Chapter 7 Billboards and Signs

Which, for at least ninety (90) consecutive days, has not identified or advertised a bona fide business, lessor, service, owner, product, or activity, or advertised a time which has passed or an event which has occurred; or

Which has been dilapidated for thirty (30) days or more; or

Advertising sign billboard

For which the city cannot determine the identity of a legal owner.

means a sign which constitutes a primary use of land (not an accessory use) and which directs attention to a business, product, activity, or service which is not conducted, sold, offered, or located on the premises on which the sign is located.

Advertising structure with regard to a sports facility

means any structure erected in conjunction with and on the same site as a sports facility for the purpose of advertising the facility as well as any product, business or service.

Advertising vehicle (inoperable)

means any vehicle on which has been placed, painted, or attached symbols or verbiage advertising a product or service and which is either inoperable or which lacks either a valid Texas motor vehicle inspection sticker or valid Texas vehicle registration tag.

Advertising vehicle (operable)

means any vehicle on which has been placed, painted, or attached symbols or verbiage advertising a product or service and which does not qualify as an inoperable advertising vehicle.

Awning

means a shelter supported entirely from the exterior wall of a building.

Awning sign

means a sign whose message is directly applied to an awning of a building. A sign attached to or painted upon an awning and visible to the exterior shall be considered a wall sign.

Banner sign

means a sign designed to be hung with or without a frame, and which has characters, letters, illustrations, or ornamentation applied to cloth or flexible material of any kind.

Billboard

means an outdoor advertising sign or structure, which advertises a use, product, or service not found on the premises on which the sign is located. A billboard is also known as an off-site advertising sign.

Canopy

means a roof-like structure designed to provide protection for objects, pedestrians and vehicles.

Canopy sign

means a sign mounted on or attached to a canopy.

City

means the City of Irving.

City council

means the city council of the City of Irving.

Common area with regard to a shopping mall

means the covered common pedestrian area within a covered mall building, which serves as access to the various tenant areas or other amenities within the mall.

Community service sign

means a sign that displays a public service message to the public such as time, temperature, weather conditions, etc.

Comprehensive development

means two (2) or more adjoining lots or lots separated only by right-of-way in accordance with section 7-7 of this chapter which are operated as a single premises for purposes of access and parking in accordance with a written agreement of the property owners.

Destroyed

means, with regard to a sign, that the sign is damaged or deteriorated to the extent that the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location.

Digital image

means a static electronic image produced by digital technology displaying the full color spectrum with a television quality image.

Dilapidated sign

means a sign which is decayed, deteriorated, or which has fallen into partial ruin that:

Has any portion of the finished material or surface of the message portion of the sign that is visibly faded, flaked, broken off, missing, cracked, splintered, or defective or that is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or

Director of traffic and transportation

Has an element, structural support, or frame member that is visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected.

Directional sign

means a sign, located on private property, which directs vehicular traffic. The sign may display arrows, words, or other symbols to indicate the direction of the facilities. No goods or services for sale may be listed.

Director

means the director of the department of inspections of the City of Irving and his or her designee.

means the director of traffic and transportation of the City of Irving and his or her designee.

Easement

means a right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another. It is either for the benefit of appurtenant land such as for the right to cross, or in gross, such as a public utility easement, or in specific, such as an exclusive utility easement. An easement may or may not have descriptive bounds.

Electric-discharge lighting

means a system of illumination utilizing florescent lamps, high intensity discharge (HID) lamps, or neon tubing.

Electronic sign

means a sign, display, or device that changes its message by programmable electronic processes; utilizes digital images or light-emitting diode technology; or employs electronic variable messages in any manner. This term includes but is not limited to: digital sign, electronic message center, electronic video screen, LED sign, and sign with a digital image.

Flag

means any cloth or flexible fabric displayed on a pole, professionally designed and installed solely for the purpose of displaying the flag.

Front façade

means a face of the building which faces a public street; or where no building façade faces a public street, the façade which contains the door open to the public during business hours.

Front side with respect to a building canopy

means any side parallel to or more nearly parallel to than perpendicular to the building wall to which the canopy is attached.

Governmental sign

means a sign required, authorized, or installed by a governmental entity.

Lateral side with respect to a building canopy

means any side perpendicular to or more perpendicular to than parallel to the building wall to which the canopy is attached.

Law

means any constitution, statute, ordinance, rule, or regulation of the United States, the State of Texas, the City of Irving, or any of their agencies or subdivisions.

Lighting

means the illumination of a sign face by a hidden source of light interior to the sign or by a source of light exterior to and not a part of the sign.

Logo

means any design or insignia of a company or product which is commonly used in advertising to identify that company or product.

Marquee

means a permanent roofed structure attached to and supported by the building and projecting over public property.

Median

means a divider being a strip of land between oncoming lanes of a roadway.

Menu board sign

means an outside sign utilized by the public patronizing a drive-through business as to a bill of fare or other products or services.

Monument sign

means a sign resting on the ground immediately below it or with the bottom of the sign within eighteen (18) inches of the ground immediately below it.

Multi-family

means any property in any zoning district that allows four (4) or more residential units on one (1) lot.

Multi-tenant directory sign

means a sign which is an accessory use of land and which directs attention to more than one (1) business, commercial use or corporate location in the same development in which the sign is located.

Mural

means a depiction painted on or attached to an exterior structure, which represents an historical event, tourist attraction or other message and that does not advertise services or products available for sale or consumption on the premises.

Neon or luminous gas tubing

means electric-discharge tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting, other decorative elements, or art forms, and filled with various luminescent inert gases including, but not limited to, neon, argon and krypton.

Neon tubing sign

means a sign attached directly to a exterior wall surface or exterior roof surface neon tubing forming a border for advertising subject matter, directing attention to advertising subject matter, or forming letters, logos, or pictorial designs.

Noncommercial sign

means a sign which conveys a message other than commercial advertising.

Painted wall or painted roof sign

means any sign that is painted directly on a wall or roof surface.

Pennant

means any lightweight plastic, fabric, or other material whether or not it contains a message of any kind, suspended from a rope, wire or string designed to move in the wind and whether existing in a series or individually.

Person

means any individual, corporation, partnership, joint venture, association, group of individuals, or other legal entity.

Pole sign

means a sign which is supported by one (1) or more columns, poles, uprights, or braces in or upon the ground and which is not part of a building. The phrase includes billboards and pole signs supported by and placed on a single pole or standard.

Portable sign

means a sign which can be easily moved from place to place.

Projecting sign

means a sign which is attached or affixed perpendicularly or more perpendicularly than parallel to a building wall or structure other than a pole and extends or projects from it more than twelve (12) inches.

Public right-of-way

means a strip of land which is used as a roadbed for a street, alley, highway intended for use by the public at large, or land set aside as an easement or in fee, either by agreement or condemnation.

Real estate sign

means a sign which advertises a parcel of land or a structure for rent, lease, or sale. The phrase includes subdivision signs and model home signs.

Residential district

means a district zoned for residential use in the City of Irving comprehensive zoning ordinance excluding multi-family.

Residential subdivision sign

means a sign identifying a residential subdivision actively marketing developed lots for sale.

Responsible person defined

means the sign permit applicant, owner, agent, person or persons having the beneficial use of the sign, the owner of the land or structure on which the sign is located, the person responding on behalf of such advertising, and the person in charge of erecting the sign are all subject to the provisions of this chapter.

Roof sign

means a sign or sign structure.

Erected on a vertical framework supported by and located immediately and entirely over the roof of a building;

Attached to a fascia extending above or below the projection of the fascia; or

Subdivision identification sign

Painted or otherwise affixed on a roof, including architectural and decorative mansard roofs.

