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CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
VOLUME II
VOLUME III
CHAPTER 51A DALLAS DEVELOPMENT CODE: ORDINANCE NO. 19455, AS AMENDED
ARTICLE I. GENERAL PROVISIONS.
ARTICLE II. INTERPRETATIONS AND DEFINITIONS.
ARTICLE III. DECISIONMAKING AND ADMINISTRATIVE BODIES.
ARTICLE IV. ZONING REGULATIONS.
ARTICLE V. FLOODPLAIN AND ESCARPMENT ZONE REGULATIONS.
ARTICLE VI. ENVIRONMENTAL PERFORMANCE STANDARDS.
ARTICLE VII. SIGN REGULATIONS.
Division 51A-7.100. Purposes and Definitions.
Division 51A-7.200. Provisions For All Zoning Districts.
Division 51A-7.300. Provisions For Business Zoning Districts.
Division 51A-7.400. Provisions for Non-Business Zoning Districts.
Division 51A-7.500. Special Provision Sign Districts.
Division 51A-7.600. Permit Procedures.
Division 51A-7.700. Non-Conformance and Enforcement Procedures.
Division 51A-7.800. Procedure For Changes and Amendments.
Division 51A-7.900. Downtown Special Provision Sign District.
SPECIAL PROVISIONS FOR SIGNS WITHIN THE GENERAL CBD, MAIN STREET, CONVENTION CENTER, RETAIL, DISCOVERY, AND CHASE TOWER SUBDISTRICTS.
Division 51A-7.1000. West End Historic Sign District.
Division 51A-7.1100. Provisions for Uptown Sign District.
Division 51A-7.1200. Provisions for Arts District Sign District.
Division 51A-7.1300. Provisions for Deep Ellum/Near East Side Sign District.
Division 51A-7.1400. Jefferson Boulevard Sign District.
Division 51A-7.1500. Provisions for McKinney Avenue Sign District.
Division 51A-7.1600. Farmers Market Sign District.
Division 51A-7.1700. Provisions for Victory Sign District.
Division 51A-7.1800. Provisions for Southside Entertainment Sign District.
Division 51A-7.1900. Provisions for West Village Sign District.
Division 51A-7.2000. Provisions for the West Commerce Street/Fort Worth Avenue Sign District.
Division 51A-7.2100. Provisions for the Arts District Extension Area Sign District.
Division 51A-7.2200. Parkland Hospital Sign District.
Division 51A-7.2300. Southwestern Medical District Sign District.
ARTICLE VIII. PLAT REGULATIONS.
ARTICLE IX. THOROUGHFARES.
ARTICLE X. LANDSCAPE AND TREE CONSERVATION REGULATIONS.
ARTICLE XI. HISTORIC PRESERVATION TAX EXEMPTIONS AND ECONOMIC DEVELOPMENT INCENTIVES FOR HISTORIC PROPERTIES.
ARTICLE XII. GAS DRILLING AND PRODUCTION.
ARTICLE XIII. FORM DISTRICTS.
CHAPTER 51 FORMER DALLAS DEVELOPMENT CODE
CODE COMPARATIVE TABLE
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SEC. 51A-7.302.   RESERVED.
(Ord. 25786)
SEC. 51A-7.303.   GENERAL PROVISIONS APPLICABLE TO SIGNS IN BUSINESS ZONING DISTRICTS.
   (a)   No illuminated sign which has an effective area of 400 square feet or less shall have a luminance greater than 300 footlamberts, nor shall any such sign have a luminance greater than 300 footlamberts for any portion of the sign within a circle two feet in diameter. No illuminated sign which has an effective area greater than 400 square feet shall have a luminance greater than 200 footlamberts, nor shall any such sign have a luminance greater than 200 footlamberts for any portion of the sign within a circle of two feet in diameter. The restrictions of luminance in this section shall be determined from any other premise or from any public right-of-way other than an alley.
