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HomeMy WebLinkAboutOrdinance 14227ORDINANCE NO ~ '7 ~ ~ 7 AN ORDINANCE AMENDING THE SIGN CODE OF THE CITY OF FORT WORTH, CHAPTER 29 OF THE CODE OF THE CITY OF FORT WORTH EXTENDING SIGN REGULATORY ORDINANCES TO OFF- PREMISES SIGNS IN THE EXTRATERRITORIAL JURISDICTION, REVISING REFERENCES TO "OFF-PREMISES" AND "ON-PREMISE" SIGNS; AND UPDATING REFERENCES TO THE ZONING ORDINANCE AS AMENDED BY ORDINANCE NO 13896, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, 'PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 15, 1997 the Crty Council of the Crty of Fort Worth enacted Ordinance No 13092, which prohibited the construction and restricted the alteration of off- premises .signs within the City of Fort Worth, WHF,REAS, the extraterritorial ~unsdiction of the City of Fort Worth extends five miles from the city limits and includes approximately 347 square miles, WHEREAS, rt is likely that the City of Fort Worth will annex territory m its extraterritorial jurisdiction, WHEREAS, Section 216 902 of the Texas Local Government Code authorizes mumcipalrties to extend the provisions of their outdoor sign regulatory ordinances to their extraterritorial jurisdiction and to enforce such ordinances m their extraterritorial jurisdiction, WHEREAS, rt is m the interest of the public health, safety and welfare to restrict the construction and alteration of off-premises signs m the extratemtorial jurisdiction m order to achieve the following goals • Avoid visual clutter which is potentially harmful to property values and business opportunities, • Protect transportation safety and efficiency by reducing confusion or distraction to motorists and enhancing motorists' ability to see pedestrians, obstacles, other vehicles and traffic signs, • Enhance the impression of the area that is conveyed to tourists and visitors, • Protect adjacent and nearby properties from the impact of lighting, size, height and locat.on of signs, • Preserve, protect and enhance areas of historical, architectural, scenic and aesthetic value, regardless of whether they be cultural, natural or manmade, • Preserve, protect and enhance areas that serve as gateways to the City; and • Ensure that annexation of unincorporated terntory by the City does not result m the prohferahon ofoff-premises signs m the City; WHEREAS, rt is m the public interest to provide minimum standards for the construction, alteration, electrification and maintenance of off-premises signs m the extraterritorial jurisdiction, WHEREAS, on March 21, 2000, the City of Fort Worth enacted Ordinance No 14131, establishing a 120-day moratorium on construction and alteration ofoff-premises signs m the extraterritorial ~urisdichon, WHEREAS, the City of Fort Worth notified the Texas Transportation Commission and the Texas Department of Transportation of enactment of the moratorium and the City's 2 intent to extend the provisions of rts off-premises sign regulatory ordinances and to enforce such ordinances w~thm rts extratemtorial ~urisdichon, WHEREAS, it is necessary to amend Chapter 29 of the City Code to extend off- premises sigh regulations io the extraterritorial jurisdiction, WHEREAS, certain clerical changes should be made to the Sign Code, Chapter 29 of the Crty Code, to update references to the zoning ordinance as amended by Ordinance No 13896, WHEREAS, it is advisable to replace references to "off-premise" and "on-premise" signs with references to "off-premises" and "on-premises" signs to make terminology m the Sign Code consistent with terminology m the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1. Section 29-2 of the Code of the City of Fort Worth is hereby amended to reflect that on- premises signs and off-premises signs m the City of Fort Worth and off-premises signs m the extraterritorial~urisdiction are subject to Chapter 29, "Signs", as follows The .purpose of this chapter is to provide minimum standards for the use, quality of materials, construction, location, electrification, and maintenance of signs m order to safeguard life and protect the health, safety, welfare, convenience and enjoyment of the general public. This chapter applies to on-premises and off-premises signs m the City of Fort Worth and to off-premises signs m the extraterritorial jurisdiction. 