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Agenda Packet 04/08/2021Town of Trophy Club Meeting Agenda Planning & Zoning Commission 1 Trophy Wood Drive Trophy Club, Texas 76262 April 08, 2021                                         7:00 PM                                                 Council Chamber CALL TO ORDER AND ANNOUNCE A QUORUM CITIZEN PRESENTATIONS Citizens are allowed four (4) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. REGULAR SESSION 1.Case SUP­21­003 (Trophy Table Alcohol) a. Conduct a Public Hearing regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on­premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. b. Discussion and recommendation regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on­premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. 2.Discussion and recommendation regarding anticipated amendments to the political sign regulations in the Town’s Sign Ordinance. 3.Discuss and take appropriate action regarding the regular meeting schedule for the Planning & Zoning Commission. 4.Receive Town Planner updates on previous cases heard by the Commission and active development in Town.  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. CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Monday, April 5, 2021 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _______________________________ Lisa Payne, Town 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 682­237­2900, 48 hours in advance and reasonable accommodations will be made to assist you. Page 1 of 2 To: Planning & Zoning Commission From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case SUP-21-003 Planning & Zoning Commission Meeting, April 8, 2021 Agenda Item: Case SUP-21-003 (Trophy Table Alcohol) a. Conduct a Public Hearing regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. b. Discussion and recommendation regarding a request made by Trophy Table for a Specific Use Permit for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use, located at 3000 SH 114, Trophy Wood Business Center, Block B, Lot 2R2. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: Trophy Table is requesting approval of a Specific Use Permit (SUP) for alcoholic beverage sales for on-premises consumption in conjunction with a restaurant use according to Section 14.02.252 of the Town’s Code of Ordinances. The property’s zoning of Planned Development No. 25 (PD- 25) does not restrict the sale of alcoholic beverages beyond the regulations of Town Code and State Law. As shown in Exhibit B, Trophy Table is applying to the Texas Alcoholic Beverage Commission (TABC) to obtain a Mixed Beverage Restaurant Permit (RM) and a Mixed Beverage Late Hours Permit (LB) which will allow for the sale and consumption of wine, beer, and liquor on the premises and during late hours (12 midnight – 2 a.m.). Town Code does not restrict hours of operation beyond TABC’s regulations and the Development Standards for PD-25 specifically allow Page 2 of 2 retail uses and restaurants to operate from 6:00 AM to 2:00 AM, meaning the Mixed Beverage Late Hours Permit (LB) is acceptable. Section 14.02.252(b) of the Code of Ordinances states that no alcoholic beverages may be sold within 300 feet of a church, public school or private school, or public hospital. Subsection (g) describes the methods of measurement as front door to front door and along street front property lines when measuring to churches and public hospitals, and in a direct line from nearest property line to property line when measuring to public schools and private schools. Trophy Table complies with Town and State requirements, as the closest church (Lake Cities Church of Christ) is approximately 1.15 miles away, the closest public school (Lakeview Elementary School) is approximately 2.5 miles away, the closest private school (Primrose School of Westlake at Entrada) is approximately 3,150 feet away, and the closest public hospital (Methodist Southlake Hospital) is approximately 3 miles away. The nearby Baylor Scott & White Medical Center – Trophy Club is a private hospital so there are no separation requirements. Parking needs have been addressed by the required on-site parking spaces. The Chief of Police has reviewed this application, as required by Code, and does not have any objections. Notice of a public hearing was distributed as required by State law. To date, staff has received zero inquiries. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and has no objection. Staff Recommendation: Staff recommends approval of the Specific Use Permit. Attachments: • Exhibit A – Location Map • Exhibit B – TABC Application (Pages 1 & 2 Only) Exhibit B Exhibit B Page 1 of 1 To: Planning & Zoning Commission From: Lisa Payne, Town Planner CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary/RMO Re: Case O-AMD-21-001 Planning & Zoning Commission Meeting, April 8, 2021 Agenda Item: Discussion and recommendation regarding anticipated amendments to the political sign regulations in the Town’s Sign Ordinance. Strategic Link: Nature & Beautification – Maintain Town assets, services, and codes or ordinances that preserve the natural beauty of the Town Background and Explanation: Political signs have been a hot topic for the last few years due to state and federal elections. There is cause to update the Town’s Sign Ordinance to keep up with new trends including multiple signs for the same candidate, various types of signage to support a candidate, and the use of flags to support a candidate. While size, number of signs, duration of time, and location may be discussed, signage content cannot be regulated. The Town’s Sign Ordinance is attached for review. Financial Considerations: Not applicable. Attachments: • Article 3.09 SIGNS of the Trophy Club Code of Ordinances 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 1/26 CHAPTER 3 BUILDING REGULATIONS ARTICLE 3.09 SIGNS* ARTICLE 3.09 SIGNS* Division 1. Generally Division 1. Generally Sec. 3.09.001 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; (2) Where the structural support or frame members are visibly bent, broken, dented, or torn; (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; (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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 2/26 [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. 