ORD 2004-02 P&ZFebruary 7, 2005
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-02 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING
ORDINANCE NO.2002-38 P&Z, ESTABLISHING SIGN REGULATIONS, AND
ADOPTING NEW PROVISIONS FOR SIGN REGULATIONS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING
GENERAL STANDARDS RELATING TO THE HEIGHT OF SIGNS,
APPLICABLE BUILDING AND ELECTRICAL CODES, ILLUMINATED
SIGNS, AND REQUIREMENTS TO REPAIR; PROVIDING FOR TRAFFIC
SAFETY; PROVIDING FOR POLITICAL SIGNS; PROVIDING FOR
DEVELOPER/BUILDER AND REAL ESTATE SIGNS; ESTABLISHING
PROVISIONS FOR ALL AREAS AND ZONING DISTRICTS; PROVIDING FOR
COMMERCIAL SIGNS; PROVIDING SIGNAGE CRITERIA; PROVIDING FOR
PERMISSIBLE SIGNS NOT REQUIRING PERMITS; PROVIDING PERMIT
REQUIREMENTS; PROVIDING FOR TEMPORARY PERMITS; PROVIDING
FOR NONCONFORMING USES; PROVIDING FOR MERITORIOUS
EXCEPTIONS AND APPEALS; PROVIDING FOR PROHIBITION OF SIGNS
NOT SPECIFICALLY AUTHORIZED; PROVIDING GRAFFITI
REGULATIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on November 18, 2002, the Town adopted Ordinance No 2002-38 P&Z,
establishing "Sign Regulations" for the Town of Trophy Club, Texas; and
WHEREAS, House Bill No. 212, an Act of the 78`x' Regular Session of the Texas
Legislature, proposed to amend the Texas Local Government Code, Chapter 216 by adding
Section 216.903, affecting a municipality's authority to regulate political signs on private real
property; and
WHEREAS, on March 18, 2003, House Bill No. 212 was passed by the Texas Senate,
with amendments, by a viva -voce vote; and
WHEREAS, Senate Bill No. 656, an Act of the 78`1' Regular Session of the Texas
Legislature, proposed to amend Section 216.003 of the Texas Local Government Code, by
adding Subsections (b), (e) and (f) relating to the removal of certain on -premise signs in a
municipality; and
Page 1 of 26
WHEREAS, on May 16, 2003, Senate Bill No. 656 was passed by the Texas House of
Representatives, with amendment, by a non -record vote; and
WHEREAS, as a result of the changes to state law enacted through the passage of HB
ID
212 and SB 656, the Town of Trophy Club must amend its sign ordinance to comply with the
new laws; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized,
empowered, and required to adopt the Acts; and
WHEREAS, the Town Council finds that the regulations adopted herein are in the best
interest of the health, safety, and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PRENHSES
All of the above premises are found to be true and correct and are incorporated into the body of
this Ordinance as if copied in their entirety.
SECTION 2.
DEFINITIONS
A. Unless otherwise provided for herein, the following terms shall have the respective
meanings ascribed to them. Graphical representation of signs may be provided on
Attachment "A":
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.
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:
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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
S. Where the message or wording can no longer be clearly read by a person with
normal eyesight under normal viewing conditions
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.
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.
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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 and the building upon it; a building or apart 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 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 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
Page 4 of 26
be considered signs for purposes of this Ordinance, 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 Ordinance.
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.
SIGN, APARTMENT: A sign identifying an apartment building or complex of
apartment buildings.
SIGN, AWNING: An awning displaying a business name or logo.
SIGN, BANDIT: 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.
SIGN, BANNER: 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 Ordinance.
SIGN, BILLBOARD: Any flat surface erected on a framework or on any structure, or
attached to posts and used for, 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
Ordinance.
SIGN, BUILDER: A temporary on-site sign identifying the builder or general contractor
of a residential construction site.
SIGN, BULLETIN BOARD: A permanent on-site sign providing public information to
the residential subdivision within which it is located.
SIGN, BUSINESS: 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
Page 5 of 2G
sign may also identify the name of the site or development or may identify the occupants
within the site or development.
SIGN, CANOPY: 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.
SIGN, CONSTRUCTION: A temporary sign identifying the property Owner, architect,
contractor, subcontractor, engineer, landscape architect, decorator or mortgagee engaged
in the design, construction or improvement of the premises on which the sign is located.
SIGN, DEVELOPMENT: A temporary, on-site 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.
