HomeMy WebLinkAboutOrdinance 17960-01-2008ORDINANCE NUMBER 17960-01-2008
AN ORDINANCE AMENDING THE FORT WORTH SIGN CODE TO
COI7;RESPOND WITH AMENDMENTS TO THE COMPREHENSIVE ZONING
ORDINANCE APPROVED NOVEMBER 6, 2007 (ORD. NO. 17872-11-2007),
REGULATING PROVISIONS FOR SIZE, HEIGHT, SPACING, TIME FRAIVLES,
AND PERMITS FOR SIGNS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE;
PROVIDING THAT THIS ORDINANCE SIiALL BE CUMULATIVE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Section 29-1 of the Code of the City of Fort Worth (1986) is amended by amending
Sections A01.3, A02.6, C01.2, C02.1.1, C04.4, C04.4.1, C05.2, Table C05.2, CO5.5, C06.1,
ARTICLE II -DEFINITIONS, 3.02, 4.03.1, and 5.02.3 to read as follows:
A01.3. Scope.
(a) The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use, location, maintenance and removal of
every sign or any appurtenances connected or attached to such sign. The provisions shall
also apply to the sign structure.
(b) Covered. Signs and sign structures, unless exempted under (c) below, shall
comply with the provisions of this code, except that all signs and sign structures must comply
with the following provisions:
(1) A04.5 (Unsafe signs declared nuisances; abatement)
(2) 3.02 (Temporary signs: generally)
(3) 3.03 (Cloth signs)
(4) 4.01 (Encroachments in public right-of--way: requirements)
(5) 4.01.4 (Removal of encroachments constituting obstruction)
(6) 4.02.1 (Traffic location restrictions)
(7) 4.02.2 (Traffic location -prohibited signs)
(8) 4.03 (Prohibited signs)
(c) Not Covered. Except for compliance with (b) above, the following signs and
sign structures are exempt from the provisions of this code:
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(1) Signs on vehicles or trailers, provided, however, signs on vehicles or
trailers that are parked or located for the primary purpose of displaying the sign
are prohibited pursuant to Section 4.03.
(2) Temporary signs, as follows:
a. Temporary decorative flags.
b. Temporary signs erected in accordance with temporary banner policy
administered by the Transportation and Public Worlcs Department for
signs in the public right-of--way, large banner policy administered by
the Parks and Community Services Department for signs on park
property, policy governing erection of banners on Main Street, and
other temporary banner policies administered by City Departments or
their designees.
(3) Warning, security and directional signs for parking or vehicle access.
(4) Government signs, flags, insignia, legal notices or informational,
directional or traffic signs;
(5) Political signs referring to the candidates or issues involved in a public
election, subject to the following conditions:
a. The sign is located on private real property with the consent of the
property owner;
b. The sign does not exceed eight feet in height;
c. The sign may not have an effective area greater than 36 square feet;
d. The sign shall not be illuminated;
e. The sign shall not contain any moving elements.
(6) Other than electrical signs, signs in windows subject to the following:
a. Signs shall not exceed ten percent (10%) of the window area, and
b. The window area shall be calculated by multiplying the window width
times the height of the window, with a maximum calculated height of
15 feet.
(7) Other than electrical signs, all signs not visible from off the property.
(8) Nameplate and street address signs not exceeding one (1) square foot in
area.
(9) 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-
or two-family dwelling district or sixty (60) square feet in area and eight (8) feet
in height in any other district; provided, fiuther, however, on corner lots and
through lots, one such sign shall be allowed for each street on which the lot has
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frontage. The sign shall be removed within 30 days after the sale or occupancy of
the property.
(10) One non-illuminated estate or garage sale sign, not to exceed two square
feet in area, temporary in nature, advertising the sale of items on property for
which a garage sale permit has been obtained. The sign shall be removed within
24 hours after the sale ends.
(11) One construction sign, not exceeding four (4) square feet in area in any
one- or two-family dwelling district or forty (40) square feet in area and twelve
(12) feet in height in any other 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 such sign shall be allowed for each street on
which the lot has frontage. The sign shall be removed within 30 days after
completion of the project.
(12) "No dumping," "No Trespassing," and "No Solicitation" signs.
