Loading...
Agenda Packet P&Z 02/19/2015Trophy Club Entities TOWN OF Meeting Agenda TROPHY CLUB Thursday, February 19, 2015 Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 7:00 PM Svore Municipal Building Boardroom CALL TO ORDER AND ANNOUNCE A QUORUM REGULAR SESSION 1. 2015-0135-T Consider and take appropriate action regarding the December 11, 2014 Planning and Zoning Commission meeting minutes. Attachments: MeetingMinutes 12112014.pdf 2. 2015-0133-T Discussion and recommendation regarding a request from Pulte Group for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2830 Waverly Drive. Attachments: Staff Report - PZ- 021915 - TUP Construction Trailer.pdf 3. 2015-0134-T Discussion and recommendation regarding a request from Lennar Homes for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2824 Balmoral Drive. Attachments: Staff Report - PZ- 021915 - TUP Construction Trailer.pdf 4. 2015-0094-T Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Attachments: PZ 021915 - Staff Report Sign Ordinance Revisions.pdf Article IV - Sian Reaulations - Redline NOTES AFTER TC 011315 MEETING - ADJOURN *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. Planning and Zoning Commission 1 of 48 February 19, 2015 Planning & Zoning Commission Meeting Agenda February 19, 2015 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on February 13, 2015 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Matt Jones Senior Planner If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the day of 2015. , Title: Planning and Zoning Commission 2 of 48 February 19, 2015 ipal ive Trophy Club Entities Troph0yy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0135-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 2/13/2015 In control: Planning & Zoning Commission On agenda: 2/19/2015 Final action: Title: Consider and take appropriate action regarding the December 11, 2014 Planning and Zoning Commission meeting minutes. Attachments: MeetingMinutes 12112014.pdf Date Ver. Action By Action Result Consider and take appropriate action regarding the December 11, 2014 Planning and Zoning Commission meeting minutes. Planning and Zoning Commission 3 of 48 February 19, 2015 C*:: TOWN OF TROPHY CLUB December 11, 2014 STATE OF TEXAS § COUNTY OF DENTON § Trophy Club Entities Meeting Minutes Planning & Zoning Commission 100 Municipal Drive Trophy Club, Texas 76262 6:58 P.M. Svore Municipal Building Boardroom PLANNING AND ZONING COMMISSIONERS PRESENT: Dennis Sheridan Chairman Larry Vowell Vice Chairman Brent Card Commissioner Jon Mills Commissioner LuAnne Oldham Commissioner Susan Ross Commissioner Richard Senelly Commissioner STAFF PRESENT: Matt Jones Senior Planner Robbie Killingsworth Recording Secretary APPLICANT(S) PRESENT: Matt Moore Claymore Engineering Rian Maguire CHC Development Rory Maguire CHC Development Steven R. Homeyer Homeyer Engineering Sanjay Joshi Savi Management Company CALL TO ORDER AND ANNOUNCE A QUORUM Chairman Sheridan called the December 11, 2014, Planning and Zoning Commission meeting to order at 6:58 p.m. and announced a quorum present (7 members). REGULAR SESSION 1. Consider and take appropriate action regarding the November 6, 2014, Planning and Zoning Commission meeting minutes. Chairman Sheridan asked for corrections or comments on the November 6, 2014, Planning and Zoning Commission meeting minutes. Chairman Sheridan asked for a motion. Motion made by Vice Chairman Vowell, seconded by Commissioner Senelly, to approve the November 6, 2014, Planning and Zoning Commission meeting minutes. Motion carried 6 to 1 with Chairman Sheridan, Vice Chairman Vowell, Commissioner Card, Commissioner Mills, Commissioner Oldham, and Commissioner Ross voting for and Commissioner Senelly abstaining. Planning and Zoning Commission 4 of 48 February 19, 2015 2. Discussion and recommendation regarding a request for approval of a Site Plan for Lot 2, Block 1, Trophy Club Village Centre, Trophy Club, TX. Staff confirmed Lot 2, Block 1, Trophy Club Village Centre and Wonderland Plaza Addition, Block A, Town of Trophy Club, Denton County, Texas are both in the M.U.D. and have Fire Protection. Applicant, Matt Moore with Claymore Engineering on behalf of CHC Development, presented a brief overview. Rian Maguire and Rory Maguire with CHC Development also answered questions from commissioners. Staff report given followed by commissioner's questions and comments. Motion made by Commissioner Senelly, seconded by Commissioner Mills, to table 2014-1679-T until next Planning and Zoning Commission meeting. Motion passed unanimously. Questions and comments between commissioners, staff, and applicant, Steven R. Homeyer with Homeyer Engineering and Sanjay Joshi with Savi Management Company regarding agenda item 3, agenda item 4, and agenda item 5, prior to moving to discussion and recommendation of agenda item 3, agenda item 4, and agenda item 5. 3. Discussion and recommendation regarding a request for approval of a Preliminary Plat for Wonderland Plaza Addition, Block A (4.52 acres), being situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy Club, Denton County, Texas, and being located in Planned Development No. 27. Motion made by Commissioner Senelly, seconded by Vice Chairman Vowel], to approve the Preliminary Plat as drawn. Motion carried 6 to 1 with Chairman Sheridan, Vice Chairman Vowel], Commissioner Senelly, Commissioner Mills, Commissioner Oldham, and Commissioner Ross voting for and Commissioner Card abstaining. 4. Discussion and recommendation regarding a request for approval of a Final Plat for Wonderland Plaza Addition, Block A (4.52 acres), being situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy Club, Denton County, Texas, and being located in Planned Development No. 27. Motion made by Commissioner Senelly, seconded by Commissioner Mills, to approve the Final Plat as drawn. Motion passed unanimously. 