Fort Worth Zoning Ordinance

How to use this Ordinance

Article 4. Signs

6.400 Scope and Enforcement

This Article is enacted to provide uniform standards for the location, spacing, height, lighting, and other regulation of signs within the City of Fort Worth. This Article is adopted with specific reference to the regulations contained in the Fort Worth Sign Code, Chapter 29, City Code, and shall be enforced in conjunction with such code. The purpose of this Article is protect the health, safety, welfare, convenience and enjoyment of the general public and to protect the public from injury which may be caused by the unregulated construction of signs. It is the intent of these regulations to achieve the following:
COMMENTARY:
For sign requirements in the “AG”, “CF”, “MH”, ”A”, “AR”, “B”, “R1”, “R2”, and “ER” Districts, see the “Other Development Standards” section for the district.

Enhance the economic value of the landscape by avoiding visual clutter which is potentially harmful to property values and business opportunities;
Promote the safety of persons and property by providing that signs do not create a hazard, due to collapse, fire, collision, weather or decay;
Protect the safety and efficiency of the City’s transportation network by reducing the confusion or distraction to motorists and enhancing motorists’ ability to see pedestrians, obstacles, other vehicles and traffic signs;
Enhance the impression of the City which is conveyed to tourists and visitors;
Protect adjacent and nearby properties from the impact of lighting, size, height and location of signs;
Preserve, protect and enhance areas of historical, architectural, scenic and aesthetic value, regardless of whether they be cultural, natural or man-made; and
Encourage the removal of off-premises signs from designated scenic, cultural, architectural or historic districts or corridors.

6.401 Prohibited Signs

The following signs are expressly prohibited within the City of Fort Worth:

Off-premises signs, unless provisions for such signs are contained in these regulations.
Signs erected in violation of the City’s building, electrical or sign codes, or other applicable local regulations.
Signs erected in violation of federal or state law.
Portable signs, except those portable signs allowed under Section 0.
Animated signs, flashing signs, running light or twinkle signs, and revolving signs that revolve or rotate at a speed greater than ten revolutions per minute. Nothing contained herein shall be construed to prohibit time and temperature or other public interest electronic message signs which otherwise conform to the provisions of the Sign Code (Chapter 29 of the City Code).
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 located 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.
Signs erected in or projecting into the public right-of-way unless an encroachment agreement is executed in accordance with the requirements of the Sign Code (Chapter 29 of the City Code) and any other ordinances regulating encroachments.
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 parked on a site for a continuous period exceeding 72 hours.
“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 prohibit oval, cylindrical or box type signs.
Signs with sign structure larger than is reasonably necessary to support the sign.

