The city council or development services director may authorize the consideration of a single premises with multiple tenants or a single premises of two or more adjacent lots or two or more lots that are separated only by right-of-way for the purpose of erecting on-premise signs, if a unified sign agreement is approved and executed in 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 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 adjacent and not at cross corners or connected by narrow strips 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 premises for a unified sign agreement, the following criteria shall be considered:
(1) 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:
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 in sign clutter as evidenced by a reduction of 50% in the number of signs that would be allowed in the absence of a unified sign agreement;
(3) No more than 50% of the advertised message area may be used by one tenant;
(4) A unified sign agreement shall be authorized only in an “E” or more intensive zoning district; and
(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 subsection (c). All new signs constructed pursuant to the agreement and all existing signs remaining on the property shall comply with this subsection (c). 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 in § 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 1,000 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 industrial developments over five acres provided that:
a. The entry signs must be located on a major 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 ten feet;
e. One feature is permitted per frontage; and
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 development services 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 in subsection (b)(1) above; and
c. Demonstrated compliance with subsection (b)(2) above, showing an overall reduction in sign clutter as evidenced by a reduction of 50% in the number of detached signs.
(2) A copy of the sign plan shall be attached to the unified sign agreement and may be amended only with the approval of the development services director, upon compliance with the requirements set out in subsections (c) and (d) above.
(e) Findings. The development services 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 development services 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 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 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 premises for the limited purpose of determining the number, size and location of on-premises signs permitted in accordance with this section;
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 liabilities arising out of or in 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 in accordance with subsection (g)(2)b. below;
g. Be approved by the city council or development services 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 lien holders, other than taxing entities that have either an interest in the lots covered by the agreement or an improvement on those properties.
(2) A unified sign agreement may be amended or terminated as follows:
a. The amendment or termination agreement shall be executed by all owners of the properties included in the unified sign agreement, and all lien holders, other than a taxing entity, that have an interest in land covered by the agreement or an improvement on such land;
b. A termination agreement shall be approved by the development services director 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 development services director; and
c. In considering whether to approve an amendment to a unified sign agreement, the development services director shall consider the criteria for approval of unified sign agreements set out in subsection (b) above.
(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 development services director 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 file-marked copies of the agreement are delivered to the development services director.
(Ord. 17872-11-2007, § 1, passed 11-6-2007; Ord. 18995-01-2010, § 1, passed 1-12-2010; Ord. 24030-02-2020, § 22, passed 2-4-2020)