Revolving sign

means a sign, which revolves on, revolves around or revolves about a structural support. A structural support can be a pole, building or other type of support. Revolving parts within or upon a display surface shall not be construed as a revolving sign.

Setback

means the distance from the property line or right-of-way line of all streets adjacent to the premises on which a sign is located to the part of the sign closest to the property line or right-of-way line.

Sign body

means a portion of a sign that may provide protection from the weather, but is not an electrical enclosure.

Sign

means a lettered surface or other physical display used to identify, advertise, warn, direct, inform, or propound.

Sign contractor

means a person who, for remuneration, erects, maintains, constructs, or reconstructs a sign on the premises of another. It does not mean the owner or an employee of the owner who owns or leases the premises on which the sign is located when the sign advertises the business on whose property the sign is located.

Sign contracting

means engaging in the business of erecting, maintaining, constructing, or reconstructing signs.

Sign envelope

means the area of the sign on which any message, graphic, illustration, etc. extend as illustrated in Figure 1.

Sign face

means the surface of the sign upon, against, or through which a message is displayed or illustrated, not including the sign structure or frame.

Sign reface

means the alteration of or reconstruction of the sign face, not including the sign structure or frame.

Sign structure

means any part of a sign including the base, supporting columns or braces, display surface, or any other of its appendages.

Skeleton tubing

means neon tubing that is itself the sign or outline lighting and not attached to an enclosure or sign body.

Sporting activities

includes, but is not limited to, baseball, basketball, football, ice hockey, rugby, track and field, soccer, and wrestling.

Sports facility

means any facility which is enclosed by walls; expressly designed for the conduct of sports activities; owned by the state, a political subdivision of the state, a public or private school, a college, or a university; in which sports activities are conducted from time to time; and which has a seating capacity of five thousand (5,000) or more spectators.

Streamer

means a narrow free-floating strip of cloth, paper, plastic, or similar material.

means a sign which permanently identifies a residential subdivision and which will be maintained through the provision of deeds and covenants associated with a homeowner's association.

Temporary sign

means a sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials, with or without frames which is not permanently attached to the ground, wall or building, and which is intended to be displayed for a short period of time only.

Unified sign agreement

is a document signed by property owners providing property owner authorization authorizing placement of multi-tenant directory signs in lieu of any pole signs in the development.

Wall sign

means a sign attached to a wall, window, awning, canopy, parapet or marquee of a building with the sign facing parallel to and not more than twelve (12) inches from the wall surface.

Window sign

means a sign which is applied on or over a window or is designed primarily to be visible through a window from the exterior of a building. A sign applied on or over a window and visible through a window from the exterior of a building is a wall sign.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2009-9059, § 1, adopted 4/9/2009; Ordinance 2010-9216, § 1, adopted 10/22/2010; Ordinance 2010-9228, § 1, adopted 12/9/2010)

§ 7-2 General provisions.

It is unlawful for any responsible person to own, operate, use, erect, benefit from, permit, or maintain any sign that is not in compliance with each of the applicable following general provisions:

Each sign shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises on which the sign is located. It is an affirmative defense to this subsection that the sign is a non-commercial, directional, governmental, community service sign.

Each sign shall be erected and maintained in compliance with:

The building and electrical code and all other applicable laws in effect when the sign was installed; and

All electrical power sources for all signs must be located underground if installed after November 30, 2000.

Each sign shall be professionally manufactured, contain unified graphics and architecturally complement the building of the business it advertises, in accordance with sign design guidelines adopted as Appendix A. Hand painted signs are prohibited. All weather materials shall be used. Except for temporary signs described in section 7-11 and directional signs, plywood and materials similar to plywood are prohibited.

No sign's copy, face, lettering, or location shall be altered by changing the message or by renovating an existing message until a sign permit for the work has been issued by the director. It is an affirmative defense to this subsection that the sign is altered only by changing a temporary message made from interchangeable characters attached to tracts or grooves on the sign board or by changing image on an electronic sign. It is an affirmative defense to this section that the sign does not require a permit.

No person shall erect a sign until a sign permit for the work has been issued by the director if a permit is required by this chapter. The director shall not issue a permit for a general business sign to any business without a valid certificate of occupancy.

No sign, sign structure, or sign support shall project over any public right-of-way. It is an affirmative defense to this subsection that the responsible person has obtained a license to occupy the right-of-way from the city council and the sign is:

Placed on a wall of a building which is on a property line adjacent to the public right-of-way;

The sign projects no more than sixty (60) inches over the right-of-way or closer than one (1) foot from the curb;

The right-of-way contains a sidewalk of at least sixty (60) inches in width;

The right-of-way is not a roadway or lane for traffic; and

The sign is not less than nine (9) feet above the pavement or ground, immediately below the sign.

No person shall use a bench, tree, rock, bridge, public utility pole, or unoccupied building as a sign support.

No person shall use a fence as a sign support.

No sign shall be in the direct line of vision of any driver or pedestrian looking at any signal light or traffic control sign or other such device from any point in a traffic lane within fifty (50) feet of the traffic control device unless the owner or operator has obtained specific approval for its location in writing from the director of traffic and transportation.

No sign display or device used to attract attention shall include a revolving beam or beacon of light resembling an emergency vehicle light including lights visible to traffic which are mounted inside or outside a building. It is an affirmative defense to this subsection that the display or device is required or permitted by law to include a beam or beacon of light.

(11)

No light illuminating a sign shall shine, produce intense glare, or produce direct illumination directly on a public right-of-way or on property adjacent to the property on which the sign is located. It is an affirmative defense to this subsection that the light back-lights a sign by passing all the light through a translucent material and is not bright enough to create a hazard, nuisance, or interfere with the vision of a driver on any adjacent roadway.

(12)

No sign shall obstruct the view of a driver of any other vehicle or of a pedestrian on a public or private street or of a driver or a pedestrian entering a public or private street. It is an affirmative defense to this subsection that:

The director of traffic and transportation has issued an opinion in writing that the sign does not violate this subsection; and

That the sign is substantially unchanged from the time that opinion was issued.

(13)

Each temporary sign situated within fifteen (15) feet of a public right-of-way shall have a height of not more than two and one-half (2½) feet from the ground or top of the curb, whichever provides the greatest visibility, to the top of the sign, and is not located in an intersection. It is an affirmative defense to this subsection that the sign is a wall sign on a wall which complies with all applicable setback and height requirements of the comprehensive zoning ordinance.

(14)

The owner of a sign:

Located in a public or utility easement, regardless of permission obtained to erect said sign, shall remove it at his or her expense on demand of the city or utility company, according to the terms of said easement.

Installed in an easement shall design, construct and maintain said sign as not to interfere with said easement.

(15)

No portion of any sign shall be nearer than eight (8) feet from any above ground telephone cable, power line, or street light standard.

(16)

No sign shall be nearer than six (6) feet from any part of a fire escape, required fire exit, or from any supporting member of a fire escape. No sign shall be guyed to or supported by any part of a fire escape.

(17)

Each sign shall be protected from vehicle damage as required by the director.

(18)

It is unlawful for any responsible person to own, operate, use, maintain, display, erect, locate, relocate, or keep any abandoned, obsolete, dilapidated or destroyed sign.