   (b)   No illuminated sign nor any illuminated element of any sign, may turn on or off, or change its brightness, if:
      (1)   the change of illumination produces an apparent motion of the visual image, including but not limited to illusion of moving objects, moving patterns or bands of light, expanding or contracting shapes, rotation or any similar effect of animation;
      (2)   the change of message or picture occurs more often than once each three seconds for those portions of a sign which convey time or temperature, or once each 20 seconds for all other portions of a sign; or
      (3)   a portion of the sign, within a circle of two feet in diameter, has a luminance greater than 200 footlamberts when all elements of the sign are fully and steadily illuminated.
   (c)   No sign or any part of any sign may move or rotate at a rate more often than once each 10 seconds, or change its message at a rate more often than once each 20 seconds, with the exception of wind devices, the motion of which is not restricted. No sign may move, rotate or change its message at any rate if any of its elements or any illuminated portion within a two-foot circle has a luminance greater than 200 footlamberts.
   (d)   Subdivision signs are subject to the following restrictions:
      (1)   Subdivision signs are exempt from compliance with the provisions of Section 51A-7.304, “Detached Signs,” of this article.
      (2)   The maximum effective area of each subdivision sign may not exceed 40 square feet.
      (3)   The maximum number of subdivision signs permitted is two signs per street entrance into the business park.
      (4)   Subdivision signs may not project more than three inches from the surface of the structure.
      (5)   Subdivision signs may not be internally illuminated.
      (6)   The highest part of a subdivision sign may not exceed six feet in height.
      (7)   Subdivision signs must be landscape signs or monument signs. For purposes of this subsection, “landscape sign” means a sign that is part of a single landscape design that creates a base for the sign in conjunction with a retaining wall or an open space created with the use of water or planting material, and “monument sign” means a detached sign applied directly onto a ground-level support structure (instead of a pole support) with no separation between the sign and the ground.
      (8)   Subdivision signs may be located within the public right-of-way if a license for use of the public right-of-way is obtained pursuant to the requirements of the Dallas City Code.
      (9)   Subdivision signs may only contain the name of the business park.
      (10)   The application for a subdivision sign permit must be supported by the owner of property abutting the proposed subdivision sign, if any, and two-thirds of the property owners within 300 feet of the proposed subdivision sign. (Ord. Nos. 19455; 19704; 20359; 20495; 20927; 24232; 25455)
SEC. 51A-7.304.   DETACHED SIGNS.
   Detached signs are permitted in business zoning districts as follows:
   (a)   Definitions. In this section:
      (1)   EFFECTIVE-AREA-TO-HEIGHT RATIO means the ratio of the effective area of a sign to its height. For example, a sign with an effective area of 50 square feet and a height of 25 feet has an effective-area-to-height ratio of 2:1.
      (2)   MONUMENT SIGN means a detached sign applied directly onto a ground-level support structure (instead of a pole support) with no separation between the sign and the ground, or mounted on a fence.
      (3)   MULTI-TENANT SIGN means a detached sign that advertises two or more businesses on a single premise.
      (4)   NON-MONUMENT SIGN means a detached sign that is not a monument sign.
      (5)   SETBACK-TO-HEIGHT SLOPE is a plane projected upward and inward from a point of beginning located at the property line 7.5 feet above a level plane going through the nearest point of the vehicular traffic surface of the adjacent improved public right-of-way other than an alley and extending infinitely, as illustrated below. A .5:1 setback-to-height slope moves one-half foot away from the point of beginning for every one foot the slope rises, resulting in a 63.4349 degree slope. A 1:1 setback-to-height slope moves one foot away from the point of beginning for every one foot the slope rises, resulting in a 45 degree slope. A 2:1 setback-to-height slope moves two feet away from the point of beginning for every one foot the slope rises, resulting in a 26.5651 degree slope.
      (6)   SINGLE-TENANT SIGN means a detached sign that advertises only one business.