(13) Noncommercial residential signs. In addition to the other
noncommercial signs permitted by the Zoning Code, a maximum of four signs not
exceeding a total of 16 square feet in area may be erected on any lot used for
residential purposes and may contain noncommercial copy. No one sign shall
exceed eight square feet in area.
(14) Signs depicting or relating to a national, local or religious holiday or
season if installed, maintained or displayed for not more than 45 consecutive
days.
(15) Signs designed and used for display upon or within lighter than air
objects, such as balloons, or in conjunction with aircraft.
(16) Signs of not more than two (2) square feet with a ground clearance (total
height) of not more than four (4) feet within twenty (20) feet of a driveway or
other ingress/egress to private property which restricts parking on said property.
Corners of this type of sign shall be mitered or rounded corner signs.
(17) Signs erected by public utility or transportation organization operating
pursuant to a franchise agreement with the City, where such signs are erected or
displayed for the purpose of public instruction, traffic control and similar uses
incidental to the public interest.
A02.6 Zoning Code. The provisions of the Zoning Code shall also apply to signs
and sign structures. When provisions are duplicated in the Zoning Code and this code, staff
shall determine who is the appropriate interpretation official and board of appeals using the
following guidelines:
1. Provisions based upon location, size, appearance and content would normally fall
under the Zoning Code.
2. Provisions based upon permits, construction requirements and life safety issues would
normally fall under this code.
3. If no clear authority exists, the Zoning Board of Adjustment will be the default forum
since it offers a more public notification and input process.
001.2 Exempt work. A sign permit shall not be required for the following:
(1) Complete removal of an attached on-premises sign when the removal is
performed by the owner of the premises or the owner s agent (property manager). (A
third party company hired to remove the sign does not constitute "the owner's agent.")
(2) Changing ofnon-electrical advertising copy or message on marquee signs and
other signs specifically designed for the use of replaceable copy.
(3) Maintenance work when limited to the painting (including the retracing of
existing advertising copy), repair or replacement of nonstructural trim, and
replacement of nonstructural minor parts.
(4) Kiosk Signs erected in accordance with Section 6.414 of the Comprehensive
Zoning Ordinance.
(5) Subdivision directional signs, homebuilder signs and temporary public interest
signs erected in the extraterritorial jurisdiction in accordance with Section 5.02.2.
(6) Those otherwise in conformance with the provisions of the Comprehensive
Zoning Ordinance and molded, chiseled, etched or otherwise indented into walls or
structural members of buildings or structures.
002.1.1 Non-electrical signs. No permit shall be issued for the erection of a non-
electrical sign except to a duly licensed and registered sign erector as provided in Chapter
D of this code.
Exceptions: An owner may install the following non-electrical signs on his
own property without meeting the requirements of Chapter D, provided that:
(1) The non-electrical signs are no more than seven (7) feet to the highest
point above grade when mounted in or upon the ground.
(2) Anon-electrical sign containing no more than athree-quarter-inch thick
display panel may be mounted flat against a building provided any trim or portion
of the sign does not project more than four (4) inches from the building and
provided, further, that the sign shall be no larger than thirty-two (32) square feet.
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(3) Banners, when in compliance with BOTH of the following limitations:
3.1 Sixty (60) square feet or less in size; and,
3.2 Twenty (20) feet or less above grade, measured to the top of the
banner
(4) Such signs meet the requirements for zoning and structural design.
004.4 Expiration. Every permit issued by the Building Official under the provisions
of this code shall expire by limitation and become null and void if the work authorized by
such permit is not commenced within 90 days from the date of such permit, or if the work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 120 days. Before such work can be recommenced, a new permit
shall be first obtained and the fee therefor shall be one-half the amount required for a new
permit for such work, provided no changes have been made or will be made in the original
construction documents for such work, and provided further that such suspension or
abandonment has not exceeded one year. In order to renew action on a permit after
expiration, the permittee shall pay a new full permit fee.
If work does not commence within ninety (90) days of the date of such renewal
permit, or if work is suspended for a period of ninety (90) days, the renewal permit shall
become null and void and a new permit must be obtained.
004.4.1 'Temporary signs. Every permit issued for a temporary sign or banner
shall expire thirty (30) days from the date of issuance and such sign shall be removed
immediately by the permitee. All permits for temporary signs shall also be limited to the
time constraints as specified in Section 3.02.