SIGN, DIRECTIONAL: A permanent on-site sign intended to aid in vehicular
movement on the site.
SIGN, DIRECTIONAL (TEMPORARY REAL ESTATE): Off-site "Open -House"
and directional signs intended to direct persons to premises offered for lease or sale.
SIGN, DIRECTORY: A sign listing the occupants within a shopping center, retail
district, office districts, and commercial sites located on the same premises.
SIGN, ELECTRONIC DISPLAY: Refer to "Programmed Electronic Display".
SIGN, FENCE: A sign that is affixed or attached to a fence, whether permanent or
temporary.
SIGN, FLASHING: 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 Ordinance.
SIGN, GOVERNMENT: Signs required by governmental bodies or specifically
authorized for a public purpose by any law, statute, or ordinance. Such public signs may
be of any type, number, area, height, location, or illumination as required by law, statute,
or ordinance. 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.
SIGN, GROUND: Any sign connected to the ground by legs, poles, or other supports
and which is not an attached, portable, monument, or vehicular sign.
Page 6 or 26
SIGN, ILLEGAL NON CONFORMING: A sign which was in violation of any of the
ordinances 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 ordinances, including but not limited to, signs which
are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility
poles, trees, fences or other structures.
SIGN, ILLUMINATED: A sign that has characters, letters, figures, designs or outlines
illuminated by electrical lights, luminous tubes or other means.
SIGN, INFLATABLE: A hollow sign expanded or enlarged by the use of air or gas.
SIGN, INSTITUTIONAL: A permanent on-site sign used to identify governmental and
municipal agencies, public schools, churches, or similar public institutions, and used to
communicate messages of public importance to the general public.
SIGN, LEGAL NON CONFORMING: A sign which was lawfully erected and
maintained prior to the enactment of the Sign Ordinance and any amendments thereto,
and which does not conform to current applicable regulations and restrictions of the Sign
Ordinance.
SIGN, MODEL HOME: A temporary sign, identifying a new home, either furnished or
unfurnished, as being the builder or contractors model open to the public for inspection.
SIGN, MONUMENT: 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
any masonry material.
SIGN, NAMEPLATE: 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.
SIGN, OBSOLETE: 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 sib or sib structure
identifies or advertises, ceases to operate on the premises on which the sign or sign
structure is located.
SIGN, OBSOLETE LEASES PREMISES: 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.
Page 7 of 26
SIGN, OFF-SITE: 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.
SIGN, ON-SITE: 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.
SIGN, POLE (PERMANENT): Any free standing, permanent, on -premise sign
supported from the ground up by upright structural members.
SIGN, POLE (or SIGN, PYLON): Any free standing, on -premise sign supported from
the ground by upright structural members.
SIGN, POLE (TEMPORARY): A free standing, on -premise sign displayed for a
temporary period of time as provided in this Ordinance and supported from the ground up
by upright structural members.
SIGN, POLITICAL: 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.
SIGN, PORTABLE: 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.
SIGN, PROJECTING: 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.
SIGN, PROTECTIVE: A sign that communicates a warning.
SIGN, SERVICE CONTRACTOR: A temporary sib identifying the contractor(s)
responsible for work currently occurring on a premises.
SIGN, REAL ESTATE: A temporary or permanent sign supported by upright structural
members and which pertain 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.
SIGN, RIDER: 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.
Page S of 26
SIGN, ROOF: 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.
SIGN, STRUCTURALLY ALTER: 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.
SIGN, STRUCTURALLY REPAIR: The reconstruction or renewal of any part of the
supportive or bracing elements of an existing sign.
SIGN, SPECIAL PURPOSE: A temporary sign that is either on-site or off-site that
provides identification or information pertaining to a special event or occurrence
sponsored by a non-profit or civic organization.
SIGN, TEMPORARY: 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.
SIGN, VEHICULAR: 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 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.
SIGN, VENDING MACHINE: Advertising material affixed to a coin-operated vending
device, which advertising pertains only to the goods or services sold or dispensed by the
vending device to which it is attached.
SIGN, WALL: A sign attached or affixed parallel or flat to an exterior wall surface of a
building.
SIGN, WINDOW: 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.
Page 9 of 26
SIGN TYPES
Wall Sign
An attached sign affixed parallel to the
exterior wall surface of a building.