5. Discussion and recommendation regarding a request for approval of a Site Plan of proposed Lots 1 and 2, Block A, Wonderland Plaza Addition, Trophy Club, TX. Chairman Sheridan asked for a motion. December 11, 2014 Minutes Page 2 of 3 Planning and Zoning Commission 5 of 48 February 19, 2015 Motion made by Chairman Sheridan, seconded by Commissioner Senelly to recommend approval of a Site Plan of proposed Lots 1 and 2, Block A, Wonderland Plaza Addition, Trophy Club, TX., subject to traffic issues being addressed, specifically: • no parking signs on Bobcat Blvd. • restriping Bobcat Blvd. to accommodate the Site Plan • crosswalk on Bobcat Blvd. to the Byron Nelson High School sidewalk • no signs are part of this approval • complete the sidewalk with the first construction project • parking to be corrected to meet code • fence between the retail and the Parks Department only if required by zoning code • landscape sheet correction as noted to the applicant • fire lane: confirm where and how it is going to service the full Montessori school and show it on the Site Plan • Show a proposed access easement between the parking lot at the front of the property to the LDS Church on the east side. Motion passed unanimously. 6. Future Agenda Items and questions or discussion of current and future items. Staff reports there has been a submittal under review for a Preliminary Plat for Hillside Pointe located in Planned Development No. 33. Future agenda items: Review Development Standards for R-12, R-15, CR, and park land zoning districts. Staff notes a special meeting for Planning and Zoning Commission has been called for January 8, 2015. ADJOURN Chairman Sheridan asked for a motion. Motion made by Chairman Sheridan, seconded by Vice Chairman Vowel], to adjourn. Motion carried unanimously. Meeting adjourned at 9:20 p.m. Dennis Sheridan, Chairman Planning and Zoning Commission Town of Trophy Club, Texas Matt Jones, Senior Planner Community Development Town of Trophy Club, Texas December 11, 2014 Minutes Page 3 of 3 Planning and Zoning Commission 6 of 48 February 19, 2015 ipal ive Trophy Club Entities Trophhyy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0133-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 2/13/2015 In control: Planning & Zoning Commission On agenda: 2/19/2015 Final action: Title: Discussion and recommendation regarding a request from Pulte Group for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2830 Waverly Drive. Attachments: Staff Report - PZ- 021915 - TUP Construction Trailer.odf Date Ver. Action By Action Result Discussion and recommendation regarding a request from Pulte Group for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2830 Waverly Drive. Planning and Zoning Commission 7 of 48 February 19, 2015 7TOWN OF *TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission February 19, 2015 TUP-15-005 — Construction Trailer SUBJECT: Discussion and recommendation regarding a request from Pulte Group for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2830 Waverly Drive. REQUEST: The applicant, Pulte Group, is requesting approval of a Temporary Use Permit to allow a Construction Trailer for construction located in The Highlands at Trophy Club. CURRENT CONDITIONS: The subject property is currently zoned "PD -27" — Planned Development 27 and currently has a construction trailer on the property. The property is zoned and platted for single-family residential. STAFF REVIEW: The applicant is requesting to continue to locate a Construction Trailer on the subject property to provide office space for the builder during home construction in The Highlands. The Zoning Ordinance allows temporary uses for a period of time, provided that they are properly screened and provided they will be removed from the site upon completion of the project. Construction Trailer Temporary Use Permits are to be reviewed annually. STAFF RECOMMENDATION: Staff has reviewed the request and recommends approval as requested. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this request on February 19, 2015. Attachments: Exhibit "A" — Application Exhibit "B" - Location Map Exhibit "C" — Plot Plan Planning and Zoning Commission 8 of 48 February 19, 2015 Exhibit "A" TWD - 4 g TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 PHONE # (682) 831-4681 ; FAX # (817) 490-0705 TEMPORARY USE PERMIT APPLICATION DATE: 1/20/2015 ADDRESS OR AREA OF REQUEST: 2830 Waverly Drive SECTION: Neighborhood 7, Phase 2G, ZONING DISTRICT: PD -27 Block V, Lot 16 NAMEINAME OF ORGANIZATION: PulteGroup__ APPLICANT/ORGANIZATION ADDRESS: 4800 Regent Blvd. 5TE 100 Irving, TX 75063 PHONE #: FAX #: EMAIL ADDRESS: 972-304-2841 alyson.wolf@pultegroup.com DESCRIPTION OF Construction Trailer TEMPORARY USE REQUEST: DATE OF REQUEST: 1/20/2015 TIME OF EVENT: 2014-2016 DEPARTMENT OF PUBLIC SAFETY APPROVAL: NIA Yes ❑ No ❑ *A SITE PLAN MUST BE SUBMITTED WITH THIS APPLICATION SLOWING LOCATION OF TEMPORARY USE FOR PLANNING DEPARTMENT USE Application Submission Fee: taG Date: f11-5 Check No_: �fo7 TIMELINE EVENT DATE ■COMMENTS *P&Z Commission Z1 Meeting f Town Council Meeting Effective Date of EventfUse Expiration Date of Event/Use *Extension Granted by Zoning Coordinator It appucanie, see 40cnng rcequirements for aetaits Q:W&ZAPianning & ZoninglFormsAppllcM[onslTemporary Use Permit Application '�'ECRJVED JAS! 2.6 2015 Planning and Zoning Commission 9 of 48 February 19, 2015 Exhibit "B" LOT 16 q I I FP -584.6 I I 4432-01622 -16) NEIGHBORHOOD 7. PHASE 2G PLOT PLAN LEGENDSL_ 8MOM LOE SUBDIVISION: THE HIGHLANDS AT TROPHY CLUB ur = LF7fL17Y £A5iwrw 7W s MP Or WALL SW = ROMOrr OF WA41 BLOC �E V LOT: 16*PulteGrouprP Tc = 7010 or CURB - FM&iED PAD F STREET ADDRESS: 2830 WAVERLEY DRIVE 'x DIRCCAON OF FU DATE: 4-9-13 1 TOWN: TROPHY CLUB, DENTON COUNTY TEXAS SCALE: 1" = 20' REVISION: REVISION: J� TOTAL LOT 9989 $0. FT TROPHY PARK DRIVE OPEN SPACE �cl 85.,9 TW � w vy 1 I 75.12' 65.4 BW LOT 16 q I I FP -584.6 I I 28' 28' X 8' CONSTRUCTION TRAILER WALK a d LOT 15 10' UE rMS MWM XXT PRAARm fM„ ,, ,90 fWMVTD eY >C OA%� Mtam 2830 WAVERLEY DRIVE BM.M ZYV au RMW nas Ow1MW FO 9N5UW 06NIPLeW X WM AU ZOAWYG AW 50 R.O.W, NUUM COVE RECWATIOYS Mq M6 PROPERTY. BEFORE C016n i TAOM OF AMY Md R7 S[XRR OR C N FRAMR S -Ma YERR7 &i PRDPERTr LMM SAS YARD SEWOU AW FA3OME M ORDER TO COMPLY WN ALL FEDOM STATE AAS /0M CODES MAWN= AAV RESYMCCMW6 STREET ALLEY AM :S7Y#1pV/C L0C4"aV5 ARE MR UVSTRATNB PYA4POM OMLY REFER IV W,nWMENr PL.A FOR L1LNfi7RfI MP4 MMDFA' SMD" COAFAiW TFGT POS fAYCWf IGS NO GGWFLeCTS MFM MEA' MQZF0M0M I0F0=VM OR OTMER