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Pursuant to Chapter 160D, Article 10 of the North Carolina General Statutes development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the local government. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy. (Ord. passed - -)
The following procedures pertain to special use permits and are not associated with a Conditional Rezoning. Refer to § 153.072 for procedures to be followed in association with Conditional Rezoning requests.
(A) Purpose. There are many uses identified in Appendix C that are "uses by right" and that are allowed "by right" in each general zoning district subject to the use meeting certain area, height, yard and off-street parking and loading requirements. In addition to these uses, there are some uses in these districts that are "special uses" are and subject to the issuance of a special use permit. The purpose of having special uses is to ensure that these uses are compatible with surrounding development and are in keeping with the purposes of the general zoning district in which they are located. There may be some uses that prior to adoption of this subchapter were allowed as "uses by right" but now are allowed subject to a special use permit SUP. For these uses, any expansion or modification to the uses would be subject to the issuance of a special use permit.
(B) Process.
(1) A pre-application meeting between the applicant and the Administrator shall be required in order to familiarize the applicant of the procedure for securing approval of a special use permit. The Administrator shall accept no special use permit application for review without such meeting having first occurred unless the Administrator determines that such meeting would not serve any meaningful purpose and waives the meeting requirement.
(2) Procedures for application submittal are as follows:
(a) A complete special use permit application that is signed by the applicant and which is accompanied by a submittal fee shall be filed with the Administrator.
(b) The application shall be accompanied by a drawing or plan, drawn to scale, that includes or is accompanied by the following:
1. Name, address and phone number of the property owner (or his agent) and the property identification number of the property;
2. A boundary survey and vicinity map, showing the property's total acreage, general location in relation to adjoining streets, railroads and/or waterways, date and north arrow. The zoning classification of the property in question and contiguous properties shall also be shown. (In lieu of the boundary and survey maps, one or more up-to-date tax maps depicting the area in question may be submitted. Any required drawing or depiction of the proposed development or use shall not appear on the tax maps but rather shall appear on the drawing or plan).
3. All existing easements, reservations and rights-of-way.
4. The name and addresses of all owners, tax parcel numbers and existing land use(s) of all contiguous properties.
5. Proposed use of all land and structures including the number of residential units proposed, if any, and total square footage of nonresidential development.
6. Number and location of all proposed structures, their approximate area and exterior dimensions, height, and proposed number of structures.
7. A description of all screening and landscaping required and/or proposed by the applicant; the delineation of any wooded, landscaped or grassed areas existing prior to development and proposed to remain on the property once the development is completed.
8. Proposed phasing, if any, and approximate completion time for the project.
9. Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency Management Agency (FEMA) flood hazard boundary maps for Gaston County.
10. Traffic, parking and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets.
11. A list of any additional development conditions or standards that differ from those that would normally apply to that use. Only conditions that exceed the Town of Dallas' minimum standards can be considered and listed by the applicant.
12. The Administrator reserves the right to waive the depiction of some or all of the information contained above when, in his opinion, such information is not a requirement of this subchapter for the particular special use being requested. Notwithstanding, if either the Planning Board or Board of Alderman determines that such additional information is needed to render a recommendation or decision on the application, they may require the applicant to submit it prior to rendering a decision.
13. In lieu of showing all of the information in paragraphs above, the applicant may submit a general development plan which shows on the proposed site, by land use type, the areas to be developed for buildings and parking and shall show all points of ingress and egress onto thoroughfares and collector streets.
(c) Additional information. In the course of evaluating the proposed special use, the Administrator, Board of Adjustment, or Board of Alderman may request additional information from the applicant in order to assist in the review process. A request for such additional information shall stay any further consideration of the application by such agency. Such additional requested information may include (but shall not be limited to) the following:
1. Stormwater drainage plan.
2. Existing and proposed topography at five-foot contour intervals or less.
3. The existing and proposed location of all water and sewer lines and fire hydrants intended to serve the proposed development.
4. Proposed number, type, and location of signs.
5. A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer or planner. Information requested to be a part of the impact study may include:
A. Existing traffic conditions within the study area boundary.
B. Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak, and average annual daily traffic levels.
C. The distribution of existing and proposed trips through the street network.
D. Analyses of the capacities of intersections located within the study area boundary.
E. Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way; and
F. Other pertinent information, including but not limited to accidents, noise, and impacts of air quality and other natural resources.
