ORD 2015-23TOWN OF TROPHY CLUB
ORDINANCE NO. 2015-23
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ARTICLE IV ENTITLED "SIGN REGULATIONS", OF
CHAPTER 5 ENTITLED "GENERAL LAND USE" OF THE CODE OF
ORDINANCES AND ADOPTING A NEW ARTICLE IV "SIGN
REGULATIONS", OF CHAPTER 5 "GENERAL LAND USE" OF THE
TOWN OF TROPHY CLUB CODE OF ORDINANCES IN ORDER TO
REGULATE SIGNAGE WITHIN THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY;
PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 5 OF
ARTICLE IV SHALL BE GUILTY OF A CLASS C MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, due to changed circumstances the Town Council deems it in the
best interest of the Town of Trophy Club, Texas to repeal Article IV entitled "Sign
Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances and
adopt a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land
Use" of The Town of Trophy Club Code of Ordinances; and
WHEREAS, the Town is predominately a residential community, small portions of
which have been zoned for commercial and other non-residential uses. The protection
and preservation of the rights and values of privacy, aesthetics, and safety are of great
importance to the residents of the Town and substantially contribute to the special
ambiance, quality of life, and general welfare of the community. The property values in
the Town and the general welfare of its residents are enhanced by the maintenance of
the highest standards of privacy, aesthetics, and safety for the benefit of all its
residents; and
WHEREAS, the Town Council finds that the proliferation of an unlimited number
of signs in private, residential, commercial, non-residential, and public areas of the
Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the
landscape as well as the residential and commercial architecture, impair property
values, substantially impinge upon the privacy and special ambience of the community,
and may cause safety and traffic hazards to motorists, pedestrians, and children; and
WHEREAS, the Town Council wishes to allow speech and expression through
the medium of signs so long as the Town is protected against the proliferation of an
unlimited number of signs and unnecessarily large signs that would substantially
impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact
the value of property owned by its residents; and
WHEREAS, the Town Council declares that the time, place, and manner of the
regulations of signs described in this Article are necessary to protect and preserve the
Town's aforesaid interests in privacy, aesthetics, safety, and property values
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of
the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety
and a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land
Use" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be
and read in its entirety as follows:
Section Index
Section 4.00 Declaration, Purpose and Intent
Section 4.01 Definitions
Section 4.02 Permit Requirements
Section 4.03 General Standards
Section 4.04 Traffic Safety
Section 4.05 Political Signs
Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs
Section 4.07 Religious Institutional Signs
ORD 2015-23 Page 2 of 39
Section 4.08 Temporary Signs
4.08 (A) Temporary Sign Regulations
4.08 (B) Banner Signs
4.08 (C) Special Purpose Signs for Special Events
Section 4.09 Permanent Commercial Signs and Institutional Signs
4.09 (A) General Regulations
4.09 (B) Illuminated Signs
4.09 (C) Miscellaneous Sign Regulations - Table
Section 4.10 Permissible Signs Not Requiring Permits
Section 4.11 Temporary Permits
Section 4.12 Non -Conforming Uses
Section 4.13 Meritorious Exceptions and Appeals
Section 4.14 Maintenance of Signs
Section 4.00 Declaration, Purpose and Intent
A. Declarations. The Town is predominately a residential community, small portions of
which have been zoned for commercial and other non-residential uses. The
protection and preservation of the rights and values of privacy, aesthetics, and
safety are of great importance to the residents of the Town and substantially
contribute to the special ambiance, quality of life, and general welfare of the
community. The property values in the Town and the general welfare of its residents
are enhanced by the maintenance of the highest standards of privacy, aesthetics,
and safety for the benefit of all its residents; therefore -
1 .
herefore:
1. It is hereby declared that the proliferation of an unlimited number of signs in
private, residential, commercial, non-residential, and public areas of the Town
would create ugliness, visual blight and clutter, tarnish the natural beauty of the
landscape as well as the residential and commercial architecture, impair property
values, substantially impinge upon the privacy and special ambience of the
community, and may cause safety and traffic hazards to motorists, pedestrians,
and children.
2. It is hereby declared that the Town wishes to allow speech and expression
through the medium of signs so long as the Town is protected against the
proliferation of an unlimited number of signs and unnecessarily large signs that
would substantially impinge upon the Town's interests in privacy, aesthetics,
safety and adversely impact the value of property owned by its residents.
3. It is hereby declared that the time, place, and manner of the regulation of signs
described in this Article are necessary to protect and preserve the Town's
aforesaid interests in privacy, aesthetics, safety, and property values.
ORD 2015-23 Page 3 of 39
B. Purpose, Applicability and Intent.
1. The purpose of this Article is to provide reasonable regulations for the erection
and display of signs. These regulations are intended to promote the public
health, safety and general welfare through a comprehensive set of reasonable
standards and requirements which preserve the appearance of the Town.
2. These regulations are not intended to prohibit the erection or display of a sign
with a religious or political message, or any sign allowed or required by state or
federal law; provided that any such sign conforms to the size requirements and
other reasonable requirements of this Article.
3. The purpose of this Article is to protect those areas both within the corporate
limits and within the extraterritorial jurisdiction of the Town from visual clutter and
safety hazards resulting in driver distraction. The regulations contained in this
Article are applicable to the incorporated limits and the extraterritorial jurisdiction
of the Town.
Section 4.01 Definitions
Unless otherwise provided for herein, the following terms shall have the respective
meanings ascribed to them.
Awning: A roof -like structure, usually made of canvas, that serves as a shelter, as over
a storefront, window, door or deck. Also, an architectural projection that provides
weather protection, identity or decoration, and is supported by the building to which it is
attached.
Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light
to be turned on or off intermittently or which is operated in a way whereby light is turned
on or off intermittently, including any illuminated sign on which such illumination is not
kept stationary or constant in intensity and color at all times when such sign is in use,
including light emitting diode (LED) or Electronic Message Board or digital sign, and
which varies in intensity or color. A CEVMS does not include a sign located within the
right-of-way that functions as a traffic control device and that is described and identified
in the Manual on Uniform Traffic Control Devices, as amended.
Designated Official: The Town Manager or his or her designee.
Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion
of the Designated Official, has any one or more of the following characteristics:
1. Where elements of the surface or background can be seen, as viewed from the
right-of-way, to have portions of the finished material or paint flaked, broken off,
or missing, or otherwise not in harmony with the rest of the surface; or
ORD 2015-23 Page 4 of 39
2. Where the structural support or frame members are visibly bent, broken, dented,
or torn; or
3. Where the panel is visibly cracked, or in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition; or
4. Where the sign or its elements are twisted or leaning or at angles other than
those at which it was originally erected (such as may result from being blown or
by the failure of a structural support), or
5. Where the message or wording can no longer be clearly read by a person with
normal eyesight under normal viewing conditions
Electronic Message Board: A sign with a fixed or changing display/message
composed of a series of lights that may be changed through electronic means. Signs
whose alphabetic, pictographic, or symbolic informational content can be changed or
altered on a fixed display screen composed of electrically illuminated segments. The
term includes a Programmed Electronic Display.
Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing,
painting, symbol, logo, name, character, or figure that is made in any manner on
tangible property.
1. A person who, under court order, is the guardian of the person of a minor; or
2. A public or private agency with whom a minor has been placed by a court.
Height of Signs: As applied to a sign, height shall be measured as the vertical distance
between the highest part of the sign or its supporting structure, whichever is higher, and
natural grade at the center of the base of the sign
Illumination, Direct: Lighting by means of an unshielded light source, including neon
tubing, strobes, etc., which is effectively visible as part of the sign, where the light
travels directly from the source to the viewers eye.
Illumination, Indirect: Lighting by means of a light source, not itself visible, which is
directed at a reflecting surface in such a way as to illuminate the sign, or a light source
which is primarily designed to illuminate the entire building facade upon which a sign is
displayed. Indirect illumination does not include lighting which is primarily used for
purposes other than sign illumination, e.g., parking lot lights or lights inside a building
which may silhouette a window sign but which are primarily installed to serve as inside
illumination.
Illumination, Internal: Lighting by means of a light source which is within a sign having
a translucent background, silhouetting opaque letters or designs, or which is within
letters or designs that are themselves made of a translucent material.
