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HomeMy WebLinkAboutOrdinance 14131ORDINANCE NO ~ ~ ~ 3 ~ AN ORDINANCE ADOPTING A 120-DAY MORATORIUM ON CONSTRUCTION AND ALTERATION OF OFF-PREMISES SIGNS IN THE EXTRATERRITORIAL JURISDICTION, ESTABLISHING AN APPEALS PROCEDURE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has adopted regulations concerning the construction and alteration of signs, specifically including without limitation Chapter 6, Article 4 of Ordinance No 13896, the comprehensive zoning ordinance, and Chapter 29 of the Crty Code, WHEREAS, Chapter 216 902 of the Texas Local Government Code authorizes mumcipalrties to extend the provisions of their outdoor sign regulatory ordinances and to enforce the ordinances wrthm their extraterritorial ~urisdichon, WHEREAS, the City of Fort Worth has more than 100,000 inhabitants, WHEREAS, the extraterritorial jurisdiction of the Crty of Fort Worth consists of the umncorporated area that is contiguous to the corporate boundaries of the City and that is located wrthm five miles of its corporate boundaries, consisting of approximately 347 square miles, WHEREAS, effective July 22, 1997, the Crty of Fort Worth banned the new construction of off-premises signs wrthm the Crty, with the exception of signs fisted m Section 6 402 of the zomng ordinance; WHEREAS, if the construction of new off-premises signs m the extraterritorial jurisdiction is not prohibited, rt is likely that annexation of territory by the City will result m the addition ofoff-premises signs to the Crty; WHEREAS, it is m the interest of the health, safety, welfare, convenience and enjoyment of the general public to prohibit construction of new off-premises signs m the extraterntonal ~unsdiction, 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 the 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 location 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 in the proliferation ofoff-premises signs in the City; WHEREAS, City staff has been directed to prepare and submit to the City Council amendments to the zoning ordinance, the Sign Code, and any other City regulations as necessary to enforce the regulations concerning off-premises signs m the extraterritorial ~unsdiction, WHEREAS, rt appears necessary to prohibit the construction ofoff-premises signs m the extraterntonal ~unsdiction with the exceptions listed below, and to restrict the alteration of off- premises signs m the extraterritorial jurisdiction for 120 days m order to maintain the status quo pending action by the Crty Council as outlined above; 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Intent It is the intent of this ordinance to hmrt temporarily, except as otherwise provided herein, the construction and alteration of off-premises signs m the extraterntorial jurisdiction of the City of Fort Worth, as defined below, m anticipation of enacting amendments to City sign regulations to extend enforcement of regulations concerning off-premises signs to the extraterntor~al jurisdiction. The intent of this ordinance is to maintain the status quo and to prevent the proliferation of off-premises signs m the extraterntorial jurisdiction pending adoption of such regulations. It is not the intent of this ordinance to deny development rights protected by law SECTION 2. Definitions A. "Off-premises sign" means a sign which advertises businesses, commodities, activities, services or persons which are not usually available or present upon the premises upon which the sign is located, or which directs persons to any location not on the premises. Any sign with more than ten percent of the sign devoted to such use shall be deemed to be an off-premises sign. B "Extraterntorial jurisdiction" means the unincorporated area that is contiguous to the corporate boundaries of the City and that is located wrthm five miles of those boundaries, as currently shown on Exhibit A attached hereto A larger version of Exhibit A is available for review m the Development Department, Lower Level of City Hall, 1000 Throckmorton. The extraterntorial jurisdiction will expand from time to time upon annexation of additional territory by the Crty This ordinance is applicable to all territory 3 located within the extraterntonal ~unsdiction on the effective date or that becomes part of the extraterntonal ~unsdiction dunng the term of the ordinance. SECTION 3 Limitation on Construction of Off-Premises Suns Except as otherwise provided herein, after the effective date of, and extending for the duration of this ordinance, no off-premises sign shall be erected m the extratemtonal ~unsdiction, except the following signs which shall be allowed. 