6.402 Exempt Signs

General
The following signs are exempted from the requirements of this Section:
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 6.401 above.
2. Temporary signs, as follows:
  - Temporary decorative flags.
  - Temporary public interest signs, including portable signs and banners, announcing activities or other events of a public, civic, philanthropic or religious organization, subject to the following:
    1. Signs shall be a maximum size of 60 square feet.
    2. Only one such sign shall be allowed per platted lot per street frontage.
    3. No piggybacking of signs is allowed.
    4. No temporary sign shall be located within 100 feet of another temporary sign.
    5. Temporary signs shall be maintained for no more than three weeks.
    6. Temporary signs must meet all requirements of the Sign Code (Chapter 29 of the City Code).
  - Temporary on-premises signs, including portable signs, subject to the following:
    1. Signs shall be a maximum size of 60 square feet.
    2. Only one such sign shall be allowed per business, not to exceed two signs per platted lot; provided that on lots with more than 300 feet of street frontage, one sign shall be allowed per business, not to exceed three signs.
    3. No piggybacking of signs is allowed.
    4. No temporary sign shall be located within 100 feet of another temporary sign.
    5. Temporary signs shall be permitted for a maximum period of 60 days, and no additional temporary sign shall be permitted on the same lot for a period of 30 days after removal of the previous sign.
    6. Temporary signs must meet all requirements of the Sign Code (Chapter 29 of the City Code), including permitting requirements.
    7. Except for schools and places of worship, temporary signs are permitted only in the “E” District or less restrictive districts. Where a “PD” District is involved that includes a site plan, the location of any portable sign must be delineated on the required site plan.
  - Signs erected in accordance with temporary banner policy administered by the Department of Transportation and Public Works for signs in 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:
  - Signs not exceeding eight square feet in area may be erected in any zoning district.
  - Signs not exceeding 32 square feet in area may be erected only in “E”, “FR”, “F”, “G”, “I”, “J” and “K” Districts.
  - A sign shall be removed within 30 days after the general or run-off election to which the sign pertains.
6. Signs in windows.
7. All signs not visible from off the property.
8. Homebuilder signs, subject to the following:
  - Signs will be allowed between noon Friday and noon Monday only.
  - Signs shall not exceed 24 inches by 30 inches in size, nor shall they be installed more than four feet above grade.
  - Signs shall have a minimum separation of 25 feet and signs for any one advertiser must be at least 200 feet apart.
  - Signs shall not be located closer than 40 feet to street intersection.
  - Signs shall not be located in the public right-of-way.
  - Signs shall not be located more than three miles from the subject property.
  - Signs shall be rigid, two-dimensional displays that advertise only new one- and two-family properties for sale.
  - Written permission shall be obtained from owners of property where sign is located.
9. Subdivision directional signs, subject to the following:
  - Signs shall be a maximum size of 64 square feet.
  - Signs must be placed upon unimproved property with the permission of the owner.
  - Signs must be placed at least 100 feet from any other subdivision or developer signs.
  - Signs may be erected for a maximum of one year unless additional one-year approval is given by the Board of Adjustment. A maximum of two one-year approvals shall be permitted by the Board of Adjustment.
  - Signs shall meet all requirements of the Sign Code (Chapter 29 of the City Code), including permitting requirements.
10. On-premises development signs (signs identifying a developer’s property and sales office/model home sites), subject to the following:
  - Sales Office/Model Homes:
    1. Signs shall be a maximum size of 200 square feet.
    2. Signs shall be a maximum height of 25 feet.
    3. No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m.
    4. Only one sign per developer or builder is permitted.
    5. Sign must be located on the site of the model home.
    6. No sign may be erected for more than two years.
    7. Signs shall meet all requirements of the Sign Code (Chapter 29 of the City Code), including permitting requirements.
  - A developer’s sign with a maximum area of 200 square feet may be installed within a subdivision being developed, subject to the following regulations:
    1. Such signs shall be located at major intersections or upon properties reserved for commercial use within the subdivision.
    2. A developer’s sign may include the names of active builders who are building within the subdivision.
    3. Signs shall meet all requirements of the Sign Code (Chapter 29 of the City Code), including permitting requirements.
11. Nameplate and street address signs not exceeding one square foot in area.
12. One 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 square feet in area in any one- or two-family dwelling district or 60 square feet in area and eight feet in height in any other district; 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 the sale or occupancy of the property.
13. One construction sign, not exceeding four square feet in area in any one- or two-family dwelling district or 40 square feet in area and 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.
14. “No Dumping” and “No Trespassing” signs.
15. Noncommercial residential signs. In addition to the other noncommercial signs permitted by this article, 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.
16. 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.
17. All signs located within the boundaries of the Urban Design District-Downtown as set out in Section 4.1200 "Urban Design District Downtown".