ORD 2015-23 Page 5 of 39
Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and
any reflecting surface, which, because of its construction and/or placement becomes in
effect a source of light emission.
Logo: A design, registered trademark or insignia of an organization, individual,
company, or product which is commonly used in advertising to identify that organization,
individual, company or product.
Masonry: Formed concrete, concrete block, cinder block or similar material with facing
added to their exposed surface.
Median: A land mass, mostly covered by grass and/or other landscaping materials,
enclosed in concrete curbing placed between streets and roads separating opposing
traffic, or to the right of streets or roads separating streets or roads from one way, single
lane, slip road access to private real properties.
Minor: A person under 18 years of age who is not and has not been married or who has
not had his disabilities of minority removed for general purposes.
Owner: Any person with the legal or equitable right of possession to any property,
including without limitation, any person having custody or control over the property, or
his or her authorized agent or representative.
Parent: The mother, a man presumed to be the biological father or a man who has
been adjudicated to be the biological father by a court of competent jurisdiction, or an
adoptive mother or father, but does not include a parent as to whom the parent-child
relationship has been terminated.
Premises: Land, including any structures built upon it, building(s) or a part of a building.
Private Real Property: Land, within the corporate limits or extraterritorial jurisdiction of
the Town, that any person, firm, corporation, partnership, sole proprietorship,
Homeowners' Association or other private entity recognized in law, owns, leases,
claims, occupies or has supervision or control of, whether such real property is occupied
or unoccupied, improved or unimproved.
Programmed Electronic Display: Any display in which lamps are used to give
information such as, but not limited to, time, temperature, stock market data and which
may or may not be electronically programmed to deliver different messages.
Property: Any tangible personal or real property.
Raceway: A rectangular tube used for the purpose of enclosing electrical components
such as wiring, transformers, etc.
ORD 2015-23 Page 6 of 39
Right -of -Way: A strip of land, the first eleven (11) feet as measured from the back of
curb, or, if no curb, the first eleven (11) feet measured from the edge of the roadway
pavement, including the adjacent area, used or intended to be used, wholly or in part,
as a public street, alley, crosswalk, sidewalk, drainage way or other public way.
Sign: Any device or surface on which letters, illustrations, designs, figures or symbols
are painted, printed, stamped, raised, projected or in any manner outlined or attached,
and used for advertising purposes; temporary mobile signs and private directional signs
shall be considered signs for purposes of this Article, regardless of the content of the
message or wording thereon. Political signs, except as expressly provided herein,
mobile advertising, hand -carried signs, and vending machine signs shall not be
considered signs for purposes of this Article. Signs include but are not limited to the
following:
A-Frame/Sandwich Board Sign: A self supporting "A" shaped sign with two visible
sides that is situated on or adjacent to a sidewalk.
Apartment sign: A sign identifying an apartment building or complex of apartment
buildings.
Awning Sign: An awning displaying a business name or logo.
Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or
garage sale signs attached to a tree, utility pole, traffic pole, fence post or other
feature or structure that is not designed nor intended to be a part of the structure.
These do not include warning signs or other signs required by state law to be placed
on a utility pole, traffic pole or fence post.
Banner Sign: A Temporary advertising device composed primarily of cloth, paper,
fabric, or other similar non -rigid material, supported by wire, rope, or similar means;
it may also be attached to a building or other structure, and may be mounted
vertically or horizontally. Banner Signs also include Tear Drop Flags, Bow Flags,
and other similar types of signs.
Billboard Sign: An Off -Premise Sign consisting of any flat surface erected on a
framework or on any structure, or attached to posts and used, or designed to be
used for the display of bills, posters or other advertising material, for the purpose of
advertising a business or activity not located on the same premises as the said
advertising material. Mobile advertising, hand -carried signs, and political signs shall
not be considered a billboard for purposes of this Article.
Builder Sign: A Temporary On -Premise sign identifying the builder or general
contractor of a residential construction site.
Bulletin Board Sign: A permanent on-site sign providing public information to the
residential subdivision within which it is located.
ORD 2015-23 Page 7 of 39
Business Sign: A permanent On -Premise sign that is used to identify a business,
profession, apartment complex, organization, institution, service, activity or other
nonresidential use conducted, sold or offered on the site where such sign is located.
This sign may also identify the name of the site or development or may identify the
occupants within the site or development.
Canopy Sign: A canopy sign is a sign painted or affixed to a roof -like structure that
shelters a use such as, but not restricted to, a gasoline pump island, and is
supported by either one or more columns or by the building to which it is accessory
and is open on two or more sides.
Development Sign: A Temporary, On -Premise promotional sign pertaining to the
development of land or construction of buildings on the site where the sign is
erected. In residential districts, the intent of the sign shall be to promote a
subdivision and not any particular builder.
Directional Sign: A permanent On -Premise sign intended to aid in vehicular
movement on the site.
Directional Real Estate Sign: Off -Premises Sign, intended to direct persons to
premises offered for lease, rent, or sale, including but not limited to, "Open House"
and directional signs or sale.
Directory Sign: A sign listing the occupants within a shopping center, retail district,
office districts, and commercial sites located on the same premises.
Electronic Display Sign: Refer to "Programmed Electron Display".
Feather Flag: A Sign with or without characters, letters, illustrations, or
ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only
such material for backing. Feather flags may be a single Sign or multiple Signs
attached to a support pole or post, typically have a 4:1 height to width ratio, and may
resemble a sail.
Fence Sign: A sign that is affixed or attached to a fence, whether permanent or
Temporary.
Flashing Sign: A sign, which contains an intermittent or flashing light source or
which includes the illusion of intermittent or flashing light by means of animation or
any externally mounted light source. Electronic display signs are not considered
flashing signs for the purpose of this Article.
Flag: A display on cloth or other flexible material generally attached on only one
side, usually used as a symbol of a government, school, or religion, and not
containing a commercial message.
ORD 2015-23 Page 8 of 39
Government Sign: Signs, permanent or temporary, required by governmental
bodies or specifically authorized for a public purpose by any administrative policy or
guideline, Code or other law. Such Signs may also include traffic or similar
regulatory devices, legal notices, warnings at railroad crossings, and other
instructional, informative, or regulatory signs necessary to serve the general welfare,
health, and safety of the community.
Ground Sign: Any sign connected to the ground by legs, poles, or other supports
and which is not an attached, portable, monument, or vehicular sign.
Illegal Non -Conforming Sign: A sign which was in violation of any of the Codes of
the Town of Trophy Club governing the erection or construction of such a sign at the
time of its erection, and which has never been erected or displayed in conformance
with all duly enacted Codes, including but not limited to, signs which are pasted,
nailed, hung, painted or otherwise unlawfully displayed upon structures, utility poles,
posts, trees, fences or other structures.
Illuminated Sign: A sign that has characters, letters, figures, designs or outlines
illuminated by electrical lights, luminous tubes or other means.
Inflatable Sign: A Temporary hollow sign expanded or enlarged by the use of air or
gas.
Institutional Sign: A permanent on-site sign used to identify governmental and
municipal agencies, public/private schools, or similar public institutions, and used to
communicate messages of public importance to the general public.
Legal Non -Conforming Sign: A sign which was lawfully erected and maintained
prior to the enactment of the Sign Code and any amendments thereto, and which
does not conform to current applicable regulations and restrictions of the Sign Code.
Model Home Sign: A temporary sign, identifying a new home, either furnished or
unfurnished, as being the builder or contractors model open to the public for
inspection.
Monument Sign: A sign mounted on a solid base or pedestal with no visible space
between the sign and the base or pedestal. The sign is not mounted on visible
poles, struts, wires, or other visible structures. The sign base or pedestal shall be
constructed of masonry material.
Nameplate Sign: A sign that identifies only the name of an individual, firm, or
corporation, which is attached to a structure and may contain the suite number or
other directory information concerning the location of the individual, firm or
corporation within the building.
ORD 2015-23 Page 9 of 39
Obsolete Leases Premises Sign: An On -Premise sign or sign structure that
previously was a legal sign, or a legal, non -conforming sign; however, it remains on
leased property after the second anniversary of the date the tenant ceases to
operate on the premises.
