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HomeMy WebLinkAboutOrdinance 13092~ 6 ORDINANCE NO ~ d ~AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011 AS AMENDED,) CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY REPEALING SECTION 17A, "OFF-PREMISE SIGNS" AND SECTION 17B, "ON- PREMISE SIGNS" AND ENACTING A NEW SECTION 17A, "SIGNS", PROHIBITING OFF-PREMISE SIGNS EXCEPT WHERE EXPRESSLY EXEMPTED, IDENTIFYING PROHIBITED SIGNS AND EXEMPT SIGNS, PROVIDING REGULATIONS FOR ON-PREMISE SIGNS IN COMMERCIAL AND INDUSTRIAL AREAS, PROVIDING FOR EXECUTION OF UNIFIED SIGN AGREEMENTS, (ESTABLISHING REGULATIONS FOR REMOVAL, REPAIR AND MAINTENANCE OF LEGAL NONCONFORMING SIGNS,~PROVIDING FOR UPGRADING OFF- PREMISE SIGNS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR SCENIC PRESERVATION COMMISSION, 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, the City of Fort Worth has heretofore enacted Chapter 17A of the Comprehensive Zoning Ordinance of the City of Fort Worth to provide location, spacing, height, setback, lighting and other regulations for off-premise signs, WHEREAS, the City of Fort Worth has heretofore enacted Chapter 17B of the Comprehensive Zoning Ordinance of the City of Fort Worth to provide location, spacing, height, setback, lighting and other regulations for on-premise signs, WHEREAS, Texas Local Government Code, Chapter 216, .provides that municipalities may regulate the location, construction and removal of signs, WHEREAS, it is in the interest of the health, safety, welfare, convenience and enjoyment of the general public to regulate the location, spacing, height, lighting and other attributes of signs located in the City of Fort Worth and to prohibit construction of new off- premise signs in the City of Fort Worth, in order to achieve the goals set out in Section 17A, Subsection A below; __ WHEREAS, in order to encourage removal of off-premise signs from designated scenic, cultural, architectural or historic areas, the City of Fort Worth wishes to enact regulations permitting an owner to upgrade legal nonconforming signs in areas that have not been designated as scenic districts or corridors, on the condition that the owner remove four (4) off-premise signs from designated scenic areas, and WHEREAS, the City of Fort Worth now wishes to repeal Chapter 17A, "Off-Premise Signs", and Section 17B, "On-Premise Signs", and to enact a new Chapter 17A, "Signs", to regulate off-premise and on-premise signs in the City of Fort Worth, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS• SECTION 1 Section 1, "Definitions", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, is hereby amended by repealing the definition of "alteration", enacting a definition of "illegal sign", and amending the definitions of "sign" and "nonconforming sign", as follows SIGN 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 which 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. The term "sign" includes the sign structure SIGN. ILLEGAL. A sign that was erected in violation of any regulation applicable at the time of erection of such sign Any sign which does not comply with the provisions of the Comprehensive Zoning Ordinance, the Sign Code or other applicable ordinance, or which is not deemed a nonconforming sign by the Building Official or his designee, shall be considered an illegal sign 2 SJGN. NONCONFORMING A sign that was lawfully installed in compliance with all City ordinances applicable at the time of installation, but that does not comply with the provisions of the Comprehensive Zoning Ordinance and the Sign Code of the City of Fort Worth SECTION 2. Section 17A, "Off-Premise Signs", and Section 17B, "On-Premise Signs", of Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, are hereby repealed and a new Section 17A,"Signs", is enacted, as follows A. SCOPE AND ENFORCEMENT This section is enacted to provide uniform standards for the location, spacing, height, lighting, and other regulation of signs within the City of Fort Worth This section is adopted with specific reference to the regulations contained in the Fort Worth Sign Code, Chapter 29, Code of the City of Fort Worth ("Sign Code"), and shall be enforced in conjunction with such code The purpose of this section is protect the health, safety, welfare, convenience and enjoyment of the general public and to protect the public from injury which may be caused by the unregulated construction of signs It is the intent of these regulations to achieve the following 1 Enhance the economic value of the landscape by avoiding visual clutter which is potentially harmful to property values and business opportunities, 2 Promote the safety of persons and property by providing that signs do not create a hazard, due to collapse, fire, collision, weather or decay; 3 Protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing motorists' ability to see pedestrians, obstacles, other vehicles and traffic signs, 4 Enhance the impression of the City which is conveyed to tourists and visitors, 5 Protect adjacent and nearby properties from the impact of lighting, size, height and location of signs, 6 Preserve, protect and enhance areas of historical, architectural, scenic and aesthetic value, regardless of whether they be cultural, natural or man- made, and 3 7 Encourage the removal of off-premise signs from designated scenic, cultural, architectural or historic districts or