SMWTORST 82.3 7082.1 j es�Aow 48uavflrir.c— 105 DENTON ST, ROANOKE, TEXAS 76262 WONE (817) 981-0082 FAX (817) 961-0986 Planning and Zoning Commission 10 of 48 February 19, 2015 � 1 J� 0-'DM`C' �cl I I I 28' 28' X 8' CONSTRUCTION TRAILER WALK a d LOT 15 10' UE rMS MWM XXT PRAARm fM„ ,, ,90 fWMVTD eY >C OA%� Mtam 2830 WAVERLEY DRIVE BM.M ZYV au RMW nas Ow1MW FO 9N5UW 06NIPLeW X WM AU ZOAWYG AW 50 R.O.W, NUUM COVE RECWATIOYS Mq M6 PROPERTY. BEFORE C016n i TAOM OF AMY Md R7 S[XRR OR C N FRAMR S -Ma YERR7 &i PRDPERTr LMM SAS YARD SEWOU AW FA3OME M ORDER TO COMPLY WN ALL FEDOM STATE AAS /0M CODES MAWN= AAV RESYMCCMW6 STREET ALLEY AM :S7Y#1pV/C L0C4"aV5 ARE MR UVSTRATNB PYA4POM OMLY REFER IV W,nWMENr PL.A FOR L1LNfi7RfI MP4 MMDFA' SMD" COAFAiW TFGT POS fAYCWf IGS NO GGWFLeCTS MFM MEA' MQZF0M0M I0F0=VM OR OTMER SMWTORST 82.3 7082.1 j es�Aow 48uavflrir.c— 105 DENTON ST, ROANOKE, TEXAS 76262 WONE (817) 981-0082 FAX (817) 961-0986 Planning and Zoning Commission 10 of 48 February 19, 2015 Exhibit "C" Planning and Zoning Commission 11 of 48 February 19, 2015 ipal ive Trophy Club Entities Trophhyy Club,cTexaDsr76262 Legislation Details (With Text) File #: 2015-0134-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 2/13/2015 In control: Planning & Zoning Commission On agenda: 2/19/2015 Final action: Title: Discussion and recommendation regarding a request from Lennar Homes for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2824 Balmoral Drive. Attachments: Staff Report - PZ- 021915 - TUP Construction Trailer.odf Date Ver. Action By Action Result Discussion and recommendation regarding a request from Lennar Homes for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2824 Balmoral Drive. Planning and Zoning Commission 12 of 48 February 19, 2015 7TOWN OF *TROPHY CLUB 100 Municipal Drive .Trophy Club, Texas 76262 STAFF REPORT Planning and Zoning Commission February 19, 2015 TUP-15-006 — Construction Trailer SUBJECT: Discussion and recommendation regarding a request from Lennar Homes for a Temporary Use Permit - Ch. 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction Trailer, located at 2824 Balmoral Drive. REQUEST: The applicant, Lennar Homes, is requesting approval of a Temporary Use Permit to allow a Construction Trailer for construction located in The Highlands at Trophy Club, Neighborhood 7, Phase 3C. CURRENT CONDITIONS: The subject property is currently zoned "PD -27" — Planned Development 27 and is currently undeveloped. The property is zoned and platted for single-family residential. STAFF REVIEW: The applicant is requesting to locate a Construction Trailer to provide office space for the builder during home construction in The Highlands. The Zoning Ordinance allows temporary uses for a period of time, provided that they are properly screened and provided they will be removed from the site upon completion of the project. Construction Trailer Temporary Use Permits are to be reviewed annually. STAFF RECOMMENDATION: Staff has reviewed the request and recommends approval as requested. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will consider this request on February 19, 2015. Attachments: Exhibit "A" — Application Exhibit "B" - Location Map Exhibit "C" — Plot Plan Planning and Zoning Commission 13 of 48 February 19, 2015 Exhibit "A" ,Tct?- /5 -00& TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVEia ` =' TROPHY CLUB, TEXAS 76262 PHONE # (682) 839-4881 FAX # (817) 490-0705 TEMPORARY USE PERMIT APPLICATION DATE: f I S r ADDRESS DR AREA OF REQUEST:NCf 1/4 d rG ( PI SECTION: , -?.z� _ 45� ZONING ONING pISTR1CT: - NAMEINAME OF ORGANIZATION:t Vi cif APPLICANT/ORGAN IZATION ADDRESS: PHONE #: FAX #: EM IL ADDRESS: DESCRIPTION OF TEMPORARY USE REQUEST: — O�_ DATE OF REQUEST: SJ 5� TIME OF EVENT: DEPARTMENT OF PUBLIC SAFETY APPROVAL: Yes ❑ No ❑ "A SITE PLAN MUST BE SUBMITTED WITH THIS APPLICATION SHOWING LOCATION OF TEMPORARY USE FOR PLANNING DEPARTMENT USE Application Submission Fee: 1,25, 00 Date: Check No.: , Commission Town Council Effective Date Expiration Date of Event/Use "Extension Granted by Zoning Coordinator if applicable, see Zoning Requirements for details 0APBZIPIanning & ZoninglForn,sApplicaticns%Temporary Use Permit Application =BY: Planning and Zoning Commission 14 of 48 February 19, 2015 Planning and Zoning Commission 15 of 48 February 19, 2015 Exhibit "C" PLOT PLAN DALMORAL DRIVE , in the Town of TROPHY CLUB , Texas. Loi No.22 black No. T , City Block No-, of THE HIGHLANDS AT TROPHY CLUB NEIGHBORHOOD 7 , PHASE 3C ADDITION an addition to the Town of TROPHY CLUB, DENTON County, Texas, aceordn to Hae PLAT „ recorded In CLERK'S FILE NO. 2014-1117 , of the PLAT Records, DENTON County, ToxaS, THE HGLANDS AT TROPHY CLLR �� p�Epµ� 7. PHASE 2G ADDITION A[Y1D p NSF, k Z01Y-223 P .C.T. mtaUUNMA MAM ow f M 2O.n M M W F LOT 22 & o�� � � 39.64' BLOCK T 29.62' ' �. APPORD7 RE TTE LOCATION O DO I OF RET WALL I . I;j LOT 21 Wiz !« } a �Q 00 I Lf) fn � � i � APPORD70MATE LOCATION ilY OF NET WALL I42,16' 32.26' b i o N ,p RP LIE, �y 4 S00045'S3 EArc=/`/`.b 11.05' Radius=893.47' `NIGE` FLiSFffD GRADE e" BALMORAL DRIVE 4.FF= F4�Im FLOOR 50' RIGHT-OF-WAY NOTED ON GRADING PLANS EYATPONS FP= F115HM PAD 1o= TO? OF CURD a" NOTES RL RIDING LINE —±E. FQxE FASt]kNr LALL TIES MUST BE FIELD CHECKED GRADE TW= T ARROW 2.HOUSE DRAWN PROM FOUNDATION PLAN SW= BOTTOM OF WALL ONLY CHECK OVERALL DIMENSIONS. EW= END OF WALL LOT AREA: 10207.60 SO. FT. —PROPOSED RET. WALL LOT COVERAGE: 6.59 3.00 NOT BUILD IN ESMT'S WITHOUT SPECIFIC INSTRUCTIONS. ALL VALUES SHOWN IN THIS CHART &ALL ELEVATIONS PROPOSED OR AREOAASROXIMATE ANDNE. SHOULD BE OTK21N 7/2 GRADING PLAN DATED IO PLAN #: 12' x 60' S.iHIg PLOT P pp IS T p SUggTITUTE TRAILER iGR A LOT t RADINc PLAN, cOMiRACTOR SHOULD FOLLOW SUBDIVISION GRADING PLAN. Date: _9.y23/2015 2015 6.FIRISHEO FLOOR IS LY ABOVE FINISHED LEN 00204 PAD. rINISRED PAD AND GRADING Job Na_ ARROWS ARE AS SEEN ON GRADING PLAN. G. N.. NOT PROVIDED 7.IMPROVEMENTS ARE SHOWN FOR Scale: 1,411, GRRAP FICALIELD PURPOSES ANO HAYE HDi D. Drawn By; JF KAR11GS BASS) Benchmark Group SH SUIR)RI I PIAT aF Texas. Inc. SHOWK ADM aw Ween r ,a tw S10 cs�A°B1NOTED Planning and Zoning Commission 16 of 48 February 19, 2015 100 ipal ive Trophy Club