      (7)   UNITY-AGREEMENT SIGN means a detached sign erected under a detached sign unity agreement pursuant to Section 51A-7.213.
   (b)   General regulations applicable to all detached signs.
      (1)   Except as provided in Section 51A-7.306(a), detached signs must be premise signs.
      (2)   No portion of a detached sign may be located above a residential proximity slope. See Section 51A-4.412.
      (3)   Non-monument signs are not allowed within 250 feet of either private property in a non-business zoning district or a public park of more than one acre. The board of adjustment may grant a special exception to this provision when, in the opinion of the board, the special exception will not adversely affect neighboring property.
      (4)   Only one detached sign is allowed per street frontage other than expressways. One expressway sign is allowed for every 450 feet of frontage or fraction thereof on an expressway.
      (5)   Detached signs on the same premise must be at least 200 feet apart.
      (6)   All of the premises operating under a detached sign unity agreement may together have only one unity-agreement sign per street frontage, but each premise operating under that detached sign unity agreement may have one single-tenant monument sign.
      (7)   Detached signs may not be placed in a visibility triangle. See Section 51A-4.602(d).
      (8)   The support structure for monument signs must be constructed of concrete, metal, or masonry; wood is prohibited. The board of adjustment may grant a special exception to this provision when, in the opinion of the board, an alternative material will be as durable as concrete, metal, or masonry. This provision does not control the material used for the sign itself.
      (9)   Measurements of distance under this section are taken radially unless otherwise specified. “Radial” measurement is measurement taken along the shortest distance between a sign or proposed sign location and the nearest point of the object.
      (10)   The effective area of a sign attached to a fence is the effective area of the sign only, not the area of the entire fence.
   (c)   Regulations applicable to single-tenant signs.
      (1)   Setback.
         (A)   Monument signs. There is no minimum setback for a single-tenant monument sign.
         (B)   Non-monument signs. The minimum setback for a single-tenant non-monument sign is 15 feet.
      (2)   Height. The height of a single-tenant sign may not exceed a 2:1 setback-to-height slope or 35 feet, whichever is less.
      (3)   Effective area. The effective area of a single-tenant sign may not exceed an 8:1 effective-area-to-height ratio or 200 square feet, whichever is less.
   (d)   Regulations applicable to multi-tenant signs.
      (1)   Setback.
         (A)   Monument signs. The minimum setback for a multi-tenant monument sign is five feet.
         (B)   Non-monument signs. The minimum setback for a multi-tenant non-monument sign is 15 feet.
      (2)   Height. The height of a multi-tenant sign may not exceed a 1:1 setback-to-height slope or 35 feet, whichever is less.
      (3)   Effective area.
         (A)   Monument signs. The effective area of a multi-tenant monument sign may not exceed a 10:1 effective-area-to-height ratio or 200 square feet, whichever is less.
         (B)   Non-monument signs. The effective area of a multi-tenant non-monument sign may not exceed a 5:1 effective-area-to-height ratio or 200 square feet, whichever is less.
      (4)   Address required. A multi-tenant sign must contain the address of the premise.
   (e)   Regulations applicable to unity-agreement signs.
      (1)   Applicability. This subsection controls over Subsections (c) and (d) of this section.
      (2)   Setback.
         (A)   Monument signs. The minimum setback for a unity-agreement monument sign is five feet.
         (B)   Non-monument signs. The minimum setback for a unity-agreement non-monument sign is 15 feet.
      (3)   Height. The height of a unity-agreement sign may not exceed a .5:1 setback-to-height slope or 35 feet, whichever is less.
      (4)   Effective area. The effective area of a unity-agreement sign may not exceed a 10:1 effective-area-to-height ratio or 200 square feet, whichever is less.
   (f)   Regulations applicable to expressway signs.
      (1)   Applicability. This subsection controls over Subsections (c), (d), and (e) of this section.
      (2)   Setback, height, and effective area generally.