corridors B PROHIBITED SIGNS The following signs are expressly prohibited within the City of Fort Worth Off-premise signs, unless provisions for such signs are contained in these regulations 2 Signs erected in violation of the City's building, electrical or sign codes, or other applicable local regulations 3 Signs erected in violation of federal or state law 4 Portable signs, except those portable signs allowed under Subsection C 2 5 Animated signs, flashing signs and signs that revolve or rotate at a speed greater than ten (10) revolutions per minute Nothing contained herein shall be construed to prohibit time and temperature or other public interest electronic message signs which otherwise conform to the provisions of the Sign Code 6 Signs illuminated to such intensity or brilliance as to cause glare or impair vision Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area Nothing herein shall be construed to permit the lighting of signs located near airports which would conflict with any regulations adopted by the Federal Aviation Administration in the furtherance of air safety This requirement shall not apply to internally lit signs with a lighting intensity of less than 150 foot lamberts 7 Signs erected in or projecting into the public right-of-way unless an encroachment agreement is executed in accordance with the requirements of the Sign Code and any other ordinances regulating encroachments 8 Signs on vehicles used or intended to be used as an on-premise sign It shall be prima facie evidence that a sign is used as an on-premise sign if a vehicle is parked on site for a continuous period exceeding seventy-two (72) hours 9 "V" type signs with a face that protrudes from the opposite face at an interior angle greater than twenty-five (25) degrees This restriction shall not be construed to prohibit oval, cylindrical or box type signs 4 10 Signs with sign structure larger than is reasonably necessary to support the sign C EXEMPT SIGNS The following signs are exempted from the requirements of this section 1 Signs on vehicles, provided, however, signs on vehicles used or intended to be used as on-premise signs are prohibited pursuant to Subsection B 8 above 2 Temporary signs, as follows a) Temporary decorative flags b) Temporary public interest signs, including portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious organization, subject to the following 1) Signs shall be a maximum size of sixty (60) square feet. 2) Only one (1) such sign shall be allowed per platted lot per street frontage 3) No piggy-backing of signs is allowed 4) No temporary sign shall be located within 100 feet of another temporary sign 5) Temporary signs shall be maintained for no more than three (3) weeks 6) Temporary signs must meet all requirements of the Sign Code c) Temporary on-premise signs, including portable signs, subject to the following 1) Signs shall be a maximum size of sixty (60) square feet. 2) Only one (1) such sign shall be allowed per business, not to exceed two (2) signs per platted lot; provided that on lots with more than 300 feet of street frontage, one (1) sign shall be allowed per business, not to exceed three (3) signs 3) No piggy-backing of signs is allowed 5 4) No temporary sign shall be located within 100 feet of another temporary sign 5) Temporary signs shall be permitted for a maximum period of sixty (60) days, and no additional temporary sign shall be permitted on the same lot for a period of thirty (30) days after removal of the previous sign 6) Temporary signs must meet all requirements of the Sign Code, including permitting requirements. 7) Except for schools and churches, temporary signs are permitted only in the "E" Commercial or less restrictive districts Where a "PD" Planned Development Zoning district is involved that includes a site plan, the location of the portable sign must be delineated on the required site plan 3 Warning, security and directional signs for parking, etc 4 Government signs, flags, insignia, legal notices or informational, directional or traffic signs , 5 Political signs erected solely for and pertaining to a public election, subject to the following restrictions a) Said signs shall not be erected more than sixty (60) days prior to any primary or general election to which the sign pertains b) Said signs shall be removed within thirty (30) days after the general or run-off election to which the sign pertains c) Signs not exceeding eight (8) square feet in area may be erected in any zoning district. d) Signs not exceeding thirty-two (32) square feet in area may be erected only in Districts "E", "F-R", "F", "G", "I", "J" and "K" 6 Signs in windows 7 All signs not visible from off the property 8 Homebuilder signs, subject to the following a) Signs will be allowed between noon Friday and noon Monday only 6 b) Signs shall not exceed twenty-four (24) inches by thirty (30) inches in size, nor shall they be installed more than four (4) feet above grade c) Signs shall have a minimum separation of twenty-five (25) feet and signs for any one advertiser must be at least 200 feet apart. d) Signs shall not be located closer than forty (40) feet to street intersection e) Signs shall not be located in the public right-of-way f) Signs shall not be located more than three (3) miles from the subject property g) Signs shall be rigid, two-dimensional displays that advertise only new one- and two-family properties for