(19)

It is unlawful for any responsible person to own, operate, use, maintain, display, erect, locate, relocate, or keep a sign that has faces at an inside angle to one another greater than ninety (90) degrees. It is an affirmative defense to this subsection that the sign is located on a corner of a corner lot, that the inside angle of the faces is no greater than ninety (90) degrees and there are no other signs along the sides of the lot forming the corner the sign occupies unless those lot sides are greater than three hundred (300) feet long and the other signs are fifty (50) feet or farther from the corner sign.

(20)

No person shall obscure a sign with any material. It is an affirmative defense to this subsection that the covering and the period of time it may cover the sign were authorized by the director or the director of traffic and transportation.

(21)

Sign envelope size measurements shall comply with Figure 1 (attached to this chapter).

(22)

On property parallel and adjacent to the Railtran's track right-of-way only wall signs in compliance with section 7-3 are permitted.

(23)

It is unlawful for any person to erect or maintain a pole sign or, monument sign twenty (20) feet, or taller unless the director has issued a permit for the sign issued on the basis of an application made under the seal of a structural engineer licensed by the State of Texas. Signs twenty (20) feet tall or taller shall be designed to comply with the current building code and withstand seventy (70) mile per hour winds.

(24)

No person shall artificially increase the grade elevation by the construction of a berm or other topographical contour in order to elevate the height of a pole sign or monument sign unless authorized by the director.

(25)

All signs shall meet the standards of the City of Irving building codes, additionally, every sign, whether any permit is required for such sign, shall be maintained in a safe, presentable, sound structural and operational condition at all times. Signs not meeting the standards required by this chapter shall be subject to removal or repair.

(26)

Except for sign setback requirements specifically noted elsewhere in this chapter, where applicable, signs shall comply with the setback requirements as required by the landscape ordinance, as follows:

It shall be unlawful for any person, firm, corporation or association of persons to build, construct, erect or reconstruct any sign (other than monument signs erected in lieu of pole signs and in conformance with Chapter 33A of the City of Irving Code of Civil and Criminal Ordinances) within thirty (30) feet of the right-of-way of:

State Highway Loop 12;

State Highway 183;

State Highway 114;

Belt Line Road;

Grauwyler Road between State Highway Loop 12 and State Highway 183; and

State Highway 356 between Sowers Road and State Highway 183.

Interstate Highway 635;

State Highway Spur 348;

State Highway Spur 482; and

State Highway 161.

(27)

No outdoor sign shall bear a word, mark, description or other device that is used to advertise an alcoholic beverage or the business of a person who sells or distributes an alcoholic beverage except as provided in Texas Alcoholic Beverage Code § 108.52(c).

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2010-9216, § 2, adopted 10/22/2010; Ordinance 2010-9228, § 2, adopted 12/9/2010)

§ 7-3 Special provisions.

It is unlawful for any person to own, operate, use, erect, benefit from, permit, or maintain any sign that is not in compliance with each of the applicable following special provisions:

Awning signs shall:

Be constructed of material as required by the building code;

Be included in the calculation of total wall sign area;

Not extend above the roofline; and

Be limited to single story buildings or to the first level only of multi-story buildings.

Banner signs shall:

Be ground mounted such that it is set back at least twenty-five (25) feet;

Be limited to only one (1) sign per each building for a special event, as defined in [subsection] 7-3(15). A building with street frontage in excess of three hundred (300) feet may have an additional banner sign to a maximum of two (2) banners on that street frontage;

Not impede any door, window, exit, or pedestrian traffic on public or private walkways;

Be maintained in good condition;

Not be sagging, tattered, torn, dirty, or faded;

Be removed from the property upon vacation of the building and/or business which is advertised by the sign;

Not exceed seventy (70) square feet in area; and

Not be installed upon a fence.

Canopy sign attached to a canopy which is attached to a building shall:

Be included in the calculation of total wall sign area. Not exceed in length twenty-five (25) percent of the length of the wall to which the face of the canopy is parallel;

Not project beyond the width of the canopy, nor above the top of the canopy;

Not extend above or beyond the parallel face of the wall to which the canopy is attached;

Not be more than one (1) per business;

Not be used for off-premises advertising; and

Have a bottom edge not less than nine (9) feet above the ground or pavement below.

Canopy signs on freestanding canopies or detached accessory island canopies shall.

Be included in the calculation of total wall sign area. Not exceed in length twenty-five (25) percent of the length of the wall to which the face of the canopy is parallel;

Not project beyond the width or length of the canopy or above the canopy; and

Not be less than nine (9) feet from the ground or pavement below.

Menu board signs shall:

Be located behind the building line of the property;

Be limited to no more than two (2) signs per drive-through lane;

Have a sign envelope that does not exceed thirty-two (32) square feet in area; and

Require a permit for each sign; however, the sign or signs shall not count towards the number of pole signs allowed on the property.

Electronic signs shall:

Not exceed forty (40) square feet in area;

Be located one hundred (100) feet or more from residentially zoned property;

Be installed as a component of:

A monument sign or multi-tenant sign that:

Does not exceed seventy (70) square feet in area;

Is a maximum seven (7) feet in height; and

iii.

Is oriented perpendicular to the primary road; or

A wall or canopy sign that:

Complies with the dimensional limits set forth in subsection 7-3(14); and

Is limited to no more than one (1) image change per day.

For purposes of this subsection, the term wall sign does not include window, awning, or projecting sign.

Comply with the following performance standards:

Not display any illumination by flashing, intermittent or moving lights; not contain or display animated, moving video or scrolling elements; nor project a static image upon a stationary object;

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

A change of message must occur simultaneously on the entire sign face;

Contain a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

Will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

Not have lamp(s) or lighting that is bright enough to interfere with the vision of a drive on an adjacent road; and

The sign owner shall provide contact information for a person who is available at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within one (1) hour of a request by the director to a level acceptable for traffic safety.

It is an affirmative defense that legally installed electronic signs in existence at the time of the passage of this subsection may remain, but the electronic sign must be brought into compliance with the performance standards as described subsection 7-3(6)d within ninety (90) days of the passage of this subsection unless an earlier compliance deadline was established by an approved special sign case or zoning change.

Monument signs:

One (1) monument sign is allowed for each platted lot or tract of land for the first three hundred (300) feet of street frontage. A platted lot exceeding three hundred (300) feet of street frontage may have an additional monument sign to a maximum of two (2) monument signs on that street frontage. Each side of the lot that abuts a public street shall be considered separately for this calculation. Such signs may be single or double faced.

May be located within a designated landscape and setback area.

Shall be a minimum of fifty (50) feet from any other pole sign or monument sign.

Shall not exceed the following heights and areas:

Maximum height: Seven (7) feet including base, measured to ground level at base, or nine (9) feet with performance-based enhancements as indicated in Item (7) f.

Exceptions:

For lots over three (3) acres or anchor tenants over twenty thousand (20,000) square feet: Twelve (12) feet or fifteen (15) feet with performance-based enhancements as indicated in Item (7) d.

For lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183: Twenty (20) feet.

Maximum area: Seventy (70) square feet of sign face or ninety (90) square feet with performance-based enhancements as indicated in Item (7) f.

Exceptions:

For lots over three (3) acres: One hundred (100) square feet of sign face or one hundred twenty-five (125) square feet with performance-based enhancements as indicated in Item (7) d.

For lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183: One hundred fifty (150) square feet. The sign must be located adjacent to a highway.

Structure shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of a metal "can" may be left exposed.

Performance-based enhancements: Additional height and area may be granted by the Director if all of the following enhancements are included within the sign:

Architectural materials, features and design matching building;

External lighting, typically ground-mounted;

Landscape ratio of 1:1 for ground area to sign area;

Contrasting sign colors;

Specific panel size for individual tenants; and

Other design elements as identified in the sign design guidelines, adopted as Appendix A.

