(a) Purpose. This section allows persons to erect and maintain temporary signs within special provision sign districts while their applications for permanent signs in those districts are pending. Nothing in this section shall be construed as prohibiting a special provision sign district from having a separate procedure for obtaining a temporary sign permit.
(b) Procedures to obtain permit.
(1) In general. Notwithstanding Section 51A-7.505, an applicant for a sign permit in a special provision sign district may apply for a permit to erect a temporary sign in accordance with this section. The permit must be obtained before erecting or maintaining the sign.
(2) Application for permit. An application for a permit must be filed with the building official on a form provided by the city. Each application must comply with the requirements of the Dallas Building Code.
(3) Requirements. The building official shall deny the application unless the proposed temporary sign meets all of the following requirements. The sign must:
(A) comply with all provisions of the code, as amended, except for Section 51A-7.505;
(B) be an attached sign;
(C) be a premise sign;
(D) be constructed of cloth, canvas, light fabric, or nylon;
(E) not be an illuminated sign;
(F) not have dimensions that exceed the dimensions of the sign for which the applicant proposes to obtain a certificate of appropriateness; and
(G) not be the same sign for which the applicant proposes to obtain a certificate of appropriateness.
(4) Decision of the building official.
(A) Timing. The building official shall make a decision regarding the application within five working days after it is filed. If the applicant has not provided all the information required by this section, then the five-day period does not begin until the required information is provided.
(B) Failure to act. If the building official fails to make a decision regarding the application within five working days after it is filed, it is approved subject to compliance with all applicable city ordinances.
(C) Form of decision. The decision must take one of the following three forms:
(i) Approval, no conditions.
(ii) Approval, subject to conditions noted.
(iii) Denial.
(D) Approval with no conditions. If there are no grounds for denying the application, the building official shall approve it with no conditions.
(E) Approval subject to conditions noted. As an alternative to denial of the application, the building official may approve it subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If he or she approves it subject to conditions noted, he or she shall state in writing the specific requirements to be met before it is approved.
(F) Denial.
(i) Grounds for denial. The building official shall deny the application if it does not comply with all of the requirements of this section or contain all required information.
(ii) Statement of reasons. If the building official denies the application, he or she shall state in writing the specific reasons for denial.
(G) Notice of decision. The building official shall give written notice to the applicant of his or her decision regarding the application. Notice is given either by hand-delivery or by depositing the notice properly addressed and postage paid in the United States mail. If the notice is mailed, it must be sent to the address shown on the application.
(c) Revocation of permit. The building official shall revoke the permit if he or she determines that the permittee has:
(1) failed to comply with any provision of the code, as amended, except for Section 51A-7.505;
(2) made a false statement of material fact on the application; or
(3) erected or maintained a sign that endangers the safety of persons or property and is not otherwise in the public interest.
(d) Expiration of permit. A permit automatically expires 60 days from the date of its issuance.
(e) Permit limit. Once a permit expires or is revoked, no person may apply for another permit for that sign.
(f) Appeals. In considering an appeal from a decision of the building official made in the enforcement of this section, the sole issue before the board of adjustment shall be whether or not the building official erred in his or her decision. The board shall consider the same standards that the building official was required to consider in making the decision on the permit.
(g) Criminal responsibility. If a sign violates this section and is not otherwise authorized by the code, a person is criminally responsible for a sign unlawfully erected or maintained if the person:
(1) erects or maintains the sign;
(2) is an owner or operator of a use or business to which the sign refers; or
(3) owns part or all of the land on which the sign is located.
(h) No representation by the city. The grant of a permit to erect a temporary sign does not mean that an applicant will receive a certificate of appropriateness for any sign. (Ord. Nos. 20954; 24232; 30892)