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(a) Movement and illumination provisions for all signs.
(1) Signs visible from the main traveled way of an expressway. For signs containing a message that is visible from the main traveled way of an expressway, the regulations of Section 51A-7.1725 apply.
(2) All other signs. For all other signs, the regulations of Section 51A-7.1725 apply except for the provisions of Section 51A-7.1725 (6), (7), and (8). The provisions of Subsections 51A-7.1725(5), (6), (7), and (8) do not apply to the signs authorized by Subsections 51A-7.1727(c), (d), and (i).
(3) Luminance.
(A) For purposes of applying Section 51A-7.1725(5), (6), and (8), the measurements of luminance are taken from any premise or public right-of-way, other than an alley, outside this district. The measurement of luminance taken within a circle of two feet in diameter under Section 51A-7.1725(5), (6), and (8) does not apply in this subdistrict.
(B) The luminance limitations Section 51A-7.1725(5), (6), and (8) do not apply to signs authorized by Subsections 51A-7.1727(c), (d) or (i).
(b) Permanent attached signs. The only permanent attached signs permitted in this subdistrict are signs provided for in this subsection and Subsections (c) and (d). The restrictions on signs in this subsection do not apply to the signs authorized in Subsections (c) and (d) below.
(1) Number of permitted signs.
(A) Each premise or non-residential occupancy is allowed:
(i) one projecting attached sign per facade;
(ii) one marquee sign, canopy sign, or an awning sign per facade; and
(iii) one additional attached sign per facade. The one additional attached sign may not be a changeable message sign.
(B) Except as provided in this subparagraph, in addition to the three signs permitted in Subparagraph (A), each premise is entitled to two changeable message signs, other than marquee signs. A theater may have a maximum of one changeable message premise sign for each theater screen other than marquee signs.
(C) Four flat attached non-premise signs are permitted in this subdistrict. These signs are not in addition to the number of signs permitted on a premise. Only one non-premise sign is permitted on a facade. A maximum of two of the four attached non-premise signs may be changeable message signs.
(D) No more than two roof signs are permitted in this subdistrict. Only one roof sign is permitted per building.
(E) In no event may the total number of signs on a premise or nonresidential occupancy exceed the number of signs permitted under Subparagraphs (A) and (B).
(F) Window signs are limited to premise signs and do not count against the maximum number of permanent attached signs. Window signs are limited to the first and second floor of a building and may not cover more than 25 percent of any window.
(2) Number of words or characters.
(A) Except for marquee and changeable message signs, no person may erect a sign that contains more than 10 words consisting of any characters of a height equal to or exceeding four inches on any building facade. Words consisting of characters less than four inches in height may be used without limit.
(B) There is no limit as to the number of words containing characters of a height equal to or exceeding four inches on a marquee or other changeable message sign.
(3) Premise and non-premise signs. Except for the four attached non-premise signs permitted in Subsection (b)(1), all attached permanent signs in this subdistrict must be premise signs or convey a noncommercial message.
(4) Effective area limitations for certain attached signs.
(A) With the exception of a marquee sign, the maximum effective area of a changeable message sign is 1,000 square feet.
(B) The maximum effective area of a marquee sign is 250 square feet.
(C) The maximum effective area of an awning or canopy sign is 150 square feet.
(D) There is no maximum effective area for a parapet sign.
(E) The maximum effective area for a roof sign is 800 square feet.
(F) The maximum effective area for all other projecting attached signs is 250 square feet.
(5) Effective area limitation for non-premise attached signs. Except as further restricted in Subsection (b)(4)(A), the effective area of a permanent non-premise attached sign on a building facade may not exceed 50 percent of the area of the portion of the facade below 66 feet in height.
(6) Cumulative effective area limitations for all attached signs. The cumulative effective area of all permanent attached signs on a building facade may not exceed 50 percent of the total area of the facade.
(7) Spacing of attached non-premise signs. HBA signs must be spaced at least 250 feet apart.
(8) Signs overhanging or projecting into the public right-of-way.
(A) Attached signs overhanging the public right-of-way are permitted as long as each sign is a minimum of 10 feet above the sidewalk grade.
(B) No portion of a marquee sign may be located less than 2.5 feet from the back of a street curb.
(C) For all other projecting attached signs, no portion of the signs may:
(i) project more than eight feet into the public right-of way; or
(ii) be located less than two feet from the back of the street curb.
(9) Parapet signs. Parapet signs are permitted as follows:
(A) Except as provided in Subparagraph (B), no parapet sign may project more than four feet above the edge of the roof, regardless of whether the sign is erected on a parapet wall or the roofs edge.
(B) Six parapet signs in this district may project up to 10 feet above the edge of the roof if no parts of the signs are located at a height above 100 feet, measured from the grade of the buildings on which the signs are attached.
(10) Roof signs. Roof signs are permitted as follows:
(A) No part of a roof sign may be located at a height above 100 feet, measured from the grade of the building on which the sign is attached.
(B) The sign support for a roof sign must consist of open, exposed metal framing. The metal must be painted or coated, or be composed of a material that will not rust or corrode.
(C) A roof sign must be erected on the main roof of the building.
(D) No roof sign may project above the roof more than one-third of the building height.
(E) A roof sign must be mounted parallel to the nearest facade of the building.
(F) No roof sign may be a changeable message sign.
(11) No limitation on projecting attached signs. Projecting attached signs are permitted on premises with detached signs.
(12) Location limitation on non-premise signs. No portion of a non-premise sign may be located at a point on the facade above 66 feet in height.
(13) District activities and non-premise signs. A minimum of 30 percent of the effective area of an attached non-premise sign must identify district activities.
(14) Signs projecting over the roof line. A projecting, attached sign, other than a roof or parapet sign, may project up to a maximum of 10 feet above a building. No changeable message or attached non-premise sign may project above a building.
(15) Location limitation on projecting attached signs. Except for a roof or parapet sign, no portion of a projecting attached sign may be located at a point on the facade above 66 feet in height.
(16) Location limitation on changeable message signs. No portion of a changeable message sign may be located at a point on the facade above 66 feet in height.
(c) Additional signs in Subarea B-1.
(1) In general. The non-premise signs described in this subsection are permitted in Subarea B- 1 subject to the following restrictions.
(A) The signs may not be HBA signs.
(B) The signs are permitted on premises with detached signs.
(C) The signs are in addition to all other signs permitted on a premise.