Multi-tenant directory sign shall:

Be limited to one (1) monument sign in a unified business, commercial, or corporate location of less than five (5) acres; a unified business, commercial, or corporate location of more than five (5) acres shall be allowed an additional multi-tenant monument sign to a maximum of two (2) multi-tenant signs;

Be in lieu of another pole or monument sign in the development;

Have the same maximum height and area requirements as provided for monument signs, provided in section 7-3(7).

Pole signs shall:

Be allowed only on lots abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183 in accordance with the requirements of this chapter;

Not exceed the following heights and areas:

Maximum height: thirty-five (35) feet, measured from the grade of the curb adjacent to the highway right-of-way. The sign must be located adjacent to a highway.

Maximum area: one hundred fifty (150) square feet. The sign must be located adjacent to a highway;

Provide a minimum of nine (9) feet clearance between the bottom edge of the structure and the grade below when installed over a parking or walking surface;

Be set back with the leading edge of the sign at least twenty (20) feet from the right-of-way or comply with the setback requirements of this chapter or chapter 33A, whichever is the most restrictive;

Be a minimum of fifty (50) feet from any other pole sign or monument sign; and

Be limited to no more than one (1) pole sign per highway frontage, for each platted lot or tract of land abutting Interstate Highway 635, State Highway Loop 12, State Highway 114, and State Highway 183.

§ 7-3.1 Special sign permit for on-premises electronic signs.

Vertical-banner signs shall be allowed only for a special event as provided in section 7-3(15) and shall:

Not have an envelope that exceeds eight (8) feet vertically by thirty-five (35) inches horizontally with a sleeve at the top and bottom;

Have the bottom edge of the banner no closer than eight and one-half (8½) feet from the surface below it;

Be maintained in good condition; and

Not be sagging, tattered, torn, dirty, or faded.

(11)

Projecting signs shall:

Be limited to the location requirements of wall signs, and included in the calculation of total wall sign area;

Not have an outer edge that extends more than nine (9) feet six (6) inches from the building face nor closer than one (1) foot from the back of the curb;

Not have an inner edge that extends more than twenty-four (24) inches from the face of the building;

Not have the sign frame nearer than twelve (12) inches to the face of the building unless the space between the building and the sign is completely enclosed;

Have a maximum height of twelve (12) feet from the bottom of the sign to the top of the sign and in no case shall extend more than three (3) feet above the roofline; and

Not have a bottom edge of the sign less than nine (9) feet above the ground or pavement below.

(12)

Flags and flagpoles.

Maximum height: Thirty-five (35) feet. There is no maximum height for a flagpole displaying the flag of the United States.

Maximum area: One hundred fifty (150) square feet. There is no maximum area for the flag of the United States.

Placement: Roof mounted flags are prohibited. Flags shall not protrude over the right-of-way. Flagpoles shall be setback a minimum of fifteen (15) feet from back of street curb and edge of street pavement.

Maximum number: Limited to three (3) flag poles per lot and three (3) flags per lot.

Flag copy: Insignia of any governmental body or private organization or company, decorative displays for holidays and/or public demonstrations.

(13)

Real estate signs.

Residential subdivision signs.

A residential subdivision shall not have located in it more than one (1) residential subdivision sign with a maximum envelope surface of seventy (70) square feet at each side of each entry to the subdivision.

Each residential subdivision sign shall have a minimum setback of fifteen (15) feet from the right-of-way.

Residential subdivision signs shall be removed immediately upon occupancy of ninety-five (95) percent of the lots in the subdivision.

Model homes.

Each model home shall have no more than one (1) sign with a maximum envelope surface of thirty-two (32) square feet.

Each model home sign shall be located on the premise on which the model home is located and shall not be located in a sight easement.

Each model home sign shall be removed as soon as the model home is used for a residence.

(14)

Wall signs (including window, luminous gaseous tubing, awning, canopy and projecting signs):

Shall not have the exposed face more than twelve (12) inches from the wall, canopy, mansard, marquee, or wall of the building. It is an affirmative defense to this subsection that the wall sign is an electric wall sign which projects not more than eighteen (18) inches from the wall;

Shall not extend above or beyond the parallel face of the wall to which the sign is attached;

All wall signs of any character, in aggregate area, shall not exceed twenty-five (25) percent of the area of the largest facade of the building or lease space. The area of vehicle bay doors shall be excluded from the calculation of the area of the largest facade; and

Shall be limited to the walls of the tenant space or business that it advertises.

(15)

Special event signs: The purpose of a special event sign permit is to allow a business two (2) times a year to benefit from special advertising signs which are not usually permitted by the provisions of chapter 7. A special event includes, but is not limited to, a grand opening for a new business or a business that has substantially remodeled. The special event sign permit is limited to the address noted on the certificate of occupancy. If an event is a grand opening, opened within one hundred and eighty (180) days of receiving a certificate of occupancy (CO), the business may apply for a one (1) time thirty-day special event sign permit, which counts as one (1) of the two (2) special event signs allowed per year. All other special event sign permits shall be valid for fourteen (14) days.

(16)

Directional signs shall:

Comply with all the vehicular visibility requirements of this chapter;

Not exceed five (5) square feet in area;

Be limited to one (1) directional sign, per entrance, per a platted property. It is an affirmative defense to this requirement that a wall mounted or freestanding directional sign is intended for internal circulation only and which is not legible from a public or private street;

Not list goods or services for sale;

Not exceed a height of two and one-half (2½) feet from the ground or top of the curb, whichever provides the greatest visibility, to the top of the sign; and

Meet a minimum setback requirement of five (5) feet from the public right-of-way.

(17)

Mural signs:

Shall be limited to one (1) exterior wall surface per building;

Shall not be used to advertise services or products available for sale or consumption;

Shall require a permit and approval from the director prior to installation; and

Should the mural become faded, peeled and/or severely weathered, the owner or person or firm maintaining the same shall, upon written notice from the director, repair and/or repaint the mural within sixty (60) days.

(18)

Subdivision identification signs shall:

Have a maximum envelope surface of seventy (70) square feet.

Be constructed as a monument sign in accordance with subsection (7) or shall be constructed as an integral panel of a legally installed solid masonry fence.

Be located a maximum distance of fifty (50) feet from a street intersection.

(19)

Luminous gaseous tubing sign that is visible from a public right-of-way:

Shall not flash, blink or maintain movement;

Shall not exceed twenty-five (25) percent of the area of an window; and

Shall be considered a wall sign for the purpose of calculating the twenty-five (25) percent area limitation in section 7-3(14).

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2009-9059, § 2, adopted 4/9/2009; Ordinance 2010-9216, §§ 3—8, adopted 10/22/2010; Ordinance 2010-9228, § 3, adopted 12/9/2010; Ordinance 10354, § 1, adopted 7/16/2020; Ordinance 2024-10860, § 1, adopted 1/25/2024)

Electronic signs that do not comply with the criteria established in subsection 7-3(6) may be installed on new and lawfully existing signs if a special sign permit is obtained from the city council.

The applicant shall show that the proposed digital image will meet the performance standards as described in subsection 7-3(6)d or may propose other performance standards and information that would ameliorate the effects of the electronic sign. When considering a request for a special sign permit for an electronic sign, the city council may consider other factors and impose reasonable conditions including modifications to the requirements of chapter 33A of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, that reduce the secondary effects of the electronic sign.

Fee. The application for the special sign permit shall be accompanied by a non-refundable fee of seven hundred fifty dollars ($750.00) per sign.