6. Drawings of proposed building elevations.
7. An environmental impact statement that includes some or all of the following:
A. A cover sheet that provides, in summary form, a description of the proposed project;
B. A statement of purpose and need of the project;
C. For projects proposed by public entities, a list of alternatives of the proposed project;
D. A succinct description of the environment affected by the project;
E. A discussion of short and long term consequences of the project on the environment including any adverse environmental impacts which cannot be avoided; and
F. A list of means that could be employed to mitigate any negative effects on the environment caused by this project.
(d) Except as herein provided, no application shall be deemed complete unless it contains or is accompanied by all items listed in Section 5.11.2(B) and as may otherwise be required per Section 5.11.2(C) and a fee, in accordance with a fee schedule approved by the governing board for the submittal of special use permit applications. Said fee shall be waived for any application submitted by any official or agency acting on behalf of the Town of Dallas or the State of North Carolina.
(D) Public evidentiary and decision.
(1) Once an application is deemed complete, public notice must be given per § 153.024 and an evidentiary hearing shall be scheduled at the next Board of Adjustment meeting.
(2) Once the evidentiary hearing has been conducted, the Board of Adjustment shall have up to 45 days to render a decision on the special use permit application from the date their public hearing was concluded. Any such decision shall require the approval of at least three-fourths (¾) of the members of the Board of Adjustment present and not excluded from voting at the meeting at which the decision is made.
(3) Any Board of Adjustment evidentiary hearing relating to a special use permit shall be held in a quasi-judicial manner. Should the Town determine any board other than the Board of Adjustment be assigned decision-making authority for any quasi-judicial matter, that board shall comply with all of the procedures and the process applicable to a board of adjustment in making quasi-judicial decisions.
(4) In approving an application for a special use permit, the Board of Adjustment may attach fair and reasonable conditions to the approval. The applicant must provide written consent to the mutually agreed upon conditions. Such conditions shall be limited to those that address the conformity of the development and use of the site to Town Ordinances and any officially adopted plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
(5) All such conditions shall be entered in the minutes of the meeting at which the permit is granted and also on the approved plans. These may include any subject area regulated in some form within this chapter. These specific conditions may address but shall not be limited to any or all of the following subject areas:
(a) Permitted uses;
(b) Building location and orientation;
(c) Yard dimensions;
(d) Buffer areas;
(e) Signs;
(f) Parking driveways and vehicle circulation patterns;
(g) Designated areas of common open space and for recreation;
(h) Pedestrian circulation;
(i) Loading areas;
(j) Off-street parking;
(k) Number of dwelling units;
(l) Size of commercial structures;
(m) Building height;
(n) Size of dwelling units within multi-family residential developments;
(o) Proposed contours of land following final grading;
(p) Proposed first floor elevations for buildings;
(q) Plans for storm water control;
(r) Location and intensity of lighting;
(s) Timing of development;
(t) Location and extent of rights-of-way and other areas to be dedicated for public use.
(6) The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the Board of Adjustment and Board of Alderman. In no instance shall any of these conditions be less restrictive than any requirements that would pertain to that particular development found in the zoning district in which the property is located. Such conditions may exceed any performance criteria or minimum requirements listed elsewhere in this subchapter that pertain to that development. Such conditions shall be mutually agreeable by the town and the petitioner.
(E) Burden of proof.
(1) The applicant has the burden of producing competent, material and substantial evidence tending to establish the facts and conditions that the items outlined in subsection b require. If any person submits competent, material, and substantial evidence allegedly contrary to any of the facts or conditions listed below, the burden of proof for overcoming such evidence shall rest with the applicant.
(2) Before a permit is granted, the applicant shall demonstrate and the Board of Adjustment shall find:
(a) That the use will not materially endanger the public health, or safety or general welfare if located where proposed and developed according to the plan submitted;
(b) That the use will not create traffic hazards, excessive congestion or hazards to pedestrians within the development and upon the public streets at the points of ingress and egress to such development;
(c) That public facility systems are sufficient to serve the development;
(d) That surrounding properties will be adequately protected from potential adverse effects of the development;
(e) That the development complies with the standards and specifications for the corresponding general zoning districts; and
(f) That the use is consistent with the general plan of development for the area.
(F) Approvals and appeals.
(1) If an application for a special use permit is approved, the owner of the property shall have the ability to:
(a) Develop the use in accordance with the stipulations contained in the special use permit; or
(b) Develop any other use listed as a “permitted use” for the general zoning district in which it is located.
