§ 7-5. Nonconforming signs.

(a)

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.

(b)

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.

(c)

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

(1)

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;

(2)

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;

(3)

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;

(4)

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

(5)

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

(6)

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

(7)

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

(8)

A sign has fallen onto the ground.

(d)

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.

(e)

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.

(f)

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.

(1)

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:

a.

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;

b.

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

c.

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

d.

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

(2)

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.

(3)

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

(4)

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.

(5)

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.

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2010-9216, § 11, 10-22-10)