Obsolete Sign: An On -Premise sign or sign structure that previously was a legal
sign, or a legal, non -conforming sign; however, it remains on the property after the
first anniversary of the date the business, person or activity that the sign or sign
structure identifies or advertises ceases to operate on the premises on which the
sign or sign structure is located.
Off -Premise Sign: A sign located upon a Premises which directs attention to (a) to
goods; (b) to a business, commodity, service, or product; or (c) to an entertainment
location, other than the Premises upon which such sign is located.
Off -Premise Real Estate Sign: A sign located upon a Premises which directs
attention to the sale, lease, rental, or construction of a structure or a lot, other than
the Premises upon which such sign is located.
On -Premise Sign: A Sign which directs attention (a) to goods; (b) to a business,
commodity, service, or product; or (c) to an entertainment location, upon the
Premises where such sign is located.
On -Premise Real Estate Sign: A Sign which directs attention to the sale, lease,
rental, or construction of a structure or a lot, upon the Premises where such sign is
located.
Permanent Commercial Sign: A permanent On -Premises Sign advertising a
business.
Pole (or Pylon) Sign: Any free standing, On -Premise sign supported from the
ground by upright structural and/or horizontal cross members.
Political Sign: A Temporary Sign that promotes a political issue or a candidate or
candidates for public office, including without limitation, a sign of any political party,
group, or idea that contains primarily a political message or other similar
noncommercial speech.
Portable Sign: A sign utilized by a government entity and that is not attached or
affixed to the ground, a building or other fixed structure or object. Portable signs
include those signs installed on mobile structures.
Projecting Sign: A sign, except an awning, which projects from a building, and has
one end attached to a building or other permanent structure, including but not limited
to, a marquee sign.
ORD 2015-23 Page 10 of 39
Protective Sign: A sign that communicates a warning.
Real Estate Sign: A limited purpose On -Premise sign supported by upright and/or
horizontal cross structural members and which pertains to the sale, rental or lease of
the lot or tract of land on which the sign is located, or to the sale, rental or lease of
one or more structures, or a portion thereof located thereon.
Religious Sign: A sign containing a religious or other similar noncommercial
message.
Religious Institutional Sign: On -Premise Sign placed on property belonging to a
Church or other religious institution for purposes of conveying religious messages or
providing the public with other information related to the Church or religious
institution or other non-commercial purpose.
Rider sign: A supplemental sign attached to above or below Real Estate Sign, or
its sign post that provides limited but additional information pertaining to the
premises on which the Real Estate Sign is placed.
Roof Sign: Any sign supported by the roof of a building, painted on the roof or
eaves of a building, or placed above the apparent flat roof or eaves of a building as
viewed from any elevation.
Service Contractor Sign: An On -premises temporary sign identifying the
contractor(s) responsible for work.
Sign Walker: A person or animal, visible from the public Right -of -Way, wearing
lights, or wearing a costume, and/or holding, twirling, or wearing a sign, for any
purpose, including without limitation, making a statement, soliciting donations or
business, or drawing attention to a business, project, place or event.
Special Purpose Directional Sign: A temporary sign that is either On -Premise or
Off -Premise that provides location information, directs persons along a route, or
otherwise directs persons to a premises or location upon which a special event or
occurrence sponsored by a non-profit, civic, or other organization to which a Special
Event Permit has been issued by the Town.
Special Purpose Sign: A temporary sign that is either On -Premise or Off -Premise
that provides identification or information pertaining to a special event or occurrence
sponsored by a non-profit, civic, or other organization to which a Special Event
Permit has been issued by the Town.
Structurally Alter Sign: To change the form, shape or size of an existing sign or
any supportive or bracing elements of said sign excluding temporary embellishments
on a changeable copy sign.
ORD 2015-23 Page 11 of 39
Structurally Repair Sign: The reconstruction or renewal of any part of the
supportive or bracing elements of an existing sign.
Temporary Pole Sign: A free standing, On -Premise sign displayed for a temporary
period of time as provided in this Article and supported from the ground up by
upright structural members.
Temporary Sign: A sign which includes, but is not limited to, a sign, banner,
pennant, flag, searchlight, inflatable, outside display of merchandise or similar
device which is to be displayed for a limited period of time.
Vehicle Mounted Sign: Any sign, not including bumper stickers, on or in a vehicle
moving along the ground or on any vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not include signs which are
being transported to a site of permanent erection or lettering of a company vehicle
that advertises only the company name and address, or Temporary Signs (with an
area of less than 3 square feet) attached to vehicles which may be removed daily.
Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surface of a
building.
Wind Device Sign: A pennant, streamer, inflatable balloon or similar device made
of cloth, canvas, plastic, or other similar flexible material, with or without a frame or
other supporting structure, and used as a sign.
Window Sign: A sign painted on or permanently affixed to a window or window area
or any sign located on the internal and/or external surface of the window, or is
located within two inches (2") of the window, of any establishment.
Sign Permit: A permit issued under the authority of the Town to erect, move,
structurally alter or structurally repair any specific billboard, sign or other outdoor
advertising within the corporate limits of the Town.
Sign Structure: Any portion of an advertising device, inclusive of its supports, or any
device solely designed for carrying an advertising message.
Vision Triangle: An area of visibility on a street corner, including within the Right -Of -
Way, allowing for safe operation of vehicles, pedestrians and cyclists in the proximity of
intersecting streets, sidewalks and bicycle paths. At a minimum, the area of the triangle
shall be determined as follows: extending straight lines from the nearest point at which
the paved area of the two streets intersect to a point on the edge of each of the
intersecting streets that is 25 feet from the point of beginning.
ORD 2015-23 Page 12 of 39
Section 4.02 Permit Requirements
A. Except as expressly provided herein, no sign shall be erected, placed, displayed or
located without first obtaining a sign permit from the Town.
1. Application for Permit: Application for a permit for a permanent sign shall be
made in writing upon forms furnished by the Designated Official authorized so
designated to do so by the Town Manager.
The application for a sign permit shall contain the following information:
a. Applicant's name, address and telephone number.
b. Name, address and telephone number of the Owner of the property on which
the sign is to be located.
c. Name, address and telephone number of the lessee the sign is to benefit, if
applicable.
d. Name, address and telephone number of the person/contractor erecting the
sign.
e. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
g. Scaled Site Plan Showing:
i. The location of the building, structure or tract to which or upon which the
sign is to be attached or erected,
ii. The position of the sign in relation to nearby structures or other signs, and
iii. Dimensions of setbacks, building lines, distances between the sign and
streets and property lines.
iv. Scaled drawings of the signs including height, width, area, design, text
and logo.
h. The Designated Official may require the filing of additional plans or pertinent
information which, in the Official's opinion, are necessary to ensure
compliance with this Article.
ORD 2015-23 Page 13 of 39
2. Termination of Permit: A sign permit may be terminated in accordance with the
following provisions:
a. A permit shall be active for the life of the Sign, as long as it is in compliance
with this Article.
b. A permit shall expire if the sign for which it has been issued has not been
constructed within ninety (90) days from the date of issuance.
c. A permit issued for any sign including its supporting structure shall
automatically expire in the event the sign shall fail inspection and such failure
is not corrected within sixty (60) days.
d. The Designated Official may suspend or revoke any permit whenever it is
determined that the permit has been issued in error or on the basis of
incorrect or false information supplied, or whenever such permit was issued in
violation of the Sign Code, any other Code of the Town, the laws of the State
of Texas or the federal government. Such revocation shall be effective when
communicated in writing to the person to whom the permit is issued or the
Owner of the sign or the Owner of the premises on which the sign is located.
Any sign for which a permit has been revoked shall be immediately removed
by the person in control of the sign or premises upon which the sign is located
within fifteen (15) business days of the receipt of the written notice of
revocation.
e. Any person may appeal the revocation of the sign permit by filing written
notice of the intention to appeal with the Planning Official no more than ten
(10) business days after the receipt of written notice of the revocation. The
appeal will be forwarded to the Planning & Zoning Commission for review.
The Commission shall forward a recommendation to the Town Council for
final determination. The decision of the Town Council shall be final.
3. Permit Fees
A Sign permit fee shall be paid to the Town in accordance with the most current
fee schedule adopted by the Town.