005.2 Permit fees. The fee for each permit shall be as set forth in Table 005.2.
Any person obtaining a permit application required by this code shall, at the time of
filing, pay a permit and anon-refundable application fee as required by this section for the
installation, relocation or replacement of any of the listed items.
Exceptions: 1. Sign and sign structures owned and occupied by a Federal,
State, or County entity on property owned by the Federal, State, or County entity
shall be exempt from the permit fees. This exception does not apply to public school
districts or county community colleges.
2. Worlc by non-City personnel on property under the control of the City of
Fort Worth shall be exempt from the permit fees only if the work is for action under a
contract approved by City Council with notes in the contract packages stating the fee
is waived.
3. When permitted by this code, work by City personnel on property under
the control of the City of Fort Worth shall be exempt from the permit fees only if the
application is accompanied by a copy of the work order for the project.
Exemption or reduction of the permit fees under this section shall not waive the
requirements to pay a full investigation fee for doing work without a permit as required under
Section C05.3.
'T'able 005.2
Sign Pees
Administrative
1. CFPBOA Application Fee
(1st item per address) . $125.00
(Each additional item per address) 30.00
2. Record Change Fee (per record or permit) 22.00
Permit items
Application fee 33.00*
New signs =Application fee
Plus,
Display area at $21.34 or $0.20 per square foot for each display surface,
whichever is greater;
Plus,
Height above grade at:
Feet above grade Fee
1-20 $21.34
21-30 42.69
31-40 64.06
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41-50 85.40
51-60 106.77
Over 60 149.46
Plus,
Electrical at:
Amps Fee
1-40 $29.90
41-60 42.69
61-80 64.06
81-100 85.40
Over 100 128.12
Temporary Signs =Application fee
Plus, Display area at
Plus, Height above grade at
Banners = Application fee
$21.34
21.34
*When permits are required for allowable repairs or sign removal, the non-refundable application fee shall cover the required permit fee.
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005.5 I+'ee Refunds. The Director of Planning and Development or his designee may
authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
Where work for which a permit has been issued does not commence, and a request is made
for a cancellation of such permit within a 60-day time limit, the permit fee maybe returned,
upon request, minus an administration charge of five dollars ($5.00). After the 60 day time
limit, no fee shall be returned.
Exceptions: 1. When the investigation fee of Section C05.3 has been
collected, it shall not be refunded unless paid by another party.
2. No refund will be given for the application fee.
006.1 General. All work for which a permit is required by this code, except for
banners, shall be inspected by the building official. No portion of any sign, sign structure or
electrical system shall be concealed until inspected and approved. Neither the building
official nor the jurisdiction shall be liable for expense entailed in the removal or replacement
of material required to permit inspection. The holder of the permit shall be responsible for
the scheduling of such inspections. Electrical systems regulated by this code shall not be
connected to energy supply until authorized by the building official.
AR'T'ICLE II - I)EFINITI®NS
2.01 Scope. For the purpose of this code, certain words and terms shall be construed
as defined in this section and as defined elsewhere in this code; however, any such words and
terms not so specifically defined shall be construed in light of the comprehensive zoning
ordinance, the building code or as a trade term.
Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this code, have the meanings indicated in this code.
2.02 Interchangeability. Words used in the present tense include the future; words
in the masculine gender include the feminine and neuter; the singular number includes the
plural and the plural, the singular.
2.03 Terms defined in other codes. Where terms are not defined in this code and
are defined in other City adopted codes and ordinances, such terms shall have meanings
ascribed to them as in those codes.
2.04 Terms not defined. Where terms are not defined through the methods
authorized by this section, such terms shall have ordinarily accepted meanings such as the
context implies.
Advertised message area. That portion of a sign used or intended to be used to display
commercial copy, convey information or to attract attention to the subject matter of such
sign.
Approved plastics. Any thermoplastic, thermosetting or reinforced thermosetting plastic
material that conforms to combustibility classifications specified in the section applicable to
the application and plastic type. See Building Code Section 402.14.4 and Chapter 26.
.Building ®fficial. The officer or other designated authority charged with the
administration and enforcement of this code, or a duly authorized representative. For the
purpose of this code, the Code Official shall be the Building Official, and his regularly
authorized deputy shall be the Chief Electrical Inspector.