6.403 Scenic Preservation Areas and Corridors

Scenic Preservation Areas Established
The following scenic preservation areas are hereby established based on their scenic, cultural, architectural or historic character. Generalized maps of these areas appear in Appendix B. For official maps of the districts, please contact the Planning and Development Department. (See ‘2.102 Scenic Preservation and Design Review Commission’ and ‘6.404 Regulations Governing On-Premises Signs’ B)
1. Fort Worth Stockyards National Register Historic District
2. Central Business District Scenic Preservation Area.
3. Cultural District Scenic Preservation Area.
4. Medical District Scenic Preservation Area.
5. Fairmount/Southside Historic District.
6. Elizabeth Boulevard National Register Historic District.
7. Circle Park Conservation District.
8. Grand Avenue National Register Historic District.
9. Masonic Widows Orphans Home Historic District.
10. Kenwood Court Historic District.
Scenic Preservation Area Boundaries
All scenic preservation area boundary lines shall be measured to the centerlines of all public or railroad rights-of-way bordering the areas.
Scenic Preservation Corridors Established
In addition to the areas established above, the following scenic preservation corridors are designated based on their scenic, cultural, architectural or historic character. (See ‘2.102 Scenic Preservation and Design Review Commission’ and ‘6.405 Nonconforming Signs’ B)
1. Arterial Scenic Corridors. Arterial scenic corridors shall be measured 200 feet from each side of the public right-of-way of the following roadways.
  - North Main Street from the Fort Worth Stockyards to the Central Business District.
  - Lancaster Avenue from Camp Bowie Boulevard to South Beach Street.
  - University Drive/North Side Drive/Oakhurst Scenic Drive from Granbury Road to Belknap Street.
  - Camp Bowie Boulevard from University Drive to I.H.-30 (West Freeway).
  - Hemphill Street from Allen Avenue south to Felix Street.
  - Jacksboro Highway from Lake Worth (100 year floodplain, 600 feet elevation above sea level) to the southerly end of Nine Mile Bridge Road and from 500 feet north of the Municipal Golf Course to North Side Drive.
  - Randol Mill Road/1st Street from Haltom Road east to Bridgewood Drive and from .25 miles east of Loop 820 East to John T. White Road.
  - East Berry Street from Mitchell Boulevard to Old Mansfield Highway.
  - South Hulen Street from Vickery Boulevard south to Loop 820 South.
  - Bryant Irvin Road from Vickery Boulevard south to Oakmont Boulevard;
  - Angle Avenue/Marine Creek Parkway from Loop 820 West (Jim Wright Freeway) to Northwest 28th Street.
  - Evans Avenue from Terrell Avenue to East Berry Street.
  - Horne Street from I.H.-30 to Vickery Boulevard.
  - Amanda Avenue from Ramey Street to East Rosedale Street.
  - South Riverside Drive from I.H.-30 (East Freeway) to Wichita Street.
  - 4th Street from Central Business District to South Riverside Drive.
  - East and West Rosedale from University Drive to Loop 820 East.
  - Seminary Drive from I.H.-35W (South Freeway) to Wichita Street.
  - Vickery Boulevard from I.H.-35W (South Freeway) to South Ayers Avenue.
  - White Settlement Road from University Drive to the city limits of Westworth Village.
  - Railtran Corridor from the east Fort Worth city limit line west to the Central Business District
2. Freeway Scenic Corridors. Freeway scenic corridors shall be measured 660 feet from each side of the public right-of-way of the following roadways.
  - I.H.-35W (North Freeway) from 28th Street exit south to the centerline of the Trinity River.
  - I.H.-30 (East Freeway) from Central Business District east to Loop 820 East.
  - U.S. Hwy. 287 (Martin Luther King Freeway) from Central Business District southeast to Village Creek Road.
  - Loop 820 West (Jim Wright Freeway) from .25 miles north to .25 miles south of Lake Worth (100 year floodplain, 600 feet elevation above sea level).
  - Loop 820 East from .25 miles north of the first bridge abutment north of Mosier Lake to the southerly boundary of the 100 year floodplain of the West Fork of the Trinity River (approximately 150 feet).
3. Future Scenic Corridors
  - It is the intent of this Section that the future alignment of S.H. 121 will be designated as a scenic corridor upon determination of the final alignment of such highway, after notice and hearing in accordance with Section 2.102. Such scenic corridor shall be 660 feet wide from each side of the public right-of-way.
  - It is the intent of this Section that in the event Jacksboro Highway (U.S. Hwy. 199) is widened, the width of the scenic corridors along Jacksboro Highway shall be increased to 660 feet wide from each side of the final alignment of the public right-of-way, after notice and hearing in accordance with Section 2.102.
Scenic Preservation Corridor Boundaries
When a corridor designated under this Section ends at an intersection with a right-of-way that is not designated as part of a corridor, the corridor shall terminate at the centerline of the non-designated right-of-way.

6.404 Regulations Governing On-Premises Signs

Measurement of Detached Signs
The sign area for a detached on-premise sign shall be the area included within vertical and horizontal line projections of the furthermost points of any logos, letters, or other symbols, composed of the total area of the message, and any border, trim or surface upon which the message is displayed. One sign area will be calculated for a detached sign no matter how the message is displayed. The sign structure shall not be included in the sign area unless there is a sign displayed thereon.

