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Home My WebLink AboutOrdinance 13657ORDINANCE NO. 13~5~ 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 AMENDING SECTION 17A, "SIGNS" CONCERNING PERMITTED ALTERATION OF NONCONFORMING SIGNS; 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 WHEREAS, on July 15, 1997, the City Council of the City of Fort Worth enacted Ordinance No 13092, which repealed Sections 17A and 17B of the Comprehensive Zoning Ordinance regulating off-premise signs and on-premise signs, respectively, and enacted a new Section 17A regulating all signs, WHEREAS, it is advisable to amend Section 17A to clarify the alterations that may be made to existing nonconforming signs, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Ordinance No 3011, the Comprehensive Zoning Ordinance of the City of Fort Worth, Section 17A, "Signs", Subsection F(1) concerning permitted alteration of nonconforming signs is hereby amended to read as follows 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) Advertising copy, including letters, symbols, or other matter on the sign, may be 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 display faces that are the same size or smaller than the size initially registered as of January 2, 1998, in accordance with Section 29-31 of the Sign Code, plus cut-out extensions that do not exceed 20% 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, c) A sign that has been blown down or otherwise destroyed by wind, fire or damages from any other source may be 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 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 (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 365-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 .pa'rts. 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 2 365-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 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 (b) above,~:(4) adding illumination to anon-illuminated sign, (5) adding additional display face(s), 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 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. 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 (c) and (d) SECTION 2. All provisions of Section 17A not expressly amended herein shall remain in full force and effect. SECTION 3. 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 provisionsnof such ordinances and such Code, in ,.~ which event conflicting provisions of such ordinances and such Code are hereby repealed 3 SECTION 4. It is hereby declared to be the intention of the City Council that the sections, « ~.ir. ,~,rl paragraphs, sentences, clauses and phrasesrof 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 SECTION 5. 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 6. 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 4 SECTION 7. 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 8. 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 ;~ ~>• ;~ APPROVED AS TO FORM AND LEGALITY ~~~~ ~ o Assistant City Attorney DATE N a `~ , t q. g ~ ADOPTED _ 1N o"Zy • ~ ~ 4 $ a, .~.. 5 +r