(Ordinance 2009-9059, § 4, adopted 4/9/2009; Ordinance 2010-9228, § 4, adopted 12/9/2010)

§ 7-4 Prohibited signs.

Any sign not specifically authorized in this chapter is prohibited.

It is unlawful for any responsible person to own, operate, use, erect, benefit from, maintain, or permit any of the following signs on any public or private premises:

Any sign placed in the median of any street, road or highway;

Any sign placed on the right-of-way of a public road that is not maintained by the city. It is an affirmative defense to this subsection that the placement is authorized by state law;

Any sign placed on city-owned public property, except when a temporary sign is placed on a privately occupied residential property owned by the city or when authorized by the City of Irving;

Any sign placed on the right-of-way of a road or highway maintained by the city and that is not in the state highway system. It is an affirmative defense to this subsection that the placement was authorized by state law or the City of Irving. It is an affirmative defense to this subsection that the sign is on a commercial vehicle or commercial trailer lawfully operated or parked. This defense does not legitimate the use of advertising vehicles and trailers prohibited or regulated by this chapter or other law. It is an affirmative defense to subsections (1), (2), and (3) that the sign is required or erected by a governmental authority. It is an affirmative defense to subsection (3) that temporary signs of not more than four (4) square feet may be placed in the public right-of-way from 12:01 a.m. Thursday to 12:01 a.m. of the following Monday;

Any sign or structure with flashing, blinking, or revolving beam, beacon, or traveling lights, regardless of wattage. It is an affirmative defense to this subsection that the sign is specifically authorized elsewhere in this chapter;

Any single balloon or other gas or air filled object with an envelope greater than twenty-four (24) inches in any dimension;

Any sign which, by reason of its size, location, motion, content, coloring, or manner of illumination may be a distraction to traffic or confused with or construed as an official traffic control device, or the light of an emergency or road equipment vehicle, or which hides from view any traffic or street sign, signal, or device;

Portable or wheeled signs, sandwich or "A" frame signs, sidewalk or curb signs, including those resting on legs, axles, or other structures. It is an affirmative defense to this subsection that the sign is any sign required, authorized, or erected by a municipal, state, or federal government; public utility; or public transportation authority;

Any sign which emits sound, odor, or visible matter, which may be a distraction to persons within the public right-of-way;

§ 7-4.1 Relocation of billboards required by right-of-way acquisition by governmental agency.

Any sign on a trash container or dumpster. It is an affirmative defense to this subsection that the sign contains only the company name and related information of the company servicing the dumpster or trash container;

(11)

Any poster, sign, banner, or flag placed on public utility poles or supports. It is an affirmative defense to this subsection that the banner sign is in compliance with subsection (3);

(12)

Any sign or banner for the purpose of advertising alongside or across any street when any portion of the sign or banner extends above the roadway of the street;

(13)

Any revolving sign;

(14)

Any sign which is or becomes dilapidated or in danger of falling or otherwise unsafe;

(15)

Any sign which does not comply with any applicable provision of a building code, electrical code or other applicable code or ordinance of the city;

(16)

Billboards installed after June 3, 1999;

(17)

Pennants or streamers;

(18)

Roof signs;

(19)

Banners except as authorized for special events as provided in subsection 7-3(15);

(20)

Signs on utility boxes;

(21)

Any sign draped over a vehicle;

(22)

Painted wall signs, except as allowed by the Downtown Development District regulations.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2009-9059, § 3, adopted 4/9/2009; Ordinance 2010-9216, §§ 9, 10, adopted 10/22/2010; Ordinance 2010-9228, § 6, adopted 12/9/2010; Ordinance 2015-9739, § 1, adopted 11/12/2015; Ordinance 2018-10136, § 1, adopted 11/15/2018)

In the event right-of-way acquisition by a governmental agency, as defined in subsection 52-47(a), requires the removal of a lawful billboard, said billboard may be relocated subject to the following:

The relocated or rebuilt billboard shall not be located any nearer to the new right-of-way line than to the previous right-of-way line.

The relocated or rebuilt billboard shall not be constructed larger or taller than the previous billboard.

The relocated or rebuilt billboard shall be maintained in accordance with this chapter but should the billboard thereafter become damaged or deteriorated such that the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location, then the billboard must conform with all of the provisions of this chapter.

The relocated or rebuilt billboard shall be located as near as practical to the previous billboard location as determined by the inspections director.

Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard.

The relocated or rebuilt billboard shall only be erected after the issuance of a permit issued under this chapter.

It shall be an affirmative defense to prosecution of an alleged violation under this chapter if it can be shown that:

The alleged violation arose solely as a direct result of right-of-way acquisition by a governmental agency; and

§ 7-4.2 Special sign permit for billboards with digital images.

The property has a currently valid exemption under this section.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

Existing billboards on a controlled access freeway and lawfully installed prior to June 3, 1999, may be modified to a digital billboard if a special sign permit is obtained from the city council. Provided, a digital billboard may not be reconstructed or relocated so that any part of the relocated sign would be within one thousand five hundred (1,500) feet of another digital billboard on the same side of a controlled access freeway.

The applicant shall show that the proposed digital billboard will meet the following minimum performance standards:

Monopole design, with architectural enhancements as identified in Appendix A, the sign design guidelines, with underground utility service;

The sign does not display any illumination by flashing, intermittent or moving lights; does not contain or display animated, moving video or scrolling elements; nor projects a static image upon a stationary object;

A sign face is only visible from one (1) direction of traffic;

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

A change of message must occur simultaneously on the entire sign face;

It contains a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

It will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

The applicant shall provide a protocol acceptable to the chief of police for coordination with public safety authorities to display, when appropriate, emergency information important to the traveling public such as Amber Alerts, or homeland security and natural disaster alerts; and

The applicant may submit any other performance standards and information that would ameliorate the effects of the digital image. When considering a request for a special sign permit for digital image, the city council may consider other factors and impose reasonable conditions including modifications to the requirements of chapter 33A that reduce the secondary effects of the digital image.

Granting permits.

Following city council approval of a special sign permit, and payment of the appropriate fee, the director will grant a permit for a digital billboard construction or modification in the following sequential manner:

The director will issue a provisional permit granting permission for the digital sign, subject to the granting of a permit by the Texas Department of Transportation.

The applicant shall obtain a permit from the Texas Department of Transportation allowing the requested construction or modification; and shall present a true copy of that permit to the director, not later than twelve (12) months following the issuance of the provisional permit.

If the applicant and the Texas Department of Transportation permit satisfy the requirements of this section, the director shall issue a sign permit for the digital billboard.

The provisional permit shall expire twelve (12) months after its issuance, without further action by the director, if no sign permit has been issued in that time.

Fees.

The application for the special sign permit shall be accompanied by a non-refundable fee of one thousand dollars ($1,000.00) per sign. Digital billboards shall obtain an annual inspection and pay the annual fee of two hundred dollars ($200.00).

(Ordinance 2009-9059, § 5, adopted 4/9/2009)

§ 7-5 Nonconforming signs.

It is the declared purpose of this chapter that in time all privately owned signs shall come to conform to the provisions of this chapter or be removed.

A sign or flag that does not conform to these standards and that existed lawfully on the date it was constructed shall be deemed a nonconforming sign.