Commercial copy. A message or logo displayed on a sign which relates solely to the
economic interests of the advertiser and its audience; a message pertaining to price and
product advertising, goods and services.
Marquee. A permanent roofed structure which is attached to and supported by a building
and which projects over public property.
Marquee sign. A sign projecting over public property displayed as a part of a marquee.
Non-advertised message area. That portion of a sign not used or intended to be used to
display commercial copy, convey information or to attract attention to the subject matter of
such sign.
Noncombustible material. Materials tested in accordance with ASTM E 136; or materials
having a structural base of noncombustible material in accordance with ASTM E 136 with a
surfacing not more than 0.125 inch thick that has a flame spread index not greater than 50
when tested in accordance with ASTM E 84.
Nonstructural trim. The moldings, battens, caps, nailing strips, latticing or base and
walkways that are attached to a sign.
Person. Any person, firm, partnership, association, corporation, company or organization
of any kind.
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Premises. A single tract or platted lot. In addition, multiple adjacent tracts or platted lots
under common ownership will be deemed to be a single premises if they meet the following
requirements:
1. Lots or tracts are not separated by intervening streets, alleys, utility or railroad rights-
of-way or other interruption;
2. Property contains a single primary use; and
3. Property is not used for one- or two-family residential purposes.
Tracts or platted lots that are at cross corners or that are connected by narrow strips of
land too small to serve as emergency access easements shall not be considered to be
adjacent.
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, animated A sign employing visible moving parts or the changing of colors.
Sign, attached A sign which is affixed to, or supported by or painted on a building.
Sign, banner. A temporary banner is a sign which is constructed of pliable materials
such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to
wind and rain without significant deterioration.
Sign, changeable copy. A sign that is characterized by changeable copy, letters, symbols
or numerals that are not permanently axed to the structure, framing or background
allowing the letters, characters, or graphics to be modified from time to time manually or by
electronic or mechanical devices, such as but not limited to, a bulletin board, or electronic
message board. Changeable copy signs may not be used to display commercial messages
relating to products or services that are not offered on the premise.
Sign, detached A sign which is supported by structuxes, supports or foundations in or
upon the ground and independent of support from any building.
Sign, electrical. Any sign containing electrical wiring in or upon such sign or its sign
structure, but not including any sign illuminated by an exterior light source not attached to
such sign or sign structure.
Sign, flashing. A sign that contains an intermittent or sequential flashing light source.
Sign, freeway. A sign which is oriented to be viewed primarily from an adjacent non-
signalized freeway.
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Sign, illegal. Any sign erected, constructed, enlarged or altered which does not conform
to the provisions of the Comprehensive Zoning Ordinance, the Sign Code or other applicable
ordinances in effect at the time of erection, construction, enlargement or alteration.
Sign, illuminated: Any sign illuminated an any manner by an artificial light source.
Sign, kiosk. Free-standing sign structure located in or adjacent to public right-of--way
that features a City of Fort Worth identification panel at the top of each structure and displays
directional information to new homes and municipal facilities and parks.
Sign, monument. Any sign in which a majority of the structure's width is in contact with
the ground.
Sign, 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 current
provisions of the Comprehensive Zoning Ordinance, the Sign Code of the City of Fort
Worth, or other applicable ordinances.
Sign, off-premises. A sign which advertises businesses, commodities, activities, services
or persons which are not usually available or present upon the premises upon which such
sign is located, or which directs persons to any location not on the premises. Any sign with
more than ten percent (10%) of the sign devoted to such use shall be deemed to bean off-
premises sign.
Sign, on premises. A sign which advertises the business name, owner and/or
commodities, activities or services offered on the premises where such sign is located and
where at least ninety percent (90%) of the sign is devoted to the advertisement of such
business name, owner, commodities, activities or services.
Sign, pole. A detached sign which is supported by one or more poles in or upon the
ground.
Sign, portable. A sign whose principal supporting structure is intended by design, use or
construction, to be used by resting upon the ground for support and which may be easily
moved or relocated for reuse. Portable signs shall include but not be limited to signs
mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other non-
motorized mobile structure with or without wheels.