1 Temporary public interest signs, including portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious organization, 2 Homebuilder signs, and 3 Subdivision directional signs SECTION 4. Limitation on Alteration of Off-Premises Suns After the effective date of, and extending for the duration of this ordinance, off-premises signs m the extraterntonal jurisdiction shall not be altered, except that the following alterations shall be permitted. 1 Advertising copy, including letters, symbols, or other matter on the sign, may be changed, including 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 may be 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 4 smaller 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. 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, and (4) replacement of parts with like materials m a manner that does not alter the basic design or structure of the sign. 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 wooden components with metal components, (3) increasing the area or height of a sign, (4) adding illumination to a non- illuminated sign, (5) adding additional display faces, and (6) converting a sign to utilize animated display or moveable copy technology, including but not limited to signs featuring Tri-Vision technology If a sign is dismantled for any purpose 5 other than an alteration or maintenance operation permitted hereunder, the sign may not be altered, reconstructed, repaired or replaced. SECTION 5. Term of Ordinance Unless extended by the City Council, this ordinance shall continue m effect until July 19, 2000, at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 6. Appeals A. If any person believes that he or she has a protected property right to construct or alter an off-premises sign m the extraterritorial jurisdiction, such person may appeal to the Crty Council. The appeal shall be m wntmg and shall be transmitted to the Office of the City Attorney B The appeal shall be considered by the Crty Council wrthm twenty (20) days after the appeal is received in the Office of the City Attorney, unless the applicant requests a later heanng. The Crty Council shall not release the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the Crty Council can reasonably conclude (1) Application of this ordinance to the applicant would be likely to deprave the applicant of nghts protected by law; or (2) Construction or alteration of an off-premises sign m the extratemtonal ~unsdiction would not cause adverse effects to surrounding property or be contrary to the spent and purpose of this ordinance. C The Crty Council may take the following actions on an appeal (1) deny the appeal, or 6 (2) grant the appeal subject to conditions if necessary to ensure that the proposed action would not cause adverse effects to surrounding property and to carry out the spent and purpose 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. SECTION 8. Violation and Penalties Any person or entity that violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000) for each offense. Each day that a violation exists shall constitute a separate offense. In any prosecution under this section, rt shall be the sign owner's burden to prove by a preponderance of the evidence that a sign was constructed or altered before the effective date of this ordinance SECTION 9 Publication The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days m the official 7 newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 10. Effective Date This ordinance shall be m full force and effect from and after its passage and publication, and rt is so ordained. APPRO ED AS TO FORM AND LEGALITY: i Ass st nt City Attorney DATE ~~~~,~~c-~, a ~ a O ©C~ ADOPTED ~Mt.~ ~ I ~C`~ O [J EFFECTIVE ~W~d~~. ~9, ~o~~ 8 EXHIBITA Wise ,.~,~.,,.,; ~ i ........ ' ~ u, ~ S~a ,. fey '99 • i s: L.~ ~ ~, t" ~ I ' '" ,~ ~~~. N 5 ~. ~ > ~ , ~: z Q ' kern ~ s, :3 ~ . ~ ,~ ~, ;r' ~ ~ f ~ ~ ,~ ° ~ ~,~2~o~` , ~. .j~ i ~ 1 ,(~,!~~M1 . ~., E ~ t ~,r t ~:,~YZ ~)i ,iv ~~ ~ ~4 F3 ~~ ~'e :~ <<~ ~;. ~~ i• • ~: ~ ~ ~ • ~ ~ ~ ~4.ne~lYY ti Ally,. ~~;.A'N~ fYeIYY #:.