HomeMy WebLinkAboutOrdinance 14313ORDINANCE NO. ~ y 3 ~ 3
AN ORDINANCE ADOPTING A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR PERMITS FOR ERECTION OF ANY ATTACHED
ON-PREMISES SIGN EXCEEDING 500 SQUARE FEET IN AREA AND
LIMITING THE TOTAL AREA OF ATTACHED ON-PREMISES SIGNS
TO A MAXIMUM OF 500 SQUARE FEET PER TENANT FOR EACH
FACADE OF THE TENANT SPACE; PROVIDING AN APPEAL
PROCEDURE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, attached on-premises signs covering up to 15% of the area of the wall or
facade on which the sign(s) are placed are permitted m the "ER", "E", "FR", "F" and "G"
Commercial Distracts, the "H" Central Business Distract and the "I", "J" and "K" Industrial
Distracts,
WHEREAS, "attached sign" is defined m the Crty of Fort Worth zoning ordinance,
Ordinance No 13896, as amended, as a sign that. is affixed to, supported by, or painted on a
building;
WHEREAS, coverage of 15% of the facade of a multi-story building or a building with a
sizable footprint could result m a very large attached sign that causes visual clutter, is potentially
harmful to property values, causes confusion or distraction to motorists, and/or has an adverse
impact on areas of historical, architectural, scenic or aesthetic value;
WHEREAS, rt is advisable to consider amending on-premises sign regulations to place a
maximum size limit on attached on-premises signs,
WHEREAS, the City Council anticipates that, within 90 days, the Development
Department could present proposed amendments limiting the size of attached on-premises signs
to the City Council for consideration,
WHEREAS, rt is likely that the City's ability to address the size of attached on-premises
signs will be compromised if the City allows additional attached on-premises signs covering up
to 15% of a building facade to be erected before an ordinance hmrtmg the size of such signs is
adopted,
WHEREAS, rt appears necessary to place size limits on attached on-premises signs for
90 days m order to maintain the status quo pending action by the Crty Council as outlined above;
WHEREAS, a person who wishes to erect an attached on-premises sign is required to
obtain a permit from the Development Department;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1. Intent
A. It is the intent of this ordinance to hmrt temporarily, except as otherwise provided herein,
the acceptance of applications for permits to place, erect or construct any attached on-
premises sign exceeding 500 square feet m area m anticipation of adoption of size hmrts
on attached on-premises signs. It is also the intent of this ordinance to limit temporarily
the total amount of attached on-premises signage allowed for each tenant (whether a
building is occupied by a single occupant or multiple occupants) to a total of 500 square
feet on each facade of the space occupied by the tenant. In the event that the zoning
ordinance places more restrictive regulations on attached on-premises signs, the more
restrictive regulations will apply The intent of this ordinance is to promote the orderly
development of the City of Fort Worth and to protect the public health, safety and welfare
of the citizens of the City of Fort Worth. It is not the intent of this ordinance to deny
development rights protected by law This ordinance applies only to attached on-
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premises signs, the placement, erection or construction of attached off-premises signs is
prohibited under Chapter 6, Article 4 of Ordinance No 13896, as amended.
B Further, rt ~s the intent of the Crty to adopt and implement size hmrts on attached on-
premises signs m an expeditious manner, and to consider any appeals relating to
acceptance of applications for permits for the placement, erection or construction of ~
attached on-premises signs during the term of this ordinance.
SECTION 2. Definitions
A. "Sign" means any surface, fabric, device, display or visual medium, including the
component parts, which bears letters, pictorial 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 painted upon the side of a building that 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.
B "Attached sign" means a sign that is affixed to, supported by or painted on a building.
C "On-premises sign" means a sign that advertises the business name, owner and/or
commodities, achvztxes or services offered on the premises where such sign is located and
where at least 90 percent of the sign is devoted to the advertisement of such business
nartie, owner, commodrt~.es, activities or services.
D "Permit application" means an application for a sign permit or any other form of
development authorization from the City of Fort Worth in connection with placement,
erection or construction of an attached on-premises sign.
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SECTION 3. Limitation on Acceptance of Applications
A. Except as otherwise provided herein, after the effective date of, and extending for the
duration of this ordinance, no employee, officer, agent, department or commission of the
City shall accept the following for filing: (1) any permit application for placement,
erection or construction of an attached on-premises sign exceeding 500 square feet m
area, provided that in no event will a permit be issued for an attached on-premises sign
that exceeds 15% of a building facade or any other size limits imposed under the zoning
ordinance; or (2) any permit application for placement, erection or construction of
multiple attached on-premises sign totaling more than 500 square feet in area for each
facade of the building space occupied by the applicant. Each tenant of a multiple-
tenant buzldmg may erect on-premises signs with a total area of 500 square feet or less on
each facade of the building space occupied by the tenant.
B The Director of Development, building official, or other city official responsible for
reviewing permit applications shall determine whether the application is subject to the
moratorium. If a permit application does not provide sufficient information for the
official to determine whether the application is subject to the moratorium, the official
may require additional information from the applicant as a condition of accepting the
application. Acceptance of an application for the limited purpose of such review shall
not constitute filing of the application. In the event that the official determines that an
application is subject to the moratorium, the official shall take no further action on the
application and shall return the application, together with any proffered application fee, to
the applicant with the notification that the application will not be accepted for filing or
further processing for the duration of this ordinance and any extension thereof.