Pole or Pylon Sign
Afreestanding sign supported
by a pole or poles
Awning Sign
A sign that is on
an awning (with or
Programmed without lighting)
Electronic Display \
A sign electronically programmed Canopy Sign
to deliver different messages An attached sign
that is on a canopy
Vehicular Sign or area cover
A sign attached to
a movable vehicle i
\ <Cano 81
Monument Sign -'
A freestanding sign fully
supported by masonry base
(no poles) on the ground,
Banner Sign
A sign, composed primarily of
fabric or non -rigid materials,
and supported by wire, rope or
similar means,
Roof Sign
Any attached sign supported b
the roof of a budding or placed
above the apparent flat roof or
eaves of a building,
Y
Projection Sign
An attached sign that is supported
by a building wall or structure other
than a pole and extends more than
12" from the wall.
rrrriar
\Directional Sign
A permanent on-site sign
to aid in vehicular movement
triviuetc �-
�SynW
u,ulya:�. � 5lliw .,d}41X,
Nambplate Sign Window Sign
A permanent sign axed to
the exterior wall of a building, A sign located within or
ggwing name, address, pro- or on a window area
sessional status of the
occupant or tenant.
Portable Sign
A temporary sign, which can be moved
at periodic intervals, supported by but
not attached to the ground, and is used
for advertising purposed. Includes signs
mounted on trailers and sandwich board
signs.
SECTION 3.
GENERAL STANDARDS
A. Height of Signs: Sign height shall be measured as the vertical distance between the
highest part of the sign or its supporting structure, whichever is higher, and natural grade
at the center of the base of the sign.
B. Building. and Electrical Codes Applicable: All signs must conform to the regulations and
design standards of the Building Code, UL standards and other ordinances of the Town.
Wiring of all electrical signs must conform to the current Electric Code of the Town.
C. Illuminated Signs: Signs with external lighting shall be down -lighted. The light source
shall be fully shielded such that it cannot be seen from the property line of the site on
which the sign is located. Although the light cast from the source may be visible at the
property Iine 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 13 — Meritorious
E-yeeptions & Appeals.
D. Requirement to Repair: Whenever a sign is damaged by wind, is inadequately maintained,
the construction is faulty, or it is damaged by any other cause, it shall be considered a
Noe 10 of 26
public nuisance and the Owner shall be required to repair such sib substantially to its
original condition as determined by the Designated Official, or at the Owner's election
such sign shall be removed. A sign which has been permitted to remain in place as a
nonconforming use shall be removed when the sign, or a substantial part of it, is blown
down or otherwise destroyed or dismantled for any purpose other than maintenance
operations or for changing the letters, symbols or other material on the sign. For purposes
of this ordinance, a sign or a substantial part of it is considered to have been destroyed
only if the cost of repairing the sign is more than sixty percent (64%) of the cost of
erecting a new sign of the same type at the same location.
SECTION 4.
TRAFFIC SAFETY
A. Conflicts with Public Sipns: 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
CD
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.
SECTION 5.
POLITICAL SIGNS
A. Placement; Removal. Appeal from „Notice to Remove. Except as provided for herein, no
Political sign may be erected or placed in the median of any public right-of-way. Any
political signs so erected or placed may be removed by the Designated Official without
notice. No political sign may be erected or placed an private real property, including but
not limited to vacant lots or tracts, unless the property Owner 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 described in paragraph D of this Section S) no earlier than
seven (7) days in advance of the date of the election and must be removed within three (3)
days following the date of the election. In the event that the number of political signs
upon a lot or property exceeds the total number permitted by this Ordinance, all such
signs shall be deemed to be in violation of this Ordinance. The Designated Official shall
notify the property Owner on which the political signs are located of the violation; the
property Owner must then remove the signs in excess of the permitted amount within
twenty-four (24) hours following the time of such notification.
B. Number and Size: 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 or issue on the election ballot shall be erected on any zoning lot or
other parcel of land. The front and back surface of a political sign shall constitute one
Page I I of 26
sign. For signs with three or more surfaces, each surface shall constitute a separate sign.
For signs located on non-residential or unplatted property, the minimum distance between
identical signs shall be twenty-five feet (25').
C. 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.
D. 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 (D) Section 5, a
political sign is not required to be supported by the ground.
SECTION 6.
DEVELOPER / BUILDER & REAL ESTATE SIGNS
A. 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. Real Estate Sian Regulations:
a. Signs shall contain no more than two (2) sides and shall be limited to six
(G) square feet of text area on each side, including any riders. Signs larger
than six (G) square feet of text area shall be considered as being
commercial signs and shall be subject to Section 8 — Commercial Signs of
this Ordinance.
