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HomeMy WebLinkAboutOrdinance 7497 ORDINANCE NO. -7 t4,9-7 AN ORDINANCE AMENDING ARTICLE 3 "PERMITS, FEES AND INSPECTIONS" AND ARTICLE 5 "TEMPORARY SIGNS" OF APPENDIX G OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING SECTIONS 3.05, 3.09 AND 5.01 TO PROVIDE FOR CERTAIN REQUIREMENTS AND RESTRICTIONS OF TEMPORARY SIGNS AND TEMPORARY MOUNTED OR PLACED ON WHEELS; PROVIDING FOR AN INVESTIGATION FEE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 3.05 (e) of Appendix G of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall read and be: " (e) Every permit issued for a temporary sign mounted or placed on wheels shall expire sixty (60) days from the date of issuance and such sign shall be removed immediately by the permittee. No permit shall be issued for any temporary sign mounted or placed on wheels at the same location until after the expiration of thirty (30) days from the date of expiration of the last issued permit for such location. " SECTION 2. That Section 3.05 of Appendix G of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended by adding thereto a new subsection designated as Sub- section 3.05 (f) so that hereafter same shall read and be: " (f) The owner of any sign found to be in use prior to the payment of the inspection fee required in Section 3.04 of this code shall be charged an invest- igation fee of double the amount of the inspection fee in addition to any other fees required by this code." SECTION 3. That Section 3.05 (g) of Appendix G of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended by adding thereto a new subsection designated as Subsection 3.05 (g) so that hereafter same shall read and be: " (g) The building official may, in writing, suspend or revoke such permit issued under the provisions of this code whenever such permit is issued in error or issued on the basis of incorrect information supplied or issued where work is done in violation of any ordi- nance or regulation or any provision of this code. " SECTION 4. That Section 3.09 of Appendix G of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall read and be: "Section 3.09. No person shall be issued a permit for a temporary sign of rigid material unless the sign has permanently affixed a metal identification plate no smaller than 3"x5% The identification plate shall contain the identification number assigned to that sign and that number shall be identical to the identification number contained in the permit for such sign." SECTION 5. That Section 5.01 of Appendix G of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended so that hereafter same shall read and be: "Section 5.01. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, and such temporary signs shall neither exceed six (6) feet in height nor be permanently affixed in or upon the ground. All temporary signs shall be located in conformance with the provisions of the zoning ordinance. "Exception: Temporary signs mounted or placed on whe&ls may exceed twenty-four (24) square feet but shall not exceed a maximum of sixty (60) square feet or seven (7) feet in height above grade. -2- "Temporary signs may encroach into the public right- of-way or over public property, provided that this code and the policy of the city council of the City of Fort Worth concerning such encroachments are strictly followed. Such temporary signs so encroaching may remain in place only so long as same remain in a good state of repair, but not to exceed that period specifically estab- lished by the city council. All other temporary signs may remain in place only so long as same remain in a good state of repair, but not to exceed that period of time contemporaneous with the purpose for which such sign was so placed. "Exception: No temporary sign mounted or placed on wheels may be located in the public right-of-way or on privately owned property in violation of the Comprehensive Zoning Ordinance of the City of Fort Worth, as amended, (Ordinance No. 3011) . "All temporary signs mounted or placed on wheels and located in the public right-of-way or on privately owned property in violation of the Comprehensive Zoning Ordinance, as amended, and all signs that do not have affixed a metal identification plate as required in this appendix shall be prima facie evidence of violation of the provisions of this appendix." SECTION 6. That this Ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1964) , as amended, relative to temporary signs except in those instances where the provisions of this Ordinance are in direct conflict with the provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 7. That if any section, part of a section or provision of any section of this Ordinance shall be held to be void, inef- fective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this Ordinance, which -3- shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this Ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this Ordinance. SECTION 8. That any person, firm or corporation violating any of the provisions of this Ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00) , and each violation thereof shall constitute a separate offense. SECTION 9. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council: lfartiat44 14- 1977 Effective- -4- f"M UNE - City of Dort Worth, '"exas BAILIFF GRAHAM Mayor and Council Communication gANJERRE WMj0ffi=W,. DATE REFERENCE SUBJECT: PAGE NUMBER Amendment to Sign Ordinance 2/14/77 G-3328 i or 2 P Background The present Sign Ordinance regulates temporary (trailer) signs by limiting them to a maximum size of 24 square feet and a height of 6 feet above grade. Such regulations are considered to be overly restrictive to sign contractors engaged in the manufacturing and displaying of these signs. At the request of these contractors, a hearing was held by the Building Code Board of Appeals where the Board was asked for greater size and height limitations for the signs. After reviewing the above mentioned request with the Building Code Board of Appeals the accompanying revisions were taken under consideration and recommended for approval. The proposed revisions were presented to organizations and individuals in the sign industry for review and comment, The only objection was the seven foot height of trailer signs -- the industry had requested 7-1/2 foot signs but agreed that they could live with the 7-foot limitation. The proposed amendments to the Sign Ordinance are outlined -as follows: Revisions of Article 3.05(e) : The ordinance limits,.the tine that a temporary sign placed or mounted -on wheels may be displayed at any one location. At present there is no time limitation on such. Conse- quently, these signs remain in one .location.aver extended periods of time, long past the original .rental time -as per contract between sign contractor and his client. The revisions require that signs be removed after 60 days and a second permit for such sign at the same location shall not be issued until there has been a time lapse of 30 days. Investigation Fee 3.05(f) : An investigation fee of double the amouni of the required sign permit fee will be charged in the event that a sign is displayed on location without a sign permit. Sign Identification 3.09: Temporary signs shall be required to be identified by a metal tag, permanently affixed to each sign and by an identified permit number. Maximum Size and Height of Temporary Signs 5.01: The size of tempc- rary signs of rigid material will be increased to 60 square feet and the height to seven feet. Purpose The proposed amendments to the sign ordinance will . allow an advertising medium to operate that was inadvertently eliminated when the original ordinance was passed and will provide the sign inspector tools for the enforcement thereof. �r W DATE REFERENCE SUBJECT: PAGE NUMBER 2/14/77 G-3328 Amendment to Sign Ordinance 2 2 or Recommendation Approval is recommended of the amendments to the sign ordinance described above. GG:of SUBMITTED BY: DISPOSITIOP BY COUNCIL: P ESSED_�f APPROVED ❑ OTHER (DESCRIBE) (I/`///,/L'j^ ADOPTED ORDINANCE NO. �7 �� ITY SECRETARY DATE �J CITY MANAGER 0 / /