sale h) Written permission shall be obtained from owners of property where sign is located 9 Subdivision directional signs, subject to the following a) Signs shall be a maximum size of sixty-four (64) square feet. b) Signs must be placed upon 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 may be erected fora maximum of one (1) year unless additional one-year approval is given by the Board of Adjustment. A maximum of two (2) one-year approvals shall be permitted by the Board of Adjustment. e) Signs shall meet all requirements of the Sign Code, including permitting requirements 10 On-premise development signs (signs identifying a developer's property and sales office/model home sites), subject to the following a) Sales Office/Model Homes 1) Signs shall be a maximum size of 200 square feet. 7 2) Signs shall be a maximum height of twenty-five (25) feet. 3) No sign shall be illuminated between the hours of 1000 p m and700am 4) Only one (1) sign per developer or builder is permitted 5) Sign must be located on the site of the model home 6) No sign may be erected for more than two (2) years 7) Signs shall meet all requirements of the Sign Code, including permitting requirements b) A developer's sign with a maximum area of 200 square feet may be installed within a subdivision being developed, subject to the following regulations 1) Such signs shall be located at major intersections or upon properties reserved for commercial use within the subdivision 2) A developer's sign may include the names of active builders who are building within the subdivision 3) Signs shall meet all requirements of the Sign Code, including permitting requirements 11 Nameplate and street address signs not exceeding one (1) square foot in area 12 One (1)non-illuminated real estate sign, temporary in nature, advertising the sale or lease of real property on which the sign is located or announcing contemplated improvements of real property on which. the sign is located, provided, however, that said sign shall not exceed eight (8) square feet in any one- ortwo-family dwelling district and shall not exceed sixty (60) square feet in any other district; provided, further, however, on corner lots and through lots, one (1) such sign shall be allowed for each street on which the lot has frontage 13 One (1) construction sign, not exceeding forty (40) square feet in area and not located in any one- and two-family dwelling district, denoting the owner, architect, financial institution, general contractor, subcontractor or any statement pertaining to the project on the real property on which the sign is located, provided, however, on corner lots and through lots, one (1) such sign shall be allowed for each street on which the lot has frontage 8 14 "No Dumping" and "No Trespassing" signs D REGULATIONS GOVERNING ON-PREMISE SIGNS On-premise signs in agricultural, community facilities, mobile home, and residential districts are governed by the district regulations set out in Sections 2A, 2B, 2C, 2D, 3 and 16A, as applicable 2 Detached On-Premise Signs in Commercial and Industrial Districts Unless exempted under the provisions of Subsection C, the following regulations shall apply to all detached on-premise signs erected in districts "E" through "K"• a) One (1) detached sign may be erected on each platted lot or on property which is subject to a Unified Sign Agreement executed in accordance with Subsection E Additional signs may be erected under the following circumstances 1)' On corner lots and through lots and on corner tracts and through tracts that are subject to a Unified Sign Agreement, one (1) sign shall be allowed on each street on which the property has frontage, 2) On lots having more than 100 feet of street frontage, more than one (1) detached sign may be installed provided that such signs are at least 100 feet apart and the total area of all signs does not exceed the maximum allowable sign area set forth in Subsection (b) below; and 3) On property subject to a Unified. Sign Agreement having more than 300 feet of street frontage, more than one (1) detached sign may be installed provided that such signs are at least 300 feet apart and the total area of all signs does not exceed the maximum allowable sign area set forth in Subsection (b) below b) The maximum allowable sign area shall be one (1) square foot per linear foot of street frontage, not to exceed 672 square feet. Provided, however, when the height is increased as permitted by Subsection (c) below, the sign area may be increased by one (1) percent for each foot of additional height not to exceed a ten (10) percent increase in sign area c) The maximum height of a detached sign shall be limited to twenty-five (25) feet; provided, however, that the height may be increased one (1) 9 foot for every foot that the sign is set back from all side property lines, to a maximum height of sixty (60) feet or the permitted height of the zoning district, whichever is less d) No sign with a ground clearance of less than eleven (11) feet may be erected within twenty (20) feet of a driveway or other ingress/egress to the property; nor shall any such sign be erected within any corner clip or public open space easement (POSE) No sign pole shall be greater than ten (10) inches in diameter within such a corner clip or POSE 3 Attached Signs in Commercial and Industrial Districts Unless exempted under the provisions of Subsection C, the