Section 4.03 General Standards
A. Height of Signs
Sign height shall be measured as the vertical distance between the highest part of
the sign or its supporting structure, whichever is higher, and natural grade at the
center of the base of the sign.
ORD 2015-23 Page 14 of 39
B. Building and Electrical Codes Applicable
All signs must conform to the regulations and design standards of the Building Code,
UL standards and other Codes of the Town. Wiring of all electrical signs must
conform to the current Electric Code of the Town.
C. Illuminated Signs
Signs with external lighting shall be down -lighted. The light source shall be fully
shielded such that it cannot be seen from the property line of the site on which the
sign is located. Although the light cast from the source may be visible at the
property line of an abutting residential property, any spillover light at the abutting
residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs
shall be permitted by meritorious exception as provided for in Section 4.13 -
Meritorious Exceptions & Appeals.
D. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs
Nothing in this Article shall be construed to prevent the display of a national or
state flag, or to limit flags, insignias, legal notices, or informational, directional or
traffic signs which are legally required or necessary to the essential functions of
government agencies (State, Federal, and the Town of Trophy Club only). Stop
signs and street signs placed within the Town shall conform to the design
specified in the Town's Subdivision Regulations and other standards adopted by
the Town. Temporary Government Signs may be utilized by any governmental
agency and shall meet the requirements of Section 4.08(E) in addition to other
applicable requirements of this Article.
2. Addresses
Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and
size of the sign do not exceed the requirements of such law, order, rule or
regulation.
3. The occupant of a premise may erect not more than two (2) protective signs in
accordance with the following provisions:
a. Each sign must not exceed one (1) square foot in effective area;
b. Detached signs must not exceed two (2) feet in height; and
c. Letters must not exceed four (4) inches in height.
ORD 2015-23 Page 15 of 39
4. Temporary holiday decorations are permitted
5. Vehicular signs are prohibited except as specifically allowed by this Article;
however, vehicular signs shall be allowed on construction trailers, on
construction sites, on transport vehicles being loaded or unloaded, and on
passenger vehicles parked at the Owner's or user's place of residence or
business.
E. Billboard Signs — CEVMS
Pursuant to Section 4.09 (C) - Miscellaneous Sign Regulations, Billboard Signs are
not allowed within the Town or its extraterritorial jurisdiction unless specifically
authorized by the Town Council upon recommendation of the Town Planning and
Zoning Commission. The erection of new CEVMS Billboard Signs or the modification
or conversion of existing Billboard Signs into CEVMS within the Town limits and the
extraterritorial jurisdiction of the Town is hereby expressly prohibited.
F. CEVMS or Electronic Message Board Signs
For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs,
the approval of Town Council upon recommendation of the Town Planning and
Zoning Commission is required to convert any existing sign into or to construct any
new sign as a CEVMS or to construct any existing sign into or to convert any new
sign into a sign with an Electronic Message Board.
G. Exempt Banner Signs.
Banner Signs not used for commercial purposes, when located wholly on Private
Real Property, shall not be considered Signs for the purposes of this Article and are
therefore exempt from its regulations.
Section 4.04 Traffic Safety
A. Conflicts with Public Signs
No sign shall be erected or maintained at any location where by reason of its
position, size, shape or color, it may obstruct, impair, obscure, interfere with the view
of, or be confused with any traffic control sign, signal or device, or where it may
interfere with, mislead or confuse traffic.
B. Sight Visibility Restriction
No sign shall be located in any Vision Triangle as defined in Section 4.01 -
Definitions.
ORD 2015-23 Page 16 of 39
Section 4.05 Political Signs
1. Duration:
All Political signs meeting the requirements of this Article, shall only be erected or
maintained in a location allowed under this Article for a maximum period of sixty
(60) days before the Signs must be replaced or removed as required by this
Article. Political Signs shall be kept in good repair and proper state of
preservation during the entire time that they are erected. Political Signs
advertising an event, election, function or activity shall be removed within three
(3) days following the date of such event, election, function or activity. Failure to
remove such Signs within the three (3) day period shall give the Designated
Official the authority to remove such Signs without notice.
2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114
Except for Political Signs placed on the public Right of Way portion of either
residentially or non -residentially zoned Private Real Property with the permission
of the property Owner, and meeting the requirements of Section 4.05(A)(5) or
Section 4.05(A)(6), as applicable, no Political Sign shall be erected or placed on
Town owned or leased Property, including without limitation, the Median and
Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's
corporate limits along State Highway 114. Notwithstanding the foregoing,
Political Signs allowed pursuant to a Special Event Permit or as otherwise
expressly authorized by this Article shall be allowed on Town owned or leased
Property in accordance with the terms of an approved Special Event Permit.
3. Town Owned/Leased Property — Sign Walkers with Political Signs
Sign Walkers with Political Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
4. Safety Hazard Prohibited
Political Signs shall not be installed in any manner that may result in a potential
safety hazard of any type, including, but not limited to placement in any Town
Right -of -Way and/or within in a Vision Triangle.
5. Private Real Property - Non -Residential Zoning
No Political Sign shall be erected or placed on Private Real Property zoned for
non-residential use, including but not limited to vacant lots or tracts, unless the
property Owner or other person having custody or control over the property upon
which such Sign is placed or his or her authorized agent or representative has
given written permission and such documentation is provided to the Town
Secretary, or designee, at least one (1) business day prior to the placement of
ORD 2015-23 Page 17 of 39
the Sign on the property. Such written permission filed with the Town shall only
be valid until December 31 of the year in which it was submitted. Political Signs
for which permission has been authorized shall comply with all applicable
requirements of this Article. The property Owner may remove and discard any
such signs placed on the property without permission.
6. Private Real Property - Residential Zoning
No Political Sign shall be erected or placed on Private Real Property zoned for
residential use, including but not limited to property owned by a Homeowners'
Association, unless the property Owner has given verbal or written permission.
Political Signs for which permission has been authorized shall comply with all
applicable requirements of this Article. The property Owner may remove and
discard any such signs placed on the property without permission.
7. Number, Size and Placement
A Political Sign shall not exceed thirty-six (36) square feet in area nor exceed
eight fee (8') in height, as measured from the ground. A Political Sign may not be
illuminated or have any moving elements. No more than one (1) of such signs
for each political candidate and two (2) of such signs per issue on the election
ballot shall be erected on any parcel of land. As used in this section "parcel"
shall mean a piece of land having fixed boundaries, whether those boundaries
are fixed by plat or by metes and bounds.
The front and back surface of a Political Sign shall constitute one (1) sign. For
signs with three (3) or more surfaces, each surface shall constitute a separate
sign for purposes of size requirements. Signs with three (3) or more surfaces are
prohibited on residentially zoned parcels of land.
In the event that the number of Political Signs upon a lot or property exceeds the
total number permitted by this Article, the Political Signs in excess of the number
permitted shall be deemed to be in violation of this Article.
8. Removal
The Designated Official shall have the authority to immediately remove signs in
violation of this Article and shall hold the Signs for five (5) calendar days for
disposal. Additionally, any Political Sign placed, erected, or maintained in
violation of this Article may be removed by the Owner of the Property upon which
the sign has been placed without prior notice of any kind.
9. Vehicle Mounted Political Signs
A Political Sign which is mounted or placed on any trailer or vehicle and which is
not permanently affixed to the trailer or vehicle is permitted. A vehicle with such
ORD 2015-23 Page 18 of 39
a sign may be parked on a public street in accordance with the Town's parking
regulations. For purposes of this paragraph, a Political Sign otherwise required
by this Article to be supported by the ground is not required to be supported by
the ground if it is mounted or placed on a trailer or vehicle in accordance with this
section.
10. Exemption from Permit/Regulations
Political Signs shall not require a sign permit, and except as regulated by this
Section, are exempt from the remainder of the regulations contained in this
Article.
11. Zoning Districts
Political Signs complying with the requirements of this Article shall be allowed in
all zoning districts of the Town.
12. Illumination
Political signs shall not be illuminated and shall comply with all other
requirements of this Article.