(2) An appeal to a decision made by the Board of Adjustment regarding the issuance of a special use permit may be made to through written notice to the City Manager within 30 days of the Board of Adjustment's decision, the application shall be forwarded for review by the Superior Court Division of the General Courts of Justice of the State of North Carolina by proceedings in the nature of certiorari.
(3) If the Board of Adjustment does not approve the special use permit, the Board shall enter the reason for its action in the minutes of the meeting at which the action is taken.
(4) An appeal to the decision of the Board of Alderman shall be filed with the Clerk of Superior Court in the nature of certiorari in accordance with G.S. 160D-402 within 30 days after the Board of Alderman's decision.
(G) Petition withdrawal. An applicant who has submitted a complete application for a special use permit may withdraw the application prior to a final decision being rendered.
(1) If a petition is withdrawn once an evidentiary hearing has been advertised (via paper, mail, or on-premises sign), a similar petition submitted by that property owner (or his agent) shall not be accepted by the Administrator within 180 days of the date of withdrawal (Note: The purpose of this is to allow petitions to be withdrawn without penalty prior to the posting of any evidentiary hearing notices or submittal of such notice to the newspaper of general circulation).
(2) If said petition is otherwise withdrawn within two business days of an evidentiary hearing where a final decision may have been otherwise rendered, a similar petition submitted by that property owner/or his agent shall not be accepted by the Administrator within one year of the date of withdrawal.
(H) Binding effect. Any special use permit herein authorized shall be perpetually binding to the property included in such permit unless subsequently changed or amended by the Board of Adjustment. All conditions contained in the special use permit shall run with the land and shall be binding on the original applicants, their heirs, successors, and assigns, unless subsequently changed or amended as provided for herein. However, the Administrator may approve minor changes in the detail of the approved application. A "minor change" to the approved special use permit shall be deemed to be a change which:
(1) Will not alter the basic relationship of the proposed development to adjacent property;
(2) Will not increase the gross floor area of any nonresidential use by the smaller of 10% or 10,000 square feet (Note: Such limitations shall be cumulative and shall be based on the gross floor area of the special use permit as originally approved);
(3) Will not decrease the off-street parking ratio below the minimum number of parking spaces required by this subchapter or reduce the yards provided at the periphery of the site, by the lesser of ten feet or 10% of the current existing yard measurement;
(4) Will not increase the height of any structure to the extent that additional usable floor space could be added;
(5) Will not result in an increase in the number of dwelling units constructed; or
(6) Will not alter the uses permitted.
(I) No proposal to amend or change any special use permit shall be considered within 12 months of the date of the original authorization of such permit or within 12 months of the hearing of any previous proposal to amend or change any such permit.
(1) Further changes to the development may be made only by the Board of Adjustment in accordance with this subchapter.
(2) No certificate of occupancy for a use listed as a special use shall be issued for any building or land use on a piece of property which has received a special use permit for such particular use unless the building is constructed or used, or the land is developed or used, in conformity with the special use permit. In the event that only a segment of a proposed development has been approved, the certificate of occupancy shall be issued only for that portion of the development constructed or used as approved.
(J) Period of validity of special use permit. Unless the Board of Adjustment issues a special use permit which either is specifically exempt from any time constraints or has some other specified time period for implementation, the applicant must secure a valid building permit (or certificate of occupancy) within 24 months from date of issuance of the special use permit (Note: The special use permit shall also become null and void unless filed by the applicant with the Register of Deeds within 180 days of permit approval.) If a building permit or certificate of occupancy is not issued at the end of said time period, the special use permit shall automatically expire and shall be deemed rescinded. Such rescission shall not occur if the applicant has secured the vesting of a site development plan for a period of greater than 24 months.
(K) Violations. Any violation of a term or condition of a special use permit shall be treated in the same as a violation of this chapter and shall be subject to the same remedies and penalties as any such violation. Where determined that any term or condition of any special use permit is not being adhered to, staff shall notify the property owner of findings either by certified mail or in persons. In any case where any violation is not corrected or abated within 15 days of the date of such notice, the permit shall thereupon immediately become void and of no effect, and no building permits for further construction or certificates of occupancy under the special use permit shall be issued and all completed structures shall be regarded as non-conforming uses, see § 153.045.
(Ord. passed 12-10-1985; Am. Ord. 1-14-2020; Am. Ord. passed - - )
SIGN REGULATIONS
(A) The following signs shall not be required to have a permit issued from the administrator for their placement.