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 3/26 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, drainageway 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 nonrigid 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-premises 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-premises 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-premises 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-premises 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-premises 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 4/26 Electronic display sign. Refer to “programmed electronic 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. 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 nonconforming sign. A sign which was in violation of any of the codes of the town 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 nonconforming 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. Obsolete leases premises sign. An on-premises sign or sign structure that previously was a legal sign, or a legal, nonconforming 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-premises sign or sign structure that previously was a legal sign, or a legal, nonconforming sign; however, it remains on the property after the first anniversary of the date the 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 5/26 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-premises 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. Off-premises sign. A sign located upon a premises which directs attention (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. On-premises 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. On-premises 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. Permanent commercial sign. A permanent on-premises sign advertising a business. Pole (or pylon) sign. Any freestanding, on-premises 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. Protective sign. A sign that communicates a warning. Real estate sign. A limited purpose on-premises 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 institutional sign. On-premises 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 noncommercial purpose. Religious sign. A sign containing a religious or other similar noncommercial message. 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 6/26 Special purpose directional sign. A temporary sign that is either on-premises or off-premises 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 nonprofit, 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-premises or off-premises that provides identification or information pertaining to a special event or occurrence sponsored by a nonprofit, 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. Structurally repair sign. The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Temporary pole sign. A freestanding, on-premises 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. (Ordinance 2004-02, sec. II, adopted 1/19/04; Ordinance 2005-03, sec. 2, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.01; Ordinance 2008-15, secs. 2.01, 2.02, adopted 5/19/08; Ordinance 2015-23, sec. 4.01, adopted 10/13/15) Division 1. Generally Sec. 3.09.002 Penalty It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 7/26 more than two thousand dollars ($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 article. (Ordinance 2004-02, sec. XIX, adopted 1/19/04; Ordinance 2005-03, sec. 21, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.16; Ordinance 2015- 23, sec. 6, adopted 10/13/15) Division 1. Generally Sec. 3.09.003 Declaration, purpose and intent (a) Declarations. The town is predominately a residential community, small portions of which have been zoned for commercial and other nonresidential 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) It is hereby declared that the proliferation of an unlimited number of signs in private, residential, commercial, nonresidential, 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. (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. (Ordinance 2008-15, sec. 2.04, adopted 5/19/08; 2006 Code, ch. 5, sec. 4.03(A); Ordinance 2015-23, sec. 4.00, adopted 10/13/15) Division 1. Generally Sec. 3.09.004 Measurement of sign height 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 8/26 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. (Ordinance 2004-02, sec. III(A), adopted 1/19/04; Ordinance 2005-03, sec. 4(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(B); Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(A), adopted 10/13/15) Division 1. Generally Sec. 3.09.005 Conformance with other codes 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 electrical code of the town. (Ordinance 2004-02, sec. III(B), adopted 1/19/04; Ordinance 2005-03, sec. 4(B), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(C); Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(B), adopted 10/13/15) Division 1. Generally Sec. 3.09.006 Permit (a) Required. Except as expressly provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the town. (b) Application for permit. Application for a permit for a permanent sign shall be made in writing upon forms