Box Sign (Popup full image)

Cylinder Sign (Popup full image)

Multi-Panel Flat Sign (Popup full image)

Multi-Surface Sign (Popup full image)
Measurement of Attached Signs
The sign area for an attached on-premise sign shall be the area located within the vertical and horizontal line projection of any logos, letters or other symbols intended to be read together, composed of the total area of the message and any border, trim or surface upon which the message is displayed. There may be several sign areas on the wall of a building depending upon how a sign is displayed.

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Signs in “AG”, “CF”, “MH” and Residential Districts
On-premises signs in agricultural, community facilities, manufactured housing, and residential districts are governed by the district regulations set out in the respective district regulations in Chapter 4.
Detached Signs in Commercial and Industrial Districts
Unless exempted under the provisions of Section 6.402, the following regulations shall apply to all detached on-premises signs erected in districts “E” through “K”, except for signs for large retail stores subject to Section 5.134A.8 a.D.3, and for signs in mixed-use districts which are additionally subject to Section 4.902.D.3, Section 4.903.D.3, and Section 4.1002.D.3.
1. One detached sign may be erected on each platted lot or on property which is subject to a Unified Sign Agreement executed in accordance with 6.404F. Additional signs may be erected under the following circumstances:
  - On corner lots and through lots and on corner tracts and through tracts that are subject to a Unified Sign Agreement, one sign shall be allowed on each street on which the property has frontage;
  - On lots having more than 100 feet of street frontage, more than one detached sign may be installed provided that such signs are at least 100 feet apart and the total area of all signs does not exceed the maximum allowable sign area set forth in Paragraph 2 below; and
  - On property subject to a Unified Sign Agreement having more than 300 feet of street frontage, more than one detached sign may be installed provided that such signs are at least 300 feet apart and the total area of all signs does not exceed the maximum allowable sign area set forth in Paragraph 2 below.
2. The maximum allowable sign area shall be one square foot per linear foot of street frontage, not to exceed 672 square feet. Provided, however, when the height is increased as permitted in Paragraph 3 below, the sign area may be increased by one percent for each foot of additional height not to exceed a ten percent increase in sign area.
3. The maximum height of a detached sign shall be limited to 25 feet; provided, however, that the height may be increased one foot for every foot that the sign is set back from all side property lines, to a maximum height of 60 feet or the permitted height of the zoning district, whichever is less.
4. No sign with a ground clearance of less than 11 feet may be erected within 20 feet of a driveway or other ingress/egress to the property; nor shall any such sign be erected within any corner clip or public open space easement (P.O.S.E.). No sign pole shall be greater than ten inches in diameter within such a corner clip or P.O.S.E. (see ‘5.305 Fences’).
Attached Signs in Commercial and Industrial Districts.
Unless exempted under the provisions of Section 6.402, the following regulations shall apply to all attached on-premises signs erected in districts “E” Neighborhood Commercial through “K” Heavy Industrial except for signs for large retail stores subject to Section 5.134A.7:
1. The following size limits apply to buildings occupied by a single tenant and to individual tenant spaces in buildings with multiple tenants. One or more attached signs may be erected on each façade of the occupied space. The signs may have a total area of 15% of the area of the façade, to which the signs are attached, with a maximum aggregate area of 500 square feet per façade. Doors and windows shall be included in calculation of façade area.
2. Signs shall not project more than three feet from the building or canopy. No sign projection shall encroach over public property except as permitted by the Sign Code (Chapter 29 of the City Code).
3. Signs may be installed upon the roof subject to the following conditions:
  - The sign area shall not exceed 15 percent of the area of the closest façade of the building on which the sign is placed, with a maximum aggregate area of 500 square feet.
  - The sign shall not extend more than four feet above the roof or top of the parapet wall at the roof, whichever is higher.
  - All roof signs placed upon a building or buildings on one platted lot shall be similar in size, shape, area and design.
Unified Sign Agreements