Entities Trophy Club,oTexaDsr76262 Legislation Details (With Text) File #: 2015-0094-T Version: 1 Name: Type: Agenda Item Status: Regular Session File created: 1/30/2015 In control: Planning & Zoning Commission On agenda: 2/19/2015 Final action: Title: Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Attachments: PZ 021915 - Staff Report Sign Ordinance Revisions.pdf Article IV -Sign Regulations - Redline NOTES AFTER TC 011315 MEETING - .pdf Date Ver. Action By Action Result Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Planning and Zoning Commission 17 of 48 February 19, 2015 T(cTOWN OF l*:: TROPHY CLUB 100 Municipal Drive •Trophy Club, Texas 76262 To: Planning and Zoning Commission From: Matt Jones, Senior Planner CC: Stephen Seidel, Acting Town Manager Holly Fimbres, Town Secretary Re: Amendments to Code of Ordinances Ch. 5, Section 4 - Sign Regulations. P&Z Commission Meeting, Thursday, February 19, 2015 Agenda Item: Discussion and recommendation regarding amendments to the Town of Trophy Club Code of Ordinances Ch. 5, Section 4 - Sign Regulations. Explanation: Town Council has tasked the P&Z Commission with reviewing the sign regulations in order to develop more precise, understandable, and user friendly regulations for signage concerning temporary signs and real estate/builder signs. Council has requested that the P&Z Commission review the sign regulations concerning temporary signs and real estate/builder signs in order to provide a recommendation to the Council regarding those types of signs. Attachments: • Sign Ordinance Redlines from January 13, 2015 Town Council Meeting Staff Recommendation: Staff recommends changes to the sign ordinance that will provide clarification and direction to residents, business owners, and Town Staff for policy and enforcement as recommended by the P&Z Commission and approved by Town Council. Planning and Zoning Commission: The Planning and Zoning Commission began their discussion of the amendments to the sign regulation on February 5, 2015. The following recommendations were discussed: • Real estate/builder signs prohibited on public property • Increase the allowable height for real estate signs on the property being sold • Add a definition for an "Off -Site Builder Sign" The February 19, 2015 P&Z meeting will be a continuation of those discussions. Planning and Zoning Commission 18 of 48 February 19, 2015 ADD SECTION FOR "INTENTION OR PURPOSE OF REGULATIONS" AND PUT IN WHEREAS CLAUSES Section 4.01 Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. ADD DEFINITIONS FOR: SAIL FLAGS, BOW BANNERS, FEATHER FLAGS AND AD WAIVERS.: -- REFERENCE TO OTHER DEFINITIONS AND/OR ADD AT THE END. 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. (Ord. No. 2008-15 § II, 5-19-08, 4.01 Definitions) 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 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. (Ord. No. 2008-15 § II, 5-19-08, 4.01 Definitions) 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. Formatted: Highlight Formatted: Highlight Planning and Zoning Commission 19 of 48 February 19, 2015 Guardian: 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. 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. 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. 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 the building upon it; a building or a part of a building. Private Real Property: land, including land containing structures or other improvements, which is owned by one or more persons, a private institution or organization, a private company or companies or other privately owned businesses. Private real property does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. Property: Any tangible personal or real property. 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 Planning and Zoning Commission 20 of 48 February 19, 2015 programmed to deliver different messages. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. Right -Of -Way: A strip of land, including the adjacent area, typically 11 -ft. back of curb, 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: Any advertising device composed primarily of cloth, paper, fabric, or other similar non -rigid material, supported by wire, rope, or similar means. National and state flags and banners not used for commercial purposes, when located wholly on private property, shall not be considered as signs for the purposes of this Article. Billboard Sign: 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-site 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. Business Sign: A permanent on-site 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-site promotional sign pertaining to the development of land Planning and Zoning Commission 21 of 48 February 19, 2015 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-site sign intended to aid in vehicular movement on the site. Directional (Temporary Real Estate) Sign: Off -premise "Open -House" and directional signs intended to direct persons to premises offered for lease 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 Electronic Display". 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. Government Sign: Signs required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such public signs may be of any type, number, area, height, location, or illumination as required by law, statute, or Code. Said signs may also include traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs having to do with 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, painted or otherwise unlawfully displayed upon structures, utility poles, 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 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, churches, 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. Planning and Zoning Commission 22 of 48 February 19, 2015 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. 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. 