following regulations shall apply to all attached on-premise signs erected in districts "E" through "K" a) The total sign area shall cover no more than fifteen (15) percent of the total area of the wall or facade, including doors and windows, on which the signs are placed Each tenant space shall be limited to such fifteen (15) percent restriction b) Signs shall not project more than three (3) feet from the building or canopy No sign projection shall encroach over public property except as permitted by the Sign Code c) Signs may be installed upon the roof subject to the following restrictions 1) The area of the sign shall not exceed fifteen (15) percent of the area of the closest wall of the building above which the sign is placed 2) The sign shall not exceed four (4) feet above the roof or top of the parapet wall at the roof, whichever is higher 3) All roof signs placed upon a building or buildings upon one platted lot shall be similar in size, shape, area, and design E. UNIFIED SIGN AGREEMENTS Two (2) or more adjoining lots or two (2) or more lots that are separated only by right-of-way will be considered to be a single premises for the purpose of erecting on-premise signs, if a Unified Sign Agreement is approved by the 10 City Council and executed in compliance with this section 2 Lots Eligible for Unified Sign Agreement In order to be considered to be adjoining, lots must be immediately adjacent to each other and not at cross corners or connected by narrow strips of land too small to serve as emergency access easements Lots separated by right-of-way must be directly across the right-of-way and, except for the right- of-way, must be adjoining and not at cross corners or connected by narrow strips of land too small to serve as emergency access easements 3 Criteria for Approval In considering whether to approve consideration of multiple lots as a single premises, the City Council shall consider the following criteria a) All areas to be combined in the Unified Sign Agreement must be part of a clearly defined unified commercial or industrial development constructed as a single destination point for customers and visitors Attributes of a unified commercial or industrial development include 1) common name identification to the public; 2) shared parking provided throughout the development; 3) sign structures utilized for shared signage, including identification of the common name of the development; 4) physical layout of the development results in a cohesive development; and 5) the area should not be the combination of disparate premises joined solely for the purpose of initiating a Unified Sign Agreement. b) The signage proposed pursuant to a Unified Sign Agreement must demonstrate an overall reduction in sign clutter as evidenced by a reduction in the number, size, and height of detached signs that would be allowed in the absence of a Unified Sign Agreement. c) A Unified Sign Agreement shall be authorized only in an "E" or less restrictive zoning district. d) Property can be subject to only one (1) Unified Sign Agreement. 11 4 Allowed Signaae a) Upon approval of a Unified Sign Agreement, all existing signs shall be removed or brought into compliance with this Subsection 17A.E All new signs constructed pursuant to the agreement and all existing signs remaining on the property shall comply with Subsection 17A.E Existing signs shall not be considered to be legal nonconforming as a result of erection of signs in accordance with the agreement. b) Within the area of the Unified Sign Agreement, spacing between detached signs shall be a minimum of 300 feet. c) The allowed size and height of signs shall be calculated as provided for in Subsection 17A.D.2, "Detached On-Premise Signs in Commercial and Industrial Districts", 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 5 Sign Plan Required a) A sign plan covering the entire area included in the Unified Sign Agreement shall be submitted to the City Council for approval The sign plan shall contain the following information 1) The location, size, and height of all existing and proposed signs, 2) Description of development within the area of the Unified Sign Agreement demonstrating the attributes of a unified commercial or industrial development as described in Subsection E 3(a) above, and 3) Demonstrated compliance with Subsection E 3(b) above showing an overall reduction in sign clutter as evidenced by a reduction in the number, size and height of detached signs b) A copy of the sign plan shall be attached to the Unified Sign Agreement and may be amended only with the approval of the City Council, upon compliance with the requirements set out in Subsections E 4, "Allowed Signage", and E 5, "Sign Plan Required" 12 6 Notice of Decision Upon review of a Unified Sign Agreement or an amendment of a Unified Sign Agreement by the Development Director, notice shall be sent by regular United States Mail to all property owners within 300 feet of the boundaries of the area included in 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 in the agreement. The notice shall be mailed no later than thirty (30) days prior to consideration of the agreement by the City Council 7 Execution. Amendment Termination and Filing of Unified Sign Agreements a) The Unified Sign Agreement shall 1) Contain the names and addresses of the owners and the legal descriptions of all properties within the Unified Sign Agreement; 