(2) Icon Tower Signs. A maximum of three projecting attached changeable message signs are permitted on an architectural element (such as a tower) that is part of a building adjacent to the western edge of an entertainment complex plaza, subject to the following restrictions:
(A) The signs may not be HBA signs.
(B) Each sign may not exceed 1,200 square feet in effective area.
(C) The signs may not be located more than 150 feet above the base of the building to which the architectural element is attached.
(D) The signs may not project above the architectural element to which they are attached.
(E) The signs may project outward from the architectural element to which they are attached.
(F) All of the signs must be located on the same architectural element.
(3) Icon tower static signs. A maximum of five projecting attached signs are permitted on an architectural element (such as a tower) that is part of a building adjacent to the western edge of an entertainment complex plaza, subject to the following restrictions:
(A) The signs may not be HBA signs.
(B) Each sign may not exceed 144 square feet in effective area.
(C) The signs may not be located more than 170 feet above the base of the building to which the architectural element is attached.
(D) The signs may project above the architectural element to which they are attached.
(E) The signs may project outward from the architectural element to which they are attached.
(F) All of the signs must be located on the same architectural element.
(G) The signs are subject to the limitations on the number of words or characters in Subsection (b)(2) above.
(4) Media Wall Signs. A maximum of eight projecting attached changeable message signs are permitted on a facade facing an entertainment complex plaza, subject to the following restrictions:
(A) The signs may not be HBA signs.
(B) Each sign may not exceed 967 square feet in effective area.
(C) The signs may move along the structural framing to which they are attached and converge to form one or more screens that exceed 967 square feet in effective area.
(D) The signs may not be located more than 85 feet above the base of the building to which the signs are attached.
(E) The signs may project outward from the structural framing or building to which they are attached.
(F) The signs may not project above the building to which they are attached.
(G) No facade may have more than five media wall signs.
(H) The signs may be attached to the exterior structural framing of the building or the building itself.
(5) Portal Sign. One projecting attached changeable message sign is permitted on a building adjacent to the eastern edge of an entertainment complex plaza, subject to the following restrictions:
(A) The sign may not be an HBA sign.
(B) The sign may not exceed 2,135 square feet in effective area.
(C) The sign may not be located more than 85 feet above the base of the building to which the sign is attached.
(D) The sign must be oriented to the south, southeast, or east.
(E) The sign may be attached to one or more facades, so that it wraps around the building.
(F) The sign may be attached to the exterior structural framing of the building or the building itself.
(G) The sign may project outward from the structural framing or building to which it is attached.
(H) The sign may not project above the building to which it is attached.
(6) Ticker sign. Two projecting attached changeable message signs are permitted on an architectural element that is part of a building adjacent to the eastern or western edge of an entertainment complex plaza, subject to the following restrictions:
(A) The sign may not be an HBA sign.
(B) The sign may not exceed 1,000 square feet in effective area.
(C) The sign may not be located more than 40 feet above the base of the building to which the architectural element is attached.
(D) Except as provided in Subparagraph (E), the sign may be attached to a maximum of two facades, so that it wraps around the building.
(E) The sign must be primarily oriented towards either the entertainment complex plaza or Olive Street.
(F) The sign may not project above the building to which the architectural element is attached.
(G) The sign may project outward from the architectural element to which it is attached.
(7) Entertainment complex plaza accent lighting. Facades facing the entertainment complex plaza may have building accent lighting consisting of LED or similar technology that changes colors or brightness. All messages are limited to images, symbols, logos, or words that are associated with district activities.
(d) Additional signs in Subareas B-2 and B-3:
(1) Hotel spectacular sign. One non-premise flat attached changeable message sign is permitted on an architectural element that is part of a building in Subarea B-2, subject to the following restrictions:
(A) The sign may not be an HBA sign.
(B) The sign is permitted on a premise with detached signs.
(C) The sign is in addition to all other signs permitted on a premise.
(D) The sign may not exceed 1,680 square feet in effective area.
(E) The sign may not be located more than 170 feet above the base of the building to which the architectural element is attached.
(F) The sign may not project above the building to which it is attached.
(G) The sign may project outward from the building or architectural element to which it is attached.
(H) The sign must be oriented to the north, northwest, or west.
(I) The sign may be attached to one or more facades, so that it wraps around the building.
(J) If a portion of the sign is static, the static portion is subject to the restrictions on the number of words or characters in Subsection (b)(2) above.
(2) Parking structure screening signs. Attached signs are permitted on parking structures in Subarea B-3, subject to the following restrictions:
(A) Visual display and coverage.
(i) The maximum effective area of text may not exceed 20 percent. The effective area of text is the sum of the areas within minimum imaginary rectangles of vertical and horizontal lines, each of which fully contains a word.
(ii) Multiple displays giving an appearance of multiple signs are prohibited.
(iii) A parking structure screening sign must be at least 10 feet above adjacent average grade.
(iv) A parking structure screening sign may be internally or externally illuminated. If internally illuminated, a parking structure screening sign may consist of translucent materials, but not transparent materials. Illumination must be turned off between 1:00 a.m. and 7:00 a.m. Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday.
(v) Minimum permitted effective area of a parking structure screening sign is 750 square feet.
(B) Location and construction.
(i) The sign may not be an HBA sign.
(ii) A parking structure screening sign may only be located on a blank wall face or on the facade of a parking structure facing north, west, or south.
(iii) The parking structure must comply with the Dallas Building Code parking structure ventilation requirements.
(iv) No parking structure screening sign may cover any window or architectural or design feature of the building to which it is attached.
(v) A parking structure screening sign may wrap around the edge of a building if both building facades to which the parking structure screening sign is attached are eligible facades and the parking structure screening sign is one continuous image.
(e) Permanent detached signs. The only permanent detached signs permitted in this subdistrict are signs provided for in this subsection.
(1) Kiosks. Kiosks are permitted subject to the following regulations:
(A) No more than 20 kiosks are permitted in this district.
(B) Kiosks within the same block face and within 20 feet of the right-of-way line of a public street must be spaced at least 50 feet apart.
(C) No kiosk may be illuminated by a detached independent external light source.
(D) Kiosks may not be located on sidewalks unless a minimum unobstructed sidewalk width of 10 feet is maintained. If, however, a greater unobstructed sidewalk is required in the ordinance establishing Planned Development District No. 582, then that greater unobstructed sidewalk width requirement must be maintained.
(E) Kiosks must be securely anchored to the ground.
(F) No kiosk may exceed ten feet in height, measured from the ground at the base of the kiosk, or 100 square feet in effective area.