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. Off-Premise Sign: A sign which directs attention to goods, a business, commodity, service, product, or entertainment location other than the site upon which such sign is located or to which it is affixed. The term does not include Special Purpose Signs. On-Premise Sign: Any sign, the content of which relates to the site on which it is located, referring exclusively to businesses, commodities, services, products, goods, or entertainment on the site, or the sale, lease, or construction of those sites. Permanent Pole Sign: Any free standing, permanent, on-premise sign supported from the ground up by upright structural members. Pole (or Pylon) Sign: Any free standing, on-premise sign supported from the ground by upright structural members. Political Sign: A sign that promotes a political issue or a candidate or candidates for public office. Also, a sign of any political party, group, or idea that contains primarily a political message. 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. Protective Sign: A sign that communicates a warning. Service Contractor Sign: A temporary sign identifying the contractor(s) responsible for work currently occurring on a premises. Real Estate Sign: A temporary sign supported by upright structural members and which pertains to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Rider sign: A supplemental sign attached to real estate sign that provides limited but additional information pertaining to the premises on which the real estate 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. Sian Walker: A person or animal, visible from the public Right-of-Way, wearing lights, or wearing a costume. and/or holdina. twirlina. or wearina a sian. for anv purpose. includina without limitation. Planning and Zoning Commission 23 of 48 February 19, 2015 making a statement, soliciting donations or business, or drawing attention to a business, project, place, or event. 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. Structurally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. 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 or civic organization. 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. Vehicular 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. 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. (Ord. No. 2004-02 P&Z § II, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § 11 2-7-05) Planning and Zoning Commission 24 of 48 February 19, 2015 Section 4.02 Permit Requirements A. Except as 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. 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 Planning and Zoning Commission 25 of 48 February 19, 2015 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. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord No. 2005-03 P&Z § III, 2-7-05) Planning and Zoning Commission 26 of 48 February 19, 2015 Section 4.03 General Standards A. Purpose / Applicability 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 from driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. B. 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. C. 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. D. 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 4.11 — Meritorious Exceptions & Appeals. E. 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. Stop signs and street signs placed within the Town shall conform to the design specified in the Town's Subdivision Regulations. 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 Planning and Zoning Commission 27 of 48 February 19, 2015 c. Letters must not exceed four (4) inches in height. 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. F. Billboard Signs - CEVMS Pursuant to Section 4.06 (B), 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. G. 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. (Ord. No. 2008-15 § II, 5-19-08, 4.03 A-E re -numbered and added F & G) (Ordinance No. 2005-03 P&Z, § IV, 2-7-05 Repealed by Ord. No. 2004-02 P&Z § III, 1-19-04) Planning and Zoning Commission 28 of 48 February 19, 2015 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 identified in the Town's Subdivision Regulations. (Ord. No. 2004-02 P&Z § IV, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z, § V, 2-7-05) Planning and Zoning Commission 29 of 48 February 19, 2015 Section 4.05 Temporary Signs A. Temporary Signs Except as specifically provided in this Section 4.05herein, the following regulations shall apply to all temporary signs: 1. Duration: All temporary signs n�shall be erected or maintained in any location for a maximum period of sixty (60) days before the signs must be replaced or removed. Temporary signs shall be kept in repair and proper state of preservation. Temporary signs advertising an event, function or activity shall be removed within three (3) days following the date of the event, function or activity. 2. Right -of -Way No temporary sign shall be erected or placed in the median_ of ^^Y ^61"'i^ Fight of way 1 �No temporary signs naayshall be placed in the Town's Rfight-of-Wway, which for the purposes of this Section shall be defined as the first 11 -ft. as measured from the back of curb. or, if no curb, the first 11 -ft. from the edge of the roadway pavement. beb.ve^n the Purr and impam•ed viGibil Sign Walkers are prohibited in the median and Right -of -Way. Temporary signs shall not be installed in any manner that may result in a potential safety hazard of any type, including placement in a vision triangle, designated as 11 -ft. back of any curb from any corner of an intersection. 