The privilege to continue a nonconforming sign shall cease and such sign shall be removed whenever any of the following occur:

For signs other than pole signs, a certificate of occupancy for a change of owner, occupant, tenant, business or business name is issued and a sign is associated with the previous holder of the certificate of occupancy;

For any pole signs that exceed thirty-five (35) feet in height on which a new face is being constructed, the sign shall comply immediately with the height requirements of this chapter;

For any pole signs that exceed the height, area, and setback requirements of section 7-3(9) on which a new frame is being installed, the sign shall comply immediately with the height, area, and setback requirements of this chapter;

A change of occupancy classification occurs as described in the building code and a sign is associated with the prior classification;

A sign is altered, including structural repair that extends the life of the sign, moved or relocated;

A sign is damaged and the cost to repair exceeds sixty (60) percent of the replacement cost on the date of damage;

A sign leans such that an angle between the sign and the ground is seventy (70) degrees or less; or

A sign has fallen onto the ground.

The privilege to continue a nonconforming window sign, banner, pennants, and streamers shall cease and such sign shall be brought into compliance with this chapter or removed no later than August 1, 2009.

The owner of a nonconforming sign identified in section 7-5(d) may, prior to the compliance date, appeal to the director for a later compliance date. If based upon the evidence presented by the owner, the director finds that additional time is needed to recoup the owner's actual investment in the sign before the sign became nonconforming, the director shall grant the request for extension and establish a new compliance date consistent with his determination of a reasonable amortization period.

Signs erected prior to January 1, 1976, shall be brought into compliance with this chapter prior to January 1, 2006.

(g)

Compensation for signs required to be modified or reconstructed shall be governed by Chapter 216, Local Government Code and this section.

There is established a sign control board, the members of which shall be appointed by the mayor. The board shall consist of the following, who will serve two-year terms:

Two (2) real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program and professional certification program;

One (1) person engaged in the sign business in the City of Irving;

One (1) employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and

One (1) architect or landscape architect licensed by the state.

The sign control board shall determine the amount of compensation to which the owner of a sign that is to be reconstructed is entitled. This determination shall be after notice and hearing.

Compensable costs for a sign required to be reconstructed shall be those set out in Chapter 216, Local Government Code.

The method of compensation shall be by tax abatement only and in the manner set forth and prescribed in Section 216.010(b), Local Government Code.

§ 7-6 Abandoned, obsolete and dilapidated signs and supporting structures.

There shall be no compensation given for the reconstruction of any sign not required by the director to be brought into compliance with this chapter. However, the owner of a sign who would be entitled to compensation under the terms of this chapter, should compliance be required by the director, may, upon prior notice to the director, bring such sign into compliance with this chapter, in the manner required by this chapter, and have compensation established by the sign control board as provided by this chapter.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2010-9216, § 11, adopted 10/22/2010)

§ 7-5.1 Illegal signs.

A sign that did not conform to ordinances in existence on the date it was constructed shall be deemed an illegal sign. Any sign in existence today for which the city does not have a record of a permit and the owner cannot show evidence of a permit shall be deemed an illegal sign. A sign which does not comply with building or electrical codes shall be deemed an illegal sign subject to enforcement under the building and electrical codes.

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.

The responsible person shall remove all illegal signs within sixty (60) days of the effective date of this chapter.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

The owner, agent, or person in control of any premise on which there is displayed or maintained an abandoned, obsolete or dilapidated sign or supporting structure or the owner or person in control of an abandoned or dilapidated sign or supporting structure shall comply with the following requirements:

Any sign that is abandoned, obsolete or dilapidated shall be removed.

If a supporting structure used or designed to be used with a sign is abandoned, obsolete or dilapidated, the supporting structure shall be removed.

If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed.

Any abandoned, obsolete or dilapidated sign or dilapidated supporting structure is an unlawful sign and may be removed by the city in compliance with section 7-8 and the owner may be prosecuted or be enjoined from continuing such violation.

It shall be a rebuttable presumption that a sign is abandoned if it meets the definition of an abandoned or obsolete sign.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

§ 7-7 Unified sign agreement.

Lots eligible for unified sign agreement.

Two (2) or more adjoining platted lots or two (2) or more platted lots that are separated only by right-of-way are single premises for the purpose of erecting multi-tenant signs if a unified sign agreement has been signed by all property owners and is approved as to form by the city attorney and executed in compliance with this section. To be adjoining, lots must be platted immediately adjacent to each other and not at cross corners or connected by narrow strips of land too small to serve as emergency access easements. Lots separated by right-of-way must be directly across the right-of-way and, except for the right-of-way, must be adjoining and not at cross corners or connected by narrow strips of land too small to serve as emergency access easements.

Criteria for approval.

In determining whether to approve consideration of multiple lots as single premises, the director shall consider the following criteria:

All areas to be combined in the unified sign agreement must be part of a clearly defined unified commercial or business development constructed as a single destination point for customers and visitors. Attributes of a unified commercial or business development include:

Common name identification to the public;

Shared access to parking provided within the development;

Sign structures utilized for shared signage, including identification of the common name of the development; and

Physical layout of the development results in a cohesive development.

The area should not be the combination of disparate premises joined solely for the purpose of initiating a unified sign agreement.

The signage proposed pursuant to a unified sign agreement must have no additional pole signs within the development.

The unified sign agreement may include more than one (1) sign, however there shall only be one (1) unified sign agreement per development.

Allowed signage.

Upon approval of a unified sign agreement, all existing signs shall be removed or brought into compliance with this chapter. All new signs constructed pursuant to the agreement shall comply with this chapter.

Within the area of the unified sign agreement, spacing between multi-tenant directory signs shall for multi-tenant signs one hundred (100) square feet or less in size, be located not less than one hundred (100) feet to any other multi-tenant sign; for multi-tenant signs between one hundred one (101) and two hundred (200) square feet in size, be located not less than three hundred (300) feet to any other multi-tenant sign greater than one hundred (100) square feet in size; and for multi-tenant signs between two hundred one (201) and four hundred (400) square feet in size, be located not less than five hundred (500) feet to any other multi-tenant sign greater than one hundred (100) square feet in size.

Multi-tenant directory signs shall not exceed forty (40) feet in height nor four hundred (400) square feet.

Sign plan required.

A sign plan covering the entire area included in the unified sign agreement shall be submitted to the director for approval. The sign plan shall contain the following information:

The location, size and height of all proposed and existing signs; and

Description of development within the area of the unified sign agreement demonstrating the attributes of a unified commercial or business development as described in subsection (b)(1).

A copy of the sign plan shall be attached to the unified sign agreement and may be amended administratively providing the initial criteria are still met.

Execution, amendment, termination and filing of the unified sign agreement.

Execution of the unified sign agreement shall comply with the following:

Contain the names and addresses of the owners and the legal descriptions of all properties within the unified sign agreement;

State that all parties agree that the properties covered by the agreement may be collectively treated as a comprehensive development for the limited purpose of determining the number, size and location of signs;

State that the agreement constitutes a covenant running with the land with respect to all properties subject to the agreement;

State that all parties agree to defend, indemnify and hold harmless the City of Irving from and against all claims or liabilities arising out of or in connection with the agreement;

State that the agreement will be governed by the laws of the State of Texas;

State that the agreement may be amended or terminated only in accordance with subsection (2) below;

Be approved by the director and approved as to form by the city attorney;

Be signed by all owners of the properties included in the agreement and notarized;

If a lot or tract within a premises covered by a unified sign agreement is foreclosed by a lienholder whose lien predates the unified sign agreement covering the property then the lienholder has five (5) business days to file an application for a permit for a sign not allowed under the unified sign agreement. In the absence of such filing, the property shall be considered covered by the unified sign agreement;

Be properly completed as stated herein; and

Two (2) file-marked and recorded copies of the agreement shall be provided to the director.

