(a) In general.
(1) The notification signs required in this section are intended to supplement state law and other Dallas Development Code notice requirements.
(2) The city plan commission, landmark commission, board of adjustment, or city council shall determine if an applicant has complied with the notification sign posting requirements in this section.
(b) Signs required to be obtained from the city. An applicant is responsible for obtaining the required number of notification signs and posting them on the property that is the subject of the application. Notification signs must be obtained from the director or the building official. An application will not be processed until the fee for the signs has been paid. For purposes of this section, an applicant is one who makes a request:
(1) for a change in a zoning classification or boundary;
(2) to the board of adjustment;
(3) for a certificate of appropriateness for a sign that is to be located in a special provision sign district and is either a detached sign or an attached sign that has more than 100 square feet of effective area; or
(4) to the landmark commission for a certificate for demolition or removal.
(c) Number of signs required. A minimum of one notification sign is required for every 500 feet or less of street frontage, with one additional notification sign required for each additional 500 feet or less of street frontage. For tracts without street frontage, a minimum of one notification sign is required for every five acres or less, with one additional notification sign required for each additional five acres or less. A maximum of five notification signs are required.
(d) Posting of signs.
(1) Except as provided in Subsection 51A-1.106(e), the applicant shall post the required number of notification signs on the property within 14 days after an application is filed.
(2) The signs must remain posted until a final decision is made on the application.
(3) For tracts with street frontage, signs must be evenly spaced over the length of every street frontage, posted at a prominent location adjacent to a public street, and be easily visible from the street. For tracts without street frontage, signs must be evenly posted in prominent locations most visible to the public.
(4) An applicant has complied with the required posting of notification signs if any lost, stolen, or vandalized notification signs are timely replaced, and the applicant has made good faith efforts to keep the notification signs posted in accordance with this section.
(e) Failure to comply.
(1) If the city plan commission, landmark commission, or board of adjustment determines that the applicant has failed to comply with the provisions of this section, it shall take no action on the application other than to postpone the public hearing for at least four weeks or deny the applicant’s request, with or without prejudice.
(2) If the hearing is postponed, the required notification signs must be posted within 24 hours after the case is postponed and comply with all other requirements of this section.
(f) Illegal removal of signs.
(1) A person commits an offense if he intentionally or knowingly removes a notification sign that has been posted pursuant to this section.
(2) It is a defense to prosecution under this subsection that the sign was no longer required to be posted pursuant to this section at the time of its removal.
(g) Posting of signs by the director.
(1) When the city council or city plan commission authorizes a hearing on a change in zoning district classification or boundary pursuant to Paragraph 51A-4.701(a)(1), the city council, city plan commission, or landmark commission authorizes a public hearing to establish or amend a historic overlay district pursuant to Paragraph 51A-4.501(c)(2), the board of adjustment authorizes a hearing pursuant to Paragraph 51A-4.703(a)(1), or the city council or an applicant requests that the board of adjustment consider establishing a compliance date for a nonconforming use pursuant to Subparagraph 51A-4.704(a)(1), the director shall post the required number of notification signs on the subject property at least 30 days before the first public hearing unless the body authorizing a hearing approves a shorter time period for posting the required notification signs at the time of authorization.
(2) If the property owner denies permission for the post of the signs, the signs may be posted on the nearest public right-of-way.
(3) Illegal removal of a notification sign that has been posted pursuant to this subsection does not require postponement or denial under Subsection 51A-1.106(e). (Ord. Nos. 19455; 19872; 19963; 20599; 20926; 20949; 21044; 22389; 24542; 26287; 26577; 27184; 29626)