3 SECTION 2. Section 29-3 of the Code of the City of Fort Worth is hereby amended to replace references to "off-premise sign" with "off-premises sign" to make Chapter 29 consistent with the zoning ordinance, as follows Off-premises sign A sign that is a primary use and that advertises businesses, commodities, activities, services or persons that are not usually available or present upon the premises upon which such sign is located, or that directs persons to any location not on the premises. Any sign with more than ten (10) percent of the sign devoted to such use shall be deemed to be an off-premises sign. SECTION 3. Section 29-4•(b) of the Code of the City of Fort Worth is hereby amended to extend the right of entry by the building official and sign inspectors to the extraterritorial jurisdiction, as follows (b) Right of entry Upon presentation of proper credentials, the building official and any sign inspector may enter at reasonable times any building, structure or premises m the city or the extraterritorial jurisdiction to perform any duty required by this chapter SECTION 4 Section 29-5 of the Code of the City of Fort Worth is hereby amended to update obsolete references to Section 17A of the zoning ordinance, which was recodified by Ordinance No 13896, as follows (12) Political signs erected m accordance with Section 6 402(A)(5) of the zoning ordinance (13) Homebuilder signs erected in accordance with Section 6 402(A)(8) of the zoning ordinance SECTION 5. Section 29-6 of the Code of the City of Fort Worth is hereby amended by changing two references to "on-premise signs" m subsection (a) to "on-premises signs" and by changing the 4 title of subsection (b) to "Off-premises signs" to make terminology m Chapter 29 consistent with terminology m the zoning ordinance, Ordinance No 13896, as amended. SECTION 6. Section 29-7(a) of the Code of the City of Fort Worth is hereby amended to allow off- premises signs m the extratemtorial ~unsdiction that are nuisances to be abated when allowed under Section 29-102 and to update an obsolete reference to Section 17A of the zoning ordinance, which was recodified by Ordinance No 13896, as follows Exception When allowed by Section 6 405 of the zoning ordinance or Section 29-102 and when done m compliance with other applicable laws, ordinances and regulations, the nuisance maybe abated by repair, rehabilitation, or removal and replacement. SECTION 7 The second paragraph of Section 29-21(a) of the Code of the City of Fort Worth is hereby amended to allow off-premises signs m the extraterrrtonal jurisdiction that are nuisances to be abated when allowed under Section 29-102 and to update an obsolete reference to Section 17A of the zoning ordinance, v~hich was recodified by Ordinance No 13896, as follows No permit shall be issued for a nonconforming sign, except as allowed by Section 6 405 of the zoning ordinance or Section 29-102 as a permitted alteration. When repairs of a nonconforming sign are not permitted pursuant to Section 6 405 or Section 29-102, the sign shall be subject to the provisions of section 29-7 SECTION 8. A third paragraph is hereby added to Section 29-21(a) of the Code of the City of Fort Worth to reflect that permits will not be issued for erection of new off-premises signs m the extraternton~l jurisdiction, which is prohibited, except for subdivision directional signs, homebuilder signs, and temporary public interest signs, which may be erected without a permit, as follows 5 No permit shall be issued for the erection of new off-premises signs m the extraterntorial jurisdiction, which is prohibited under Section 29-101, provided, however, subdivision directional signs, homebuilder signs, and temporary public interest signs may be erected without a permit, m accordance with Section 29-101 SECTION 9. Section 29-21(b) of the Code of the Crty of Fort Worth is hereby amended by changing a reference m subsection (1) from "on-premise sign" to "on-premises sign" m order to be consistent with the zomng ordinance, Ordinance No 13896, as amended, and by adding a new subsection (b)(4) to exempt subdivision directional signs, homebuilder signs and temporary public interest signs m the extraterritorial jurisdiction from sign permit requirements, as follows (4) Subdivision directional signs, homebmlder signs and temporary public interest signs erected m the extraterntorial jurisdiction m accordance with Section 29-101 SECTION 10. Section 29-31 of the Code of the Crty of Fort Worth is retitled "Registration of off- premises signs" and subsection (a) is amended to require the registration ofoff-premises signs m the extraterntorial~urisdiction and to update an obsolete reference to the zoning ordinance, which was recodified by Ordinance No 13896, as follows (a) The owner of any off-premises sign existing within the Crty of Fort Worth on November 5, 1997, shall register such sign with the building official and pay the registration fee as required m table 29-31A on or before January 2, 1998 The owner of any off-premises sign m the extraterritorial jurisdiction shall register such sign with the building official and pay the registration fee as required in table 29-31A on or before October 1, 2000 Exceptions Signs listed m Section 6 402 of the zoning ordinance or Section 29-101 and signs subject to a unified sign agreement shall be exempt from the registration requirements. 