2) State that all parties agree that the properties covered by the agreement may be collectively treated as a single premises for the limited purpose of determining the number, size and location of on-premise signs permitted in accordance with this Section 17A, 3) State that the agreement constitutes a covenant running with the land with respect to all properties subject to the agreement; 4) State that all parties agree to defend, indemnify and hold harmless the City of Fort Worth from and against all claims or liabilities arising out of or in connection with the agreement; 5) State that the agreement will be governed by the laws of the state of Texas, 6) State that the agreement may be amended or terminated only in accordance with Subsection (b) below; 7) Be approved by the City Council and approved as to form by the City Attorney; 8) Be signed by all owners of the properties included in the agreement; and 13 9) Be signed by all lienholders, other than taxing entities, that have either an interest in the lots covered by the agreement or an improvement on those properties b) A Unified Sign Agreement may be amended or terminated as follows 1) The amendment or termination agreement shall be executed by all owners of the properties included in the Unified Sign Agreement, and all lienholders, other than a taxing entity, that have an interest in land covered by the agreement or an improvement on such land 2) termination agreement shall be approved by the City Council if all signs on the property governed by the agreement are in compliance with City sign regulations, as if no Unified Sign Agreement had been executed Any signs that are not in compliance shall be removed or brought into compliance prior to approval of the agreement by the City Council 3) In considering whether to approve an amendment to a Unified Sign Agreement, the City Council shall consider the criteria for approval of Unified Sign Agreements set out in Subsection E 3 above c) A Unified Sign Agreement or an agreement to amend or terminate such an agreement is not effective until the agreement is approved by the City Council and approved as to form by the City Attorney, the agreement is filed in the deed records in the county in which the property is located, and two (2) file-marked copies of the agreement are delivered to the Director of Development. F NONCONFORMING SIGNS 1 Permitted Alteration of Nonconforming Signs A nonconforming sign may be altered only as follows, subject to complying with permitting requirements set out in the Sign Code a) The sign may be upgraded in accordance with Subsection F 2 below; b) The letters, symbols or other matter on the sign may be changed, c) A sign which has been blown down or otherwise destroyed by wind, fire or damages from any other source, may be repaired, provided 14 that the cost of repairing the sign is sixty (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 sixty (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 it into compliance with the Comprehensive Zoning Ordinance, the Sign Code and all other applicable ordinances, and d) Maintenance operations may be performed on the sign For purposes of this section, "maintenance operations" means the process of keeping a sign in good repair Maintenance operations include cleaning, painting, repair or replacement of parts in a manner that does not alter or remove the basic design or structure of the sign Examples of actions that are not maintenance operations include, without limitation, conversion of a sign from a multiple pole structure to a monopole structure, replacement of wooden poles with metal poles, and any task that requires removal of the display surface from its supporting structure for any purpose other than changing letters, symbols or other matter on the sign If a sign is dismantled for any purpose other than maintenance operations or for changing the letters, symbols or other matter on the same, the sign may not be altered, reconstructed, repaired or replaced, and the owner shall remove the sign or bring it into compliance with the Comprehensive Zoning Ordinance, the Sign Code and all other applicable ordinances All other alterations of any nature whatsoever in connection with nonconforming signs are prohibited If any such alteration is performed, the owner shall remove the sign or bring it into compliance with the Comprehensive Zoning Ordinance, the Sign Code and all other applicable ordinances 2 Upgrading Existing Off-Premise Signs In order to encourage the removal of off-premise signs from designated scenic districts and corridors, an owner may upgrade an existing off-premise sign, with City Council approval, under the conditions set out below r a) Definition of "Upgrading" For purposes of this section, "upgrading" means making any change to an existing off-premise sign, other than repairs and maintenance operations permitted pursuant to Subsection F 1 above, provided, however, signs erected on buildings and multiple signs located within 15 twenty-five (25) feet of each other on the same structure or separate structures shall not be upgraded Upgrading of off-premise signs shall be permitted only in areas that have not been designated as a scenic district or corridor pursuant to Section 17A.G below Upgrading of off-premise signs in designated scenic areas is prohibited b) Calculation of Credits for Removal of Off-Premise Signs 1) Any person wishing to upgrade an off-premise sign must remove four (4) off-premise signs from designated scenic districts or corridors and must have Square Footage Credits, as defined below, equal to the size of the sign to be upgraded No credit will be given for signs that have not been registered in accordance with Section. 