(B) Any such signs (except government signs) shall be located placed outside of a street right-of-way or required sight distance triangle.
(1) Any official or public notice or warning sign required by a valid or applicable Federal, state, or local law; by a public utility company; or by a court of competent jurisdiction, such as traffic regulating signs, directional signs, caution signs, no-parking signs, warning and trespass signs.
(2) Building marker signs that include the building name, date of construction, or historical data, with a maximum aggregate area of six square feet.
(3) On-premises decorative, seasonal, or corporate logo flags. Decorative, seasonal flags, or corporate logo flags (may include the company name, insignia or symbol) may be up to 16 square feet.
(4) Governmental signs, erected and maintained by or on behalf of the Unites States, North Carolina, Gaston County or the Town of Dallas for the purpose of regulating traffic or for civic purposes.
(5) On-premises public interest signs. Signs indicating vehicular entrances and exits, parking areas, one-way traffic, “no trespassing,” “no loitering,” “help wanted, now hiring,” etc. Such signs may be illuminated, shall not exceed four square feet in area and shall be located at the driveway entrance or where other instruction is required.
(6) Memorial signs, plaques or grave markers that are noncommercial in nature.
(7) Flags, pennants, insignia, or religious symbols of any nonprofit or not-for-profit organization or government, when not displayed as an advertising device or attraction feature for commercial purposes, including non-commercial signs.
(8) On-premises identification signs for residential uses that show the name and may also include the street address, with a maximum area of four square feet. Mailbox signs on mailboxes shall be limited to individual name(s) and the address of the property served by the mailbox.
(9) Incidental signs: on-premise signs which are displayed for the convenience of the general public. These include signs identifying visitor centers, public rest rooms; automobile inspection; hours of operation; credit cards accepted, etc. Such signs may not be illuminated and shall contain no other sign copy other than service information, trade names, and logos. Such signs shall be a maximum of four square feet apiece and are limited to two per property, shall be located on the property of the business to which the sign applies, and shall be located on private property, outside of the street right of way.
(10) Campaign, political and election signs, (adopted 05/10/16), provided that the following conditions are met:
(a) If placed within the street right-of-way:
1. Sign area shall not exceed five square feet;
2. Sign height shall not exceed 36 inches above the street level nearest to the sign; provided however, if sign is located within 12 feet of the point of intersection of the edges of pavement of two intersecting streets, no sign shall exceed 30 inches above the height of said street level.
3. Such sign shall not be put up more than 30 days before the election and must be removed within five days following the date of election. Signs for candidates in a runoff election may stay up until five days following the runoff election day.
4. No such sign shall be placed over any curb, street or highway median, street surface or sidewalk; or on any utility pole, government sign or signpost, bridge, tree, rock, fence, or guardrail; or within 15 feet of any fire hydrant.
5. No such sign shall be placed within two feet of any public street sign or highway sign.
6. Such signs are prohibited within the right-of-way of any fully controlled access highway.
7. The tenant or other person entitled to possession of the property fronting along the street right-of-way on which a sign is placed may remove such sign at any time.
8. Such signs shall not be placed on right-or-way fronting public facilities (e.g. government office or operations center, post office, public cemetery, historic courthouse, public safety station, public library, public museum, public community center, public park, public school, etc.) except on election day where said public facility is a polling place and is placed in accordance with the rules of the Gaston County Board of Elections.
9. Notwithstanding the forgoing, the town shall remove any such signs or group of signs the Zoning Administrator deems to be an obstruction to the safe vision of motorists or is deemed to be in violation of this section.
(b) If placed on private property, outside the street right-of-way;
1. Sign area shall not exceed 32 square feet.
2. No such sign may be placed on private property without permission of the owner. The property owner upon whose land the signs are placed will be responsible for any violations.
3. Sign height shall not exceed ten feet or 2.5 times the vertical dimension of the sign face, whichever is less.
4. No such sign shall obstruct the safe vision of motorists.
(c) Irrespective of location, no campaign or election sign shall be lighted or luminous, nor shall it have any flashing lights, moving or windblown parts.
(11) Temporary real estate signs advertising a specific property for sale, lease, rent or development, or "open houses" shall be located as follows:
(a) For sale, for lease, for rent signs.
1. One sign per street frontage advertising real estate “For Sale,” “For Rent,” “For Lease,” or “For Development.”
2. The maximum area of such sign shall be as follows: four square feet in a residential district.
3. Thirty-two square feet in area in all other districts.
4. Such allowances shall be followed provided that the sign is located on the property being advertised, and sign is located behind the street right-of-way line.