Page 12 of 26
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 6(A) — Developer- / Builder &
Real Estates Signs, Real Estates 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 6(A)(2) —
Developer / Builder & Real Estates Signs, Real Estate Sign Regulations,
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-site 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,
Village Trail, Durango Drive and Trophy Wood Drive.
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. No real estate sign may at any time be located in or
upon any public street or easement or other public right-of-way.
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. Signs shall be constructed of all weather durable material, painted
appropriately and maintained in good condition. Any sign that is dented,
faded or unclean shall be replaced. In the event such sign is not replaced,
the Town may remove the sign.
Unique signs that demonstrate increased quality and standards but do not
meet the dimension standards provided in this Section may be permitted
Page 13 of 26
by means of "meritorious exception" as provided in Section 13 —
Meritorious Exception alul Appeals.
SECTION 7.
PROVISIONS FOR ALL AREAS AND ZONING DISTRICTS
A. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs: Nothing in this ordinance 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.
?. 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 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. Temporary holiday decorations are permitted.
5. Vehicular signs are prohibited; except vehicular signs shall be allowed on
construction trailers, on construction sites and signs on transport vehicles being
loaded or unloaded and passenger vehicles parked at the Owner's or user's place
of residence or business.
SECTION 8.
COMMERCIAL SIGNS
A. Signs used for the purpose of identification, advertisement and for marketing of
professions, services, or products shall be subject to the following provisions: (basic types
of commercial signs are as shown in Exhibit "B" attached hereto and incorporated
herein.) In addition, non-commercial signs used for the purpose of identification of
schools, churches, governmental establishments and similar charitable, religious,
educational or eleemosynary institutions shall also be subject to the following provisions:
Page 14 of 26
1. On Premises Signs: Signs in areas zoned "CG — Commercial General", "CR —
Commercial Recreation", "GU — Governmental Use", or located within a Planned
Development district or used for commercial 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 (10) feet from average ground
level.
d. 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 (2) feet, six (6) inches. The
minimum copy height shall be one (1) foot, two (2) inches. The mounted copy
depth shall be five (5) inches. 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 118"
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. Eluminated 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.
Page 15 of M
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SECTION 9.
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 Ordinance or any other law or
code regarding the same:
1. Banner Sims: 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 Cony: 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.
S. 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 Elag: Display of flags is allowed.
8. Other Signs: As and to the extent as provided for by Section 7-- Provisions for All
Areas and Zoning Districts, of this ordinance.
9. Political jignL As permitted in Section S — Political Signs
10. Real Estate Signs: As permitted in Section 6 — Developel%Bui.lder & Real Estate
Signs.
11. Vehicle Sign: 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.
Page 19 of 26
SECTION 10.
PERMIT RE UIREMENTS
A. Except as provided herein, no permanent 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 farms furnished by the official 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 erecting the sign.
C. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
CF. Scaled site plan showing:
1) The location of the building, structure or tract to which or upon
which the sign is to be attached or erected,
?) The position of the sign in relation to nearby structures or other
signs, and
3) Dimensions of setbacks, building lines, distances between the sign
and streets and property lines.
4) Scaled drawings of the signs including height, width, area, design,
text and logo.
h. The designated official may require the filing of plans or other pertinent
information which, in the Official's opinion, such information is necessary
to ensure compliance with this Ordinance.
Page 20 of 26
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 Ordinance.
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 Ordinance, any other ordinance of the
Town, the laws of the State of Texas or the federal government. Such
revocation shall be effective when communicated in writing to the person
to whom the permit is issued or the Owner of the sign or the Owner of the
premises on which the sign is located. Any sign for which a permit has
been revolved 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 to the Town
Council upon recommendation of the Planning & Zoning Commission by
filing with the building official written notice of the intention to appeal
within ten (10) business days after the receipt of written notice of the
revocation. The decision of the Town Council shall be final.
3. Permit Fees: A sign permit fee shall be paid to the Town in accordance with the
most current fee schedule adopted by the Town.
SECTION 11.
TEMPORARY PERMITS
The designated official or their designee, 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 8 — Commercial Signs, of this Ordinance. Signs and
banners approved by the Planning Official as meeting the criteria necessary to satisfy the
provisions found in Section 8 — Commercial Sighs, of this Ordinance may be displayed on a
temporary basis not exceeding a four (4) week period. The Iength of the temporary permit will
be at the discretion of the Planning Official, not exceeding the maximum four (4) week period.
