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HomeMy WebLinkAboutOrdinance 18995-01-2010ORDINANCE NO 18995-01 2010 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", AMENDING SECTION 6.410 "UNIFIED SIGN AGREEMENTS" TO PROVIDE FOR THE ADMINISTRATIVE APPROVAL OF AN AMENDMENT TO A UNIFIED SIGN AGREEMENT, TO EXTEND ELIGIBILITY TO SINGLE LOT DEVELOPMENTS WITH MULTIPLE TENANTS, TO ALLOW FOR THE CONSTRUCTION OF ENTRY FEATURES AND TO EXPAND THE ALLOWABLE AREA THAT CAN BE INCLUDED IN THE UNIFIED SIGN AGREEMENT, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION, AND NAMING AN EFFECTIVE DATE WHEREAS, on November 6, 2007 the Fort Worth City Council approved Ordinance No 17872 which substantially revised Chapter 6, Article 4 of the Zoning Ordinance to provide regulations for the installation of signage for the marketing and identification of properties, electronic changeable copy signs, monument and Unified Sign Agreements, and WHEREAS, since the adoption of the 2007 revisions, businesses have become increasingly interested in utihzmg Unified Sign Agreements to provide for increased height in signage while decreasing the total number of signs otherwise allowed by fifty (50) percent and WHEREAS, amendments to the current regulation for Unified Sign Agreements are necessary to revise the process to approve any amendments to such agreements and to revise the cntena for those properties eligible to enter into such agreement and the allowable signage area and features for certain properties, and WHEREAS it is recommended that Article 4 `Signs" of the Zoning Ordinance be amended to provide that any amendment to a unified sign agreement may be administratively approved, to provide that single lot developments with multiple tenants may be eligible to enter into a unified sign agreement and to allow entry features as part of a unified sign agreement. 1 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Subsection Section 6 410 `Unified Sign Agreement" of Chapter 6 `Development Standards" Article 4 `Signs" of Ordinance No 13896 the Zoning Ordinance of the City of Fort Worth is hereby amended to provide that single lot developments with multiple tenants may be eligible for a Unified Sign Agreement; to provide for the administrative approval of an amendment of a unified sign agreement; to allow for the construction of entry features and to provide additional signs square footage for properties with longer street frontage, to read as follows Sec. 6.410 Unified sign agreements for on-premise signs. The City Council or Planning and Development Director may authorize the consideration of a single premise with multiple tenants or a single premise of two or more adjacent lots or two or more lots that are separated only by nght-of way for the purpose of erecting on-premise signs, if a unified sign agreement is approved and executed m accordance with this section. A. Lots eligible for unified sign agreement. 1 Two or more adjacent lots In order to be considered to be adjacent, lots must be immediately adjacent to each other and not at cross corners or connected by narrow steps of land too small to serve as emergency access easements. Lots separated by nght-of way must be directly across the nght-of way and, except for the nght-of way must be adjacent and not at cross corners or connected by narrow steps of land too small to serve as emergency access easements. 2 Single lot. A single platted lot commercial development which contains multiple tenants. B Criteria for approval. In deciding whether to approve a single lot commercial development or multiple lots as a single premise for a unified sign agreement, the following cntena shall be considered. 1 All areas to be combined m the unified sign agreement must be part of a clearly defined unified commercial or mdustnal development constructed 2 as a single destination point for customers and visitors. Attributes of a unified commercial or mdustnal development mclude• a. Common name identification to the public; b Shared parking provided throughout the development; c. Sign structures utilized for shared signage, including identification of the common name of the development; d. Physical layout of the development results in a cohesive development; and e. The area should not be the combination of disparate premises joined solely for the purpose of initiating a unified sign agreement. 2 The signage proposed pursuant to a unified sign agreement must demonstrate an overall reduction m sign clutter as evidenced by a reduction of 50 percent m the number of signs that would be allowed m the absence of a unified sign agreement. 3 No more than 50 percent of the advertised message area may be used by one tenant. 4 A unified sign agreement shall be authorized only m an 'E or more intensive zoning district. 5 Property can be subject to only one unified sign agreement. C Allowed signage. 1 Upon approval of a unified sign agreement, all existing signs shall be removed or brought into compliance with this p~subsection. All new signs constructed pursuant to the agreement and all existing signs remaining on the property shall comply with this p~subsection. Existing signs shall not be considered to be nonconforming as a result of erection of signs in accordance with the agreement. 2 Within the area of the unified sign agreement, spacing between detached signs shall be a minimum of 300 feet. 3 The allowed size and height of signs shall be calculated as provided for m section 6 407 except that the length and width of any right-of way separating lots within the area shall not be counted toward allowable sign square footage. 4 For street frontages greater than 1 OOO linear feet, the maximum allowable sign area shall be calculated as one square foot of signage per linear foot of street frontage. 5 Entry features of construction materials similar to the building and other detached signs shall be allowed for commercial or mdustnal developments over five (5) acres provided that. a. the entry signs must be located on a mayor arterial or street of higher classification, b the entry signs are attached to a wall or entry feature; c. maximum height of the feature is 25 feet; d. signage is limited to 80 square feet with a maximum height of 10 feet; e. one feature is permitted per frontage; and 3 f. the feature must be located within 50 feet of an entry driveway D Sign plan required. 