5. Up to eight off-premises temporary directional signs per residential development for the purpose of providing directions to multiple new dwellings for sale or lease; provided:
A. Each such sign is no larger than three square feet in size and four feet in height;
B. Is attached to its own support anchored in the ground; and
C. Signs are allowed only between 6:00 p.m. on Fridays and 6:00 p.m. on Sundays.
6. Two off-premises directional signs per residential dwelling for sale; provided that each off-premise sign is no larger than two square feet in size and two and a half feet in height, and is attached to its own support anchored in the ground.
(b) "Open House" signs:
1. No greater than four off-premises signs shall be allowed per open house event.
2. Such signs shall be in place from 6:00 p.m. on Fridays until 6:00 p.m. on Sundays only.
3. Open House signs shall not exceed three square feet in size and four feet in height.
4. No sign allowed under this subsection shall be illuminated.
(c) Any real estate sign located in the public right-of-way shall be deemed a violation of this ordinance and may be removed by the administrator and destroyed without notice.
(d) No signs shall be located within 15 feet of any fire hydrant.
(12) Construction/improvement signs (including financing signs and future development signs) are allowed under the following conditions:
(a) Signs in conjunction with any residential use shall not exceed four square feet each. Signs in conjunction with all other uses shall have a maximum area of 32 square feet each.
(b) One sign per premises shall be allowed, shall not be illuminated and shall appear only at the construction site and shall be removed within seven days after a certificate of occupancy for the advertised property has been issued.
(13) Subdivision/multi-family development/planned residential development identification signs shall be allowed under the following conditions:
(a) Such signs may be placed at each principal entrance to the development.
(b) Such signs shall not exceed 32 square feet in area apiece.
(c) Such signs may not be placed in a street median (i.e., in a street right-of-way).
(d) Such signs shall not consist of yard signs, flags, feather flags, etc. and shall be removed after the development is completed.
(14) On-premises temporary banners and signs for nonresidential uses located in nonresidential districts for promotional event or grand opening, provided that:
(a) For a continuous advertising period not to exceed 14 days, on-premises banners, balloons less than two feet in diameter, pennants, and flags (including "feather" flags), for special events (promotional sales, products, etc.) are permitted so long as said signs/objects are not located in a street right-of-way.
(b) Within any calendar year, any use may be permitted temporary signs of this nature for no greater than three, non-consecutive 14-day (two week) periods. No such banners, signs or balloons shall be placed on a roof, shall have a maximum area of 24 square feet and no more than three on-premises banners or signs shall be allowed during each advertising period.
(15) Sandwich board signs: sandwich board signs shall be allowed provide the following requirements are met:
(a) The total area of the signboard shall not exceed ten square feet per side.
(b) The sign shall have a maximum height of five feet and a maximum width of two feet.
(c) The sign must be constructed of materials that present a finished appearance. Rough-cut plywood and similar unfinished surfaces shall not be used for such signs.
(d) Signs may be placed in a sidewalk or within a street right-of-way (but outside a vehicular travel way) as long as they do not interfere with pedestrian or vehicular movement and circulation.
(e) Signs shall be removed by the end of the business day.
(16) Commercial signs placed in an athletic field and other outdoor space where such signs are intended to be visible by persons attending such events at such facilities.
(17) Holiday decorations, with no commercial messages. Such decorations may be placed outside of the street right-of-way and may be displayed between November 15 and January 15.
(18) Off-premises permanent directional signs for public, non-profit uses (churches, etc.) provided that:
(a) Such signs shall be permanent ground signs. Portable signs shall not be allowed.
(b) No greater than two directional signs per use shall be allowed, irrespective of location.
(c) No two directional signs shall be located within five linear feet of each other.
(d) All directional signs in this category shall be constructed of durable wood or non-reflective metal or plastic materials.
(e) Directional signs shall not be illuminated.
(19) Special event signs for public, quasi-public or not-for-profit organizations. Such signs may be erected by organizations (e.g., schools, churches, etc.) without a permit under the following conditions:
(a) The sign is in association with a special event (e.g., barbeque, rummage sale, fair, etc.).
(b) Such signs shall be non-illuminated and shall have a maximum area of 32 square feet.
(c) For scheduled events such as rummage sales, fund-raising events, fairs, festivals, barbeques, etc., on-premise signs only (including portable signs) shall be allowed.