4. Town Owned Property Temporary signs shall not be placed on any Town owned property, including but not limited to Town parks, rF^ ^'nom' ^^^^ police stations, libraries, or buildings located on property owned, leased, utilized, or controlled by the Town 6IRle66 PFiGF WFitteR PeFM0660GR 06 ^"'^i^ed f•^M the 4=ewNR. 5. Removal: Except as specifically provided herein, any temporary sign placed, erected, or maintained in violation of this Article may be removed by the Designated Official without notice. B. Political Signs 1. No political sign may be erected or placed on private real property, including but not limited to vacant lots or tracts, unless the property Owner- or other person or having custody or control Formatted Highlight over the Property, has given written permission and such documentation is provided to the Designated Official upon the Official's request. Political signs may be erected or placed on any private lot or property or on any trailer or vehicle as specifically described in this Section 4.05 — Temporary Signs, and in accordance with the regulations governing temporary signs. .RATHER THAN REFERENCE 4.05 ADD TEMPORARY SIGN REGULATIONS THAT ARE Formatted Highlight APPLICABLE TO POLITICAL SIGNS — MERGER OF SECTIONS WILL OCCUR AFTER ALL NEW CHANGES ARE DECIDED. Planning and Zoning Commission 30 of 48 February 19, 2015 PUBLIC PROPERTY - blo political .sign on public property, including ROW, without the permission of the Owner of, or other person having custody or control over the Property upon which such sign is placed. COMMERCIAL PROPERTY ONLY — No political sign on commercial property, including ROW. without .written consent from the Owner of, or other person having custody or control over the .commercial ro ert The in the all rovide evidence of written permission to the Town within da sof laci th DMINISTRATIONT TO THE ORDINANCE — STAFF TO CREATE A MAP SHOWING LOCA TI OWED. 2. Number, Size and Placement:`ED 16 SF — REMOVE HEIGHT RESTRICTION Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight A political sign shall not exceed thirty-six (36) square feet in area Formatted: Highlight height, a meaGwred f...FA the ,..,,,,,.Q1 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 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 sign. For signs with three or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three or more surfaces are prohibited on residentially zoned parcels of land. Section 4.05(B)(2) Amended Ord. No. 2008-11, § 11, 3-03-08 3. In the event that the number of political signs upon a lot or property exceeds the total number Formatted: Highlight 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, t -The Designated Official shall heuFs following the firne of Ruch notificatmen have the authority to immediately remove the signs and shall hold the signs for five (5) calendar days for disposal. 4. Removal Period Procedure in Event of Non -Removal All political signs shall be removed within a period not to exceed three (3) days after the date of the election for which the sign was placed. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs. 5. 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 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 is not required to be supported by the ground. 6. Zoning Districts Political signs meeting all requirements of applicable Town ordinances shall be allowed in all residential zoning districts of the Town. For all other zoning districts, political signs meeting all Planning and Zoning Commission 31 of 48 February 19, 2015 requirements of this and other applicable Town ordinances may be placed provided that prior to placement of the sign, written consent is obtained from the owner of the property where the sign is located. Proof of such consent shall be submitted to the Community Development Department within two (2) business days following placement of the sign on the property. Under this section, owner shall include the authorized agent or representative of the property owner. 7. Exemptions 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. C. Banner Signs 1. Number, Size & Placement One banner sign no more than thirty-six (36) square feet per premise or lease space shall be allowed no more than two (2) times annually. 2. Duration Banner signs shall be permitted for no more than thirty (30) days. 3. Zoning Districts Banner signs shall be allowed in all non-residential zoning districts 4. Consecutive Display Prohibited At least ninety (90) days must lapse between the end of the first period of display and the beginning of the second period of display. D. Real Estate Signs Real Estate Signs are authorized to be erected, in addition to permanent signage, in accordance with the following provisions: 1. Real Estate Signs Include a. Real estate advertising signs that advertise a builder, developer, Owner, realtor or model home by showing a name, address, and/or telephone number for the purpose of selling, leasing or renting a particular property on which the sign is placed; b. "Open House" signs indicating that a house on the lot which the sign is placed is available for viewing by the public; and C. Temporary directional signs showing arrows or other means of property location and direction. d. Riders may be attached to real estate signs. 2. Number, Size and Location Planning and Zoning Commission 32 of 48 February 19, 2015 a. Signs shall contain no more than two (2) sides and shall be limited to 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 commercial signs and shall be subject to Section 4.06 — Commercial & Institutional Signs of this Article. b. Signs shall be temporary and will be removed upon sale, lease or rental of property. C. The maximum height of such signs shall not exceed four (4) feet, as measured from the ground. d. Real estate signs as categorized in Section 4.05(D)(1) — Temporary Signs, Real Estate Signs Include, on all lots other than golf course lots shall be limited to one advertising sign and one "open house" or directional sign [during the hours permitted by Section 4.05(D)(2) — Temporary Signs, Number, Size and Location, hereof per lot. On lots adjoining a golf course, one additional real estate advertising sign may be placed to face the golf course. ,e. A maximum of six (6) directional signs may be placed off -premise for each premises (whether one or more lots or tracts) offered for sale or lease. Spacing between each sign shall be a minimum of four hundred feet (400') along the following streets: Trophy Club Drive, Indian Creek Drive, "i"^^^ r.aii Dura ge DFiv . and Trophy Wood Drive, Trophy Park Drive, and Bobcat Boulevard. Prior to such placement, any person or entity placing such a sign shall have received authorization or approval for such placement from the Owner of, or other person having custody or control over, the property upon which such sign is placed. f. No real estate sign may be erected or placed in the median of any public right-of-way. Any real estate sign so erected or placed in any public right-of-way may be removed by the Designated Official without notice. g. "Open house" signs and directional signs located off -premises shall be permitted only between noon on Friday through noon on Monday. "Open house" or directional signs shall be placed no closer than three (3) feet from the street, curb or edge of pavement. In the event that any such sign is not in compliance, the Designated Official of the Town may remove the sign. Signs shall not be permitted to be within any thoroughfare median in the Town. h. 