§ 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:

(1)

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.

(2)

Each sign shall be erected and maintained in compliance with:

a.

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

b.

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

(3)

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.

(4)

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.

(5)

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.

(6)

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:

a.

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

b.

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

c.

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

d.

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

e.

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

(7)

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

(8)

No person shall use a fence as a sign support.

(9)

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.

(10)

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:

a.

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

b.

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:

a.

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.

b.

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:

a.

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:

1.

State Highway Loop 12;

2.

State Highway 183;

3.

State Highway 114;

4.

Belt Line Road;

5.

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

6.

State Highway 356 between Sowers Road and State Highway 183.

b.

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 forty (40) feet of the right-of-way of:

1.

Interstate Highway 635;

2.

State Highway Spur 348;

3.

State Highway Spur 482; and

4.

State Highway 161.

c.

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 twenty-five (25) feet of the right-of-way of State Highway 356 between Irving Heights Drive and the east city limits.

(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).

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2010-9216, § 2, 10-22-10; Ord. No. 2010-9228, § 2, 12-9-10)