aininun~cAt~ian C DATE 8/14/01 REFERENCE NUMBER G-13339 LOG NAME 06CODE PAGE 2 of 2 SUBJECT ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE "SIGNS", CONCERNING SIGNS EXEMPT FROM CERTAIN PROVISIONS OF THE SIGN CODE, ERECTION OF GOVERNMENT SIGNS IN PUBLIC RIGHT-OF-WAY, AND ERECTION OF SIGNS IN RESIDENTIAL AREAS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds MG k ~4; _: Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~®v~~ Mike Groomer 6140 C9TY C U~1Cil Originating Department Head: monvC(~ AUG 14 2Q®~ Bob Riley 8901 (from) ~ l ~)~-~.J Additional Information Contact: Secretary of the C1t q ~itq of Forl NVortt+. TezaF Marcella Olson 7631 Adopted Ordnance No. ~~~~