6 SECTION 11 Section 29-31(b) of the Code of the Crty of Fort Worth is amended to insert the effective date and to update obsolete references to Section 17A of the zoning ordinance, which was recodified by Ordinance No 13896, as follows (b) The owner of any off-premise sign installed after November 5, 1997, shall submit an application for registration simultaneously with the sign permit application. This initial registration shall be exempt from the registration fee as required m table 29-31A. If the sign permit is approved and the sign constructed, this initial registration shall expire three (3) years after the date of permit application. F,xceptions Signs listed m Section 6 402 of the zoning ordinance and signs subject to a unified sign agreement shall be exempt from the registration requirements. SECTION 12. Sect~.on 29-31(e) of the Code of the City of Fort Worth is amended to replace a reference to "off-premise" signs with "off-premises" m order to make terminology m Chapter 29 consistent with terminology m the zoning ordinance, Ordinance No 13896, as amended. SECTION 13 The second paragraph of Section 29-56 of the Code of the City of Fort Worth is amended to update an obsolete reference to Section 17A of the zoning ordinance, which was recodified by Ordinance No 13896, as follows Temporary signs shall comply with the requirements of Section 6 402 of the zoning ordinance SECTION 14. Chapter 29 of the City Code is hereby amended by adopting Article VII, "Off-Premises Signs m the Extraterntorial Jurisdiction", sections 29-100 through 29-102, as follows 7 29-100 Genera? Off-premises signs m the extratemtonal ~unsdiction shall comply with this chapter, with the exception of exempt signs identified m Section 29-5 This chapter does not apply to on-premises signs m the extraterritorial jurisdiction. 29-101 Construction of off-premises signs prohibited in extraterritorial jurisdiction. The construction of off-premises signs is hereby prohibited m the extraterritorial jurisdiction, with the following exceptions, which may be constructed m the extraterritorial ~urisdichon without obtaining a permit pursuant to Article II. 1 Subdivision directional signs are permitted, subject to the followmg• a. Signs shall be a maximum size of 64 square feet. b Signs may placed only on unimproved property, with the permission of the owner c Signs must be placed at least 100 feet from any other subdivision or developer signs. d. Signs maybe erected for a maximum of one year unless an additional one- year extension is given by the City Council. The City Council may approve a maximum of two one-year periods. 2 Homebuilder signs are permitted, subject to the followmg• a. Signs will be allowed between noon Friday and noon Monday only b Signs shall not exceed 24 inches by 30 inches m size, nor shall they be installed more than four feet above grade. c Signs shall have a minimum separation of 25 feet and signs for any one advertiser must be at least 200 feet apart. d. Signs shall not be located closer than 40 feet to street intersection. e. Signs shall not be located m the public right-of--way f. Signs shall not be located more than three miles from the subject property g. Signs shall be rigid, two-dimensional displays that advertise only new one-and two-family properties for sale. 8 h. Written permission shall be obtained from owners of property where sign is located. 3 Temporary public interest signs, mcludmg portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious orgamzation, are permitted, subject to the following a. Signs shall be a maximum of 60 square feet. b Only one such sign shall be allowed per platted lot per street frontage.. c No piggy-backing of signs is allowed. d. No temporary sign shall be located within 100 feet of another temporary signs. e Temporary signs shall be maintained for no more than three weeks. 