Section 4.06 Real Estate Signs - Limited Purpose On -Premise Signs
Real Estate Signs are authorized as a limited purpose On -Premise Sign for Private Real
Property zoned for residential and non-residential use as well as Town owned property
and may be erected, in addition to permanent signage, in accordance with this section:
1. Duration:
All Real Estate Signs meeting the requirements of this Article, shall be
maintained in good condition and shall be removed within three (3) days
following the sale, lease or rental of the property upon which they are located.
Failure to remove such signs within the three (3) day period shall give the
Designated Official the authority to remove such signs without notice.
2. Town Owned/Leased Property- Medians/Right-of-Way/Highway 114.
No Real Estate Sign shall be erected or placed on Town owned or leased
property, including without limitation, in a public Median or a public Right -of -Way.
Any real estate sign so erected or placed upon Town owned or leased property
may be removed by the Designated Official without notice.
ORD 2015-23 Page 19 of 39
3. Open House Signs.
Only On -Premise "Open House" Signs shall be allowed. Such signs shall not be
placed in a Vision Triangle. In the event that any such Sign is not in compliance,
the Designated Official of the Town may remove the Sign without prior notice.
Signs shall not be permitted to be within any Median or Right -of -Way in the
Town.
4. Town Owned/Leased Property - Sign Walkers with Real Estate Signs
Sign Walkers with Real Estate Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
5. Safety Hazard Prohibited
Real Estate Signs shall not be installed in any manner that may result in a
potential safety hazard of any type, including but not limited to placement in any
Town Right -of -Way and/or within in a Vision Triangle.
6. General Regulations Private Real Property - Residential and Non -Residential
Zoning
No Real Estate Sign shall be erected or placed on Private Real Property zoned
for either residential or non-residential use, including but not limited to vacant lots
or tracts, unless the property Owner has given verbal or written permission. Only
On -Premise Real Estate Signs meeting the requirements of this Article shall be
allowed. Real Estate signs shall not be illuminated and shall comply with all
other requirements of this Article. Riders may be attached to Real Estate Signs
as allowed by this Article. Real Estate Signs for which permission has been
authorized shall comply with all applicable requirements of this Article. The
property Owner may remove and discard any such signs placed on the property
without permission.
7. Directional Real Estate Signs.
Except as specifically allowed for Special Events, Off Premise Directional Signs
for Real Estate or Open House purposes shall not be allowed within the Town.
8. Number, Size, and Location
A Real Estate Sign shall contain no more than two (2) sides and shall not exceed
six (6) square feet of text area on each side, including any riders. Signs larger
than six (6) square feet of text area shall be considered as being Permanent
Commercial Signs or Institutional Signs and shall be subject to Section 4.09 -
Permanent Commercial Signs and Institutional Signs of this Article.
ORD 2015-23 Page 20 of 39
The maximum height of such Signs or sign post vertical member shall not exceed
six (6) feet, as measured from the ground.
On all lots other than golf course lots, Real Estate Signs shall be limited to one
(1) advertising sign and one (1) "Open House" sign per lot. On lots adjoining a
golf course, one (1) additional Real Estate advertising Sign may be placed to
face the golf course. One (1) Rider may be placed on each Real Estate Sign
allowed by this section.
9. Removal
The Designated Official shall have the authority to immediately remove Signs in
violation of this Article and shall hold the Signs for five (5) calendar days for
disposal. Additionally, any Real Estate placed, erected, or maintained in violation
of this Article may be removed by the Owner of the Property upon which the Sign
has been placed without prior notice of any kind.
10. Vehicle Mounted Real Estate Signs
A Real Estate Sign which is mounted or placed on any trailer or vehicle and
which is not permanently affixed to the trailer or vehicle is permitted. A vehicle
with such a Sign may be parked on a public street in accordance with the Town's
parking regulations. For purposes of this paragraph, a Real Estate Sign
otherwise required by this Article to be supported by the ground is not required to
be supported by the ground if it is mounted or placed on a trailer or vehicle in
accordance with this section.
11. Exemption from Permit/Regulations
Real Estate Signs shall not require a sign permit, and except as regulated by this
Section, are exempt from the remainder of the regulations contained in this
Article.
12. Zoning Districts
Real Estate Signs complying with the requirements of this Article shall be allowed
in all zoning districts of the Town.
13. Illumination
Real Estate signs shall not be illuminated and shall comply with all other
requirements of this Article.
ORD 2015-23 Page 21 of 39
Section 4.07 Religious Institutional Signs
Religious Institutional Signs shall not contain any commercial message.
1. Zoning Districts
Religious Institutional Signs complying with the requirements of this Article shall
be allowed in all zoning districts of the Town.
Section 4.08 Temporary Signs
A. Temporary Sign Regulations
Except as specifically provided in this Section or in Section 4.05 Political Signs,
Section 4.06 Real Estate Signs - Limited Purposes On -Premise Signs, or Section
4.07 Religious Institutional Signs, the following regulations shall apply to all
Temporary Signs as identified herein, including but not limited to Banner Signs,
Builder Signs, Development Signs, Inflatable Signs, Model Home Signs, Service
Contractor Signs, and Special Purpose Directional (Special Event Permit Only)
Signs.
1. Duration:
All Temporary Signs meeting the requirements of this Article, shall only be
erected or maintained in a location allowed under this Article for a maximum
period of sixty (60) days before the signs must be replaced or removed as
required by this Article. Temporary Signs shall be kept in good repair and proper
state of preservation during the entire time that they are erected. Temporary
Signs advertising an event, election, function or activity shall be removed within
three (3) days following the date of such event, election, function or activity.
Failure to remove such signs within the three (3) day period shall give the
Designated Official the authority to remove such signs without notice.
2. Town Owned/Leased Property - Medians/Right-of-Way/Highway 114
Except for Temporary Signs placed on the public Right of Way portion of either
residentially or non -residentially zoned Private Real Property with the permission
of the property Owner, and meeting the requirements of Section 4.05(A)(5) or
Section 4.05(A)(6), as applicable, no Temporary Sign shall be erected or placed
on Town owned or leased Property, including without limitation, the Median and
Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's
corporate limits along State Highway 114. Notwithstanding the foregoing,
Temporary Signs allowed pursuant to a Special Event Permit or as otherwise
expressly authorized by this Article shall be allowed on Town owned or leased
Property in accordance with the terms of an approved Special Event Permit or
specific provision of this Article.
ORD 2015-23 Page 22 of 39
3. Town Owned/Leased Property — Sign Walkers with Temporary Signs
Sign Walkers with Temporary Signs shall be prohibited upon all Town owned
Property, including without limitation, public Medians and public Right -of -Way.
4. Safety Hazard Prohibited
Temporary Signs shall not be installed in any manner that may result in a
potential safety hazard of any type, including, but not limited to placement in any
Town Right -of -Way and/or within in a Vision Triangle.
5. Private Real Property - Non -Residential Zoning
No Temporary Sign shall be erected or placed on Private Real Property zoned
for non-residential use, including but not limited to vacant lots or tracts, unless
the property Owner upon which such sign is placed has given written permission
and such documentation is provided to the Town Secretary, or designee, at least
one (1) business day prior to the placement of the sign on the property. Written
permission shall be valid for one (1) calendar year from the date upon which
permission is provided. Temporary Signs for which permission has been
authorized shall comply with all applicable requirements of this Article.
6. Private Real Property - Residential Zoning
No Temporary Sign shall be erected or placed on Private Real Property zoned
for residential use, including but not limited to property owned by a Homeowners'
Association, unless the property Owner, has given verbal or written permission.
The Owner may remove and discard any such Signs placed on the property in
violation of this Section without prior notice. Temporary Signs for which
permission has been authorized shall comply with all applicable requirements of
this Article.
7. Number, Size and Placement
A Temporary Sign shall not exceed the maximum height and size limitations as
set forth in this Article, including without limitation, Section 4.09(C) Miscellaneous
Signs Regulations — Table, of this Article. No more than one (1) of such Signs
shall be erected on any parcel of land unless expressly authorized for the Sign
type in Section 4.09(C). As used in this section "parcel" shall mean a piece of
land having fixed boundaries, whether those boundaries are fixed by plat or by
metes and bounds.
The front and back surface of a Temporary Sign shall constitute one (1) sign. For
signs with three (3) or more surfaces, each surface shall constitute a separate
sign for purposes of size requirements. Signs with three (3) or more surfaces are
prohibited on residentially zoned parcels of land.