29-31 of the Sign Code 2) The Development Department shall create an account for each sign owner showing the date of removal and the location and dimensions of the signs removed The account shall reflect two (2) types of sign credits, as follows a) one-fourth credit for each off-premise sign that is removed ("Structure Credit"), and b) one-fourth credit for each square foot of display area that is removed, excluding cut-out extensions ("Square Footage Credit") The number of Square Footage Credits awarded shall be equal to the display area of the sign, and shall not be increased if copy is displayed on more than one (1) side of the sign 3) Any sign credits not used within five (5) years of their creation shall expire 4) A sign owner may transfer sign credits, provided, however, the transfer does not extend the five (5) year term of such credits c) Use of Sign Credits for Upgrading Off-Premise Sign A permit to upgrade an off-premise sign shall be issued only if the applicant has at least one (1) Structure Credit and sufficient Square Footage Credits When the permit to upgrade the existing sign is issued, the Development Department shall deduct from the sign owner's account: 16 1) one (1) Structure Credit for each sign to be upgraded, and 2) Square Footage Credits equal to the square footage of display area of the sign to be upgraded Ex. One (1) 672 square foot sign (with advertising copy on one (1) only or on both sides) can be upgraded by using one (1) Structure Credit and 672 Square Footage Credits In order to earn one (1) Structure Credit and 672 Square Footage Credits, it would be necessary to remove four (4) off-premise signs with display areas totaling 2688 square feet. d) Procedure for Removal of Off-Premise Signs Any person wishing to obtain sign credits for removal of an off- premise sign shall submit written notice of intent to remove the sign to the Development Department, before taking any action to remove the sign The notice shall be submitted on a form provided by the Development Department. No sign credits shall be awarded for any off-premise sign that is removed before the notice of intent is submitted to and accepted by the Development Department, except as set forth below Eligibility for credit shall be determined as follows 1) Illegal Signs No sign credits will be awarded for removal of illegal off-premise signs 2) Nonconforming Signs That Have Been Illegally Altered No sign credits will be awarded for illegally altered nonconforming signs that are required to be removed in accordance with Subsection F 1 3) Signs Removed. Pursuant to Eminent Domain No sign credits will be awarded for removal of signs for which compensation is paid pursuant to eminent domain proceedings 4) Removal of Damaged Nonconforming Signs No sign credits will be awarded for the removal of a nonconforming sign that is blown down or otherwise destroyed by wind, fire or damages from any other source, where the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location If the damaged nonconforming sign can be repaired at a cost of sixty (60) percent or less of the cost of erecting a new sign, the owner may elect to repair the sign In the alternative, the owner may 17 remove the sign and receive sign credits for the removal The owner shall submit a notice of intent to the Development Department before removing the sign, unless the immediate removal of the damaged sign is required because it presents a safety hazard e) No Increase in Area or Height. An off-premise sign with a display area exceeding 672 square feet that is upgraded in accordance with this section shall be reduced to no larger than 672 square feet. The display area of a sign that is 672 square feet or less in size may not be increased as a result of the upgrade No height increase is allowed for any upgraded sign f) Zoning Commission Recommendation and City Council Approval Required. The Zoning Commission shall conduct a public hearing on the upgrade request and shall submit its recommendation to the City Council No off-premise sign may be upgraded without City Council approval after a public hearing Notice of the Zoning Commission and City Council hearings shall be given in accordance with Subsection 2563 g) No Violation of Federal or State Law. Nothing herein shall permit a legal nonconforming sign to be upgraded in violation of any federal or state law G SCENIC PRESERVATION COMMISSION 1 There is hereby created a Scenic Preservation Commission for the purpose of making recommendations to the Zoning Commission regarding the designation of areas of the City as scenic, cultural, architectural or historic areas Designated scenic, cultural, architectural or historic areas are significant in two respects a) Upgrade provisions set out in Subsection F 2 above apply only to off- premise signs located in areas that have not been designated as scenic, cultural, architectural or historic areas, and b) Four (4) signs must be removed from a designated area in order to upgrade a sign in an undesignated area 18 2 The Scenic Preservation Commission shall consist of two (2) members of the Historic