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 4.11 — Meritorious Exception and Appeals. i. Zoning Districts Real Estate Signs shall be allowed in all zoning districts of the Town. E. Special Purpose Signs 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. Formatted: Highlight Formatted Table Planning and Zoning Commission 33 of 48 February 19, 2015 1. Number, Size and Placement 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 temporary poles. Rfem;atieRa' and Directional Signs Infem;atieRal ^^d"^r Directional Formatted Highlight Signs advertising the Special Event shall be placed no closer than three (3) feet from the edge of a street, curb or the edge of pavement in a public street right-of-way. In the event that the Town determines that any such sign impedes visibility at intersections, fails to comply with the Special Events Ordinance or Special Event Permit, or that the placement of signage is a nuisance (for instance, obstructing a sprinkler head), Town may remove the sign without obligation to return the sign to the owner. No sign shall exceed four (4) square feet. The total number of signs shall not exceed the number specified on the Special Event Permit. Spacing between each sign shall be a minimum of four hundred feet (400') and shall only be allowed along the following streets: Trophy Club Drive, Indian Creek Drive, Trophy Wood Drive, Village T.a; gur e n.;v Trophy Park Drive and Bobcat Boulevard. Informational and directional signs shall not be allowed on any other streets in Trophy Club. Signs shall not be erected in the center median of any divided roadway. 2. 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 the Event. All signage shall be removed within twenty-four (24) hours following the conclusion of the Event. (Ord. No. 2004-02 P&Z § VI, 1-19-04 Repealed by Ordinance No. 2005-03 P&Z § VI, 2-7-05) (Ord. No. 2007-10, § II, amended Section 4.05(8)(2), 3-05-07) (Amended Ord. No. 2008-11, § II, Amended Section 4.05(8)(2) 3-03-08) (Ord. No. 2011-14, § II, Repealed Section 4.05(E) in its entirety and adopted new Planning and Zoning Commission 34 of 48 February 19, 2015 Section 4.06 Commercial and Institutional Signs A. Commercial Signs and Institutional Signs shall be subject to the following provisions: 1. On Premises Signs 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. The height of monument signs shall not exceed ten feet (10') from average ground level. 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. 7. Illuminated 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. 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. B. Miscellaneous Sign Regulations The following table entitled "Signage Criteria" contains the regulations governing all other signage allowed by this Article. Planning and Zoning Commission 35 of 48 February 19, 2015 Sign Type Number Size & Height Duration Zoning District A-Frame/Sandwich Prohibited Board Apartment 1 per entry 50 sq ft/ Life of Residential Permit Awning Prohibited Bandit Prohibited Banner 1 per premise or lease 36 sq ft. N/A 30 days Non - space no more than 2 Residential times annual) Billboard Along property which To be determined by the Town Council Non - abuts State Highway 114 upon recommendation ofthe Planning Residential & Zoning Commission Builder/Contractor 2 per premise 6 sq ft 4 ft Removed All Districts upon sale, lease, rental Bulletin Board To be determined by the Town Council upon recommendation of Residential the Planning & Zoning Commission Canopy 25 sq ft or 10% ofthe face of the canopy of which it Life of Non - is a part of or to which it is attached, whichever is Structure Residential greater Contractor Service No limit provided total 6 sq ft 4 ft Removed All Districts combined sq footage upon sale does not exceed 6 sq ft Construction 1 per project/premise 32 sq ft 5 ft Completion All Districts of project CEVMS 1 per premise with 50 sq. 4 ft. Life of All approval of the Town ft. Permit Districts Council upon recommendation ofthe Planning and Zoning Commission; Not allowed on Billboards Development 1 per project/premise 32 sq ft 5 ft 90% of all All Districts lotsthouses sold Directional 6 sq ft 3 ft Life of All Districts Permit Directional 3 off -premise for each 6 sq ft 4 ft Between All Districts Temporary Real lot/premise hours of Estate noon Friday -noon Monday Directory 1 per premise To be determined by the Town Council Non - upon recommendation ofthe Planning Residential & Zoning Commission Electronic Message 1 per premise with 50 sq. ft, 4 ft Life of Permit All Districts Boards approval of the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Fence Prohibited Flashing Prohibited Government No limit No limit I No limit No limit All Districts Planning and Zoning Commission 36 of 48 February 19, 2015 Sign Type Number Size & Duration Zoning Sign Height District Type Ground 1 per entry/premise 16 sq ft 4 ft Life of All Districts Permit Illuminated 1 per premise 50 sq ft Life of Non - Permit Residential Inflatable 1 per premise To be determined by the Town Council All Districts upon recommendation ofthe Planning & Zoning Commission Institutional 1 per entry/premise 50 sq ft 4 ft Life of Non - Permit Residential Model Home 1 per Model Home 16 sq ft 4 ft Removed Residential upon sale, Districts lease, rental Monument 1 per entry/premise 50 sq ft loft Life of All Districts Permit Nameplate 1 per lease space 2 sq ft 1 ft Life of Non - Permit Residential Off -Premise Prohibited Political 36 sq ft 1 8 ft 60 days All Districts Portable Restricted Projecting Prohibited Protective 2 per premise 1 sq ft 2 ft Life of All Districts structure Real Estate I Restricted Rider Restricted Roof Prohibited Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days All Districts prior/24 hr following Temporary Pole 1 per remise/lot 32 s ft 5 ft 6 months All Districts Wall 1 per lease space 40 sq ft or the Life of Non - product of 2 times Permit Residential 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 footage does Life of No notexceed 25% of the visible window area Permit Residential available in the absence of any signs (Ord. No. 2008-15 § II, 5-19-08, Amended 4.06) (Ord. No. 2004-02 P&Z § VIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VII, 2-7-05) Planning and Zoning Commission 37 of 48 February 19, 2015 Section 4.07 Permissible Signs Not Requiring Permits A. The following signs 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. Banner Signs Signs 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. 