         (A)   An expressway sign with a minimum setback of five feet may have a maximum height of 20 feet and maximum effective area of 50 square feet.
         (B)   An expressway sign with a minimum setback of 15 feet may have a maximum height of 30 feet and a maximum effective area of 150 square feet.
         (C)   An expressway sign with a minimum setback of 25 feet may have a maximum height of 40 feet and a maximum effective area of 400 square feet.
         (D)   The height of an expressway sign may be extended to 50 feet, or to 30 feet above the nearest point on the nearest travel surface of the nearest expressway or new expressway, whichever is higher, if the total height of the sign does not exceed 60 feet above the ground at the base of the sign.
      (3)   Setback, height, and effective area of unity-agreement expressway signs.
         (A)   A unity-agreement expressway sign with a minimum setback of five feet may have a maximum height of 30 feet and a maximum effective area of 150 square feet.
         (B)   A unity-agreement expressway sign with a minimum setback of 15 feet may have a maximum height of 40 feet and a maximum effective area of 250 square feet.
         (C)   A unity-agreement expressway sign with a minimum setback of 25 feet may have a maximum height of 50 feet and a maximum effective area of 450 square feet.
         (D)   The height of a unity-agreement expressway sign may be extended to 50 feet, or to 30 feet above the nearest point on the nearest travel surface of the nearest expressway or new expressway, whichever is higher, if the total height of the sign does not exceed 60 feet above the ground at the base of the sign. (Ord. Nos. 19455; 20927; 21186; 21455; 21797; 21798; 24232; 25786; 25814; 26082; 29024)
SEC. 51A-7.305.   ATTACHED SIGNS.
   Attached signs are permitted in business areas in accordance with the following provisions:
   (a)   Except as otherwise permitted under Sections 51-4.213(25), 51-4.217(b)(5), 51A-4.206(1), and 51A-4.217(b)(9), all attached signs must be premise signs or convey a noncommercial message.
   (b)   All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than 18 inches from that surface except as provided in Subsection (e) below.
   (c)   On the primary facade, the combined effective area of all attached signs may not exceed 25 percent of the total area of the primary facade. On each secondary facade, the combined effective area of all attached signs may not exceed 15 percent of the total area of that secondary facade. As applied to a building with multiple occupants, the facade area of each use with a separate certificate of occupancy shall be treated as a separate facade. On any building facade, there may be a maximum of eight words which contain any character of a height equal to or exceeding four inches and pertain to any premise or any non-residential occupancy. Words consisting of characters less than four inches high may be used without limit.
   (d)   The combined effective area of all signs attached to any window or any glass door may not exceed 15 percent of the area of that window or that glass door. Signs in the upper two-thirds of a window or glass door are prohibited. Signs attached to a window or a glass door must be brought into compliance with this provision by September 25, 2008.
   (e)   Attached signs may project more than 18 inches from vertical building planes as follows:
      (1)   Any premise or any non-residential occupancy may erect not more than one attached sign projecting up to a maximum of four feet from a vertical building plane, but not above the roof, provided that the premise or occupancy maintains no detached sign on the premise, and that the sign does not exceed 20 square feet in effective area, and that no part of the sign descends closer to grade than 10 feet, nor projects into or over any public right-of-way.
      (2)   On any premise or non-residential occupancy, a sign may be erected at the eaves or edge of the roof or on a parapet or edge of a canopy; provided, that the sign is parallel to the vertical building plane, and does not project more than four feet above the surface to which it is attached.
      (3)   Any premise or non-residential occupancy may erect one attached sign projecting up to a maximum of four feet from a vertical building plane if:
         (A)   the sign does not exceed 60 square feet in effective area;
         (B)   no single face of a three-dimensional sign exceeds 60 square feet;
         (C)   the attached sign is not above the highest point of a facade;
         (D)   no part of the sign descends closer to grade than 10 feet;
         (E)   the sign does not project into or over any public right-of-way; and
         (F)   the contents of the sign are limited to a registered trademark or logo that contains no word or character.