A unified sign agreement may be amended or terminated as follows:

The amendment or termination agreement shall be executed by all owners of the properties included in the unified sign agreement; and

The city attorney shall administratively approve termination agreement as to intent and form. Any signs not in compliance shall be removed or brought into compliance prior to execution of the agreement.

A unified sign agreement or an agreement to amend or terminate such an agreement is not effective until:

The agreement is approved administratively as appropriate;

The agreement is approved as to form by the city attorney;

The agreement is filed in the deed records in the county in which the property is located; and

Two (2) file-marked and recorded copies of the agreement are delivered to the director.

Any application for a unified sign agreement or amendment thereto, or a termination thereof, shall be accompanied by a nonrefundable fee of one hundred fifty dollars ($150.00).

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

§ 7-8 Removal of signs in violation.

The director may order a person to remove an unsafe or dangerous sign within a period of time specified by the director.

Notwithstanding any other provision of this chapter, the director may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the director may make a reasonable attempt to locate the owner of the hazardous sign or person responsible for its display, placement or maintenance to give written notice of the violation, the action necessary to correct the violation and the time period in which the correction must be made. The notice may be delivered to the owner of the sign, the owner of the premises or the person responsible for the sign's display, placement or maintenance, if located; otherwise, the notice may be affixed to the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or premises.

Upon removing an unlawful sign, the director shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs plus an administrative fee of three hundred fifty dollars ($350.00), less any amount received in disposal of the sign, and less the value of the sign at the time the director removed it or caused it to be removed as determined by the sign control board. Any net costs remaining unpaid after thirty (30) days from the date the notice is mailed are delinquent and incur interest at ten (10) percent per annum.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

§ 7-9 Parking of advertising vehicles.

It is unlawful for any person to park an:

Inoperable advertising vehicle on a public right-of-way, on public property, or on private property so that it is visible from a public right-of-way;

Operable advertising vehicle on a public right-of-way or on public property so that it is visible from a public right-of-way unless a person is actively using the vehicle to load, unload, move or deliver furniture, goods, merchandise, or equipment and the vehicle is parked for a time period not exceeding seventy-two (72) consecutive hours;

§ 7-10 Disposal of signs removed from right-of-way.

Operable advertising vehicle on the same lot or tract of private property between the hours of 1:00 p.m. and 4:00 p.m. for more than three (3) consecutive days.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

City employees may remove prohibited signs and other signs which are in violation of this chapter from the public right-of-way. They may dispose of the removed signs as follows:

Signs made of paper, cardboard, plastic, or other similar materials and their supports may be placed in the trash or destroyed immediately.

Signs made of materials other than paper, cardboard, plastic, or other similar materials may be stored for a period not to exceed seven (7) days from the first day the city has made a reasonable attempt to actually or constructively notify the sign owner that the sign has been removed.

The owner of a removed sign and/or supports may reclaim his or her property upon payment of the following fees and costs:

A five-dollar retrieval fee for each sign;

A five-dollar storage fee for each sign for each day, or fraction thereof;

The cost of removal if the removal was done by an independent contractor hired by the city.

§ 7-11 Temporary construction site and for sale and for rent signs.

If the sign and/or supports have not been claimed by the expiration of the seven-day storage period, the city may discard them or dispose of them as surplus property at the discretion of the director.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

It is unlawful for any person to erect, maintain, suffer, permit, or use a for sale sign, rental sign, coming event sign, or temporary construction site sign:

Without a permit;

For a period of more than one (1) year;

With an envelope exceeding thirty-two (32) square feet in area at a development site on property of less than one (1) acre;

With an envelope exceeding sixty-four (64) square feet in area on property of one (1) to twenty (20) acres; or

§ 7-12 Permits required, expiration, and suspension or revocation.

With an envelope exceeding two hundred (200) square feet in area on property of twenty-one (21) acres or more.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

It is unlawful for any person to erect or repair an outdoor sign, banner or a sign within a common area of a shopping mall without having first obtained a permit for it from the director and paying the applicable permit fee. It is an affirmative defense that the repair is routine maintenance.

It is unlawful for any person to suffer, allow, permit, maintain or use any sign or banner erected without a permit required by this chapter on any premises owned, controlled, or used by that person.

Any person erecting, repairing, maintaining, suffering, permitting, allowing, or using a sign or banner for which this chapter requires a permit, without first obtaining a permit, shall pay an investigation fee in addition to a permit fee whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The payment of an investigation fee does not exempt any person from compliance with all provisions of this chapter nor from any penalty prescribed by law.

Only a contractor licensed under section 7-13 may obtain a sign permit if electrical or structural work is required for work described in subsections (a), (b), and (c) of this section. The applicant shall first file an application in writing on a form furnished by the director. All information required by the director must be provided and in addition every such application shall comply with the following:

Identify and describe the work to be covered by the permit for which application is made;

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed sign;

If it is for a pole sign, a marquee, mansard, or projecting sign, be accompanied by plans, diagrams, specifications and computations sealed by a State of Texas licensed engineer or architect as required by the director and this chapter and other data and information as may be required by the director;

Include the approximate date the sign will be erected, a drawing showing its prospective location and, if a banner sign, the date it will be removed; and

Each sign situated within fifteen (15) feet of a public right-of-way, or within a sight easement or within a triangular area formed by the intersection of the adjacent street right-of-way lines in each direction and a line drawn between the points on each of those lines thirty-five (35) feet from the point at which they intersect shall be accompanied by plans showing absence of vehicle and pedestrian sight obstructions, and other information as may be required by the director of traffic and transportation.

Every sign permit issued by the director expires if the sign authorized by the permit is not completed within one hundred eighty (180) days from the date of issuance. Before work can be recommenced, a permittee shall first obtain a new permit to do so, and pay a fee for it equal to one-half (½) the amount required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications; and provided further that the suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The director may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit may be extended more than once.

(g)

The director may suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or when the permittee is in violation of any ordinance or regulation.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2010-9216, § 12, adopted 10/22/2010)

§ 7-13 Contractor's license required.

It is unlawful for any person to engage in the business of sign contracting without a valid sign contractor's license.

A person wanting to obtain or renew a sign contractor's license shall pay a fee of one hundred dollars ($100.00) and file a bond with the director. Each sign contractor's license expires on December 31 of each year.

A person wanting to obtain or renew a sign contractor's license shall procure a surety bond in the amount of five thousand dollars ($5,000.00); approved by the city attorney; conditioned for the installation and erection of signs in compliance with state and local laws; which provides for the indemnification of the city for any and all damage and liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal, defects in, or collapse of any sign for a period of one (1) year after erection and for the period of time that the sign is being maintained or serviced by or under the direction of the maker of the bond; and which provides for the indemnification of any person who shall on public property or in any public place incur damage for which the principal named in the bond is legally liable. It is an affirmative defense to this subsection that the sign contractor shows proof of a current liability insurance policy in the amount of at least three hundred thousand dollars ($300,000.00), and the City of Irving is listed as an additional insured and certificate holder.

In addition to other information required by the director to enforce this chapter, sign permits shall contain the following:

The name, business address, and business phone number of the contractor installing the sign;

A copy of the sign contractor's driver's license;

Sign contractor's license number; and

§ 7-14 Contractor's license; revocation.

The sign contractor's authorized signature.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

The director may revoke a sign contractor's license if the licensee persistently violates the requirements of this chapter. Conviction in municipal court, whether appealed or not, of three (3) or more violations over a period of two (2) calendar years is prima facie evidence of persistent violation.

A license which has been revoked may be reinstated only if the contractor corrects all violations and furnishes to the director a compliance bond in the amount of five thousand dollars ($5,000.00) which guarantees compliance with all applicable laws.