furnished by the designated official authorized and so designated to do so by the town manager. The application for a sign permit shall contain the following information: (1) Applicant's name, address and telephone number. (2) Name, address and telephone number of the owner of the property on which the sign is to be located. (3) Name, address and telephone number of the lessee the sign is to benefit, if applicable. (4) Name, address and telephone number of the person/contractor erecting the sign. (5) Name, address and telephone number of the electrical subcontractor, if applicable. (6) Type of sign and use classification. (7) Scaled site plan showing: (A) The location of the building, structure or tract to which or upon which the sign is to be attached or erected; (B) The position of the sign in relation to nearby structures or other signs; (C) Dimensions of setbacks, building lines, distances between the sign and streets and property lines; and (D) Scaled drawings of the signs including height, width, area, design, text and logo. (8) 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. (c) Termination of permit. A sign permit may be terminated in accordance with the following provisions: (1) A permit shall be active for the life of the sign, as long as it is in compliance with this article. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 9/26 (2) 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. (3) 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. (4) 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 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. (5) 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 and 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. (d) Permit fees. A sign permit fee shall be paid to the town in accordance with the most current fee schedule adopted by the town. (Ordinance 2004-02, sec. X, adopted 1/19/04; Ordinance 2005-03, sec. 3, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.02; Ordinance 2015-23, sec. 4.02, adopted 10/13/15) Division 1. Generally Sec. 3.09.007 Signs not requiring permit 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. (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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 10/26 (Ordinance 2004-02, sec. IX, adopted 1/19/04; Ordinance 2005-03, sec. 8, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.07; Ordinance 2015-23, sec. 4.10, adopted 10/13/15) Division 1. Generally Sec. 3.09.008 Temporary permits The designated official of the town 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 division 2 - temporary signs, of this article. Signs approved by the designated official as meeting the criteria necessary to satisfy the provisions found in division 2, 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 [location]. 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 3.09.006, 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 3.09.010 (meritorious exceptions and appeals). (Ordinance 2004-02, sec. XI, adopted 1/19/04; Ordinance 2005-03, sec. 9, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.08; Ordinance 2015-23, sec. 4.11, adopted 10/13/15) Division 1. Generally Sec. 3.09.009 Nonconforming uses (a) Generally. 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 3.09.011 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) Authority to remove certain signs. 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) Order to remove. 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) Signs on premises of nonconforming use or building. An owner of any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 11/26 (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. (Ordinance 2004-02, sec. XII, adopted 1/19/04; Ordinance 2005-03, sec. 10, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.09; Ordinance 2015-23, sec. 4.12, adopted 10/13/15) Division 1. Generally Sec. 3.09.010 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 fairly] 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 this section. (Ordinance 2004-02, sec. XIII, adopted 1/19/04; Ordinance 2005-03, sec. 11, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.10; Ordinance adopting Code; Ordinance 2015-23, sec. 4.13, adopted 10/13/15) Division 1. Generally Sec. 3.09.011 Maintenance (a) Generally. 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. (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 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 12/26 owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. (Ordinance 2005-03, sec. 12, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.11; Ordinance 2015-23, sec. 4.14, adopted 10/13/15) Division 1. Generally Sec. 3.09.012 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, or cause the same to be done, without first obtaining a permit to do so from the building official of the town, except as expressly allowed 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 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. (Ordinance 2005-03, sec. 13, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.12; Ordinance 2015-23, sec. 4.15, adopted 10/13/15) Division 1. Generally Sec. 3.09.013 Enforcement procedure (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 or its extraterritorial jurisdiction, 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 or extraterritorial jurisdiction of the town 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 13/26 (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) 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 ($1,000.00) 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. (Ordinance 2005-03, sec. 14, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.13; Ordinance 2015-23, sec. 4.16, adopted 10/13/15) Division 