(G) Kiosks may display premise or non-premise signs. If the sign displayed is a non-premise non-changeable message sign or a non-premise non-digital changeable message sign, 30 percent of the effective area of the sign must identify a district activity. If the sign displayed is a non-premise digital changeable message sign, the sign must identify a district activity 30 percent of the time measured on a 24- hour basis.
(2) Monument signs. Each premise fronting on a public street or private access easement may have one monument sign. Premises that have more than 250 feet of frontage along a public street or private access easement, other than an alley, may have not more than one additional monument sign for each additional 250 feet of frontage or fraction thereof. No monument sign may exceed 250 square feet in effective area or 10 feet in height.
(3) Water tower sign. One non-premise sign is permitted on a water tower in this subdistrict subject to the following regulations:
(A) The sign is limited to two words.
(B) The sign may only identify the name or logo of this district.
(C) The sign may not exceed 110 feet in height.
(D) The sign must be painted on the water tower.
(4) All other detached signs. The following additional detached signs are permitted:
(A) Non-premise detached signs may be located in private access easements. No such sign may exceed 30 feet in height or have a sign face that exceeds six feet in height. Each such sign must have a minimum clearance of 14 feet above the ground. Signs permitted under this subparagraph must be spaced at least 250 feet apart.
(B) The owner or operator of a surface parking lot may erect one non-premise detached sign for each vehicular entrance to the parking lot, and one additional non-premise detached sign for each 40,000 square feet of parking surface. Signs permitted under this subparagraph:
(i) may not exceed 30 square feet in effective area or 20 feet in height;
(ii) must be spaced at least 100 feet apart; and
(iii) must be located at least five feet from the lot line or public right-of-way line, whichever creates the greater setback.
A minimum of 30 percent of the effective area of each sign must identify a district activity.
(C) Two additional non-premise detached signs are permitted in this subdistrict subject to the following provisions:
(i) No sign may exceed 66 feet in height, measured from the ground at the base of the sign.
(ii) No sign may exceed 1,500 square feet in effective area.
(iii) The signs must be spaced 400 feet from each other and if the sign is an HBA sign, it must be spaced 100 feet from any detached HBA sign.
(iv) No sign may be nearer than five feet to the lot line or public right-of-way line, whichever creates the greater setback.
(v) No sign may exceed one foot in width for every three feet in height, measured from the ground at the base of the sign.
(vi) The signs must consist of individual panels. Messages may only be displayed on the individual panels. Each panel must be separated from the others by at least one foot of air space, and, except as otherwise provided, no single panel may have an effective area that exceeds 250 square feet. One panel of a sign may have an effective area of up to 500 square feet if: (aa) the panel is an electronic changeable message panel, and (bb) the message displayed on the panel only identifies district activities.
(vii) A minimum of 50 percent of the cumulative effective area of each sign must identify district activities.
(D) One additional non-premise detached sign is permitted in this subdistrict subject to the following provisions:
(i) The sign may not exceed 30 feet in height, measured from the ground at the base of the sign.
(ii) The sign may not exceed 600 square feet in effective area.
(iii) If the sign is an HBA sign, the sign must be spaced at least 200 feet from any other detached HBA sign.
(iv) The sign may not be nearer than five feet to the lot line or public right-of-way line, whichever creates the greater setback.
(v) The sign must be located on the same premise as an entertainment complex use.
(vi) A minimum of 70 percent of the sign’s effective area must identify district activities.
(5) Vent stack signs prohibited. Except as provided in this paragraph, no sign may be located on a vent stack. In Subarea B-2, a vent stack may be used as a monument sign or monument district identification sign.
(f) Temporary signs. The only temporary signs permitted in this subdistrict are special purpose signs, temporary protective signs, temporary signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and “under construction” signs. These temporary signs are in addition to all other signs permitted in this ordinance.
(g) Special purpose signs.
(1) Illumination. Special purpose signs may be externally illuminated, and, except for banners, may be internally illuminated or “back-lighted.”
(2) Premise special purpose signs.
(A) Attached premise special purpose signs.
(i) In general. An occupancy may have one attached premise special purpose sign up to four times within any twelve-month period as long as the sign:
(aa) is displayed for no more than 45 days each time during the twelve-month period; and
(bb) has no more than 10 words that contain any character equal to or exceeding four inches in height.
(ii) Entertainment complex plaza. There is no limit on the number of attached premise special purpose signs that may be erected on the facade of a building facing and adjacent to an entertainment complex plaza. No attached premise special purpose sign may be maintained for more than 45 days in any given twelve-month period.
(B) Detached premise special purpose signs.
(i) An occupancy may have a detached premise special purpose sign no more than three times each calendar year for no more than 38 consecutive days each time. No detached premise special purpose sign may be erected at an occupancy during the 30-day period immediately following the removal of a detached premise special purpose sign from that occupancy.
(ii) Detached premise special purpose signs must:
(aa) be located at least 100 feet apart;
(bb) not exceed eight feet in height; and
(cc) not exceed 50 square feet in effective area.
(iii) No more than one detached premise special purpose sign may be erected on each street or private access easement that the premise fronts on.
(4) Non-premise special purpose signs.
(A) In general. Non-premise special purpose signs are permitted subject to the following regulations:
(i) Except as provided in Subparagraph (A)(ii) below, non-premise special purpose signs may only display promotional and welcome messages.
(ii) Up to 10 percent of the effective area of a non-premise special purpose sign may contain commercial advertisement. The name of the event or activity identified in a promotional message is not considered commercial advertisement even if the event or activity is named after the sponsor.
(iii) A non-premise special purpose sign may not be erected more than 30 days before the beginning of the advertised activity or event, and must be removed no later than 10 days after the activity or event has ended.
(iv) The sign hardware for a banner may be left in place between displays of a banner.
(B) Attached non-premise special purpose signs.
(i) The only attached non-premise special purpose signs permitted in this subdistrict are banners.
(ii) Banners may be displayed on the facade of a building that is adjacent to an entertainment complex plaza, except that no portion of a banner may be located on the facade at a point above 66 feet in height. There is no limit on the number or size of these banners.
(iii) Banners may also be displayed on the facades of buildings that are not adjacent to an entertainment complex plaza, except that no portion of a banner may be located on the facade at a point above 36 feet in height. No banner may exceed 200 square feet in effective area, and all banners must be spaced at least 100 feet apart.