§ 7-15 Advertising structure—Sports facilities.

Any person whose contractor's license has been reinstated under this section shall renew his or her compliance bond for at least two (2) years following the date the license was reinstated.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

It is unlawful for any person to erect, maintain, repair, suffer, permit, allow, or use an advertising structure at a sports facility:

That is constructed to exceed the dimensions approved for it by the city council as part of the permitting process;

That is higher than one hundred twenty-five (125) feet measured from the top of the structure to the ground or pavement directly below it;

That has a horizontal flat surface used for identifying the sports facility or for advertising that is greater than one hundred (100) feet in width, or has flat surfaces whose total height is greater than fifty (50) feet; or

That is constructed of combustible materials except that moldings, capping, stringers, and frames for metal faced sections may be of wood.

It is unlawful for any person to erect, repair, suffer, permit, allow, maintain, or use an advertising structure at a sports facility that does not have a permit issued for it by the director.

In order to obtain a permit, a person shall submit to the director:

A resolution or other adequate proof that the entity which owns the sports facility has approved the placement of the structure on its property;

Plans for the structure adequate for the director to determine whether the provisions of this chapter can be met;

Construction plans for the structure approved and sealed by a registered engineer attesting to the soundness of the proposed structure; and

A resolution from the city council showing that it approves the advertising structure.

Existing advertising structures at a sports facility may be modified to a digital display if a special sign permit is obtained from the city council that meets the following minimum performance standards:

Monopole design, with underground utility service and complementary architectural surround and appropriate landscaping;

A sign face is only visible from one (1) direction of traffic;

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

A change of message must occur simultaneously on the entire sign face;

It contains a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

It will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

The applicant shall provide contact information for a person who is available at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within one (1) hour of a request by the director or Texas Department of Transportation to a level acceptable to the department.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2009-9050, § 1, adopted 2/19/2009)

§ 7-16 Signs not requiring permits.

It is an affirmative defense to the provisions of this chapter requiring sign permits that the sign is:

Any sign required or erected by a municipal, state, or federal government for the purpose of public instruction, location or direction, street or highway designation, control of traffic, or a similar use incidental to a public interest;

Any sign of a warning, directive, or instructional nature erected by a public utility or transportation organization which operates a franchise from the city permitting the use of public property for the display of the signs, provided that the sign is approved in writing by the director of traffic and transportation as necessary for the successful operation of the utility or transportation organization and that the city council has granted special permission for its erection;

Any real estate sign with an envelope thirty-two (32) square feet in area or less;

Any temporary sign promoting a regional athletic event;

Any sign completely within an enclosed building;

Any single balloon not exceeding twenty-four (24) inches in any dimension which is attached to a vehicle or a structure;

Any hand-held sign or signs, symbols or displays on persons or animals;

Any sign located on newspaper vending machines and curbside residential newspaper holders provided that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic;

Any sign located on the field side of scoreboards and fences of athletic fields; or

Any vehicle parking related signs.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

§ 7-17 Noncommercial signs.

Notwithstanding any other provisions of this chapter, wherever a sign, other than a governmental sign, is authorized in this chapter to be erected, a noncommercial sign may be substituted for it. Noncommercial signs are subject to the same time, place, and manner regulations and to the same permit and fee requirements as are commercial signs regulated by this chapter.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

§ 7-18 Conflict with and variance from zoning ordinance. [1]

In the event of conflict between this chapter and the general zoning ordinance, this chapter shall prevail. In the event of conflict between this chapter and an SP zoning ordinance enacted pursuant to repealed zoning district regulations, Ordinance 1144, section 52-32, or an S-P-1 or S-P-2 zoning ordinance authorizing signs on a particular piece of property, the SP, S-P-1 or S-P-2 ordinance shall prevail over this chapter; provided that such zoning ordinance does not authorize or allow a billboard or advertising structure to be erected after June 30, 1999. In case of a conflict with the landscape ordinance, overlay district, or other special zoning district, the most stringent regulations shall prevail.

(Ordinance 2009-9034, § 1, adopted 1/8/2009)

[1]

Editor's note—Former § 7-18, which pertained to the fee schedule and derived from Ordinance 2009-9034, 1/8/2009; Ordinance 2010-9216, 10/22/2010; and Ordinance 2010-9228, 12/9/2010, was repealed 4/5/2018 by Ordinance 2018-10043. Subsequently, §§ 7-19 through 7-23 were renumbered accordingly.

§ 7-19 Maintenance of signs.

It is unlawful for any person to fail to maintain a sign in sound structural condition.

Signs and sign structures shall be maintained at all times in a state of good repair, safe and secure condition, with all braces, bolts, supporting frame, and fastenings free from deterioration, termite infestation, rot, rust, or loosening, and able to withstand at all times the wind pressure for which they were originally designed.

Sign supports, structures and faces of all exterior surfaces that are covered with paint shall be regularly painted to prevent rusting, peeling, or blistering surfaces.

Any sign or sign support which varies, leans, or lists fifteen (15) degrees or more from horizontal or vertical original design (unless approved as part of the original design) shall be considered as requiring maintenance, and shall be repaired or removed by the owner. If left unrepaired for a period exceeding thirty (30) days, the sign shall be deemed dilapidated.

At no time shall a sign's internal lighting or internal structure be exposed unless it is actively under repair.

Upon a change of tenant or property owner, or upon a vacancy of the property, all signs shall be removed or maintained by painting or covering the message portion of the sign, installing a blank face on the sign, or otherwise bringing it into compliance with this chapter so as to leave the message portion and supporting structure neat and unobtrusive in appearance as provided below:

Like material. Only the same, like, or better quality material as that being replaced shall be used as a sign face. The face of the supporting structure must be one which the supporting structure is designed to support.

Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked.

Covered messages.

Signs shall be painted in order to "blank" the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint.

Sign faces must be covered by a material or substance which renders the resulting sign face completely blank, opaque, and resistant to deterioration. Canvas covers or tarps are not allowed. It is a violation of this chapter to allow a message to bleed or show through the paint or covering.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2018-10043, § 1, adopted 4/5/2018)

§ 7-20 Presumption.

Evidence that a sign references, advertises, bears the address or phone number of, or primarily benefits a person constitutes prima facie evidence and a presumption that that person erected, permitted, allowed, maintained or used the sign. The fact that an unlawful sign is found on public property, in rights-of-way, on utility poles or private property shall be prima facie evidence that the property owner, manager, tenant, or person in charge of the adjacent private property; and/or any person responding on behalf of such advertising on the sign, unlawfully placed or erected the sign.

(Ordinance 2009-9034, § 1, adopted 1/8/2009; Ordinance 2018-10043, § 1, adopted 4/5/2018)

§ 7-21 Variances.

An applicant may request a variance to the provisions of this chapter upon application to the director and payment of a seven hundred fifty-dollar ($750.00) nonrefundable filing fee. The city council is empowered to approve variances to the provisions of this chapter in the following areas:

Height regulations;

Area regulations;

Setback regulations; and

Material regulations.

Application eligibility.

No application for a variance will be accepted if the director determines any of the following:

The sign was installed without a permit;

The sign was installed with a permit issued on the basis of incorrect information provided by the applicant; or

The sign was installed incorrectly after issuance of a valid permit.

Variance criteria.

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss. In order to grant a variance from this chapter the city council must determine that:

The requested variance does not violate the intent of chapter 7;

The requested variance will not adversely affect surrounding properties;

The requested variance will not adversely affect public safety; and