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HomeMy WebLinkAboutOrdinance 12971ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT WORTH, "SIGNS" BY ADDING SEC. 29-31, "REGISTRATION OF OFF-PREMISE SIGNS", REQUIRING THE REGISTRATION OF OFF-PREMISE SIGNS AND ESTABLISHING PROCEDURES FOR REGISTRATION; AMENDING SEC. 29-3, "DEFINITIONS", TO ADD A DEFINITION OF "OFF-PREMISE SIGN"; PROVIDING THAT THIS ORDINANCE WILL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, approximately 1,000 off-premise outdoor advertising signs are located in the City of Fort Worth, WHEREAS, the City of Fort Worth does not have complete records concerning the location, display area, height and other relevant information relating to such signs, WHEREAS, the City Council deems it advisable to require registration of such signs in order that the City of Fort Worth can compile and maintain records concerning off-premise outdoor advertising signs, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 The Sign Code of the City of Fort Worth, Chapter 29 of the Code of the City of Fort Worth, is amended by adding Section 29-31 to establish a procedure for registration of outdoor off-premise advertising signs, as follows Sec 29-31 Registration of Off-Premise Signs (a) The owner of any off-premise sign existing prior to the effective date of this ordinance shall register such sign with the Building Official and pay such registration fee as required in Table 29-31 A on or before October 1, 1997 -1- Exceptions Signs listed in Subsection J of Section 17A of the Comprehensive Zoning Ordinance and signs subject to a Unified Sign Agreement shall be exempt from the registration requirements (b) The owner of any off-premise sign installed after the effective date of this ordinance shall submit an application for registration simultaneously with the sign permit application This initial registration shall be exempt from the registration fee as required in Table 29-31 A. If the sign permit is approved and the sign constructed, this initial registration shall expire three (3) years after the date of permit application Exceptions Signs listed in Subsection J of Section 17A of the Comprehensive Zoning Ordinance and signs subject to a Unified Sign Agreement shall be exempt from the registration requirements (c) Registrations approved under paragraphs (a) and (b) above and all renewals shall expire after three (3) years. Before such registration or renewal expires the registration must be renewed and the registration fee must be paid in accordance with Table 29-31 A. It is the owner's responsibility to monitor expiration dates and to renew the registration in a timely manner Exception Based upon staffing and work loads, the Building Official .may adjust expiration dates to be less than three (3) years as long as the fees are appropriately prorated (d) Registration shall be applied for on forms provided by the Building Official The Building Official may require the filing of plans or other pertinent information when, in his opinion, such information is necessary to insure compliance with this section Whenever information on the form changes, including but not limited to names and addresses, a new registration form shall be filled out by the owner and submitted to the Building Official within 30 days, along with a change of record fee as required by Table 29-31 A. (e) A fate fee shall be assessed against the owners of off-premise signs who fail to register as required by this section The late fee as shown in Table 29-31 A shall be assessed if the registration fee is not received within ten (10) calendar days after the due date Failure to register or renew registration of a sign within thirty (30) calendar days after the due date in accordance with the provisions of this section shall constitute a violation of the Sign Code -2- TABLE 29-31A Si n'Re istration $75 00/3 ears Late Fee $50 00 Chan a of Record $10 00 SECTION 2. The Sign Code of the City of Fort Worth, Chapter 29 of the Code of the City of Fort Worth, Section 29-3, "Definitions", is amended by adding the definition of "Off- premise sign", as follows Off-premise sign. A sign which is a primary use and 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 (10) percent of the sign devoted to such use shall be deemed to be an off-premise sign SECTION 3. This ordinance shall be cumulative of al! 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 conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, -3- 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 Five Hundred Dollars ($500 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 the Code of the City of Fort Worth 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 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 -4- '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: Assistant City Attorney Date ~~-~~ \ ~ ~, 1 ~' Gj r7 ADOPTED >~ ~ ~ ? ~ ~ ~ EFFECTIVE ~ L ~ Off-Premise Sion Reoistration Ordinance -5- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUNJBER LOG NAME PAGE 04/15/97 G-11873 06BILLB 1 of 1 SUBJECT AMENDMENT TO CHAPTER 29 OF THE CODE OF THE CITY OF FORT WORTH TO ADD SECTION 29-31, "REGISTRATION OF OFF-PREMISE SIGNS" RECOMMENDATION It is recommended that the City Council approve the attached ordinance DISCUSSION The City Council requested that an ordinance requiring registration of off-premise signs be presented to Council for consideration The attached ordinance provides for this registration requirement The proposed ordinance would amend Chapter 29 ("Signs") of the City Code The ordinance requires that all off-premise signs be registered by the effective date of the ordinance, October 1, 1997 Although the ordinance prescribes a three year registration period, staff may adjust the registration period iwith the appropriate proration of registration fees) to accommodate the workload demands created by the registration process The proposed registration fee is set at $75 00 for each three year registration period The registration fee covers the estimated cost of staff time, overhead, and expenditures for the necessary computer hardware, software, and programming required to implement and administer this program FISCAL INFORMATION/CERTIFICATION The Department of Development will be responsible for the collection of all resources MG m Submitted for City Manager's FUND ACCOi3NT CENTER AMOUNT CITY SECRETARY Office by: (to) 4 APPRQY€Q Mike Groomer 6140 ~ CITY G4 U~ Originating Department Head: VCIC~ apR 1Jr ' 1 ~~ Ann Kovich 890 (from) For Additional Information to ~iW~ ~~ Contact: City f F ~+ Ann Kovich 8901 Printed on Recycled Paper ~~~/ v'C_~! .