(C) Detached non-premise special purpose signs. The only detached non-premise special purpose signs permitted in this subdistrict are as follows:
(i) Banners on street light poles. Banners are permitted on street light poles as long as the banners and their hardware:
(aa) Meet the sign construction and design standards contained in the Dallas Building Code;
(bb) are at least 12 feet above grade, unless they overhang a roadway, in which case they must be at least 15 feet above grade;
(cc) do not project more than three feet from the pole on which they are mounted;
(dd) do not exceed 50 square feet in effective area; and
(ee) are made out of weather-resistant and rustproof material.
(ii) Other banners crossing the public way. Banners may be displayed over and across the public way. No portion of a banner may be located more than 35 feet above grade, or less than 14 feet above any street, sidewalk, or other pedestrian area. The height of a sign face may not exceed six feet. All banners must be spaced at least 100 feet apart.
(iii) Other signs located in the right-of-way. Signs may be displayed on any public sidewalk or other public pedestrian area if an unobstructed 10-foot sidewalk or pedestrian walkway area is maintained. No sign may exceed an effective area of 50 square feet, or a height of 10 feet. No more than one sign is permitted per blockface.
(h) Other temporary signs.
(1) Temporary protective signs. In addition to the other protective signs permitted under Section 51A-7.1718, temporary protective signs may be erected anywhere on a construction site at anytime during construction. There is no limit on the number of these signs, but no sign may exceed 20 square feet in effective area or eight feet in height. Temporary protective signs may be illuminated, but no lighting source may project more than three inches from the vertical surface of, or six inches above the top of, the sign. All temporary protective signs must be removed upon completion of the construction.
(2) Temporary signs on construction fencing. Temporary signs may be erected on construction fencing subject to the following provisions:
(A) The signs must be spaced at least 50 feet apart.
(B) No sign may exceed 128 square feet in effective area or eight feet in height.
(C) No sign may project more than three inches from the vertical surface of, or six inches above the top of, the fence.
(D) The signs may be illuminated.
(E) The signs may only identify the project under construction and its owners, developers, future tenants, lenders, architects, engineers, project consultants, and contractors.
(F) The signs must be removed upon completion of the construction.
(3) “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” signs. Signs that relate exclusively to the sale, lease, construction, or remodeling of the premises on which they are located are permitted. There is no limit to the number of attached signs permitted. Detached signs are limited to one for each 100 feet of frontage on a public street or private access easement. If attached to a window, the maximum effective area of the sign is 16 square feet; if attached to other portions of a facade, the maximum effective area is 32 square feet. No detached sign may exceed 128 square feet in effective area or 16 feet in height.
(i) Illuminated Projection Signs. A maximum of five non-premise signs created by the projection of light onto an entertainment complex plaza adjacent to an entertainment complex are permitted. The projection of light may originate from a premise other than the premise upon which the light is cast. These illuminated projection signs are in additional to all other signs permitted on a premise. The signs may not be HBA signs. (Ord. Nos. 24348; 25918; 30043)
(a) Permanent attached signs. The only permanent attached signs permitted in this subdistrict are signs provided for in this subsection.
(1) Number of permitted signs.
(A) Each premise or non-residential occupancy is entitled to one attached sign per facade.
(B) In addition to the signs permitted in Subparagraph (A), the following flat attached non-premise signs are permitted on expressway-facing facades in this subdistrict:
(i) On three expressway-facing facades, two non-premise signs with a maximum number of 10 words each, regardless of the size of any character in the word, are permitted. No sign may exceed 672 square feet in effective area or be a changeable message sign. One of the two signs on each facade is limited to advertising district activities.
(ii) In lieu of one of the three facades permitted attached non-premise signs in Subparagraph (i) above and one 1,500-square-foot detached non-premise sign permitted in Subsection (b) of this section, one expressway-facing facade may have an unlimited number of non-premise signs. The cumulative effective area of all non-premise signs on that facade, however, may not exceed 22 percent of the area of the building facade below 66 feet in height. There is no limit on the number of words permitted on a sign. Only one marquee sign and one other changeable message sign, not to exceed 500 square feet in effective area, are permitted on that facade. These signs are limited to advertising district activities.
(iii) For purposes of calculating the maximum effective area of a non-premise attached sign in this subdistrict, the building official shall draw a minimum imaginary rectangle of vertical and horizontal lines around all extremities of the attached non-premise sign. The area within the minimum imaginary rectangle is the effective area of the sign.
(C) In addition to the signs permitted in Subparagraphs (A) and (B), a non-residential occupancy wholly located within Subarea C-1 is entitled to one additional attached sign per facade, up to a maximum of two signs per facade. For a facade located partially within Subarea C-1 and partially outside of Subarea C-1, the maximum number of attached premise signs per non-residential occupancy located on that part of the facade located within Subarea C-1 is two, limited to four attached premise signs total for the entire facade.
(2) Number of words or characters generally.
(A) Except as otherwise provided in this paragraph or in Paragraph (1), no person may erect a sign which contains more than 10 words consisting of any characters of a height equal to or exceeding four inches on any building facade. Words consisting of characters less than four inches in height may be used without limit.
(B) There is no limit as to the number of words containing characters of a height equal to or exceeding four inches on a marquee or other changeable message sign.
(3) Premise and non-premise signs. Except for the attached non-premise signs permitted in Paragraph (1), all attached permanent signs in this subdistrict must be premise signs or convey a noncommercial message.
(4) Effective area limitations for certain attached signs.
(A) Except as provided in Subsection (a)(1)(B)(ii) of this section or as further restricted below, the maximum effective area of a changeable message sign is 1,000 square feet.
(B) The maximum effective area of a marquee sign is 250 square feet.
(C) The maximum effective area of an awning or canopy sign is 150 square feet.
(D) There is no maximum effective area for a parapet sign.
(E) The maximum effective area for all other projecting attached signs is 20 square feet.
(5) Cumulative effective area limitations for all attached signs.
(A) Except as provided in Subparagraph (B), the cumulative effective area of all permanent attached signs on an expressway-facing facade may not exceed 22 percent of the total area of the facade.
(B) The cumulative effective area of all permanent attached signs on the expressway-facing facade that is permitted to have an unlimited number of non-premise attached signs pursuant to Subsection (a)(1)(B)(ii) may not exceed 32 percent of the total area of the facade.
(C) The cumulative effective area of all permanent attached signs on a facade that does not face an expressway may not exceed 20 percent of the total area of the facade.
(6) Spacing of attached non-premise signs. HBA signs on a facade must be spaced a minimum of 1000 feet from all HBA signs on another facade. There are no spacing requirements for HBA signs on the same facade.
(7) Signs overhanging or projecting into the public right-of-way.