and Cultural Landmarks Commission and three (3) at-large members, to be appointed by the City Council A quorum shall consist of three (3) members A majority of those members present and competent to vote shall be required to approve any matter before the Commission 3 The Scenic Preservation Commission on its own motion may initiate applications to consider designating any area within the City as a scenic, cultural, architectural or historic area In addition, applications may be initiated by of the City Council, the Zoning Commission, the Plan Commission or the Historic and Cultural Landmarks Commission, or upon the application of the owner of any property to be so designated Written notice of any application before the Scenic Preservation Commission shall be given at least ten (10) days prior to any meeting to the owner or owners of the property within such area to be so designated, as such ownership appears on the last approved ad valorem tax roll 4 Designation of property as a scenic, cultural, architectural or historic area shall be an overlay designation The Commission shall make a recommendation to the Zoning Commission, either in favor of or against designating all or any part of the subject area as a scenic, cultural, architectural or historic area The same notice and hearing requirements as for changes in zoning shall be followed by the Zoning Commission and the City Council at all hearings to designate any area as a scenic, cultural, architectural or historic area 5 Following are criteria for designation of scenic, cultural, architectural or historic areas, standards for determination of widths and termination points of corridors, and descriptions of designated districts and corridors a) An area must satisfy one (1) or more of the following criteria in order to be designated as a scenic, cultural, architectural or historic district or corridor 1) Character of Fort Worth distinctive in character, interest or value as part of the development, heritage or cultural characteristics of the City of Fort Worth, State of Texas or the United States 2) Architectural Significance group of buildings which are examples of a significant architectural style/design or innovation or have been identified as the work of an important architect. 19 3) Historic Event or Person the site of a significant historic event or is identified with a person or persons who significantly contributed to the culture and development of the area 4) Character of Neighborhood represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area 5) Designated Historical Area an area that is designated as a local Historic and Cultural Landmarks District, Conservation District, Recorded Texas Historic Landmark or State Archeological Landmark or is listed in the National Register of Historic Places 6) Views and Vistas dramatic views, horizon lines, urban scenes and vistas 7) Gateways is a primary gateway to the City 8) Connecting Routes routes that connect scenic districts even though the route itself is of marginal value 9) Parks City, State or Federal parks and recreation areas or other areas that are maintained by the City Parks and Community Services Department. 10) Natural Features represents an example of a natural feature including a) streams, lakes and wetlands b) unusual geological formations c) recreational areas and floodplains d) outstanding areas of natural vegetation b) The following areas are designated as scenic, cultural, architectural or historic districts 1) Fort Worth Stockyards National Register Historic District, as shown on the map attached hereto as Exhibit "A", 2) Central Business District, according to the 1982 CBD Plan boundaries, as shown on the map attached hereto as Exhibit «B„ 20 3) Cultural District, according to the Fort Worth Cultural District Master Plan boundaries dated March 7, 1990, as shown on the map attached hereto as Exhibit "C", 4) Medical District, generally described as the area from Lancaster Avenue south to West Allen Avenue and from the Tarantula railroad right-of-way east to the Burlington Northern railroad right-of--way, as shown on the map attached hereto as Exhibit "D", 5) Fairmount/Southside Historic District, as shown on the map attached hereto as Exhibit "E", 6) Elizabeth Boulevard National Register Historic District, as shown on the map attached hereto as Exhibit "F", 7) Circle Park Conservation District, as shown on the map attached hereto as Exhibit "G", 8) Grand Avenue National Register Historic District, as shown on the map attached hereto as Exhibit "H", 9) Masonic Widows/Orphans Home Historic District, as shown on the map attached hereto as Exhibit "I", 10) Kenwood Court Historic District, as shown on the map attached hereto as Exhibit "J" All district boundary lines shall be measured to the centerlines of all public or railroad rights-of-way bordering the districts c) The following areas are designated as scenic, cultural, architectural or historic corridors 1) North Main Street from the Fort Worth Stockyards to the Central Business District; 2) Lancaster Avenue from Camp Bowie Boulevard to South Beach Street; 3) University Drive/North Side Drive/Oakhurst Scenic Drive from Cranbury Road to Belknap Street; 21 4) Camp Bowie Boulevard from University Drive to I H -30 (West Freeway), 5) I H -35W (North Freeway) from 28th Street exit south to the centerline of the Trinity River; 6) I H -30 (East Freeway) from Central