ORD 2015-23 Page 23 of 39
In the event that the number of Temporary Signs upon a lot or property exceeds
the total number permitted by this Article, the Signs in excess of the number
permitted shall be deemed to be in violation of this Article. For non -residentially
zoned districts, the Designated Official shall have the authority to immediately
remove the Signs and shall hold the signs for five (5) calendar days for disposal.
8. Removal
Any Temporary Sign placed, erected, or maintained in violation of this Article
may be removed by the Designated Official, property Owner without prior notice
of any kind.
9. Vehicle Mounted Temporary Signs
A Temporary Sign which is mounted or placed on any trailer or vehicle and which
is not permanently affixed to the trailer or vehicle is permitted. A vehicle with
such a Sign may be parked on a public street in accordance with the Town's
parking regulations. For purposes of this paragraph, a Temporary Sign
otherwise required by this Article to be supported by the ground is not required to
be supported by the ground if it is mounted or placed on a trailer or vehicle in
accordance with this section.
10. Exemption from Permit/Regulations
Temporary Signs shall not require a Sign permit unless specifically required by
this Article or by the Schedule of Fees adopted by the Town.
11. Zoning Districts
Temporary Signs shall only be allowed in those zoning districts designated for
the specific Sign type in accordance with Section 4.09(C) Miscellaneous Signs
Regulations — Table, of this Article.
B. Banner Signs
1. Number, Size and Placement
Only one (1) Banner Sign per premises or lease space shall be allowed. The
size of such Sign shall be no more than thirty-six (36) square feet per premise or
lease space. Display of Banner Signs shall comply with the requirements of
Section 4.08(B)(2) of this Article and shall be allowed no more than two (2) times
annually.
ORD 2015-23 Page 24 of 39
2. Duration
Banner Signs shall be permitted for no more than thirty (30) consecutive days.
At least ninety (90) days shall lapse between the end of the first period of display
and the beginning of the second period of display.
3. Zoning Districts
Banner signs shall only be allowed in non-residential zoning districts.
C. Special Purpose Signs for Special Events
Special Purpose Signs complying with the provisions of this Section shall be allowed
in conjunction with Special Events provided that a Special Event Permit issued
pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for
the Event. Special Purpose Signs may be posted for Events that are expressly
exempt from the Requirements of Article XV of Chapter 10 provided however that all
such signs shall comply with the requirements of this Section and other applicable
provisions of the Sign Ordinance.
1. Number, Size and Placement
a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be
allowed on the Special Event site. Placement of the Banner shall be subject
to the requirements of the Special Event Permit or the approval of the
Community Development Director when a Special Event Permit is not
required. A Banner shall not be strung between trees, but shall be securely
attached to a building, or securely strung between two (2) temporary poles.
b. Special Purpose Signs - Special Event Permit. Special Purpose Signs,
including without limitation, Directional Signs and Directional Real Estate
Signs, shall only be allowed for Special Events pursuant to a Special Event
Permit. Except as specifically allowed for in this Section, Directional Signs
shall not be allowed within the Town. In addition to the requirement to obtain
a Special Event Permit, prior to the placement of a Special Purpose Sign, any
person or entity placing such a sign shall also have received authorization or
approval for such placement from the Owner of the property upon which such
sign is placed, and shall comply with applicable notification requirements set
forth in this Article.
D. Duration
Special Purpose Signs authorized by this Section in accordance with a valid
Special Event Permit shall be allowed up to fourteen (14) days prior to the date of
ORD 2015-23 Page 25 of 39
the Event. All signage shall be removed within twenty-four (24) hours following
the conclusion of the Event.
E. Temporary Government Signs
Temporary Government Signs may include those signs of any government
agency, including agencies other than the State Government, Federal
Government or Town of Trophy Club, and may be placed for a limited time to
provide time specific, seasonal, or other necessary public service or regulatory
information to the community. These Signs shall require a Temporary Permit
and shall otherwise comply with all requirements of this Article, including without
limitation, all regulations governing Temporary Signs.
Section 4.09 Permanent Commercial and Institutional Signs
A. General Regulations. Permanent Commercial Signs and Institutional Signs shall
include the following sign types and shall be subject to the following provisions:
1. On -Premise Signs (Monument and Wall)
Signs in areas zoned for Non -Residential purposes shall be On -Premises signs.
2. Maximum Gross Surface Area
The face of each sign shall not exceed the gross surface area as outlined below.
3. Monument signs shall not exceed ten feet (10') in height.
4. No commercial sign shall be allowed which is painted on the wall of any building
or on any part of a building.
5. Signs owned, constructed and used by the Town to provide information, direction
and enforcement shall be exempt from these requirements.
6. Wall signs shall be centered horizontally on the store frontage for a tenant's
space. The maximum copy height shall not exceed two feet (2'), six inches (6").
The minimum copy height shall be one foot (1'), two inches (2"). The mounted
copy depth shall be five inches (Y). Wall signs shall not project more than
twelve inches from the wall surface.
B. Illumination of Signs
a. Internally lit, individual aluminum channel letters shall have a 1/8" Plexiglas
front. The raceway shall be painted to match the surface upon which it is
mounted.
ORD 2015-23 Page 26 of 39
b. The raceway shall allow appropriate internal reinforcing and adequate service
access for all hardware. No wiring, angle iron or other supports shall be
exposed. The raceway shall contain all transformers and wiring for the
letters.
c. Illuminated signs which are visible through the window of a tenant's space
shall be set back a minimum of two (2") inches from the face of the window.
The distance shall be measured from the front surface of the sign to the face
of the window. If the front surface contains letters or other symbols that
project outward, then the distance shall be measured from that point.
C. Miscellaneous Sign Regulations - Table
The following table entitled "Signage Criteria" contains regulations applicable to the
Sign types listed below. No person shall construct, allow, maintain or allow the
construction or maintenance of sign in violation of any of the regulations provided
below:
ORD 2015-23 Page 27 of 39
Maximum
Maximum
Maximum
Zoning
Permanent/
Duration
Sign Type
Number
Size & Height
District
Temporary
A-Frame/Sandwich
Board
Prohibited
Apartment
1 per entry
50 sq ft/
Life of
Residential
Permanent
Permit
Awning
Prohibited
Bandit
Prohibited
Banner, Feather Flag,
1 per premise or
36 sq ft.
N/A
30 days
Non-
Temporary
Tear Drop Flag, Wind
lease space no
Residential
Device, Bow Flag
more than 2 times
annually
Billboard
Along property
To be determined by the Town
Non-
Permanent
which abuts State
Council upon recommendation
Residential
Highway 114
of the Planning & Zoning
Commission
Builder/Contractor
2 per premise
6 sq ft
4 ft
Removed
All Districts
Temporary
upon sale,
lease, rental
Bulletin Board
To be determined by the Town Council upon
Residential
Permanent
recommendation of the Planning & Zoning
Commission
Canopy
25 sq ft or 10% of the face of the canopy
Life of
Non-
Permanent
of which it is a part of or to which it is
Structure
Residential
attached, whichever is greater
ORD 2015-23 Page 27 of 39
ORD 2015-23 Page 28 of 39
Maximum
Maximum
Maximum
Zoning
Permanent/
Sign Type
Number
Size & Height
Duration
District
Temporary
Contractor Service
No limit provided
6 sq ft
4 ft
14 Days
All Districts
Temporary
total combined sq
after
footage does not
completion
exceed 6 sq ft
of service
CEVMS
1 per premise with
50 sq.
4 ft.
Life of
All Districts
Permanent
approval of the
ft.