(A) Attached signs overhanging the public right-of-way are permitted as long as each sign is a minimum of 10 feet above the sidewalk grade.
(B) No portion of a marquee sign may:
(i) project more than eight feet into the public right-of-way; or
(ii) be located less than two feet from the back of a street curb.
(C) For all other projecting attached signs, no portion of the signs may:
(i) project more than four feet into the public right-of-way; or
(ii) be located less than two feet from the back of the street curb.
(8) Parapet signs. Parapet signs are permitted in this subdistrict. No parapet sign may project more than four feet above the edge of the roof, regardless of whether the sign is attached to a parapet wall or the roof’s edge.
(9) Roof signs. Roof signs are prohibited in this subdistrict.
(10) No limitation on projecting attached signs. Projecting attached signs are permitted on premises with detached signs.
(11) Limitations on changeable message signs.
(A) A premise is entitled to only one marquee sign per facade, except that one additional marquee sign is permitted on that facade if the width of the facade is more than 300 feet.
(B) A premise is entitled to two additional changeable message signs per facade as long as the signs are not marquee signs.
(C) No portion of a changeable message sign may be located at a point on the facade above 66 feet in height.
(12) Location limitation on projecting attached signs. Except for a parapet sign, no portion of a projecting attached sign may be located at a point on the facade above 66 feet in height.
(13) Location limitation on non-premise signs. No portion of a non-premise sign may be located at a point on the facade above 66 feet in height.
(14) Signs projecting over the roof line. Except for a parapet sign, no attached sign may project over a building.
(b) Permanent detached signs. The only permanent detached signs permitted in this subdistrict are signs provided for in this subsection.
(1) Kiosks. Kiosks are permitted subject to the following regulations:
(A) No more than 20 kiosks are permitted in this district.
(B) Kiosks within the same block face and within 20 feet of the right-of-way line of a public street must be spaced at least 50 feet apart.
(C) No kiosk may be illuminated by a detached, independent external light source.
(D) Kiosks may not be located on sidewalks unless a minimum unobstructed sidewalk width of 10 feet is maintained. If, however, a greater unobstructed sidewalk is required in the ordinance establishing Planned Development District No. 582, then that greater unobstructed sidewalk width requirement must be maintained.
(E) Kiosks must be securely anchored to the ground.
(F) No kiosk may exceed ten feet in height, measured from the ground at the base of the kiosk, or 100 square feet in effective area.
(G) Kiosks may display premise or non-premise signs. If the sign displayed is a non-premise non-changeable message sign or a non-premise non-digital changeable message sign, 30 percent of the effective area of the sign must identify a district activity. If the sign displayed is a non-premise digital changeable message sign, the sign must identify a district activity 30 percent of the time measured on a 24- hour basis.
(2) Monument signs. Each premise fronting on a public street or private access easement may have one monument sign. Premises which have more than 250 feet of frontage along a public street or private access easement, other than an alley, may have not more than one additional monument sign for each additional 250 feet of frontage or fraction thereof. No monument sign may exceed 250 square feet in effective area or 10 feet in height.
(3) All other detached signs. The following additional detached signs are permitted:
(A) Non-premise detached signs may be located in private access easements. No such sign may exceed 30 feet in height or have a sign face that exceeds six feet in height. Each such sign must have a minimum clearance of 14 feet above the ground. Signs permitted under this subparagraph must be spaced at least 250 feet apart.
(B) The owner or operator of a surface parking lot may erect one non-premise detached sign for each vehicular entrance to the parking lot, and one additional premise or non-premise detached sign for each 40,000 square feet of parking surface. Signs permitted under this subparagraph:
(i) may not exceed 20 square feet in effective area or 20 feet in height;
(ii) must be spaced at least 100 feet apart; and
(iii) must be located at least five feet from the lot line or public right-of-way line, whichever creates the greater setback.
A minimum of 30 percent of the effective area of each sign must identify a district activity.
(C) Two additional non-premise detached signs are permitted in this subdistrict subject to the following provisions:
(i) No sign may exceed 66 feet in height, measured from the ground at the base of the sign.
(ii) No sign may exceed 1,500 square feet in effective area.
(iii) The signs must be spaced at least 1,500 feet from each other and at least 100 feet from any detached HBA sign.
(iv) No sign may be nearer than five feet to the lot line or public right-of-way line, whichever creates the greater setback.
(v) No sign may exceed one foot in width for every three feet in height, measured from the ground at the base of the sign.
(vi) The signs must consist of individual panels. Messages may only be displayed on the individual panels. Each panel must be separated from the others by at least one foot of air space, and except as otherwise provided, no single panel may have an effective area that exceeds 250 square feet. One panel of a sign may have an effective area of up to 500 square feet if: (aa) the panel is an electronic changeable message panel, and (bb) the message displayed on the panel only identifies district activities.
(vii) A minimum of 50 percent of the cumulative effective area of each sign must identify district activities.
(4) Vent stack signs prohibited. No sign may be located on a vent stack in this subdistrict.
(c) Temporary signs. The only temporary signs permitted in this subdistrict are special purpose signs, temporary protective signs, temporary signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and “under construction” signs. These temporary signs are in addition to all other signs permitted in this ordinance.
(d) Special purpose signs.
(1) Illumination. Special purpose signs may be externally illuminated, and, except for banners, may be internally illuminated or “back-lighted.”
(2) Premise special purpose signs.
(A) Attached premise special purpose signs. An occupancy may have one attached premise special purpose sign up to four times within any twelve-month period as long as the sign:
(i) is displayed for no more than 45 days each time during the twelve-month period; and
(ii) has no more than 10 words that contain any character equal to or exceeding four inches in height.
(B) Detached premise special purpose signs.
(i) An occupancy may have a detached premise special purpose sign no more than three times each calendar year for no more than 38 consecutive days each time. No detached premise special purpose sign may be erected at an occupancy during the 30-day period immediately following the removal of a detached premise special purpose sign from that occupancy.
(ii) Detached premise special purpose signs must:
(aa) be located at least 100 feet apart;
(bb) not exceed eight feet in height; and
(cc) not exceed 50 square feet in effective area.
(iii) No more than one detached premise special purpose sign may be erected on each street or private access easement that the premise fronts on.
(4) Non-premise special purpose signs.
(A) In general. Non-premise special purpose signs are permitted subject to the following regulations:
(i) Except as provided below, non-premise special purpose signs may only display promotional and welcome messages.