1. Generally Sec. 3.09.014 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 ($2,000.00) 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 ($1,000.00) 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, 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. (Ordinance 2005-03, sec. 15, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.14; Ordinance 2015-23, sec. 4.17, adopted 10/13/15) Division 1. Generally Sec. 3.09.015 Prohibited signs 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 14/26 (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, 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 exitway required by the building code of the town 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, streetlight, 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-premises (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. (Ordinance 2004-02, sec. XIV, adopted 1/19/04; Ordinance 2005-03, sec. 16, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.15; Ordinance 2015-23, sec. 4.18, adopted 10/13/15) Division 1. Generally Sec. 3.09.016 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 3.09.001 (definitions). (Ordinance 2004-02, sec. IV, adopted 1/19/04; Ordinance 2005-03, sec. 5, adopted 2/7/05; 2006 Code, ch. 5, sec. 4.04; Ordinance 2015-23, sec. 4.04, adopted 10/13/15) 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 15/26 Division 1. Generally Sec. 3.09.017 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 footcandle of luminance. Neon signs shall be permitted by meritorious exception as provided for in section 3.09.010 (meritorious exceptions and appeals). (Ordinance 2004-02, sec. III(C), adopted 1/19/04; Ordinance 2005-03, sec. 4(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(D); Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(C), adopted 10/13/15) Division 1. Generally Sec. 3.09.018 Miscellaneous types of signs 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 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 3.09.067 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) Protective signs. The occupant of a premises 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. (4) Holiday decorations. Temporary holiday decorations are permitted. (5) Vehicular signs. 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. (6) 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. (Ordinance 2004-02, sec. VII, adopted 1/19/04; Ordinance 2005-03, sec. 4(D), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.03(E); Ordinance 2008-15, sec. 2.03, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(D), (G), adopted 10/13/15) Division 1. Generally 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 16/26 Sec. 3.09.019 Billboard signs, CEVMS and electronic message board signs (a) Billboard signs and CEVMS billboard signs. Pursuant to section 3.09.092, 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. (b) CEVMS or electronic message board signs other than billboard 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. (2006 Code, ch. 5, sec. 4.03(F), (G); Ordinance 2008-15, sec. 2.04, adopted 5/19/08; Ordinance 2015-23, sec. 4.03(E)–(F), adopted 10/13/15) Division 1. Generally Secs. 3.09.020–3.09.060 Reserved ARTICLE 3.09 SIGNS* Division 2. Temporary Signs Division 2. Temporary Signs Sec. 3.09.061 General regulations Except as specifically provided in this section or in section 3.09.062 political signs, section 3.09.064 real estate signs - limited purposes on-premises signs, or section 3.09.066 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. (A) Medians/right-of-way/Highway 114. Except for temporary signs placed on the public right-of-way portion of either residentially or nonresidentially zoned private real property with the permission of the property owner, and meeting the requirements of section 3.09.062(d)(1) or section 3.09.062(d)(2), 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 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 17/26 property in accordance with the terms of an approved special event permit or specific provision of this article. (B) 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. (3) 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. (4) Private real property. (A) Nonresidential zoning. No temporary sign shall be erected or placed on private real property zoned for nonresidential 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. (B) 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. (5) Number, size and placement. (A) A temporary sign shall not exceed the maximum height and size limitations as set forth in this article, including without limitation, section 3.09.092, 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 3.09.092. 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. (B) 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. (C) 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 nonresidentially 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. (6) 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. (7) 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 subsection, 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. (8) 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. (9) Zoning districts. Temporary signs shall only be allowed in those zoning districts designated for the specific sign type in accordance with section 3.09.092, of this article. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 18/26 (Ordinance 2005-03, sec. 6(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(A); Ordinance 2015-23, sec. 4.08, adopted 10/13/15) Division 2. Temporary Signs Sec. 3.09.062 Political signs (a) 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. (b) Town-owned/leased property. (1) Medians/right-of-way/Highway 114. Except for political signs placed on the public right-of-way portion of either residentially or nonresidentially zoned private real property with the permission of the property owner, and meeting the requirements of subsection (d)(1) or (d)(2) below, 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. (2) 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. (c) 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. (d) Private real property. (1) Nonresidential zoning. No political sign shall be erected or placed on private real property zoned for nonresidential 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 the sign on the property. Such written permission filed with the town shall only be valid until December 31st 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. (2) 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. (e) Number, size and placement. (1) A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (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 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 19/26 “parcel” shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. (2) 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. (3) 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. (f) 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. (g) 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 subsection, 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. (h) 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. (i) Zoning districts. Political signs complying with the requirements of this article shall be allowed in all zoning districts of the town. (j) Illumination. Political signs shall not be illuminated and shall comply with all other requirements of this article. (Ordinance 2004-02, sec. V, adopted 1/19/04; Ordinance 2005-03, sec. 6(B), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(B); Ordinance 2007-10 adopted 3/5/07; Ordinance 2008-11, sec. II, adopted 3/3/08; Ordinance 2015- 23, sec. 4.05, adopted 10/13/15) Division 2. Temporary Signs Sec. 3.09.063 Banner signs (a) 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 premises or lease space. Display of banner signs shall comply with the requirements of subsection (b) of this section and shall be allowed no more than two (2) times annually. (b) 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. (c) Zoning districts. Banner signs shall only be allowed in nonresidential zoning districts. (Ordinance 2005-03, sec. 6(C), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(C); Ordinance 2015-23, sec. 4.08, adopted 10/13/15) Division 2. Temporary Signs Sec. 3.09.064 Real estate signs - limited purpose on-premises signs 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 20/26 Real estate signs are authorized as a limited purpose on-premises sign for private real property zoned for residential and nonresidential 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. (A) 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. (B) 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. (3) Open house signs. Only on-premises “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. (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) Private real property - residential and nonresidential zoning. No real estate sign shall be erected or placed on private real property zoned for either residential or nonresidential use, including but not limited to vacant lots or tracts, unless the property owner has given verbal or written permission. Only on-premises 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-premises directional signs for real estate or open house purposes shall not be allowed within the town. (8) Number, size, and location. (A) 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 3.09.091 of this article. (B) The maximum height of such signs or sign post vertical member shall not exceed six (6) feet, as measured from the ground. (C) 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. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 21/26 (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 subsection, 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. (Ordinance 2004-02, sec. VI, adopted 1/19/04; Ordinance 2005-03, sec. 6(D), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(D); Ordinance 2015-23, sec. 4.06, adopted 10/13/15) Division 2. Temporary Signs Sec. 3.09.065 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 1.09 of this code has been obtained for the event. Special purpose signs may be posted for events that are expressly exempt from the requirements of article 1.09 of this code provided however that all such signs shall comply with the requirements of this section and other applicable provisions of this article. (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) Informational and directional signs. 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. (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. (Ordinance 2005-03, sec. 6(E), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.05(E); Ordinance 2011-14, sec. 2.02, adopted 4/4/11; Ordinance 2012-09, sec. 2.09, adopted 5/7/12; Ordinance 2015-23, sec. 4.08, adopted 10/13/15) Division 2. Temporary Signs 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 22/26 Sec. 3.09.066 Religious institutional signs (a) Generally. Religious institutional signs shall not contain any commercial message. (b) Zoning districts. Religious institutional signs complying with the requirements of this article shall be allowed in all zoning districts of the town. (Ordinance 2015-23, sec. 4.07, adopted 10/13/15) Division 2. Temporary Signs Sec. 3.09.067 Government signs Temporary government signs may include those signs of any government agency, including agencies other than the state government, federal government or the town, 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. (Ordinance 2015-23, sec. 4.08, adopted 10/13/15) Division 2. Temporary Signs Secs. 3.09.068–3.09.090 Reserved ARTICLE 3.09 SIGNS* Division 3. Commercial and Institutional Signs Division 3. Commercial and Institutional Signs Sec. 3.09.091 General regulations Permanent commercial signs and institutional signs shall include the following sign types and shall be subject to the following provisions: (1) On-premises signs (monument and wall). Signs in areas zoned for nonresidential 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 in this division. (3) Height of monument signs. Monument signs shall not exceed ten feet (10') in height. (4) Signs painted on building. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. (5) Exemptions. Signs owned, constructed and used by the town to provide information, direction and enforcement shall be exempt from these requirements. (6) Wall signs. 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 (5"). Wall signs shall not project more than twelve inches from the wall surface. 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 23/26 (7) 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. (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. (Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(A), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.06(A); Ordinance 2015-23, sec. 4.09, adopted 10/13/15) Division 3. Commercial and Institutional Signs Sec. 3.09.092 Table of signage criteria 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: Sign Type Maximum Number Maximum Size & Height Maximum Duration Zoning District Permanent/ Temporary A-frame/sandwich board Prohibited Apartment 1 per entry 50 sq. ft. Life of permit Residential Permanent Awning Prohibited Bandit Prohibited Banner, feather flag, tear drop flag, wind device, bow flag 1 per premises or lease space no more than 2 times annually 36 sq. ft.N/A 30 days Nonresidential Temporary Billboard Along property which abuts State Highway 114 To be determined by the town council upon recommendation of the planning & zoning commission Nonresidential Permanent Builder/contractor 2 per premises 6 sq. ft.4 ft.Removed upon All districts Temporary 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 24/26 sale, lease, rental Bulletin board To be determined by the town council upon recommendation of the planning & zoning commission Residential Permanent Canopy 25 sq. ft. or 10% of the face of the canopy of which it is a part of or to which it is attached, whichever is greater Life of structure Nonresidential Permanent Contractor service No limit provided total combined sq. footage does not exceed 6 sq. ft. 6 sq. ft.4 ft.14 days after completion of service All districts Temporary CEVMS 1 per premises with approval of the town council upon recommendation of the planning and zoning commission; not allowed on billboards 50 sq. ft.4 ft.Life of permit All districts Permanent Development 1 per project/premises 32 sq. ft.5 ft.Residential: 90% of all lots/houses sold Commercial: Completion of project All districts Temporary Directional 6 sq. ft.3 ft.Life of permit All districts Permanent Directional temporary real estate Prohibited except as allowed with a special event permit Temporary Directory 1 per premises To be determined by the town council upon recommendation of the planning & zoning commission Nonresidential Permanent Electronic message boards 1 per premises with approval of the town council upon recommendation of the planning and zoning commission; not allowed on billboards 50 sq. ft.4 ft.Life of permit All districts Permanent 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 25/26 Fence Prohibited Flashing Prohibited Government permanent No limit - as required All districts Permanent Government temporary Restricted Temporary Ground 1 per entry/premises 16 sq. ft.4 ft.Life of permit All districts Permanent Illuminated 1 per premises 50 sq. ft. Life of permit Nonresidential Permanent Inflatable 1 per premises To be determined by the town council upon recommendation of the planning & zoning commission All districts Temporary Institutional 1 per entry/premises 50 sq. ft.4 ft.Life of permit Nonresidential Permanent Model home 1 per model home 16 sq. ft.4 ft.Removed upon sale, lease, rental Residential districts Temporary Monument 1 per entry/premises 50 sq. ft.10 ft.Life of permit All districts Permanent Nameplate 1 per lease space 2 sq. ft.1 ft.Life of permit Nonresidential Permanent Off-premises Prohibited Political 36 sq. ft.8 ft.60 days All districts Temporary Portable Restricted Projecting Prohibited 4/5/2021 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 https://z2.franklinlegal.net/franklin/PrintViewer.jsp?printCollection=0 26/26 Protective 2 per premises 1 sq. ft.2 ft.Life of structure All districts Temporary or Permanent Real estate Restricted Rider Allowed with real estate sign Roof Prohibited Special purpose 1 per premises/lot 6 sq. ft.4 ft.14 days prior/24 hr following All districts Temporary Temporary pole 1 per premises/lot 32 sq. ft.5 ft.1 year from temporary permit issuance All districts Temporary Wall 1 per lease space 40 sq. ft. or the product of 2 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 Life of permit Nonresidential Permanent Window No limit provided total combined sq. footage does not exceed 25% of the visible window area available in the absence of any signs Life of permit Nonresidential Permanent (Ordinance 2004-02, sec. VIII, adopted 1/19/04; Ordinance 2005-03, sec. 7(B), adopted 2/7/05; 2006 Code, ch. 5, sec. 4.06(B); Ordinance 2008-15, secs. 2.05, 2.06, adopted 5/19/08; Ordinance 2015-23, sec. 4.09, adopted 10/13/15)