SEC. 51A-7.703. BOARD OF ADJUSTMENT.
(a) The board of adjustment may, in specific cases, take the following actions and authorize the following special variances and exceptions with respect to the provisions of this article.
(b) The board of adjustment may waive any filing fee for an appeal under this article when the board finds that payment of the fee would result in substantial financial hardship to the applicant. The applicant may either pay the fee and request reimbursement as part of his appeal or request the matter be placed on the board’s miscellaneous docket for predetermination. If the matter is placed on the miscellaneous docket, the applicant may not file his appeal until the merits of the request for waiver have been determined by the board.
(c) When in its judgment the public convenience and welfare will be substantially served and appropriate use of the neighboring area will not be substantially and permanently injured, the board of adjustment may, in specific cases and subject to appropriate conditions, authorize only the following special variances and exceptions to the regulations established in this article for non-conforming signs legally erected or maintained prior to April 30, 1973:
(1) Reserved.
(2) Permit a variance for detached non-premise signs of up to 20 percent of the setback, effective area, and height requirements of this article.
(3) Permit a variance for detached premise signs of up to 25 percent of the setback, effective area, and height requirements of this article.
(4) Authorize one additional detached sign on a premise in excess of the number permitted by this article.
(5) Authorize up to two additional large letter words on an attached sign in excess of the number permitted by this article.
(6) Permit the following special variances and exceptions for movement control signs when from the evidence presented the board finds them to be necessary to give directions to a business:
(A) Authorize an identification message to be placed on the sign.
(B) Authorize an effective area of up to 4 square feet.
(C) Authorize a height of up to 2-1/2 feet.
(7) Authorize the remodeling, renovation, or alteration of a sign when some non-conforming aspect of the sign is thereby reduced and when the period of time allowed for the owner of the sign to recoup his investment is not thereby extended.
(8) The board of adjustment may also vary any or all other provisions of this article not specified above with respect to premise signs only when the board has made a specific finding from evidence presented that strict compliance will result in substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the city and its citizens in accomplishing the objectives of this article.
(d) Except as provided in Section 51A-7.703(c) the board of adjustment may, in specific cases and subject to appropriate conditions, authorize only the following special variances and exceptions to the regulations established in this article when the board has made a special finding from the evidence presented that strict compliance with the requirement of this article will result in substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the city and its citizens in accomplishing the objectives of this article:
(1) Permit a variance for detached premise signs of up to 10 percent of the setback, effective area, and height requirements of this article.
(2) Authorize one additional detached premise sign on a premise in excess of the number permitted by this article.
(3) Authorize up to two additional large letter words on an attached sign in excess of the number permitted by this article.
(4) Authorize signs attached to a window or glass door in a business zoning district to exceed 15 percent of the area of that window or glass door or to be located within the upper two-thirds of that window or glass door if the board finds that the proposed signs do not eliminate visibility into, or out from, the premise.
(A) A sign authorized by this paragraph:
(i) must be made of translucent vinyl or a similar material with at least a 65/35 perforation pattern (a maximum of 65 percent of the area is closed, a minimum of 35 percent of the area is open); and
(ii) may only have images; any text or characters on the sign are limited to 15 percent of the window area and are only permitted in the lower one-third of the window.
(B) A convenience store regulated by Chapter 12B is not eligible for this special exception.
(C) Once a special exception is approved, a business does not need to return to the board of adjustment to change out the images or words on a sign as long as the sign complies with the approved special exception.
(5) Permit the following special variances and exceptions for movement control signs when from the evidence presented the board finds them to be necessary to give directions to a business:
(A) Authorize an identification message to be placed on the sign.
(B) Authorize an effective area of up to 4 square feet.
(C) Authorize a height of up to 2-1/2 feet.
(e) The board of adjustment may hear and decide appeals which allege error in any order, requirement, decision, or determination made by the building inspection division in the enforcement of this article.
(f) The board of adjustment may require a non-conforming sign to be brought into immediate conformity with all current standards of all ordinances of the city of Dallas, or to be removed when from the evidence presented the board finds the sign to be hazardous to the public or to have been abandoned by its owners.
(g) Where a permit was required for a sign’s erection according to the law in effect at the time the sign was erected and where building inspection division finds no record of a permit being issued, the board of adjustment may authorize the issuance of a replacement permit when from the evidence presented the board finds either that a permit was issued or that arrangements were made with a sign company to obtain said permit. The period of time allowed by Section 51A-7.702(b) for the owner to recoup his investment will not be extended by issuance of a replacement permit. (Ord. Nos. 19455; 20927; 28784)