(ii) Up to 10 percent of the effective area of a non-premise special purpose sign may contain commercial advertisement. The name of the event or activity identified in a promotional message is not considered commercial advertisement even if the event or activity is named after the sponsor.
(iii) A non-premise special purpose sign may not be erected more than 30 days before the beginning of the advertised activity or event, and must be removed no later than 10 days after the activity or event has ended.
(iv) The sign hardware for a banner may be left in place between displays of a banner.
(B) Attached non-premise special purpose signs. Attached non-premise special purpose signs are prohibited in this subdistrict.
(C) Detached non-premise special purpose signs. The only detached non-premise special purpose signs permitted in this subdistrict are as follows:
(i) Banners on street light poles. Banners are permitted on street light poles as long as the banners and their hardware:
(aa) meet the sign construction and design standards contained in the Dallas Building Code;
(bb) are at least 12 feet above grade, unless they overhang a roadway, in which case they must be at least 15 feet above grade;
(cc) do not project more than three feet from the pole on which they are mounted;
(dd) do not exceed 50 square feet in effective area; and
(ee) are made out of weather-resistant and rustproof material.
(ii) Other banners crossing the public way. Banners may be displayed over and across the public way. No portion of a banner may be located more than 35 feet above grade, or less than 14 feet above any street, sidewalk, or other pedestrian area. The height of a sign face may not exceed six feet. All banners must be spaced at least 100 feet apart.
(e) Other temporary signs.
(1) Temporary protective signs. In addition to the other protective signs permitted under Section 51A-7.1718, temporary protective signs may be erected anywhere on a construction site at anytime during construction. There is no limit on the number of these signs, but no sign may exceed 20 square feet in effective area or eight feet in height. Temporary protective signs may be illuminated, but no lighting source may project more than three inches from the vertical surface of, or six inches above the top of, the sign. All temporary protective signs must be removed upon completion of the construction.
(2) Temporary signs on construction fencing. Temporary signs may be erected on construction fencing subject to the following provisions:
(A) The signs must be spaced at least 50 feet apart.
(B) No sign may exceed 128 square feet in effective area or eight feet in height.
(C) No sign may project more than three inches from the vertical surface of, or six inches above the top of, the fence.
(D) The signs may be illuminated.
(E) The signs may only identify the project under construction and its owners, developers, future tenants, lenders, architects, engineers, project consultants, and contractors.
(F) The signs must be removed upon completion of the construction.
(3) “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” signs. Signs that relate exclusively to the sale, lease, construction, or remodeling of the premises on which they are located are permitted. There is no limit to the number of attached signs permitted. Detached signs are limited to one for each 100 feet of frontage on a public street or private access easement. If attached to a window, the maximum effective area of the sign is 16 square feet; if attached to other portions of a facade, the maximum effective area is 32 square feet. No detached sign may exceed 128 square feet in effective area or 16 feet in height. (Ord. Nos. 24348; 25918; 31410)
(a) Permanent attached signs. The only permanent attached signs permitted in this subdistrict are signs provided for in this subsection.
(1) Number of permitted signs.
(A) Except as provided in this paragraph, each premise or non-residential occupancy is entitled to one attached sign per facade.
(B) In addition to the signs allowed in Subparagraph (A), each non-residential occupancy located wholly within Subarea D-2 is allowed:
(i) one projecting attached sign per facade;
(ii) one marquee sign, canopy sign, or awning sign per facade; and
(iii) one additional attached sign per facade.
(C) For a facade located partially within Subarea D-2 and partially outside of Subarea D-2:
(i) The maximum number of attached premise signs per non-residential occupancy located on that part of the facade located within Subarea D-2 is four, limited to four attached premise signs total for the entire facade.
(ii) The maximum total number of attached premise signs per non-residential occupancy on a facade wholly or partially located in Subarea D-2 is four.
(2) Number of words or characters.
(A) Except as otherwise provided in this paragraph, no person may erect a sign which contains more than 10 words consisting of any characters of a height equal to or exceeding four inches on any building facade. Words consisting of characters less than four inches in height may be used without limit.
(B) There is no limit as to the number of words containing characters of a height equal to or exceeding four inches on a marquee or other changeable message sign.
(3) Premise and non-premise signs. All attached permanent signs in this subdistrict must be premise signs or convey a noncommercial message.
(4) Effective area limitations for certain attached signs.
(A) With the exception of a marquee sign, the maximum effective area of a changeable message sign is 1,000 square feet.
(B) The maximum effective area of a marquee sign is 250 square feet.
(C) The maximum effective area of an awning or canopy sign is 150 square feet.
(D) There is no maximum effective area for a parapet sign.
(E) The maximum effective area for a roof sign is 800 square feet.
(F) The maximum effective area for all other projecting attached signs is 250 square feet.
(5) Cumulative effective area limitations for all attached signs. The cumulative effective area of all permanent attached signs on a building facade may not exceed 20 percent of the total area of the building facade on which the signs are located.
(6) Signs overhanging or projecting into the public right-of-way.
(A) Attached signs overhanging the public right-of-way are permitted as long as each sign is a minimum of 10 feet above the sidewalk grade.
(B) No portion of a marquee sign may:
(i) project more than eight feet into the public right-of-way; or
(ii) be located less than two feet from the back of a street curb.
(C) For all other projecting attached signs, no portion of the signs may:
(i) project more than four feet into the public right-of-way; or
(ii) be located less than two feet from the back of the street curb.
(7) Parapet signs. Parapet signs are permitted in this subdistrict. No parapet sign may project more than four feet above the edge of the roof, regardless of whether the sign is attached to a parapet wall or the roof's edge.
(8) Roof signs. A maximum of two roof signs are permitted in Subarea D-2 only.
(A) A roof sign may only be erected on the roof of a main building.
(B) One roof sign per building is permitted.
(C) Roof signs may not exceed a height of 30 feet above the building or one-third of the building height, whichever is less, measured from the highest point of the roofline of the building upon which the sign is attached.
(D) The support for a roof sign must be constructed of open, exposed metal framing. The metal must be painted or coated, or be composed of a material that will not rust or corrode.
(E) A roof sign may not be a changeable message sign.
(9) No limitation on projecting attached signs. Projecting attached signs are permitted on premises with detached signs.
(10) Limitation on changeable message signs.
(A) A premise is entitled to only one marquee sign per facade, except that one additional marquee sign is permitted on that facade if the width of the facade is more than 300 feet.
(B) A premise is entitled to two additional changeable message signs per facade as long as the signs are not marquee signs.