   (f)   Words may be attached to machinery or equipment which is necessary or customary to the business, including but not limited to devices such as gasoline pumps, vending machines, ice machines, etc., provided that words so attached refer exclusively to products or services dispensed by the device, consist of characters no more than four inches in height, and project no more than one inch from the surface of the device. (Ord. Nos. 19455; 20927; 21978; 24232; 27244; 27253; 29024)
SEC. 51A-7.306.   DETACHED NON- PREMISE SIGNS PROHIBITED GENERALLY.
   (a)   No person may erect or maintain a detached non-premise sign in the city. It is a defense to prosecution under this subsection that the sign:
      (1)   is a nonconforming use;
      (2)   is a special purpose sign, movement control sign, protective sign, or vehicular sign as defined in this article;
      (3)   is a sign that contains primarily a political message for which a permit is not required under Section 51A-7.602;
      (4)   is in a special provision sign district or planned development district and expressly authorized by and in full compliance with the ordinances establishing and amending that district;
      (5)   was lawfully relocated pursuant to Section 51A-7.307;
      (6)   is expressly authorized by and in full compliance with a valid order of the court or board of adjustment; or
      (7)   is a sign adverting an occasional sale (garage sale) pursuant to Sections 51-4.217(b)(5) or 51A-4.217(b)(9).
   (b)   A lawfully erected detached non-premise sign in a special provision sign district or planned development district shall be considered a legal (as opposed to non-conforming) use if it is expressly authorized by and in full compliance with the ordinances establishing and amending that district. (Ord. Nos. 19455; 19766; 19786; 20360; 20927; 21663; 22392; 24232; 25921; 29024)
SEC. 51A-7.307.   RELOCATION OF CERTAIN DETACHED NON-PREMISE SIGNS.
   (a)   In general. Non-conforming detached non-premise signs located on or overhanging a parcel of land acquired by a governmental entity may be relocated subject to the restrictions in this section.
   (b)   Application. The owner of the sign and the governmental entity must sign a relocation application. The owner of the sign must submit the relocation application within one year after the sign is actually removed from the parcel of land pursuant to a request of the governmental entity. The relocation must be completed within one year after approval of the relocation application.
   (c)   Compliance required. Except as provided in this section, relocated signs must fully comply with the size, height, spacing, setback, and other restrictions in this article.
   (d)   Relocation to remainder.
      (1)   All relocated signs must be relocated on the remainder of the tract from which the parcel of land was acquired unless relocating to the remainder is not possible for reasons such as:
         (A)    there is no remainder;
         (B)   the sign owner is unable to obtain an agreement from the property owner of the remainder; or
         (C)   the remainder is not of sufficient size or suitable configuration to allow the relocated sign to be as visible as the original sign from the nearest main traveled thoroughfare.
      (2)   Signs relocated to a remainder may not be less conforming than the original sign, but must comply with the spacing requirements of Paragraphs (e)(12) and (e)(13).
      (3)    All signs located on a railroad right-of-way must be relocated within that same railroad right-of-way. Relocated signs must be relocated within 500 feet of their original location unless possible locations are not of a suitable size or configuration or are otherwise unusable. Signs that have been relocated within 500 feet of their original location may not be less conforming than the original sign. If a sign cannot be relocated within 500 feet of its original location, it can be relocated anywhere in that same railroad right-of-way, but must fully comply with the size, height, spacing, setback, and other restrictions in this article.
   (e)   Restrictions on relocations.
      (1)   A sign may not be relocated within 1,000 feet of a new expressway.
      (2)   A sign may not be relocated within 100 feet of an expressway unless it was originally located within 100 feet of an expressway or new expressway.
      (3)   A sign message on a relocated sign may not be oriented to be visible from a new expressway.
      (4)   A sign message on a relocated sign may not be oriented to be visible from an expressway unless it was originally oriented to be visible from an expressway or new expressway.