Permit
Town Council
upon
recommendation
of the Planning
and Zoning
Commission; Not
allowed on
Billboards
Development
1 per
32 sq ft
5 ft
Residential:
All Districts
Temporary
project/premise
90% of all
lots/houses
sold
Commercial:
Completion
of Project
Directional
6 sq ft
3 ft
Life of
All Districts
Permanent
Permit
Directional Temporary
Prohibited except as allowed with a Special Event Permit
Temporary
Real Estate
Directory
1 per premise
To be determined by the Town
Non-
Permanent
Council upon recommendation
Residential
of the Planning & Zoning
Commission
Electronic Message
1 per premise with
50 sq. ft,
4 ft
Life of Permit
All Districts
Permanent
Boards
approval of the
Town Council
upon
recommendation
of the Planning
and Zoning
Commission; Not
allowed on
Billboards
Fence
Prohibited
Flashing
Prohibited
ORD 2015-23 Page 28 of 39
ORD 2015-23 Page 29 of 39
Maximum
Maximum
Max4Height
Zoning
Permanent/
Sign Type
Number
SizDuration
District
Temporary
Government Permanent
No limit — As
No limit - No limit
All Districts
Permanent
Required
As As — As
Required Required Required
Government Temporary
Restricted
Temporary
Ground
1 per
16 sq
4 ft
Life of
All Districts
Permanent
entry/premise
ft
Permit
Illuminated
1 per premise
50 sq
Life of
Non-
Permanent
ft
Permit
Residential
Inflatable
1 per premise
To be determined by the Town
All Districts
Temporary
Council upon recommendation
of the Planning & Zoning
Commission
Institutional
1 per
50 sq
4 ft
Life of
Non-
Permanent
entry/premise
ft
Permit
Residential
Model Home
1 per Model
16 sq
4 ft
Removed
Residential
Temporary
Home
ft
upon sale,
Districts
lease, rental
Monument
1 per
50 sq
10 ft
Life of
All Districts
Permanent
entry/premise
ft
Permit
Nameplate
1 per lease space
2 sq ft
1 ft
Life of
Non-
Permanent
Permit
Residential
Off -Premise
Prohibited
Political
36 sq
8 ft
60 days
All Districts
Temporary
ft
Portable
Restricted
Projecting
Prohibited
Protective
2 per premise
1 sq ft
2 ft
Life of
All Districts
Temporary or
structure
Permanent
Real Estate
Restricted
Rider
Allowed with Real Estate Sign
Roof
Prohibited
Special Purpose
1 pre premise/lot
6 sq ft
4 ft
14 days
All Districts
Temporary
prior/24 hr
following
ORD 2015-23 Page 29 of 39
Section 4.10 Permissible Signs Not Requiring Permits
A. The following Signs shall be subject to all limitations and provisions provided in this
Article, and shall not require a sign permit. These exceptions shall not be construed
as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Article or any other law
or code regarding the same:
1. Changeable Copy
The changing of advertising copy or message on a painted or printed sign, or the
changing of advertising copy or message on a changeable reader board
specifically designed for use of replaceable copy, not to include Programmed
Electronic Display.
2. Holiday Decorations
Signs or materials displayed in a temporary manner during traditional, civic,
patriotic or religious holidays.
3. Internal Signs
Signs visible only from the premises on which located or visible from off the
premises only through a window or windows from which they are set back.
ORD 2015-23 Page 30 of 39
Maximum
Maximum
Maximum
Zoning
Permanent/
Sign Type
Number
Size & Height
District
Temporary
Duration
Temporary Pole
1 per premise/lot
32 sq ft
5 ft
1 year from
All Districts
Temporary
temporary
permit
issuance
Wall
1 per lease space
40 sq ft or the
Life of
Non-
Permanent
product of 2
Permit
Residential
times the lineal
width of the wall,
whichever
greater. Shall
not exceed 75%
of the width or
the height of the
available wall
area or store
frontage for a
tenant's space
Window
No limit provided total combined sq
Life of
Non-
Permanent
footage does not exceed 25% of the
Permit
Residential
visible window area available in the
absence of any signs
Section 4.10 Permissible Signs Not Requiring Permits
A. The following Signs shall be subject to all limitations and provisions provided in this
Article, and shall not require a sign permit. These exceptions shall not be construed
as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Article or any other law
or code regarding the same:
1. Changeable Copy
The changing of advertising copy or message on a painted or printed sign, or the
changing of advertising copy or message on a changeable reader board
specifically designed for use of replaceable copy, not to include Programmed
Electronic Display.
2. Holiday Decorations
Signs or materials displayed in a temporary manner during traditional, civic,
patriotic or religious holidays.
3. Internal Signs
Signs visible only from the premises on which located or visible from off the
premises only through a window or windows from which they are set back.
ORD 2015-23 Page 30 of 39
4. Memorial Signs
Markers, plates, plaques, etc., when deemed an integral part of a structure,
building or landscape.
5. National and/or State Flag
Display of flags is allowed.
6. Vehicle Mounted Signs
Except as otherwise regulated herein, Signs located on motor vehicles or trailers
bearing current license plates and inspection stickers, when appropriate, which
are traveling or lawfully parked upon public roadways or lawfully parked upon any
other premises for a period not to exceed four (4) hours or for a longer period
where the primary purpose of such parking is not the display of any sign.
7. Other Signs as specifically identified herein.
Section 4.11 Temporary Permits
The Designated Official of the Town of Trophy Club upon application from an individual
or company may grant Temporary Permits or Waivers to hang Banners and/or Signs for
Commercial purposes or Temporary Government Signs as set forth in Section 4.08 —
Temporary Signs, of this Article. Signs approved by the Designated Official as meeting
the criteria necessary to satisfy the provisions found in Section 4.08 — Temporary Signs,
of this Article may be displayed on a temporary basis not exceeding a six (6) week
period. The length of the temporary permit will be at the discretion of the Designated
Official, not exceeding the maximum six (6) week period at the discretion of the
Designated Official, unless good cause is shown by the Permit Applicant that public
interest or necessity requires a longer period for the Temporary Permit . The
Designated Official may extend the Temporary Permit for four (4) additional consecutive
thirty (30) day periods provided that each extension shall be at the Designated Official.
At the time of expiration of the Temporary Permit or Waiver, it shall be the responsibility
of the applicant to remove the Banner or Sign. The application process for a temporary
permit or waiver shall be governed by the same guidelines as set forth in Section 4.02 —
Permit Requirements, herein. A permit for a Temporary Pole Sign may be issued for an
initial period not to exceed one (1) year. An applicant may request one (1) additional
renewal for a period up to one (1) year. Such renewal may, within the discretion of the
Designated Official, be granted if the Sign is in good and sound condition and meets the
requirements of this Article. Appeals of decisions of the Designated Official under this
Section shall be allowed under Section 4.13 Meritorious Exceptions and Appeals.
ORD 2015-23 Page 31 of 39
Section 4.12 Non -Conforming Uses
A. Any existing Sign that does not conform to the regulations stated herein shall be
deemed a nonconforming sign and shall be subject to the provisions of Section 4.14
— Maintenance of Signs of this Article. It is the declared purpose of this Section that
nonconforming Signs and Signs directing attention to nonconforming uses eventually
discontinue and the signage comply with the regulations stated herein, having due
regard for the investment in such signs.
B. The Designated Official, after ten (10) days written notice to the Owner of the
premises on which the Sign is located, shall have the authority to remove any
nonconforming sign which either:
1. Was not permanently affixed to the ground on the effective date of this Article, or
2. Was erected in violation of this Article or other Town Code in effect at the time of
its erection.
C. The Town Council may order nonconforming signs to be removed upon and subject
to compliance with Chapter 216, Texas Local Government Code, as amended,
provided that the Signs:
1. Are not permanently affixed to the ground on the effective date of this Article,
2. Were erected in conformity with this Article and/or other Town Codes in effect at
the time of their erection, and
3. Remain in place after six (6) months from the effective date of this Article.
D. An Owner of any lawfully existing nonconforming use or building may erect and
maintain a Sign in accordance with the regulations contained herein.
E. Moving, Relocating, or Altering of Signs
No nonconforming sign shall be moved, altered, removed and reinstalled, or
replaced unless it is brought into compliance with the requirements of this Article.
F. Change in Use or Occupant of a Structure
Any nonconforming sign may continue to be utilized as long as the occupancy within
the structure remains the same. When a use changes from one occupancy category
to another, or when there is a change in occupant, all signs serving that occupant,
shall be brought into conformance with the provisions of this Article.
ORD 2015-23 Page 32 of 39
Section 4.13 Meritorious Exceptions and Appeals
A. In the development of these criteria, a primary objective has been ensuring against
the kind of signage that has led to low visual quality. On the other hand, another
primary objective has been the guarding against signage over -control.