Sign, pylon. A freestanding sign, which has at least fifty percent (50%) of the sign
structure width in contact with the ground and in which the sign face is separated from
ground level by means of one or more supports such as poles, pole covers or columns.
Sign, revolving. A sign which revolves on, around, or about a structural support. A
structural support includes, but not limited to, a pole, building or other type of support.
Revolving parts within the sign shall not be construed as a revolving sign.
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Sign, roof. Any sign erected, constructed or maintained on the roof of a building.
Sign, running light or twinkle. A sign with low wattage outline lighting that runs or
twinldes.
Sign structure. Any structure which supports or is intended to support any sign.
Sign, temporary. Any sign intended to be displayed for a limited period of time only,
including by way of example but not of limitation, any sign, banner, pennant, valance or
advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other
light materials, with or without frames or wheels.
Sign, window. Any commercial copy sign located on the internal and or external surface
of a window or a glass door, or is located less than ten feet (10') from the window or a glass
door of any establishment for the purpose of being visible to and read from the outside of the
building.
3.02. General. All temporary signs not previously exempted under Section
A01.3(c), including portable signs, portable signs on trailers and banners, shall require a
permit and be subject to the following:
1. Signs shall be a maximum size of 60 square feet. Portable signs and portable signs
on trailers shall not exceed 7' in height.
2. Only one such sign shall be allowed per business, not to exceed two signs per
platted lot. On lots with more than 300 feet of street frontage, one sign shall be allowed per
business, not to exceed three signs.
3. No temporary signs shall be located within 100 feet of another temporary sign.
4. Temporary portable signs, portable signs on trailers and banners shall be allowed
to be displayed for 30 consecutive days, starting from the date of permit issuance, provided
only one sign or banner shall be permitted during the 30 day period. After the expiration date
of the permit, the sign or banner shall be immediately removed. There must be at least 30
days between the display of each sign or banner.
5. Temporary signs may remain in place only so long as they remain in a good state
of repair, not to exceed the time limits specified above.
4.03.1. Prohibited signs. The following signs are prohibited:
(a) Off-premise signs, unless provisions for such signs are contained within these
regulations and the Comprehensive Zoning Ordinance.
(b) Signs erected in violation of the Building Code, Electrical Code, Zoning Code,
this code or other applicable local regulations.
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(c) Signs erected in violation of federal or state law.
(d) Pole signs.
(e) Portable signs, except those allowed under Section 3.02.
(f) Animated signs, flashing signs, running message, twinkle or running light signs,
and revolving signs or any other sign that moves, except electronic changeable
copy signs when permitted by the Zoning Code.
For those electronic changeable copy signs, the message rate shall not change at a
rate faster than one message every 20 seconds and the interval between messages
shall be a minimum of one second.
(g) 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 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.
(h) Signs erected in or projecting into the public right-of--way except as permitted in
Section 4.01.
(i) Signs on vehicles or trailers that are parked or located for the primary purpose of
displaying the sign. It shall be prima facie evidence that the primary purpose of a
vehicle or trailer is to display a sign if the vehicle or trailer is panted on a site for
a continuous period exceeding 72 hours.
(j) "V" type signs with a face that protrudes from the opposite face at an interior
angle greater than 25 degrees. This restriction shall not be construed to prevent
oval, cylindrical or box type signs.
(k) Signs with sign structure larger than is reasonably necessary to support the sign.
5.02.3 Alteration of off-premises signs in extraterritorial jurisdiction. Off-
premises signs in the extraterritorial jurisdiction maybe altered only as follows:
1. Advertising copy, including letters, symbols, or other matter on the sign, maybe
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
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display faces that are the same size or smaller than the size initially registered in
accordance with Section 5.01, plus cut-out extensions that do not exceed twenty (20)
percent of the registered sign area. The temporary use of a sign with a display face that is
smaller than the size that was initially registered shall not bar the replacement of the
display face with a larger display face, provided that it shall not exceed the size reflected
in the initial registration. Notwithstanding anything herein to the contrary, vinyl, paint, or
pasted paper may be 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, maybe repaired, provided 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 this chapter and all other applicable ordinances; and
3. 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 (1) cleaning; (2) painting; (3) repair of parts with like
materials in a manner that does not alter the basic design or structure of the sign,
provided that the cost of all repairs performed during any consecutive three hundred
sixty-five-day period is not more than sixty (60) percent of the cost of erecting a new sign
of the same type at the same location; and (4) replacement of parts with like materials in
a manner that does not alter the basic design or structure of the sign, provided that the
cost of all replacement of parts performed during any consecutive three hundred sixty-
five-day period is not more than sixty (60) percent of the cost of erecting a new sign of
the same type at the same location. The 365-day period limitation shall not apply to a
sign that has been blown down or otherwise destroyed as described in paragraph 2 above.