`~1r~~ ~ ~ ~~ ~'• yl; 2a '''~j' `~. ~.,,: o ~ ~' `~ , °a ~ "`~--.. ~ Johnson Plannir~ Department (PD) 3/10/2000 ETJSXI1 WOR / Denton Fort Worth City Limits ~:°~ +~ Extraterritorial Jurisdiction 0 2.5 5 Miles I Tarrant ~ I Airport FfeewaY ~ F~ee% ~ 30 ~ N N I _ ~ I ~ ~ I n ' V' I- 20 I S ~$~.f ~, VS ~ ~€ J°M ti~ ~ -rsp: ~~ .. 4, ' ~ -~ I ~~ :9 . N. } {~n N I ~'.~: IC~ . .. • Aglll~ ~ ~ Ellis . z3 ..,'yWy -~~" City of Fort Worth, Texas M'A~or ADd Council Can-mun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 3/21/00 G-12854 12SIGNS 1 of 2 SUBJECT ADOPTION OF ORDINANCE ESTABLISHING A 120-DAY MORATORIUM ON CONSTRUCTION AND ALTERATION OF OFF-PREMISE SIGNS IN THE EXTRATERRITORIAL JURISDICTION AND AUTHORIZING NOTICE TO THE TEXAS TRANSPORTATION COMMISSION OF THE EXTENSION OF OFF-PREMISE SIGN REGULATIONS TO THE EXTRATERRITORIAL JURISDICTION RECOMMENDATION It is recommended that the City Council take the following action 1 Approve the attached ordinance establishing a 120-day moratorium on the erection or alteration of off-premises signs in the extraterritorial jurisdiction (ETJ), and 2. Authorize the City Manager to notify the Texas Transportation Commission that the City has adopted a moratorium extending the City-wide ban on new construction and alteration of off- premises signs to the ETJ and that the City intends to amend its off-premises sign regulations to extend to the ETJ, and 3 Direct staff to prepare amendments to City ordinances required to enforce off-premises sign regulations in the ETJ DISCUSSION Moratorium 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 In the alternative, a municipality may allow the Texas Transportation Commission to regulate outdoor signs in the municipality's ETJ by filing a written notice with the Commission The City of Fort Worth sent such a notice on March 6, 1990, requesting that the State Highway and Public Transportation Commission assume responsibility for the regulation of outdoor signs in the City's extraterritorial jurisdiction The attached moratorium ordinance prohibits the erection of new off-premises signs in the ETJ, with the exception of political, homebuilder and subdivision signs, for a period of 120 days The ordinance also prohibits the alteration of existing off-premises signs in the ETJ for 120 days The purpose of the moratorium is to prevent the proliferation of new off-premises signs and the alteration or reconstruction of existing off-premises signs in the ETJ until sign regulations are amended to extend their application to the ETJ ~: Upon adoption of the moratorium it is recommended that the City file a written notice with the Texas Transportation Commission rescinding the March 6, 1990, letter as it relates to off-premises signs and notifying the Commission of the moratorium and the City's intent to enact amendments to its off- premises sign regulations to extend their provisions to the ETJ City of Fort Worth, Texas ~11~A~or And Cauncll Can~tirlanlcA~ian DATE REFERENCE NUMBER LOG NAME PAGE 3/21/00 G-12854 12SIGNS 2 of 2 SUBJECT ADOPTION OF ORDINANCE ESTABLISHING A 120-DAY MORATORIUM ON CONSTRUCTION AND ALTERATION OF OFF-PREMISE SIGNS IN THE EXTRATERRITORIAL JURISDICTION AND AUTHORIZING NOTICE TO THE TEXAS TRANSPORTATION COMMISSION OF THE EXTENSION OF OFF-PREMISE SIGN REGULATIONS TO THE EXTRATERRITORIAL JURISDICTION Enforcement of Sign Regulations 4 The enforcement of off-premise sign regulations in the ETJ will double the area under the jurisdiction of these regulations The registration, permit and enforcement of off-premises sign regulations within an additional 347 square miles will significantly impact the Development Department The Department has begun to inventory off-premise signs in the ETJ, with emphasis on state and federal highways and other major roadways This initial inventory should be complete by the time the Council enacts a moratorium A more complete inventory throughout the entire ETJ will be completed during the moratorium period Once the inventory is complete and the effort required to regulate these signs is determined, the Development Department will assess any additional resources that will be required to carry out Council directions regarding off-premises sign regulations. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds MGj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) I~ROVF.~ Mike Groomer 6140 ~~~°~ C®~9VC4~ Originating Department Head. 1 MAR 2~ ~~~ Ann Kovich 8901 fr 1~ ( om) ~ r Additional Information Contact: //""~^ tary at the C:itp ~cra ' " ` o~ae 1 a, Cetp of Fcsrt ~lartt Ann Kovich 8901 Adopted Ordinance No. ~ ~