1. Two or more adjacent lots or two or more lots that are separated only by right-of-way will be considered to be a single premises for the purpose of erecting on-premises signs, if a Unified Sign Agreement is approved by the City Council and executed in compliance with this Section.
2. Lots Eligible for Unified Sign Agreement. 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.
3. Criteria for Approval. In considering whether to approve consideration of multiple lots as a single premises, the City Council shall consider the following criteria:
  - 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:
    1. common name identification to the public;
    2. shared parking provided throughout the development;
    3. sign structures utilized for shared signage, including identification of the common name of the development;
    4. physical layout of the development results in a cohesive development; and
    5. the area should not be the combination of disparate premises joined solely for the purpose of initiating a Unified Sign Agreement.
  - The signage proposed pursuant to a Unified Sign Agreement must demonstrate an overall reduction in sign clutter as evidenced by a reduction in the number, size, and height of detached signs that would be allowed in the absence of a Unified Sign Agreement.
  - A Unified Sign Agreement shall be authorized only in an “E” or less restrictive zoning district.
  - Property can be subject to only one Unified Sign Agreement.
4. Allowed Signage.
  - Upon approval of a Unified Sign Agreement, all existing signs shall be removed or brought into compliance with this paragraph. All new signs constructed pursuant to the agreement and all existing signs remaining on the property shall comply with this paragraph. Existing signs shall not be considered to be nonconforming as a result of erection of signs in accordance with the agreement.
  - Within the area of the Unified Sign Agreement, spacing between detached signs shall be a minimum of 300 feet.
  - The allowed size and height of signs shall be calculated as provided for in Paragraph D above, 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.
5. Sign Plan Required.
  - A sign plan covering the entire area included in the Unified Sign Agreement shall be submitted to the City Council for approval. The sign plan shall contain the following information:
    1. The location, size, and height of all existing and proposed signs;
    2. Description of development within the area of the Unified Sign Agreement demonstrating the attributes of a unified commercial or industrial development as described in Paragraph F.3.a; and
    3. Demonstrated compliance with Paragraph F.3.b showing an overall reduction in sign clutter as evidenced by a reduction in the number, size and height of detached signs.
  - A copy of the sign plan shall be attached to the Unified Sign Agreement and may be amended only with the approval of the City Council, upon compliance with the requirements set out in Paragraphs F.4 and F.5.
6. Notice of Decision. Upon review of a Unified Sign Agreement or an amendment of a Unified Sign Agreement by the Planning and Development Director, 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 agreement by the City Council.
7. Execution, Amendment, Termination and Filing of Unified Sign Agreements.
  - The Unified Sign Agreement shall:
    1. Contain the names and addresses of the owners and the legal descriptions of all properties within the Unified Sign Agreement;
    2. 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;
    3. State that the agreement constitutes a covenant running with the land with respect to all properties subject to the agreement;
    4. 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;
    5. State that the agreement will be governed by the laws of the state of Texas;
    6. State that the agreement may be amended or terminated only in accordance with Paragraph b. below;
    7. Be approved by the City Council and approved as to form by the City Attorney;
    8. Be signed by all owners of the properties included in the agreement; and
    9. 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. A Unified Sign Agreement may be amended or terminated as follows:
    10. 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.
    11. A termination agreement shall be approved by the City Council 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 City Council.
    12. In considering whether to approve an amendment to a Unified Sign Agreement, the City Council shall consider the criteria for approval of Unified Sign Agreements set out in Paragraph F.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 City Council 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 Planning and Development Director.