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SECTION 4. Term of Ordinance
Unless extended by the City Council, the term of this ordinance shall continue m effect
until November 27, 2000, at 11 59 p.m., or until the City Council terminates the moratorium,
whichever occurs first.
SECTION 5. Appeals
A. If the Development Director, building official, or other city official refuses to accept a
permit application, the applicant may appeal the decision to the City Council. The appeal
shall be m wntmg and shall be transmitted to the Office of the City Attorney wrthm ten
days of the date of notification that the application will not be accepted for filing.
B The appeal shall be considered by the City Council wrthm 20 days after the appeal is
received. in the Office of the City Attorney, unless the applicant requests a later heanng.
The City Council shall not release the applicant from the requirements of this ordinance,
unless the applicant first presents credible evidence from which the City Council can
reasonably conclude-
(1} Application of this ordmance to the applicant would be likely to deprave the
applicant of rights protected by law; or
(2) The proposed attached on-premises sign would not cause adverse effects or be
contrary to the spirt and purpose of this ordmance.
C The Crty Council may take the following action on an appeal.
(1) Deny the appeal, in which case the application shall not be accepted,
(2) Grant the appeal, and direct the Development Director to accept the application
for filing and processing; or
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(3) Grant the appeal and direct the Development Director to accept the application for
filing and processing, subject to conditions necessary to ensure that the proposed
sign would not cause adverse effects and to carry out the spent and purpose of this
ordinance.
D In no event shall acceptance of a permit application guarantee that the City will issue the
permit, unless the permit is m compliance with all applicable codes, laws and regulations.
SECTION 6. Not Applicable to Pending Applications
This ordinance does not apply to permit applications that have been accepted by the City
before the enactment of this ordinance. Such applications shall be processed in accordance with
applicable policies and procedures and shall not be affected by the enactment of this ordinance.
SECTION 7 Severability
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 a court of competent ~unsdiction, 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 herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 8. Effective Date
This ordinance shall be in full force and effect from and after rts passage, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
~it~~-ems! G~
Assistant ity Attoniey
ADOPTED SS' "'•? ~ ~~~
EFFECTIVE. D :~Z/ 'o ~
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City of Fort Worth, Texas
A or And ounc~l a~»mun~cA~ian
C C
~~ ~
DATE REFERENCE NUMBER LOG NAME ~ PAGE
8/29/00 G-12999 06SIGNS 1 of 2
SUBJECT ORDINANCE ADOPTING MORATORIUM ON ACCEPTANCE OF DEVELOPMENT
APPLICATIONS FOR ATTACHED ON-PREMISES SIGNS EXCEEDING 500 SQUARE
FEET IN AREA
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance enacting a 90-day moratorium on
acceptance of applications for permits for placement, erection or construction of attached on-premises
signs exceeding 500 square feet in area
DISCUSSION
The City's Zoning Ordinance currently permits on-premises signs affixed to, supported by or painted on
a building in all commercial and industrial districts. Attached on-premises signs may cover up to 15% of
the area of a wall or facade on which the sign(s) are placed Coverage of 15% of the facade of a multi-
story building or a building with a sizable footprint could result in very large attached signs that cause
visual clutter, are potentially harmful to property values, cause confusion or distraction to motorists,
and/or have an adverse impact on areas of historical, architectural, scenic or aesthetic value
The attached ordinance establishes a 90-day moratorium on acceptance of applications for permits for
placement, erection or construction of attached on-premises signs as follows
• No single attached on-premises sign exceeding 500 square feet in area will be permitted,
• For buildings occupied by a single tenant, multiple attached on-premises signs are permitted,
provided that the total square footage of the signs does not exceed 500 square feet on each
building facade,
• For buildings occupied by more than one tenant, each tenant space is permitted one or more
attached on-premises signs, as long as the total square footage on each facade of the space
occupied by the tenant does not exceed 500 square feet;
• If 15% of the facade area of a building or tenant space is less than 500 square feet, the sign will be
limited to 15% of the facade area No permits will be issued for signs that exceed any size limits
imposed by the zoning ordinance
Adoption of the moratorium will maintain the status quo while the Development Department prepares
and presents to the Zoning Commission and the City Council proposed text amendments placing a
maximum size limit on attached on-premises signs. The ordinance applies only to attached on-
premises signs Placement of new off-premises signs on a building is prohibited by the Zoning
Ordinance
City of Fort Worth, Texas
A~or And Council Ca~»i»un~cAtyan
~~
DATE
8/29/00 REFERENCE NUMBER
G-12999 LOG NAME
06SIGNS PAGE
2 of 2
SUBJECT ORDINANCE ADOPTING MORATORIUM ON ACCEPTANCE OF DEVELOPMENT
APPLICATIONS FOR ATTACHED ON-PREMISES SIGNS EXCEEDING 500 SQUARE
FEET IN AREA
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this recommendation will have no material effect on City funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140 /~
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Originating Department Head:
AUG 29 2000
Bob Riley 8901 (from)
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Additional Information Contact: ~4
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~'ity of Fact ~iiear±l~, `"~ax~`?
Bob Riley 8901
Adoptetf ~rdinan~e No.*`~`+~-3