(C) No portion of a changeable message sign is permitted at a point on the facade above 66 feet in height.
(11) Signs projecting over the roof line. A projecting attached sign, other than a roof sign in Subarea D-2, may project up to a maximum of five feet above a building. No changeable message sign may project above a building.
(b) Permanent detached signs. The only permanent detached signs permitted in this subdistrict are signs provided for in this subsection.
(1) Kiosks. Kiosks are permitted subject to the following regulations:
(A) No more than 20 kiosks are permitted in this district.
(B) Kiosks within the same block face and within 20 feet of the right- of-way line of a public street must be spaced at least 50 feet apart.
(C) No kiosk may be illuminated by a detached independent external light source.
(D) Kiosks may not be located on sidewalks unless a minimum unobstructed sidewalk width of 10 feet is maintained. If, however, a greater unobstructed sidewalk is required in the ordinance establishing Planned Development District No. 582, then that greater unobstructed sidewalk width requirement must be maintained.
(E) Kiosks must be securely anchored to the ground.
(F) No kiosk may exceed ten feet in height, measured from the ground at the base of the kiosk, or 100 square feet in effective area.
(G) Kiosks may display premise or non-premise signs. If the sign displayed is a non-premise non-changeable message sign or a non-premise non-digital changeable message sign, 30 percent of the effective area of the sign must identify a district activity. If the sign displayed is a non-premise digital changeable message sign, the sign must identify a district activity 30 percent of the time measured on a 24-hour basis.
(2) Monument signs. Each premise fronting on a public street or private access easement may have one monument sign. Premises which have more than 250 feet of frontage along a public street or private access easement, other than an alley, may have not more than one additional monument sign for each additional 250 feet of frontage or fraction thereof. No monument sign may exceed 250 square feet in effective area or 10 feet in height.
(3) All other detached signs. The following additional detached signs are permitted:
(A) Non-premise detached signs may be located in private access easements. No such sign may exceed 30 feet in height or have a sign face that exceeds six feet in height. Each such sign must have a minimum clearance of 14 feet above the ground. Signs permitted under this subparagraph must be spaced at least 250 feet apart.
(B) The owner or operator of a parking lot or parking garage (regardless of whether the parking garage stands alone or is part of a building that houses another use) may erect one non-premise detached sign in Subarea D-2 only, which may be a changeable message sign for each vehicular entrance to the parking lot or parking garage, and one additional non-premise detached sign for each 40,000 square feet of parking surface. Signs permitted under this subparagraph:
(i) may not exceed 30 square feet in effective area or 20 feet in height;
(ii) must be spaced at least 100 feet apart; and
(iii) must be located at least five feet from the lot line or public right-of-way line, whichever creates the greater setback.
A minimum of 30 percent of the effective area of each sign must identify a district activity.
(4) Vent stack signs prohibited. No sign may be located on a vent stack in this subdistrict.
(c) Temporary signs. The only temporary signs permitted in this subdistrict are special purpose signs, temporary protective signs, temporary signs on construction fencing, and “for sale,” “for lease,” “remodeling,” and “under construction” signs. These temporary signs are in addition to all other signs permitted in this ordinance.
(d) Special purpose signs.
(1) Illumination. Special purpose signs may be externally illuminated, and, except for banners, may be internally illuminated or “back-lighted.”
(2) Premise special purpose signs.
(A) Attached premise special purpose signs. An occupancy may have one attached premise special purpose sign up to four times within any twelve-month period as long as the sign:
(i) is displayed for no more than 45 days each time during the twelve-month period; and
(ii) has no more than 10 words that contain any character equal to or exceeding four inches in height.
(B) Detached premise special purpose signs.
(i) An occupancy may have a detached premise special purpose sign no more than three times each calendar year for no more than 38 consecutive days each time. No detached premise special purpose sign may be erected at an occupancy during the 30-day period immediately following the removal of a detached premise special purpose sign from that occupancy.
(ii) Detached premise special purpose signs must:
(aa) be located at least 100 feet apart;
(bb) not exceed eight feet in height; and
(cc) not exceed 50 square feet in effective area.
(iii) No more than one detached premise special purpose sign may be erected on each street or private access easement that the premise fronts on.
(4) Non-premise special purpose signs.
(A) In general. Non- premise special purpose signs are permitted subject to the following regulations:
(i) Except as provided below, non-premise special purpose signs may only display promotional and welcome messages.
(ii) Up to 10 percent of the effective area of a non-premise special purpose sign may contain commercial advertisement. The name of the event or activity identified in a promotional message is not considered commercial advertisement even if the event or activity is named after the sponsor.
(iii) A non- premise special purpose sign may not be erected more than 30 days before the beginning of the advertised activity or event, and must be removed no later than 10 days after the activity or event has ended.
(iv) The sign hardware for a banner may be left in place between displays of a banner.
(B) Attached non- premise special purpose signs. Attached non- premise special purpose signs are prohibited in this subdistrict.
(C) Detached non- premise special purpose signs. The only detached non-premise special purpose signs permitted in this subdistrict are as follows:
(i) Banners on street light poles. Banners are permitted on street light poles as long as the banners and their hardware:
(aa) meet the sign construction and design standards contained in the Dallas Building Code;
(bb) are at least 12 feet above grade, unless they overhang a roadway, in which case they must be at least 15 feet above grade;
(cc) do not project more than three feet from the pole on which they are mounted;
(dd) do not exceed 50 square feet in effective area; and
(ee) are made out of weather-resistant and rustproof material.
(ii) Other banners crossing the public way. Banners may be displayed over and across the public way. No portion of a banner may be located more than 35 feet above grade, or less than 14 feet above any street, sidewalk, or other pedestrian area. The height of a sign face may not exceed six feet. All banners must be spaced at least 100 feet apart.
(e) Other temporary signs.
(1) Temporary protective signs. In addition to the other protective signs permitted under Section 51A-7.1718, temporary protective signs may be erected anywhere on a construction site at anytime during construction. There is no limit on the number of these signs, but no sign may exceed 20 square feet in effective area or eight feet in height. Temporary protective signs may be illuminated, but no lighting source may project more than three inches from the vertical surface of, or six inches above the top of, the sign. All temporary protective signs must be removed upon completion of the construction.
(2) Temporary signs on construction fencing. Temporary signs may be erected on construction fencing subject to the following provisions:
(A) The signs must be spaced at least 50 feet apart.
(B) No sign may exceed 128 square feet in effective area or eight feet in height.
(C) No sign may project more than three inches from the vertical surface of, or six inches above the top of, the fence.