      (5)   A non-HBA sign must be relocated at least 500 feet from another non-premise sign.
      (6)   An HBA sign must be relocated at least 500 feet from another non-premise sign on the same side of the expressway.
      (7)   No more than one relocation is permitted between the sites or former sites of non-premise signs that existed on April 26, 2000 unless the distance between the sites or former sites in feet equals or exceeds the number of relocated signs multiplied by 1,500.
      (8)   A relocated sign may not have a greater effective area than it had at its original location, except that the effective area of multiple relocated signs may be combined, provided that:
         (A)   the overall number of signs within the city is reduced;
         (B)   the effective area of the combined sign is equal to or less than the sum of the effective area of the individual signs; and
         (C)   except as provided in Paragraph (g)(3), the effective area does not exceed 400 square feet for a combined non-expressway sign or 672 square feet for a combined expressway sign.
For purposes of this paragraph, the effective area of a relocated sign does not include the sign skirting if no part of the sign message appears on the skirting other than the name of the sign company.
      (9)   Two one-faced signs may be relocated to create one two-faced sign, provided that:
         (A)   the two faces are oriented within 60 degrees of one another; and
         (B)   except as provided in Paragraph (g)(3), the effective area does not exceed 400 square feet for a combined non-expressway sign or 672 square feet for a combined expressway sign.
This paragraph controls over Paragraphs (5) and (6).
      (10)   All relocated signs must be built to comply with the building code.
      (11)   A sign may not be relocated until demolition and other required permits have been applied for and approved by the city.
      (12)   A sign may not be relocated within 2,000 feet of the Trinity River, measured from the center line of the Trinity River. For purposes of this paragraph, the term “Trinity River” means the portion of the river south of the confluence of the Elm and West forks as depicted on the most recent version of the flood insurance rate maps published by the Federal Emergency Management Agency.
      (13)   A sign may not be relocated within 500 feet of a historic district, public park, city-owned lake, or the escarpment zone or geologically similar areas.
      (14)   A non-HBA sign may not be relocated within 500 feet of a non-business or residential zoning district.
      (15)   An HBA sign may not be relocated within 300 feet of a non-business or residential zoning district.
      (16)   A sign may not be relocated within 200 feet of any intersection involving:
         (A)   two or more arterials;
         (B)   an expressway frontage road and an arterial; or
         (C)   expressway travel lanes or ramps.
      (17)   No new properties, such as electrical, mechanical, or LED, may be added to a relocated sign. (For example, a non-illuminated sign may not be converted to an illuminated sign, and a plain billboard may not be converted to a digital or tri-vision sign.)
   (f)   Relocated expressway signs.
      (1)   A relocated expressway sign may exceed the effective area in Subsection (g). A relocated expressway sign may not have an effective area that exceeds 672 square feet.
      (2)   A relocated expressway sign must have a setback of at least 40 feet from the nearest expressway travel lane and at least five feet from the nearest public right-of-way but may not be relocated more than 200 feet from the expressway right-of-way.
      (3)   The effective area of a relocated expressway sign does not include extensions of the sign face if:
         (A)   the extensions do not collectively exceed 20 percent of the original area of the sign face; and
         (B)   no individual extension exceeds 80 percent of the original length or 50 percent of the original height of the sign face.
      (4)   The height of a relocated expressway sign may not exceed an overall height of 50 feet, or 42.5 feet above the nearest point on the nearest travel surface of the nearest expressway or new expressway, whichever is higher, if the total height of the sign does not exceed 80 feet above the ground at the base of the sign.
   (g)   Limitations on size. Except as provided in Subsection (f):
      (1)   a relocated sign with an effective area of 72 square feet or less may not exceed 20 feet in height; and
      (2)   a relocated sign with an effective area greater than 72 square feet may not exceed 400 square feet in effective area or 30 feet in height.