6.405 Nonconforming Signs

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 (Chapter 29 of the City Code):
1. The sign may be upgraded in accordance with Section 6.405B below;
2. 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 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;
3. A sign which 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 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 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 Zoning Ordinance, the Sign Code (Chapter 29 of the City Code) and all other applicable ordinances; and
4. 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 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 365-day period is not more than 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 Section 6.405A.2; (4) adding illumination to a non-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 Ordinance, the Sign Code (Chapter 29 of the City Code) and all other applicable ordinances.
5. 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 (Chapter 29 of the City 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 Paragraphs 3. and 4. above.
Upgrading Existing Off-Premises Signs
In order to encourage the removal of off-premises signs from designated scenic areas and corridors, an owner may upgrade an existing off-premises sign, with City Council approval, under the conditions set out below.
1. Definition of “Upgrading”. For purposes of this section, “upgrading” means making any change to an existing off-premises sign, other than repairs and maintenance operations permitted pursuant to Paragraph A. above, provided, however, signs erected on buildings and multiple signs located within 25 feet of each other on the same structure or separate structures shall not be upgraded. Upgrading of off-premises signs shall be permitted only in areas that have not been designated as a scenic area or corridor pursuant to Section 6.403. Upgrading of off-premises signs in designated scenic areas is prohibited.
2. Calculation of Credits for Removal of Off-Premises Signs.
  - Any person wishing to upgrade an off-premises sign must remove four off-premises signs from designated scenic areas or corridors and must have Square Footage Credits, as defined below, equal to the size of the sign to be upgraded. No credit will be given for signs that have not been registered in accordance with Section 29-31 of the Sign Code (Chapter 29 of the City Code).
  - The Development Department shall create an account for each sign owner showing the date of removal and the location and dimensions of the signs removed. The account shall reflect two types of sign credits, as follows:
    1. one-fourth credit for each off-premises sign that is removed (“Structure Credit”); and
    2. one-fourth credit for each square foot of display area that is removed, excluding cutout extensions (“Square Footage Credit”). The number of Square Footage Credits awarded shall be equal to the display area of the sign, and shall not be increased if copy is displayed on more than one side of the sign.
  - Any sign credits not used within five years of their creation shall expire.
  - A sign owner may transfer sign credits; provided, however, the transfer does not extend the five-year term of such credits.
3. Use of Sign Credits for Upgrading Off-Premises Sign. A permit to upgrade an off-premises sign shall be issued only if the applicant has at least one Structure Credit and sufficient Square Footage Credits. When the permit to upgrade the existing sign is issued, the Development Department shall deduct from the sign owner’s account:
  - One Structure Credit for each sign to be upgraded;
  - and Square Footage Credits equal to the square footage of display area of the sign to be upgraded.
    
    Example: One 672 square foot sign (with advertising copy on one side only or on both sides) can be upgraded by using one Structure Credit and 672 Square Footage Credits. In order to earn one Structure Credit and 672 Square Footage Credits, it would be necessary to remove four off-premises signs with display areas totaling 2688 square feet.
4. Procedure for Removal of Off-Premises Signs. Any person wishing to obtain sign credits for removal of an off-premises sign shall submit written notice of intent to remove the sign to the Development Department, before taking any action to remove the sign. The notice shall be submitted on a form provided by the Development Department. No sign credits shall be awarded for any off-premises sign that is removed before the notice of intent is submitted to and accepted by the Development Department, except as set forth below. Eligibility for credit shall be determined as follows:
  - Illegal Signs. No sign credits will be awarded for removal of illegal off-premises signs.
  - Nonconforming Signs That Have Been Illegally Altered. No sign credits will be awarded for illegally altered nonconforming signs that are required to be removed in accordance with Paragraph A.
  - Signs Removed Pursuant to Eminent Domain. No sign credits will be awarded for removal of signs for which compensation is paid pursuant to eminent domain proceedings. Removal of Damaged Nonconforming Signs. No sign credits will be awarded for the removal of a nonconforming sign that is blown down or otherwise destroyed by wind, fire or damages from any other source, where the cost of repairing the sign is more than 60 percent of the cost of erecting a new sign of the same type at the same location. If the damaged nonconforming sign can be repaired at a cost of 60 percent or less of the cost of erecting a new sign, the owner may elect to repair the sign. In the alternative, the owner may remove the sign and receive sign credits for the removal. The owner shall submit a notice of intent to the Development Department before removing the sign, unless the immediate removal of the damaged sign is required because it presents a safety hazard.
5. No Increase in Area or Height. An off-premises sign with a display area exceeding 672 square feet that is upgraded in accordance with this section shall be reduced to no larger than 672 square feet. The display area of a sign that is 672 square feet or less in size may not be increased as a result of the upgrade. No height increase is allowed for any upgraded sign.
6. Zoning Commission Recommendation and City Council Approval Required. The Zoning Commission shall conduct a public hearing on the upgrade request and shall submit its recommendation to the City Council. No off-premises sign may be upgraded without City Council approval after a public hearing. Notice of the Zoning Commission and City Council hearings shall be given in accordance with Section 3.502.
7. No Violation of Federal or State Law. Nothing herein shall permit a nonconforming sign to be upgraded in violation of any federal or state law.

6.406 Noncommercial Sign Copy

Notwithstanding anything contained herein to the contrary, any sign authorized under this Article to contain commercial copy may contain noncommercial copy in lieu of commercial copy.

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