§ 7-7. Unified sign agreement.

(a)

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.

(b)

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

(1)

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:

a.

Common name identification to the public;

b.

Shared access to parking provided within the development;

c.

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

d.

Physical layout of the development results in a cohesive development.

(2)

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

(3)

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

(4)

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

(c)

Allowed signage.

(1)

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.

(2)

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.

(3)

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

(d)

Sign plan required.

(1)

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:

a.

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

b.

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).

(2)

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.

(e)

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

(1)

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

a.

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

b.

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;

c.

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

d.

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;

e.

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

f.

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

g.

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

h.

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

i.

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;

j.

Be properly completed as stated herein; and

k.

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

(2)

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

a.

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

b.

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.

(3)

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

a.

The agreement is approved administratively as appropriate;

b.

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

c.

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

d.

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

(f)

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).

(Ord. No. 2009-9034, § 1, 1-8-09)