      (3)   A relocated sign in a CR, RR, MU-1, MU- 1(SAH), MU-2, MU-2(SAH), MC-1, or MC-2 zoning district, or in an SC or GR subdistrict of a PD district, may not exceed 72 square feet in effective area or 20 feet in height. This provision controls over Paragraphs (1) and (2).
   (h)   Measurements. Measurements of distance under this section pertaining to minimum separation between signs are linear unless otherwise specified in the provision. A “linear” measurement is taken from a sign or proposed sign location to the nearest point on another sign. Measurements of distance under this section pertaining to minimum distance from zoning districts or locations are taken radially unless otherwise specified in the provision. “Radial” measurement is a measurement taken along the shortest distance between a sign or proposed sign location and the nearest point of a private property line in a restricted zoning district or location.
   (i)   Specific use permit. The city council may grant a specific use permit to:
      (1)   authorize a detached non-premise sign to have lesser spacing than that required in Paragraphs (e) (12), (13), (14) or (15); or
      (2)   allow the relocation of an HBA sign or an expressway sign to an LO(A), MO(A), or GO(A) district.
For more information regarding specific use permits, see Section 51A-4.219. (Ord. Nos. 24232; 27516)
SEC. 51A-7.308.   DIGITAL DISPLAY ON CERTAIN DETACHED NONPREMISE SIGNS.
   (a)   In general. Certain nonconforming detached non-premise signs may be modified to use digital display technology subject to the restrictions in this section.
   (b)   Application. The owner of the sign must submit a digital display sign permit application for a face modification. After the building official approves the digital display sign permit, the owner must apply for a demolition permit to remove sign face area in accordance with Subsection (d). The owner must complete demolition of sign face according to the applicable ratio in Subsection (d) before the sign face is modified.
   (c)   Compliance required.
      (1)   Except as provided in this section, digital display signs must fully comply with the size, height, spacing, setback, and other restrictions in this article for detached non-premise signs.
      (2)   Digital display sign support structures must be built to comply with the building code.
      (3)   Digital display signs must comply with Title 43 Texas Administrative Code Section 21.163, “Electronic Signs,” as amended.
      (4)   Both existing and new digital signs must comply with all lighting and safety standards mandated by federal, state, or local rules or statutes, including standards adopted or amended after the date of passage of these requirements. Lighting and safety standards include brightness; message duration; and proximity of the sign to other digital displays, ramps, and interchanges.
   (d)   Sign face exchange ratio.
      (1)   Except as provided in Paragraph (2), for every one square foot of sign face modified to use digital display technology, three square feet of detached non-premise sign face area must be removed from within the city.
         (A)   To receive credit for the area of a conventional face removed, the conventional sign face removed must result in elimination of a sign structure (if a face is removed from a structure, the entire structure must be removed).
         (B)   At least one structure removed must be within a five mile radius of the conventional face being converted.
         (C)   No credit is given for the area of the conventional face removed to convert to a digital display.
         (D)   Removal of sign face area must be completed before modification of sign area to use digital display technology.
      (2)   A company holding a valid state advertising license and that maintains 61 or fewer registered expressway non-premise signs on January 1, 2011 shall be allowed one sign face modification without complying with Paragraph (1). The new digital sign face may be no larger than the preexisting conventional sign face. Any subsequent modifications must comply with Paragraph (1).
   (e)   Location and number.
      (1)   A maximum of 50 non-premise locations with digital displays are permitted in the city. The director shall time stamp all applications upon receipt. The director shall review applications in order of submittal. If the director determines that an application is incomplete or does not meet the requirements of this section, the director shall reject the application and then review the next application. If the initial number of applications exceeds the number of permits available, the director shall provide for a lottery to distribute the permits.
      (2)   Digital display signs may only be expressway signs.
      (3)   For support structures with only one digital display sign, signs must be located a minimum of 1,500 feet from any other digital display sign oriented to the same traffic direction along the main travel lanes of the expressway, measured linearly. For support structures with two digital display signs, signs must be located a minimum of 2,000 feet from any other digital display sign along the same expressway, measured linearly.