(D) The signs may be illuminated.
(E) The signs may only identify the project under construction and its owners, developers, future tenants, lenders, architects, engineers, project consultants, and contractors.
(F) The signs must be removed upon completion of the construction.
(3) “For Sale,” “For Lease,” “Remodeling,” and “Under Construction” signs. Signs that relate exclusively to the sale, lease, construction, or remodeling of the premises on which they are located are permitted. There is no limit to the number of attached signs permitted. Detached signs are limited to one for each 100 feet of frontage on a public street or private access easement. If attached to a window, the maximum effective area of the sign is 16 square feet; if attached to other portions of a facade, the maximum effective area is 32 square feet. No detached sign may exceed 128 square feet in effective area or 16 feet in height.
(f) Additional signs in Subarea D-1: Parking structure screening signs.
(1) Visual display and coverage.
(A) The maximum effective area of text may not exceed 20 percent. The effective area of text is the sum of the areas within minimum imaginary rectangles of vertical and horizontal lines, each of which fully contains a word.
(B) Multiple displays giving an appearance of multiple signs are prohibited.
(C) A parking structure screening sign must be at least 10 feet above adjacent average grade.
(D) A parking structure screening sign may be internally or externally illuminated. If internally illuminated, a parking structure screening sign may consist of translucent materials, but not transparent materials. Illumination must be turned off between 1:00 a.m. and 7:00 a.m. Monday through Friday and 2:00 a.m. and 8:00 a.m. on Saturday and Sunday.
(E) Minimum permitted effective area of a parking structure screening sign is 750 square feet.
(2) Location and construction.
(A) The sign may not be an HBA sign.
(B) A parking structure screening sign may only be located on a blank wall face or on the facade of a parking structure facing north, east, or south.
(C) The parking structure must comply with the Dallas Building Code parking structure ventilation requirements.
(D) No parking structure screening sign may cover any window or architectural or design feature of the building to which it is attached.
(a) Purpose of section. It is the declared purpose of this division that, in time, all privately owned signs shall either conform to the provisions of this division or be removed. By the passage of this ordinance and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this ordinance and all other ordinances of the city of Dallas. Any sign which does not conform to all provisions of this ordinance shall be a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances; or an illegal sign if it did not exist as a conforming or nonconforming sign, as the case may be. It is further the intent and declared purpose of this ordinance that this division, and not the provisions of Article IV, shall exclusively govern how non-conforming signs in this district are treated. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by such passage, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, and causes presently pending may proceed.
(b) Removal and maintenance of certain non-conforming signs.
(1) A sign erected without a permit, either prior to or after the adoption of this division, is an illegal sign if a permit was required for its erection according to the law in effect at the time the sign was erected. It shall be unlawful to maintain any illegal sign. It is a defense to prosecution under this subsection if the sign has been made to comply with the provisions of this division so that a permit may be issued.
(2) No person may repair a nonconforming sign if the cost of repair is more than 60 percent of the cost of erecting a new sign of the same type at the same location, unless that sign is brought into conformity with this chapter. No person may alter or repair a nonconforming sign where the effect of such repair shall be to enlarge or increase the structure of the nonconforming sign. For purposes of this section, mono-pole, metal, and wood are each an example of a “type” of sign and the term “repair” does not include maintenance or changes of words or other content on the face of a sign.
(c) Board of Adjustment authority.
(1) The board of adjustment may, in specific cases, take the following actions and authorize the following special exceptions with respect to the provisions of this division.
(2) The board of adjustment may waive any filing fee for an appeal under this division when the board finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request that the matter be placed on the board’s miscellaneous docket for predetermination. If the matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the board.
(3) The board of adjustment may hear and decide appeals that allege error in any order, requirement, decision, or determination made by the building inspection division in the enforcement of this division.
(4) The board of adjustment may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the city, or to be removed when, from the evidence presented, the board finds the sign to be hazardous to the public or to have been abandoned by its owners.
(5) Where a permit was required for a sign’s erection according to the law in effect at the time the sign was erected and where the building inspection division finds no record of a permit being issued, the board of adjustment may authorize the issuance of a replacement permit when, from the evidence presented, the board finds either that a permit was issued or that arrangements were made with a sign company to obtain the permit.
(d) Determination of non-commercial message.
(1) Findings. The city council finds that it may be necessary in the enforcement of this division to determine whether the message displayed upon a sign is a commercial message or a noncommercial message.
(2) Hearing. If a person receives a notice of violation or is cited for maintaining an illegal sign, and the person notifies the city attorney in writing within 10 days of receiving the notice or citation that he believes the sign displays a noncommercial message and is, therefore, not in violation of this division, the city attorney shall postpone prosecution of the case and shall have the matter placed on the agenda of the board of adjustment for appeal under Section 51A-7.1730(c)(3) of this section. The board shall give the person maintaining the sign 10 days written notice of a public hearing on the matter. After hearing the evidence, the board shall decide whether the message displayed on the sign is commercial or noncommercial. No fee may be charged for this appeal.
(3) Judicial Review. If the board decides that the message is commercial and that the sign is illegal, the person maintaining the sign may within 10 days of the board’s decision file a notice of nonacceptance of the decision with the city attorney. Within three days after receiving notice of nonacceptance, the city attorney shall initiate suit in the district court for determination that the sign is commercial and for an injunction to prohibit display of the sign in violation of this article. The city shall bear the burden of showing that the sign is commercial. In computing the three-day time period, Saturdays, Sundays, and legal holidays are excluded. (Ord. Nos. 24348; 25918)
(a) A special provision sign district is hereby created to be known as the Southside Entertainment Sign District. For purposes of this article, the boundaries of the Southside Entertainment Sign District are that portion of Planned Development District No. 317 (the Cedars Special Purpose District), that is enclosed between the centerlines of Interstate Highway 30, the Dallas Area Rapid Transit right-of-way, Belleview Road, and the MK&T railroad right-of-way.
(b) This division incorporates by reference the provisions of Divisions 51A-7.100 through 51A-7.800 of CHAPTER 51A, “PART II OF THE DALLAS DEVELOPMENT CODE,” as that division exists today and as it may be amended in the future. In the event of a conflict between the provisions of this division and Divisions 51A-7.100 through 51A-7.800, this division controls.
(c) Any portion of the property described in Subsection (a) that was formerly part of the Downtown Special Provision Sign District is no longer considered to be part of that district. This division completely supersedes Division 51A-7.900 with respect to the property described in Subsection (a). (Ord. 24760)
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