Business District east to Loop 820 East; 7) U S Hwy 287 (Martin Luther King Freeway) from Central Business District southeast to Village Creek Road, 8) Hemphill Street from Allen Avenue south to Felix Street; 9) Jacksboro Highway (U S Hwy 199) from Lake Worth (100 year flood plain - 600 feet elevation above sea level) to the southerly end of Nine Mile Bridge Road and from 500 feet north of the Municipal Golf Course to North Side Drive, 10) Loop 820 West (Jim Wright Freeway) from 25(1/4) miles north to 25 (1/4) miles south of Lake Worth (100 year flood plain - 600 feet elevation above sea level), 11) Loop 820 East from .25(1/4) miles north of the first bridge abutment north of Mosier Lake to the southerly boundary of the 100 year floodplain of the West Fork of the Trinity River (approximately 150 feet), 12) Randol Mill Road/1st Street from Haltom Road east to Bridgewood Drive and from .25(1/4) miles east of Loop 820 East to John T White Road, 13) East Berry Street from Mitchell Boulevard to Old Mansfield Highway; 14) South Hulen Street from Vickery Boulevard south to Loop 820 South, 15) Bryant Irvin Road from Vickery Boulevard south to Oakmont Boulevard, 16) Angle Avenue/Marine Creek Parkway from Loop 820 West (Jim Wright Freeway) to Northwest 28th Street; 22 17) Evans Avenue from Terrell Avenue to East Berry Street; 18) Horne Street from I H -30 to Vickery Boulevard, 19) Amanda Avenue from Ramey Street to East Rosedale Street; 20) South Riverside Drive from I H -30 (East Freeway) to Wichita Street; 21) 4th Street from Central Business District to South Riverside Drive, 22) East and West Rosedale from University Drive to Loop 820 East; 23) Seminary Drive from I H -35W (South Freeway) to Wichita Street; 24) Vickery Boulevard from I H -35W (South Freeway) to South Ayers Avenue, 25) White Settlement Road from University Drive to the city limits of Westworth Village, 26) Railtran Corridor from the east Fort Worth city limit line west to the Central Business District d) It is the intent of this ordinance that the future alignment of S H 121 will be designated as a scenic corridor upon determination of the final alignment of such highway, after notice and hearing in accordance with this section Such scenic corridor shall be 660 feet wide from each side of the public right-of--way e) The corridors described above along I H -35W, I H -30, Loop 820 and U S Hwy 287 are 660 feet wide from each side of the public right-of- way All other corridors described above are 200 feet wide from each side of the public right-of--way It is the intent of this ordinance that in the event Jacksboro Highway (U S Hwy 199) is widened, the width of the scenic corridors along Jacksboro Highway shall be increased to 660 feet wide from each side of the final alignment of the public right- of-way 23 f) When a corridor designated under this section ends at an intersection with aright-of--way which is not designated as part of a corridor, the corridor shall terminate at the centerline of the non_designated right- of-way H Notwithstanding anything contained herein to the contrary, any sign authorized under Section 17A may contain noncommercial copy in lieu of any other copy SECTION 3. This ordinance shall be reviewed three years after its effective date in order to determine the effectiveness of the ordinance in reducing the number of off-premise signs in designated scenic, cultural, architectural or historic areas of the City of Fort Worth SECTION 4 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 in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 5. 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section 24 SECTION 6. 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 ($2,000 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No 3011 or any other ordinances affecting zoning 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 in 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 8 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 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained 25 APP OVED AS TO FORM AND LEGALITY G~ ~~~Y~ Assistant City Attorney Date. ~ ! (0 1 R R'7 ADOPTED t~~ ) S, ~ °l g `~ 26 ~~~ e 2~iti ~W•[1 utx s 23RD 22~1D ~. I . . . • NE 28TH S'I' ., • . , . , • • • f • ~ • ~ • ; : • /• • ~ • ~ • 1 • • • • /• • , • • ~ • • I • • • • ~ ~ • ~ • / • ~ • ~ • • •• ~ • •I • • N 1 ~ • ~ • \ I • • ~ • ~ r ~ •, ,. ... .. ~ . • • ~~ ~~. a~ac4iv ~ : .:, :~ •`. ?•` •. •: ;. • •. ;: '~ . •. • :• ,, ~ • . • .. ~. . . ~wr...r.~..~ • ''~•@~ ..,, D ~T ~ • ~.. ~ EXfiIBIT "A" $XHIBIT "B" BXHIBIT "C" EXHIBIT "D" n ZD ~3 ~O ~C mZ ~~ -{O z~ v~ v~_ -~ ~m -~ i ,~ ~~ ~~~~~ ~~~~ ~~~11~ EXEIBIT "E" ;. •---L, ~ ~~ ~~ ..... ~~~~ te~7n ~ ~ ..~.... n m z m n r -p ~, m = m W c c_Dj m D Z v O -i (7 -i t+ . ~~ ~ ~~ ~ kva~EY Aye.. ~NRasoU~.rr ~. sl~c,~ I~vc. FiF,rtr ~.vE: ~~ ~ Ot i ~}Y Ot ~ =tD ~~~ s}D ot~ 3tn Q~ $ ~~~ ~ F ~ anti ~ ~ ~ ;~~ I1 ~--- s s s~~ di ~ ~ =~D D~ ~ ~ ~~d Q€ r ~~~ A~ r Q~~ ~fU ~~; #Q ~~ :j s ~~0 ~z ~tb s. Aa.,~s 6,: i s~ 1 - ~. COLLEC3E AVE. ~_~ ~ 1 ~~~ ~ _. ~~ ,. ~~; EXHIBIT "F" ~. ~._ ~-- , ;~o t~ ~~ ~ 4H 1 / JUDY 11,1996 o DISi'RICP BXHIBIT "G" z v m z c m n m z n -o m m a -~ 0 z v -~ n ~; ____ , _ ~ , _ -- \ ~ \ ~ BxHZBIT ~H. ~~~ .__ ~ ~ ~ ,~ f \ r ~~`\~~ ~~ ~~ ~~ . ~ EXHIBIT "I" ~.~,,, .-~, KENWOOD COURT SCENIC PRN~ERVATlON~DLS~ ~ ~i i i ~i i i i i ~~II ~ ~I 1 RD ~ .....x... „ ~ ~ ~' ~ - ~ ~ DISTRICT Y ii,1~ 1 I I ' BXHIBIT "J"