(d) Such signs may be erected 14 days prior to the event and shall be removed within 72 hours of the termination of the event.
(20) Window signs, intended to be seen by pedestrians, motorists or customers from the outside of the building, from an adjoining street. This pertains to signs placed on the inside of glass windows and doors and does not include exterior wall signs which require permits.
(21) Yard sale/garage sale/estate sale/auction signs provided that:
(a) Such signs may not be illuminated, may be placed within 24 hours prior to the sale, and removed within 12 hours after the event.
(b) Each sign may have a maximum area of six square feet. Such signs may be placed on or off-premises. If off-premises, permission of the property owner is required.
(c) A maximum of three off-premises signs and one on-premises sign is allowed per yard sale.
(d) No such signs are allowed on telephone poles, sign poles, etc. These signs must be free standing (on their own supports). Notwithstanding the forgoing, the Town of Dallas shall remove any such signs or group of signs the Zoning Administrator deems to be an obstruction to the safe vision of motorists or is deemed to be in violation of this chapter.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 5-10-2016; Am. Ord. passed 7-12-2016)
(A) Installation of a new electronic variable messaging sign, or the conversion of a permitted non-digital sign to a digital sign, requires the issuance of a zoning permit. The addition of any digital display to a nonconforming sign is prohibited. Zoning permits may be revoked for any illuminated signage installed without first obtaining all required building and electrical permits and inspections from Gaston County.
(B) Location.
(1) Electronic variable messaging signage must be located a minimum distance of 25 feet from any street or highway intersection and a minimum distance of 150 feet from any residential zoned area.
(2) EVM signage located within the B-3 zone requires approval by the Board of Alderman in addition to the requirements outlined in this section.
(3) EVM signage shall not be located within a sight distance triangle as defined by NCDOT on properties abutting a state road, or as defined by § 153.012 on properties located along local roads.
(C) Appearance.
(1) Height. Message center signs and digital displays shall have the same height limits as other permitted signs of the same type and location.
(2) Size. Detached electronic variable messaging signage shall not exceed 50 SF in size. Attached EVM signs are restricted to a maximum size of 20% of building facade width x 10 feet, or 60 SF, whichever is less.
(3) Brightness. Message center signs and digital displays are subject to the following brightness limits:
(a) During daylight hours between sunrise and sunset, luminance shall be no greater than 5,000 nits.
(b) At all other times, luminance shall be no greater than 250 nits.
(c) Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change. To comply with the limits set here within.
(D) Message duration. The length of time each message may be displayed on a message center sign, digital display, or tri-vision board sign shall be ten seconds minimum.
(E) Public service announcements. The owner of every message center sign and digital display shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.
(F) Type-specific regulations.
(1) Digital display signs are subject to the following regulations in addition to all other requirements established in the town's sign ordinance.
(a) Area. When used as an on-premises sign, digital displays shall not exceed more than 30% of the total sign area permitted on the site.
(b) Maximum number per property. Where permitted, one digital display sign is permitted per property
(c) Message display.
1. Any digital display containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.
2. One message/display may be brighter than another, but each individual message/display must be static in intensity.
3. The content of a digital display must transition by changing with no transition graphics (e.g., no fade-out or fade-in).
4. Default design. The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.
(2) Message center signs are subject to the following regulations, in addition to all other illumination requirements established in the town's sign ordinance.
(a) Area. When used as an on-premises sign, message center signs shall not exceed 50% of the sign area for any one sign, and shall not exceed more than 30% of the total area for all signs permitted on a property.
(b) Maximum number. Where permitted, one message center sign is permitted per street frontage, up to a maximum of two message center signs per property.
(c) Message display.
1. No message center sign may contain text which flashes, pulsates, moves, or scrolls. Each complete message must fit on one screen.
2. The content of a message center sign must transition by changing with no transition graphics (e.g., no fade-out or fade-in).
3. Default design. The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.
(G) Electrical standards.
(1) The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables.
(2) The owner of any illuminated sign shall arrange for a certification showing compliance with the brightness standards set forth herein by an independent contractor and provide the certification documentation to the Town of Dallas as a condition precedent to the issuance of a sign permit.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972; Am. Ord. passed 6-12-2012; Am. Ord. passed 7-9-2019; Am. Ord. passed - - )
Signs shall not be permitted in accordance with specified regulations set forth in Appendix D: Sign Regulations Schedule.
(Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)
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