B. It is not the intention of these criteria to discourage innovation. It is entirely
conceivable that signage proposals could be made that, while clearly nonconforming
to this Article and thus not allowable under these criteria, have obvious merit in not
only being appropriate to the particular site or location, but also in making a positive
contribution, to the visual environment.
Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear consider a request for a meritorious
exception under this Section.
C. In order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions of this
Article, the Town Council shall hear appeals with respect to any actions of the
Designated Official in the interpretation and enforcement of this Article. Any such
appeal shall be brought, by written application filed by an interested party, to the
Designated Official within ten (10) days after the action of the Designated Official
which is the subject of the appeal. Enforcement of this Article shall be stayed
pending such appeal. In hearing such appeals, the Planning and Zoning
Commission shall review the determination of the Designated Official and, in doing
so, may consider whether or not the regulations and standards of this Article will, by
reason of exceptional circumstances or surroundings, constitute a practical difficulty
or unnecessary hardship. The Planning and Zoning Commission shall forward a
recommendation to the Town Council, who shall act on the subject of the appeal. A
decision of the Council shall be final.
D. Unique signs that demonstrate increased quality and standards but do not meet the
dimension standards provided in this section may be permitted by means of
"meritorious exception" as provided in Section 4.13 — Meritorious Exception and
Appeals.
Section 4.14 Maintenance of Signs
A. Maintenance
Each Sign allowed by this Article shall be maintained in a safe, presentable, and
good condition, including the replacement of defective parts and other acts required
for the maintenance of such sign, without altering the basic copy, design or structure
of the sign. The Building Official shall require compliance or removal of any Sign
determined by the Building Official to be in violation of this section in accordance
with the enforcement provisions set forth below.
ORD 2015-23 Page 33 of 39
B. Dilapidated or Deteriorated Signs
No person shall maintain or permit to be maintained on any premises owned or
controlled by him or her any sign which is in a dilapidated or deteriorated condition
as defined herein. Upon notice of violation, any such Sign shall be promptly
removed or repaired by the owner of the Sign or the Owner of the premises upon
which the sign is located in accordance with the enforcement provisions set forth
below.
Section 4.15 Violations
A. A person shall be responsible for a violation of this Article if the person is:
1. The permit holder, owner, agent, or person(s) having the beneficial use of the
sign,
2. The Owner of the land or structure on which the sign is located; or
3. The person in charge of erecting the sign.
B. It shall be unlawful for any person to erect, replace, alter, or relocate any Sign within
the Town of Trophy Club, or cause the same to be done, without first obtaining a
permit to do so from the Building Official of the Town of Trophy Club, except as
expressly allowed by by this Article.
C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued
existence of any sign for which the required permit was not obtained.
D. It shall be unlawful for any person to install, construct, or display a prohibited sign,
as defined herein, or any sign in violation of the provisions of this Article within the
Town of Trophy Club or its extraterritorial jurisdiction.
E. It shall be unlawful for any person to intentionally, knowingly or recklessly violate any
term or provision of this Article.
Section 4.16 Enforcement
A. Authority
The Designated Official is hereby authorized to order the repair or removal of any
dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within
the corporate Town limits of Trophy Club or its extraterritorial jurisdiction, in
accordance with the enforcement mechanisms set forth in this section.
ORD 2015-23 Page 34 of 39
B. Notice of Violation
When the Designated Official determines that a Sign located within the corporate
Town limits or extraterritorial jurisdiction of Trophy Club is dilapidated, deteriorated,
illegal, prohibited or abandoned, he shall issue a notice of violation to the Owner of
the Sign or to the owner, occupant, or person in control of the property on which the
sign is located.
1. Contents of Notice of Violation: The notice of violation shall contain:
a. Name of the owner, occupant, manager or other person in control of the
property.
b. Street address sufficient to identify the property on which the alleged violation
occurred.
c. Description of alleged violations and reference to the provisions of this Article
that have been violated.
d. Statement of the action required to correct the violation and a deadline for
completing the corrective action.
e. Statement that failure to take the corrective action within the time specified
may result in one or both of the following consequences.-
i.
onsequences:
i. A criminal penalty not exceeding the maximum amount allowed by law for
each violation,
ii. The Town filing a civil action against owner seeking injunctive relief and/or
civil penalties up to One Thousand Dollars ($1,000) per day for each
violation.
f. Statement informing recipient of their right to appeal the decision of the
Designated Official.
2. Service of Notice of Violation
The Designated Official shall serve a written notice of violation on the Owner of
the sign, or the Owner, occupant, or person in control of the property on which
the sign is located. The notice of violation should be served by either hand -
delivery or by certified mail, return receipt requested. Service by certified mail
shall be effective three (3) days after the date of mailing.
ORD 2015-23 Page 35 of 39
Section 4.17 Enforcement Remedies
A. Criminal Penalties
Any person, firm or corporation violating any of the provisions or terms of this Article
shall be deemed guilty of a misdemeanor, and upon conviction thereof, be subject to
a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and
every day or portion thereof that such violation shall continue shall constitute a
separate offense.
B. Civil Remedies
The Town may file a civil action in State District Court to enforce the requirements of
this Article, seeking injunctive relief and/or civil penalties up to One Thousand
Dollars ($1,000) per day for each offense as authorized by the Texas Local
Government Code, as amended, or any other applicable law.
C. Emergency Removal of Sign
The Town may remove a Sign,
immediate and imminent threat to
deteriorated or structural condition.
D. Remedies Cumulative
which the Designated Official finds to be an
the public safety because of its dilapidated,
All remedies authorized under this Article are cumulative of all others unless
otherwise expressly provided. Accordingly, the filing of a criminal action shall not
preclude the pursuit of a civil or administrative action for violation of this Article nor
shall the filing of a civil action preclude the pursuit of any other action or remedy,
administrative or criminal."
Section 4.18 Prohibition
A. All signs not specifically authorized by this Article shall be prohibited. The following
list is illustrative and is not intended to be an exhaustive listing of prohibited signs:
1. Obsolete Signs
No person shall erect or allow to be displayed upon premises owned or
controlled by them, an obsolete sign.
2. Obstructing Signs
No person shall erect or allow to be displayed upon premises owned or
controlled by them, a sign that prevents free ingress to or egress from any door,
window or fire escape.
ORD 2015-23 Page 36 of 39
3. Signs displaying materials determined to be obscene by a court of law.
4. Signs placed in any location which by reason of their location will obstruct the
view of any authorized traffic sign, signal, or other traffic control device by
vehicular or pedestrian traffic. No sign shall be erected which, by reason of
shape, color, size, design or position, would be reasonably likely to create
confusion with, to be confused as, or to interfere with any traffic signal or device
which is authorized by the appropriate state or local governmental authorities.
Further, no sign shall be placed in a location that will obstruct vision of a vehicle
operator while entering, exiting, or traveling upon the public right-of-way,
including without limitation, a Vision Triangle.
5. Signs placed so as to prevent or inhibit free ingress to or egress from any door,
window, or any exit way required by the Building Code of the Town of Trophy
Club or by Fire Department regulations.
6. A -frame and sandwich board signs.
7. Signs located on public property, including but not limited to signs attached to
any public utility pole or structure, street light, tree, fence, fire hydrant, bridge,
curb, sidewalk, park bench, or other location on public property.
8. Roof Signs.
9. Signs attached to a standpipe or fire escape.
10. Bandit Signs
11. Awning Signs
12. Fence Signs
13. Flashing Signs
14. Off -Premise (except as expressly allowed in this Article)
15. Projecting Signs
16. No person shall attach any sign, paper or other material, or paint, stencil or write
any name, number (except house numbers) or otherwise mark on any sidewalk,
curb, gutter, street, utility pole, public building, or structure except as otherwise
allowed by this Article."
ORD 2015-23 Page 37 of 39
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to
any and all violations of the provisions of any Ordinances that have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person -violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance.
ORD 2015-23 Page 38 of 39
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 13th day of October, 2015.
z_
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST: �� y
I � , r� Q <
FTolly Fimbrds, Town Secretary'
Town of Trophy Club, Texas
APPROVED AS TO FORM:
'r WC�I
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-23 Page 39 of 39