      (4)   Digital display signs may not be located within 300 feet of any lot located in a residential district, measured radially.
      (5)   Digital display signs may not be located within 2,000 feet of the Trinity River, measured from the center line of the Trinity River. For purposes of this paragraph, the term “Trinity River” means the portion of the river south of the confluence of the Elm and West Forks as depicted on the most recent version of the flood insurance rate maps published by the Federal Emergency Management Agency.
      (6)   Digital display signs may not be located within 500 feet of a lot in a historic district.
      (7)   Digital display signs may not be located within 500 feet of an escarpment zone.
   (f)   Digital display sign support structures.
      (1)   Digital display sign support structures may not exceed an overall height of 50 feet or 42.5 feet above the nearest point on the nearest travel surface of the nearest expressway, whichever is higher, except that no digital display sign may be higher than the conventional sign it replaced.
      (2)   On support structures with two sign faces:
         (A)   If existing faces are pivoted at an angle of 10 degrees or greater from each other and toward the main travel lanes of an expressway, one or both sign faces may be converted to digital display.
         (B)   If existing faces are pivoted at an angle of less than 10 degrees, only one face may be converted to a digital display. The other sign face must be removed.
      (3)   Sign support structures and faces being converted to accommodate digital displays may not be modified to change the angle of a sign face.
      (4)   Electrical service to sign support structures with digital displays must be underground between the property line and the sign.
   (g)   Display.
      (1)   All digital displays signs must automatically adjust the sign brightness so that the brightness level of the sign is no more than 0.3 footcandles over ambient light conditions at a distance of 250 feet from the sign. A digital display sign must be equipped with both a dimmer control and a photocell that automatically adjusts the display’s intensity according to natural ambient light conditions.
      (2)   A digital display may not increase the light level on a lot in a residential district over ambient conditions without the digital display, measured in footcandles at the point closest to the sign that is five feet inside the residential lot and five feet above the ground.
      (3)   Before the issuance of a digital display sign permit, the applicant shall provide written certification from the sign manufacturer that:
         (A)   the light intensity has been factory programmed to comply with the maximum brightness and dimming standards in this subsection; and
         (B)   the light intensity is protected from end-user manipulation by password-protected software or other method satisfactory to the building official.
   (h)   Change of message. Changes of message must comply with the following:
      (1)   Each message must be displayed for a minimum of eight seconds.
      (2)   Changes of message must be accomplished within two seconds.
      (3)   Changes of message must occur simultaneously on the entire sign face.
      (4)   No flashing, dimming, or brightening of message is permitted except to accommodate changes of message.
   (i)   Malfunction. Digital display sign operators must respond to a malfunction or safety issue within one hour after notification and must remedy that malfunction or safety issue within 12 hours after notification. In case of sign malfunction, the digital display must freeze until the malfunction is remedied.
   (j)   Display of emergency information. The city may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed on digital display signs. Upon notification, the sign operators shall display: Amber Alerts, Silver Alerts, information regarding terrorist attacks, natural disasters, and other emergency situations in appropriate sign rotations. Emergency information messages must remain in rotation according to the issuing agency’s protocols.
   (k)   Sunset. The director shall issue no permits after August 31, 2015, unless that date is extended by ordinance before that date. The city plan commission and city council shall review this section before August 31, 2015. (Ord. Nos. 28238; 29393; 29557)
Division 51A-7.400. Provisions for Non-Business Zoning Districts.
SEC. 51A-7.401.   APPLICATION OF DIVISION.
   The provisions of this division apply to all signs located:
      (1)   in any non-business zoning district;
      (2)   within 100 feet of private property in a non-business zoning district; or
      (3)   within 100 feet of a public park of more than one acre. (Ord. Nos. 19455; 20007; 20379)
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