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HomeMy WebLinkAboutOrdinance 11755ORDINANCE NO ~ ~ 7~S AN ORDINANCE EXTENDING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR PERMITS FOR THE ERECTION OR ALTERATION OF OFF-PREMISE OUTDOOR COMMERCIAL ADVERTISING SIGNS AND THE ACCEPTANCE OF APPLICATIONS FOR "S" SIGN SUBDISTRICT ZONING FOR 90 DAYS, DIRECTING THE SCENIC PRESERVATION COMMISSION TO 1VIAKE RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING DESIGNATION OF SCENIC AREAS AND METHODS FOR REDUCTION OF OFF-PREMISES- SIGNS IN SCENIC AREAS, PROVIDING FOR A METHOD FOR REPEAL OF THIS ORDINANCE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER CODES AND ORDINANCES OF THE CITY EXCEPT WHERE SUCH OTHER CODES AND ORDINANCES ARE IN CONFLICT WITH THIS ORDINANCE, PROVIDING A PENALTY CLATJSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF FORT WORTH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 17A(H) of the Comprehensive Zoning Ordinance of the City of Fort Worth, Ordinance No 3011, as amended, created a Scenic Preservation Commission for the purpose of making recommendations to the Zoning Commission regarding the designation of azeas of the City as scenic, cultural, azchitectural or historic azeas wherein the location, erection and maintenance of off-premise signs aze prohibited, WHEREAS, the City Council appointed five members to the Scenic Preservation Commission. effective September 12, 1994, WHEREAS, on April 12, 1994, the City Council adopted Ordinance No 11537 requesting and directing the Zoning Commission to formulate and report to the City Council its recommendations relating to the control of off-premise outdoor advertising and prohibiting for a period not to exceed 120 days the acceptance of applications for permits for the erection or alteration ofoff-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning in the City of Fort Worth pending consideration of such issues by the Zoning Commission and the City Council, WHEREAS, a second 120 day moratorium on the acceptance of applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning was enacted on August 16, 1994 and will expire on December 14, 1994, WHEREAS, the Scenic Preservation Commission, with the assistance of City staff, is currently analyzing scenic, cultural, architectural and historic azeas of the City in order to make recommendations concerning prohibition of the location, erection and maintenance ofoff-premise signs in such azeas; WHEREAS, additional time is needed for the Scenic Preservation Commission to obtain citizen input and to complete its recommendations to the City Council concerning azeas of the City that the Commission recommends be designated as scenic, cultural, azchitectural or historic areas and methods for reducing the number of billboards in such areas, WHEREAS, in order to prevent the proliferation of outdoor advertising signs pending completion of the Scenic Preservation Commission's recommendations to the City Council, the City Council considers it necessary to continue a moratorium on the acceptance of applications for permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning for a period of 90 days, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT WORTH, TEXAS SECTION 1 Pursuant to the valid exercise of the police power granted the City under Chapter 216 of the Texas Local Government Code and the Charter of the City of Fort Worth, the acceptance of applications for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" Sign Subdistrict zoning shall be prohibited for a period of 90 days from the effective date of this ordinance, or until this ordinance is repealed, whichever comes first. SECTION 2 The Scenic Preservation Commission is directed to make a report to the City Council within 90 days from the effective date of this ordinance concerning the following issues. a) specific azeas in the City that the Committee recommends be designated as significant scenic, cultural, azchitectural or historic azeas as provided in Section 17A, Subsection E of the Comprehensive Zoning Ordinance with the justification for recommending designation of each azea, and b) specific methods for reducing the number of off-premise signs now located in such scenic, cultural, azchitectural and historic azeas. -2- SECTION 3 Nothing contained in this ordinance shall prohibit the issuance of permits for the erection or alteration of off-premise outdoor commercial advertising signs or action. on requests for "S" Sign Subdistrict zoning, in cases where an application for a sign permit or an application for "S" Sign Subdistrict zoning was filed with the City of Fort Worth before April 12, 1994 SECTION 4 'This ordinance shall be in full force and effect until such times as the City Council adopts an ordinance repealing same or until 90 days from the effective date of this ordinance, whichever occurs first. SECTION 5 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, such conflicting provisions of such ordinances and such Code are hereby suspended for the period during which this ordinance is in effect. 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 Five Hundred Dollars ($500 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -3- SECTION 7 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 jurisdiction, 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 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. -4- APPROVED AS TO FORM AND LEGALITY ~~~~~ City Attorney Date: ~-- ~ ~ 1 ~ ~ 9 y ADOPTED Lam--- ~ 3 ~ ~ ~ `~ y EFFECTIVE. ~3, l ~Il~~ -5- City of Fort Worth, Texas 9 Mayor and Council Comn~uunication 12/13/94 G10907 12BILL 1 of 2 svsJ~cT EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BILLBOARD PERMITS AND "S" SIGN SUBDISTRICT ZONING APPLICATIONS RECOMMENDATION It is recommended that the City Council decide whether to adopt the attached ordnance which would extend the current moratorium on the acceptance of permit applications for outdoor advertising signs and "S" Sign Subdistrict zoning applications for 180 days DISCUSSION On April 12, 1994, the City Council adopted Ordinance No 11537 directing the Zoning Commission to make recommendations concerning the control of off-premise outdoor advertising signs In addition, the ordinance prohibited the acceptance of permits for the erection or alteration of off-premise outdoor commercial advertising signs and the acceptance of applications for "S" sign subdistrict zoning for a period of 120 days A second 120 day moratorium was enacted on August 16, 1994 and will expire on December 14, 1 99'4 Pursuant to Section 17A(H) of the Zoning Ordinance, a Scenic Preservation Commission was authorized 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 wherein the location, erection and maintenance of off-premise signs are proh~b~ted The City Council appointed the five members of the Scenic Preservation Commission effective September 12, 1994 The Scenic Preservation Commission held its first meeting on September 26, 1994 With the assistance of City staff, the Scenic Preservation Commission has adopted preliminary criteria to be applied m recommending the designation of scenic, cultural, architectural and historic areas in which the erection of billboards would be prohibited and has identified certain areas of the City for further study The Scenic Preservation Commission and staff presented a report on the Commission's activities to the Inter and Intra Governmental Committee on December 6, 1994 The Enter and Intra Governmental Comittee requested that the issue of extension of the moratorium be presented to the City Council for consideration at its December 13, 1994 meeting The attached ordinance would extend the current city-wide moratorium on the acceptance of outdoor advertising sign permits and "S" Sign Subdistrict zoning applications for 180 days During such period the Scenic Preservation Comm~ss~on and staff would continue to study areas for possible designation and would seek public comment concerning the proposed criteria and areas proposed for designation -~1 Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 12/13/94 REFERENCE NUMBER G10907 LOG NAME 12BILL PAGE 2 of 2 SUBJECT EXTENSION OF MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR BILLBOARD PERMITS AND "S" SIGN SUBDISTRICT ZONING APPLICATIONS FISCAL INFORMATION/CERTIFICATION If this proposal were adopted it is anticipated that there might be some delay in the receipt of revenues from sign permit fees but that no significant permit fee revenues would be lost CB r Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8500 Originating Department Head: Wade Adkins 7623 (from) For Additional Information Contact: Marcella Olson 7631 ~~i Printed on recycled paper