2. 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. 3. Government Signs Signs posted by duly constituted governmental authorities in pursuance of their public duties. 4. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 5. 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. 6. Memorial Sign Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 7. National and/or State Flag Display of flags is allowed. 8. Other Signs As and to the extent as provided for by Section 4.03 — General Standards, of this Article. 9. Political Signs: As permitted in Section 4.05(8) — Temporary Signs, Political Signs. 10. Real Estate Signs: As permitted in Section 4.05(D) — Temporary Signs, Real Estate Signs. 11. Vehicle Sign Planning and Zoning Commission 38 of 48 February 19, 2015 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 hours or for a longer period where the primary purpose of such parking is not the display of any sign. (Ord. No. 2004-02 P&Z § X, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § VIII, 2-7-05) Planning and Zoning Commission 39 of 48 February 19, 2015 Section 4.08 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 as set forth in Section 4.05 — Temporary Signs, of this Article. Signs and banners approved by the Planning Official as meeting the criteria necessary to satisfy the provisions found in Section 4.05 — 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 Planning Official, not exceeding the maximum six (6) week period. At the time of expiration of the Temporary Permit or Waiver, it will be the responsibility of the applicant to remove the banner or sign. The application process for a temporary permit or waiver will 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 of one (1) year. Such renewal may, within the discretion of the Planning Official, be granted if the sign is in good and sound condition and meets the requirements of this Article. (Ord. No. 2004-02 P&Z § XI, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § IX, 2-7-05) Planning and Zoning Commission 40 of 48 February 19, 2015 Section 4.09 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 4.11 — Maintenance of Signs of this Article. It is the declared purpose of this Section 4.09 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 a 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, 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 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. No. 2004-02 P&Z § XII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § X, 2-7-05) Planning and Zoning Commission 41 of 48 February 19, 2015 Section 4.10 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 and shall seriously and fairly consider a request for a meritorious exception under this Section 4.11(B). 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 Planning and Zoning Administrator 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. (Ord. No. 2004-02 P&Z § XIII, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XI, 2-7-05) Planning and Zoning Commission 42 of 48 February 19, 2015 Section 4.11 Maintenance of Signs A. Maintenance Each sign 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. 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. (Ord. No. 2005-03 P&Z § XII, 2-7-05) Planning and Zoning Commission 43 of 48 February 19, 2015 Section 4.12 Violations A. A person is 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 may be hereinafter provided. 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. E. It shall be unlawful for any person to violate any term or provision of this Article. (Ord. No. 2005-03 P&Z § XIII, 2-7-05) Planning and Zoning Commission 44 of 48 February 19, 2015 Section 4.13 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, in accordance with the enforcement mechanisms set forth in this section. B. Notice of Violation When the Designated Official determines that a sign located within the corporate Town limits of Trophy Club is dilapidated, deteriorated, illegal, prohibited or abandoned, they 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 i. A criminal penalty not exceeding Five Hundred Dollars ($500) per day 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. No. 2005-03 P&Z § XIV, 1-19-04) Planning and Zoning Commission 45 of 48 February 19, 2015 Section 4.14 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 Subchapter B of Chapter 54 of the Texas Local Government Code, as amended, or any other applicable law. C. Emergency Removal of Sign The Town may remove a sign, which the Designated Official finds to be an immediate and imminent threat to the public safety because of its dilapidated, deteriorated or structural condition. D. Remedies Cumulative 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." (Ord. No. 2005-03 P&Z § XVI, 2-7-05) Planning and Zoning Commission 46 of 48 February 19, 2015 Section 4.15 Prohibition A. All signs not specifically authorized herein are prohibited. 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. 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. 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. 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. No. 2004-02 P&Z § XIV, 1-19-04 Repealed by Ord. No. 2005-03 P&Z § XVI, 2-7-05) Planning and Zoning Commission 47 of 48 February 19, 2015 Section 4.16 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 hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2004-02 P&Z § XIX, 1-19-04 Repealed by Ord. No. 2005-03 P&Z, § XXI, 2-7-05) Planning and Zoning Commission 48 of 48 February 19, 2015