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, except for increases in area permitted under
subsection (1) above; (4) adding illumination to anon-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 other than an alteration or
maintenance operation permitted hereunder, the sign may not be altered, reconstructed,
repaired or replaced, and the owner shall remove the sign or bring it into compliance with
this chapter and all other applicable ordinances.
4. 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 this chapter and all other applicable ordinances. The cost
of any accessory use to a sign, including without limitation a communication antenna and
support facilities, shall not be included in calculating the cost of erecting a new sign at
the same location pursuant to subsections (2) and (3) above.
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SECTI®N 2.
This article shall be cumulative of all provisions of ordinances of the Code of the City
of Fort Worth, Texas (1986), affecting Sign Code provisions, as amended, and shall not
repeal any of the provisions of such ordinances, except in those instances where provisions of
such ordinances are in direct conflict with the provisions of this ordinance.
SECTI®N 3.
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 decree of any 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 in this
ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence,
paragraph, or section.
SECTI®N 4.
Any person, firm, or corporation violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine
not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or
public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00)
for all other violations of this ordinance. Each day or any portion thereof during which any
violation of this ordinance occurs or continues shall be deemed a separate offense and upon
conviction thereof shall be punishable as herein provided.
SECTI®N 5.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the previous Sign Code, or any other ordinances affecting construction
and fire safety, 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
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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.
SECTI®N 6.
The Department of Platuling and Development of the City of Fort Worth, Texas, is
hereby authorized to publish this ordinance in pamphlet form for general distribution among
the public, and the operative provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the production thereof, as provided in
Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas.
SECTI®N 7.
The City Secretary of the City of Fort Worth, is hereby directed to publish the caption
and Sections 1, 4, 7 and 8 of this ordinance for two (2) days in the official newspaper of the
City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the
City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local Govermnent Code.
SECTI®N S.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
B ~..A~~,J,~,y, ~,~
Y~
Assistant City Attorney
Adopted: _January 29, 2008
Effective: ~ tr~__ _ "
ra-o6-o~
16
C®ty of Fo-~ ~/orth, l"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2008 -Ordinance No. 17960-01-2008
DATE: Tuesday, January 29, 2008
LOG NAME: 06SIGNCODE2007 REFERENCE NO.: **G-16027
SUBJECT:
Adopt an Ordinance Amending Sections of Chapter 29 "Signs," of the Code, of the City of Fort
Worth, to Provide Consistency with Sign Regulations in the Zoning Ordinance
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to amend Chapter 29, "Signs," of the
City Code, of the City of Fort Worth, to reflect the recent changes to sign regulations in the Zoning
Ordinance.
DISCUSSION:
On November 6, 2007, (ZC-07-188; Ordinance No. 17872-11-2007), the City Council approved
amendments to the sign provisions of the Zoning Ordinance. Sign regulations are shared between the
Zoning Ordinance and Chapter 29, "Signs" (Sign Code) as follows:
The Zoning Ordinance regulates the size, height, location, appearance and spacing of signs. The Sign
Code regulates the permitting, construction, structural design and electrical design of signs. For clarity,
some provisions are duplicated in both codes.
The primary purpose of the attached amendments is to ensure coordination between the Sign Code and
Zoning Ordinance. In addition, the amendments will clarify the division of authority between the two codes
for necessary interpretations and variances. Finally, the current code allows the issuance of permits to
registered sign erectors only. Since the new regulations require permits for banners, staff is proposing an
exception to this provision for banners that do not pose a hazard. The exception will allow businesses to
install their awn banners if the banner is 60 square feet. or smaller and if the banner is installed at a height
of 20 feet or less.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for CitX Manager's Office b~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
0
Fernando Costa (8001)
0
Albert Godwin (7825)
U
Logname: 06SIGNCODE2007 Page 1 of 1