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ORD 1986-19ORDINANCE NO. 86-19 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 86-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF USE OF SIGNS; ESTABLISHING STANDARDS IN THE USE OF POLITICAL, REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS; PROVIDING A PROCEDURE FOR A MERITORIOUS EXCEPTION TO THIS ORDINANCE; PROHIBITING THE ERECTION OF ANY SIGN NOT OTHERWISE AUTHORIZED AND PROVIDING THAT SIGNS PERMANENTLY AFFIXED TO THE GROUND ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL CONSTITUTE VALID, NON --CONFORMING SIGNS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") recognizes the importance of freedom of speech as guaranteed by the First Amendment to the United States Constitution; and WHEREAS, the Town Council finds and recognizes that any regulation of speech must be reasonable and advance a legitimate governmental interest; and WHEREAS, the Town Council desires to restrict the visual blight and reduce the traffic hazards caused by the erection of sighs; and WHEREAS, the Town Council finds that the sign regulations outlined herein are in the best of 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. That 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. The following terms shall have the respective- meanings espectivemeanings ascribed to them: A. Nameplate signs -- A permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, when applicable, a professional status. B. On -Premises Signs - A permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold or offered, on the premises where the sign is located or to which it is affNed. C. Real Estate Signs - A temporary sign supported by the ground pertaining 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 there of located there on. Said sign shall be removed upon the sale or lease of the property. D. Political Signs - A temporary sign attached to or supported by the ground, that is in support of a candidate for elected public office or is in support of or in opposition to any propostion that is on the election ballot of an election duly called. E. Portable Signs - A sign on a display surface temporarily fixed to a standardized advertising structure which can be regularly moved from a location at periodic intervals and is not permanently affixed to the real property. F. Protective Sign - Any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to "Beware of Dog," "No Trespassing" and "No Solicitors." G. Premises - A lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lots or tract, or combination, is under a single ownership and is reflected in the plat records of the Town of Trophy Club or of Denton or Tarrant Counties. Multitenant locations shall be considered as one (1) tract. H. Sign - Any device, flag, light, picture, letter, word, message, symbol, plaque, banner or poster visible from outside the premises or structure on which it is located. 1. Vehicular Sign - Any sign 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 vehicles that advertises only the company name and address. Section 3. General Standards. A. Height of Signs - Sign height shall be measured from ground level at the base of or below the sign to the highest part of the sign. B. Building and Electrical Codes Applicable - All signs must conform to the regulations and design standards of the Building Code and other ordinances of the Town. Wiring of all electrical signs must conform to the Electric Code of the Town. C. Illuminated Signs - Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any sign located on a lot adjacent to or across the street the street from any residential district, which sign is visible from such residential district, shall not be illuminated. No neon or any other similar type signs will be permitted. Signs, except those required for security, shall not be illuminated between the hours of 10:00 P.M. and 7:00 A.M. 0035) -2- D. Flashing or Moving Signs - No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. E. Aecessway or Window - No sign shall block any required accessway or window. F. Signs on Trees or Utility Poles - No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. G. 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 public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the Town Council, 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 (50%) per cent of the cost of erecting a new sign of the same type at the same location. Section 4. Traffic Safety. A. 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. No sign shall be located in any vision triangle formed by the center lines of any two intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the Town) the sides of the triangle formed by the center lines of the intersecting streets shall be 120 feet in length as measured outward from the point of intersection of such center lines along such center lines. At all other intersections, each of such sides shall be 80 feet in length. Section 5. Political Signs. A. Placement; Removal; Appeal from Notice to Remove - Temporary political signs, irrespective of the provisions of any other ordinance or ordinances of the Town, may be placed on private property provided the Mayor does not conclude that the placement of same constitutes a traffic hazard or endangers the health, safety, morals and general welfare of the citizens of the Town. The Mayor may direct any such sign to be removed. The occupant may appeal the decision of the Mayor to the Town Couneit by submitting a written appeal to the Town Secretary within two (2) days of receipt of notice to remove. The Town Council's decision shall be final. No political signs may be erected on public right of ways. No signs may be erected on vacant lots or tracts unless written permission has been given by the property owner. Political signs may be erected 7 days in advance of the election and must be removed within 3 days following the election. 00351 -3- B. Location and Size - A temporary political sign may be erected in the required front yard of a dwelling no closer than ten (10) feet to any street curb line, provided that only one (1) sign per candidate or issue not exceeding three (3) square feet and there (3) feet in height, as measured from the ground, may be erected. No more than two (2) of such signs shall be erected on any zoning lot. 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 election for which the sign was placed. Failure to remove said sign within the stated period shall give the Mayor the authority to remove said sign and to affix alien against the property for the reasonable cost of removal. In order to affix a lien against the property, the Mayor shall follow the provisions outlined in article 4436 of the Texas Revised Civil Statutes (Vernon) as amended, and such provisions are adopted and incorporated herein as if set forth herein in their entirety. Section 6. Real Estate Signs - Real estate signs are authorized to be erected by owners of property. Such signs shall be limited to one (1) sign per premise, the total effective area of which may not exceed four (4) square feet. Maximum height shall not exceed three (3) feet, as measured from the ground, for any real estate sign, four (4) square feet per side, maximum two (2) sides. "Open House" signs are permitted between the hours of 1.00 p.m. and 5:00 p.m. on Saturday and Sundays only. Only two "Open House" signs may be erected, one on the property to be sold or leased and the other at the nearest intersection to such property. Section 7. Provisions for all Areas and Zoning _Districts - The following provisions shall apply to all areas and zoning districts of the Town: A. Government 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 sighs which are legally required or necessary to the essential functions of government agencies. B. 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. C. The occupant of a premises may erect not more than two (2) protective signs in accordance with the following provisions: 1. Each sign must not exceed one (1) square foot in effective area; 2. Detached signs must not exceed two (2) feet in height; and 3. Letters must not exceed four (4) inches in height. D. Temporary holiday decorations are permitted. E. Vehicular signs are prohibited. However, 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. 0 0 3 5 j -4- Section 8. Commercial Signs. Signs in areas zoned commercial or used for commercial purposes shall be on -premises or nameplate signs. There shall be no more than two (2) such signs for each business, the total effective area of which shall not exceed ten (10) square feet. No individual commercial sign shall exceed six (6) square feet in area. A single sign shall be permitted, of a monument type, displaying the tract (building name), constructed of wood or masonry or a combination thereof which shall have a total area not to exceed 24 square feet. The vertical projection of the sign shall not exceed 4 feet from grade. No commercial sign shall be allowed which is painted on the wall of any building or to any part of a building. Section 9. Procedures for a Meritorious Exception. 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 ordinance and thus 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. Such proposals will be seriously and fairly considered by the Town Council. 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. In hearing such appeals, the Council 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. A decision of the Council shall be final. Section 10. All signs not specifically authorized herein are prohibited. The Town Marshall shall have the authority to remove any sign in violation of this ordinance which is not permanently affixed to the ground on the effective date of this ordinance. All existing signs permanently affixed to the ground which do not conform to the provisions of this ordinance shall be considered valid non -conforming signs and shall be authorized to remain in place; provided, however, such signs are subject to the provisions of Section 3.G of this ordinance. Section 11. If any section, article, paragraph, sentence, clause, phrase or, word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 0035] -5- Section 12. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 13. The fact that the present ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the iI day of August , 1986. [SEAL] awn of Trophy Club, APPROVED AS TO FORM own ttorney, Town 6 - Trophy Club, Texas 0 0 3 5 -6-