At the time of expiration of the Permit or Waiver, it will be the responsibility of the applicant to
Page 21 of 26
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 10 — Penult Requ.h errrerrts, 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 Ordinance.
SECTION 12.
NONCONFORMING 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 S(D) -- General
Standards, Requirement to Repair- of this Ordinance. It is the declared purpose of this
Section 12 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 ordinance,
or
2. was erected in violation of a Town ordinance 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 Ordinance,
2. were erected in conformity with Town ordinances in effect at the time of their
erection, and
3. remain in place after six (6) months from the effective date of this Ordinance.
D. An Owner of any lawfuI.ly existing nonconforming use or building may erect and
maintain a sign in accordance with the regulations contained herein.
SECTION 13.
MERITORIOUS EXCEPTIONS AND APPEALS
A. In the development of these criteria, a primary objective has been ensuring against the
kind of signage that has led to low visual quality. On the other hand, another primary
objective has been the guarding against signage over -control.
Page 22 of 26
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 Ordinance
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 13(B).
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 Ordinance, the Town
Council shall hear appeals with respect to any actions of the Designated Official in the
interpretation and enforcement of this Ordinance. 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 Ordinance 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 Ordinance 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.
SECTION 14.
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.
SECTION 15.
GRAFFITI; NOTICE OF VIOLATION
A. Graffiti Prohibited: The Owner of any property in the Town commits an offense if the
Owner fails to remove all graffiti from the property that is visible from any public
property, easement or right-of-way, unless the graffiti was created or placed on the
property with the Owner's consent and does not violate the Town's sign regulations or
any applicable ordinance, regulation or state or federal Iaw.
Page 23 of 26
B. Notice: Before issuing a citation for a violation of this Ordinance, the Designated
Official shall serve an Owner with written notice to remove the graffiti from the property
within twenty-one (21) calendar days from the date the notice is served. The notice may
be served by hand -delivery to the Owner or by depositing the same in the United States
Postal Service certified mail, return receipt requested, addressed to the Owner at the
Owner's address as shown on the most recent certified tax roll of the Town. If the Owner
cannot be located and the notice is returned undelivered by the United States Postal
Service, then the Owner may be notified by:
1. publication two (2) times within ten (10) consecutive days in the Town's official
newspaper; or
2, posting the notice on or near the front door of each building on the premises to
which the violation relates; or
3. posting the notice on a placard attached to a stake driven into the ground on the
premises to which the violation relates, if the premises do not contain a building.
C. Tire twenty-one (21) calendar days referenced in Section 15(B) hereof shall be counted as
follows:
1, from the date the notice is personally served on the Owner; or
2. from the sixth day after the date the notice is placed in the United States certified
mail; or
3, if the Owner cannot be found or in the event the notice is returned by the United
States Postal Service, from the date the notice is:
a. published for the second time in accordance with Section 15 (B)(1); or
b. posted in accordance with Section 15 (B)(2) and (3).
D. Defenses: It is a defense to prosecution under paragraph 1. of this Section 15 that:
1. no notice was served on the Owner in compliance with this Ordinance;
2. the Owner has removed the graffiti from the property in question three (3) or more
times within the twelve (12) month period preceding the date of the citation; or
3. before being issued a citation, the Owner gave the Designated Official written
authorization to allow persons to enter onto the property and remove the graffiti
pursuant to a volunteer or community service program approved by the
Designated Official in which the Owner is eligible to participate.
Page 24 of 26
E. Notice to Governmental Entities: The Designated Official shall notify the Town and any
other governmental entity whenever property owned by or under control of the Town or
governmental entity contains graffiti in violation of this Ordinance. The Town or any
other governmental entity shall remove any such graffiti from its property within twenty
one (21) days from the date of the notice.
SECTION 16.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 99-13 is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 99-13 on the date of adoption of
this Ordinance shall continue to be governed by the provisions of such Ordinance and for that
purpose the Ordinance shall remain in full force and effect.
SECTION 17.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting sign regulations which have
secured at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 18.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
ZD
effect.
SECTION 19.
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,
Page 25 of 26
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.
SECTION 20.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 21.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy CIub is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 22.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by theTown Coun of the Town of Trophy Club, Texas,
this 19th day of January, 2004.
yor
Town of Trophy Club, Texas
ATTES .
Town Secretary r
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Page 26 of 26