(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)