29-102 Alteration of off-premises signs in extraterritorial jurisdiction. Off-premises signs m the extraterritorial ~unsdiction maybe altered only as follows 1 Advertising copy, mcludmg letters, symbols, or other matter on the sign, may be changed, mcludmg the exchange of display faces that are designed to be interchangeable to facilitate the display of advertising copy; provided, however, display faces that are designed to be permanently attached to the supporting sign structure maybe replaced only with display faces composed of like materials, e.g., a plywood display face may be replaced only with a plywood display face. Display faces may be replaced only with display faces that are the same size or smaller than the size initially registered m accordance with Section 29-31, plus cut-out extensions that do not exceed 20 percent of the registered sign area. The temporary use of a sign with a display face that is smaller than the size that was initially registered shall not bar the replacement of the display face with a larger display face, provided that it shall not exceed the size reflected m the initial registration. Notwithstanding anything herein to the contrary, vinyl, paint, or pasted paper maybe affixed to a display face composed of any material, 2 A sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source, may be repaired, provided that the cost of repairing the sign is 60 percent of the cost of erecting a new sign of the same type at the same location, or less. If the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring rt into compliance with this chapter and all other appla.cable ordinances, and 9 3 Maintenance operations may be performed on the sign. For purposes of this section, "maintenance operations" means the process of keeping a sign m good repair Maintenance operations include (1) cleaning; (2) painting; (3) repair of parts with like materials m a manner that does not alter the basic design or structure of the sign, provided that the cost of all repairs performed during any consecutive 365-day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location, and (4) replacement of parts with like materials m a manner that does not alter the basic design or structure of the sign, provided that the cost of all• replacement of parts performed during any consecutive 365-day period is not more than 60 percent of the cost of erecting a new sign of the same type at the same location. Examples of actions that are not maintenance operations and are therefore prohibited include, without limitation. (1) converting a sign from a multiple pole structure to a monopole structure, (2) replacing woaden components with metal components, (3) increasing the area or height of a sign, except for increases m area permitted under subsection 1 above, (4) adding illumination to anon-illuminated sign, (5) adding additional display faces, and (6) converting a sign to utilize animated display or moveable copy technology, including but not hmrted to signs featuring Tn-Vision technology If a sign is dismantled for any purpose other than an alteration or maintenance operation permitted hereunder, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with this chapter and all other applicable ordinances. 4 All other alterations of any nature whatsoever m connection with nonconforming signs are prohibited. If any such alteration is performed, the owner shall remove the sign or bring rt into compliance with this chapter and all other applicable ordinances. The cost of any accessory use to a sign, including without limitation a communication antenna and support facilities, shall not be included m calculating the cost of erecting a new sign at the same location pursuant to subsections 2 and 3 above. SECTION 15. Except as expressly amended, all provisions of Chapter 29 of the Code of the City of Fort Worth shall remain in full force and effect. SECTION 16. 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 10 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 17. 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 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 18. All rights and remedres of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any ordinances of the Crty of Fort Worth, expressly including without hrmtation Ordinance No 14031, 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 19 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 any portion thereof dunng which any violation of 11 this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. All violations of Ordinance No 14131, which established a 120-day moratorium effective March 29, 2000, on construction or alteration of off-premises signs m the extraterritorial ~unsdiction, are expressly saved as provided m Section 18 of this ordinance It is an affirmative aefense to prosecution for violation of Section 29-101 that an off-premises sign was constructed before the effective date of this ordinance. It is an affirmative defense to prosecution for violation of Section 29-102 that anoff-premises sign was altered before the effective date of this ordinance "Affirmative defense", as used m this ordinance shall mean that the defendant shall have the burden of proof on the issue so that (1) the prosecuting attorney is not required to negate the existence of the affirmative defense m the accusation charging commission of the offense, (2) the