1 A sign plan covering the entire area included in the unified sign agreement shall be submitted to the Planning and Development Director for approval The sign plan shall contain the following information. a. The location, size, and height of all existing and proposed signs, b Description of development within the area of the unified sign agreement demonstrating the attributes of a unified commercial or industrial development as described m paragraph B 1 and c. Demonstrated compliance with paragraph B.2, showing an overall reduction in sign clutter as evidenced by a reduction of 50 percent m the number of detached signs. 2 A copy of the sign plan shall be attached to the unified sign agreement and maybe amended only with the approval of the Planning and Development Director upon compliance with the requirements set out m paragraphs C and D above. E. Findings The Planning and Development Director may administratively approve a unified sign agreement, if on the basis of the sign plan submitted the Director finds that all of the above requirements are met without the necessity of any variances. If the Director finds that variances from the above requirements are necessary for height and size, consideration of the variance(s) shall be by the Board of Adjustment with final approval of the unified sign agreement by the City Council. F Notice of decision. Upon review of a unified sign agreement requesting variance(s) for height, size or location of a unified sign agreement by the Planning and Development Director and after consideration by the Board of Adjustment, notice shall be sent by regular United States mail to all property owners within 300 feet of the boundaries of the area included m the agreement, as indicated on the most recently approved municipal tax roll. Such notice shall provide a description of the unified sign agreement and the location of the area included m the agreement. The notice shall be mailed no later than 30 days prior to consideration of the unified sign_agreement by the City Council. G Execution, amendment, termination and filing of unified sign agreements 1 The unified sign agreement shall a. Contain the names and addresses of the owners and the legal descriptions of all properties within the unified sign agreement; b State that all parties agree that the properties covered by the agreement may be collectively treated as a single premise for the limited purpose of determining the number size and location of on-premises signs permitted m accordance with this section, 4 c State that the agreement constitutes a covenant running with the land with respect to all properties subject to the agreement; d. State that all parties agree to defend, indemnify and hold harmless the City of Fort Worth from and against all claims or habilrties arising out of or m connection with the agreement; e. State that the agreement will be governed by the laws of the State of Texas, f. State that the agreement may be amended or terminated only m accordance with paragraph b below g. Be approved by the city council or planning and development director and approved as to form by the city attorney h. Be signed by all owners of the properties included in the agreement; and i. Be signed by all hen holders, other than taxing entities that have either an interest m the lots covered by the agreement or an improvement on those properties. 2 A unified sign agreement maybe amended or terminated as follows. a. The amendment or termination agreement shall be executed by all owners of the properties included m the unified sign agreement, and all lien holders, other than a taxing entity that have an interest m land covered by the agreement or an improvement on such land. b A termination agreement shall be approved by the Planning and Development Director if all signs on the property governed by the agreement are m compliance with City sign regulations, as if no unified sign agreement had been executed. Any signs that are not m compliance shall be removed or brought into compliance prior to approval of the agreement by the Planning and Development Director c. In considering whether to approve an amendment to a unified sign agreement, the Planning and Development Director shall consider the criteria for approval of unified sign agreements set out m paragraph B 3 A unified sign agreement or an agreement to amend or terminate such an agreement is not effective until the agreement is approved by the Planning and Development Director and approved as to form by the City Attorney the agreement is filed m the deed records m the county m which the property is located, and two file marked copies of the agreement are delivered to the Planning and Development Director SECTION 2. 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 provision of such ordinances and such 5 Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the city Council that 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 ~unsdiction, 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 of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 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 fined not more than Two Thousand Dollars ($2000 00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5 All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 13896 which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all 6 pending litigation, both civil and criminal, whether pending m court or not, under such ordinances, same shall not be affected by this ordinance buy may be prosecuted until final disposition by the courts. SECTION 6. 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 in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013 Texas Local Government Code. SECTION 7 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS ORM AND LEGALITY .~~ Assistant City Attorney ADOPTED January 12, 2010 EFFECTIVE 3 f C~ 7