issue of the existence of the affirmative defense is not submitted to the fury unless evidence is admitted supporting the defense, and (3) if the issue of the existence of the affirmative defense is submitted to the fury the court shall charge the fury that the defendant must prove the affirmative defense by a preponderance of the evidence. SECTION 20. The Crty Secretary of the Crty 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 Crty of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code 12 SECTION 21 This ordinance shall be m full force and effect from and after its passage and publication as required by law, and rt is so ordained. Ordinance No 14131 will be repealed upon passage and publication of this ordinance as required by law APPROVED AS TO FORM AND LEGALITY ~~~~ D s istant Crty Attorney Adopted. J ~ ~ C~ , a 6 O C~ 13 City of Fort Worth, Texas ~1-~A~a~r And aunc~il a~rt~nun~cA~ian C C DATE REFERENCE NUMBER LOG NAME ~ PAGE si2oioo G-12939 06SIGNS 1 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE, "SIGNS", TO EXTEND OFF-PREMISES SIGN REGULATIONS TO THE EXTRATERRITORIAL JURISDICTION AND TO UPDATE OBSOLETE REFERENCES TO THE ZONING ORDINANCE RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the Sign Code to extend off-premises sign regulations to the extraterritorial jurisdiction (ETJ) and to update obsolete references. to the zoning ordinance DISCUSSION Section 216 902 of the Texas Local Government Code authorizes municipalities to extend the provisions of their outdoor sign regulatory ordinances and enforce such ordinances in the ETJ On March 21, 2000, the City Council enacted Ordinance No 14131 establishing a 120-day moratorium on construction or alteration of off-premises signs in the ETJ The City Council also directed the City Manager to notify the Texas Transportation Commission of the moratorium and to direct staff to prepare amendments to City ordinances as required to enforce off-premises sign regulations in the ETJ The attached ordinance amends the Sign Code, Chapter 29 of the City Code. Section 14 of the ordinance adds a new Article VII, entitled "Off-Premises Signs in the Extraterritorial Jurisdiction" Section 14 provides the following 1 Off-premises signs in the ETJ must comply with Chapter 29, including permitting, registration and safety requirements. The ordinance provides an October 1, 2000 registration deadline This deadline will give Development Department staff the opportunity to complete an inventory of off- premises signs in the ETJ, to identify sign owners and to notify them of the registration requirement. 2. Construction of off_premises signs in the ETJ is prohibited, with the exception of subdivision directional signs, homebuilder signs and temporary public interest signs These exemptions mirror Section 6 402 of the zoning ordinance, which exempts such signs from the prohibition against construction of off-premises signs within the City 3 Alteration of off-premises signs in the ETJ is limited to changing copy, repairing damaged signs (provided cost of repair is 60% of replacement cost or less) and maintenance These are r substantially the same regulations that apply to alteration of off-premises signs in the City pursuant to Section 6 405 of the zoning ordinance, with the exception that Section 14 does not include provisions for upgrading off-premises signs in the ETJ in exchange for removing four signs from scenic corridors. This provision has not been used by sign owners to upgrade off- premises signs in the City City of Fort Worth, Texas ~1-~A~a~ And Caunc~i( C,a~»inun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 6/20/00 G-12939 06SIGNS 2 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE, "SIGNS", TO EXTEND OFF-PREMISES SIGN REGULATIONS TO THE EXTRATERRITORIAL JURISDICTION AND TO UPDATE OBSOLETE REFERENCES TO THE ZONING ORDINANCE The ordinance also authorizes the building official and sign inspectors to enter premises in the extraterritorial jurisdiction to perform any duty required under Chapter 29 of the City Code. In addition, the ordinance makes clerical changes. It updates obsolete references to Section 17A of the zoning ordinance which was recodified in August, 1999 It also replaces references to "off-premise" and "on-premise" signs with "off-premises" and "on-premises" to make terminology in Chapter 29 consistent with terminology in the zoning ordinance. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. MGI Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) (~ p,,.,e.~ APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: JUN 2Q: ~~' Bob Riley 8901 (from) ~ ~ Additional Information Contact: ~"` '" C;it ait~ Q~tyl~gfezas Bob Riley 8901 Adopted Ordinanc,~ No, ~y.Z2 ~ -•---...