02.23.2021 - Complete Agenda PacketTC*
TOWN OF
TROPHY CLUB
February 23, 2021 7:00 PM
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION led by Pastor Joel Quile of Trophy Club Bara Church
PLEDGES led by Council Member Bone
Pledge of Allegiance to the American Flag.
Pledge of Allegiance to the Texas Flag.
PUBLIC COMMENTS
Town of Trophy Club
Meeting Agenda
Town Council
Council Chamber
1 Trophy Wood Dme
Trophy Club, Texas 76262
This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to take discuss or take action on any presentations made
to the Council. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by
the Presiding Officer, Each speaker must have submitted their request to speak via the Public Portal or have completed the Speakers Form. You may also email
mayorandcouncil@trophyclub.org
ANNOUNCEMENTS AND REPORTS
1. Business Spotlight— Freeform Chiropractic— Dr. Colby King. (S. Norwood)
2. Recognition of the Trophy Club Fire Department's 2020 Achievement of Excellence in Fire Prevention presented by Tim Dedear, TXFMA Committee Chair, Texas
Fire Marshal's Association, and Adana Kistner,1st Vice President of TXFMA. (S. Norwood)
3. Update on Winter Storm Energy, Water, Gas, Streets, etc.. affecting Trophy Club. (S. Norwood)
4. Recognition of Byron Nelson High School Competition Cheer Team for UIL 6A Division 2, SPIRIT STATE CHAMPION. (Mayor Fleury)
5. Recognition of the Winners of the Art Z "Kindness is' Contest. (Mayor Fleury)
6. Announcement of Early Voting and Election Day Polling Site for Trophy Club at Town Hall for the May 1, 2021 General Election. (Mayor Fleury).
PROCLAMATION(S)
7. Extending Mayoral Proclamation 2021-04 declaring a Local state of disaster for public health emergency through Denton County for the Town of Trophy Club and
exempting bidding requirements of items necessary to protect the public health or safety of Town Residents, 9 necessary. (Mayor Fleury)
CONSENT AGENDA
8. Take appropriate action regarding the Town Council Minutes dated February 9, 2021. (L. Vacek)
9. Issuance of an Order/Ordinance 2021- 06 Canceling the Town of Trophy Club's General Election called for May 1, 2021 and Declaring the Unopposed Council
Candidates Elected of Karl Monger, Place 4, and Dennis Sheridan, Place 3. (L. Vacek)
INDIVIDUAL ITEMS
10. Discussion of Future Agenda Items. (S. Norwood).
11. Discuss the creation of a Strategic Plan for the Town of Trophy Club. (Councilmembers Geraci and Wilson)
12. Engagement of Fancher Legal, PLLC for the purpose of legal advice in water and utility district issues. (S. Norwood)
13. Discussion of sign ordinance, Article 3.09 Signs. (S. Norwood)
ADJOURN
' The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071
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 Friday, February 19,
2021 by 5.00 p.m. in accordance with Chapter 551, Texas Government Code.
Leticia Vacek, TRMCICMCIMMC
Town SecretarylRMO
If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours
in advance, and reasonable accommodations will be made to assist you.
Members of the Town Council may be participating remotely in compliance with the Texas Open Meetings Act. Town Councr7 Rules of Procedure, or under the
provisions provided by the Governor of Texas in conjunction with the Declaration of Disaster enabled March 13, 2020.
ITOWN OF
ci: TROPHY CLUB
t Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org
To: Mayor and Town Council
From: Leticia Vacek, Town Secretary/RMO
CC: Steve Norwood, Town Manager
Re: Item 6 — Announcement of Early Voting/Election Day Polling Site of Trophy Club
Town Hall for the May 1, 2021 Entity Elections (NWISD/Southlake)
Date February 19, 2021
Agenda Item:
Announcement of Early Voting/Election Day Polling Site of Trophy Club Town Hall for the May 1,
2021 Entity Elections for NWISD and Southlake.
Strategic Link:
Administrative & Financial Services - This item relates primarily to the Administrative &
Financial Services strategic link as the conduct of Elections fall under the Administration of the
Town of Trophy Club.
Background and Explanation:
In providing notification to Denton County this week that the Town of Trophy Club would not
hold a General Election due to having unopposed races for Council Place 3 and Council Place 4;
we were informed that Northwest ISD and the Town of Southlake requested the use of Trophy
Club Town Hall for Early Voting and Election Day for the May 1, 2021 Uniform Election Date.
Denton County also informed us that the cost of said polling place would be split between the
two entities. Therefore, our Trophy Club Tarrant and Denton Voters will all vote at Town Hall
during Early Voting; should they chose; and on Election Day.
In the past, Trophy Club Voters have expressed concern as to their polling site. Upon the request
of Mayor Fleury; Mayor Pro Tern Lamont, Wade Carroll, Chief Taylor, Denton County Deputy
Elections Administrator B. Grimes and myself met via Zoom to assess future polling locations for
Trophy Club Voters. Ms. Grimes indicated that the Town of Trophy Club could be used as a Polling
Site for TC Voters except during Presidential Gubernatorial and State Constitutional Elections.
Page 1 of 2
To add more confusion; our Texas Municipal Clerks Legislative Committee which I serve on, met
via Zoom and it was stated that a Bill is expected to be filed this session that would do away with
the May Uniform Election Day.
All in all, and for the time being, the desire of Mayor Fleury and Council is to make it as easy as
possible to have our Trophy Club Voters use one location for voter consistency; that being Town
Hall for this May Election until one of the 3 Exceptions causes other sites to be utilized.
Financial Considerations:
To be Determined.
Leeal Review:
Not applicable.
Board/Commission/ or Committee Recommendation:
Not applicable.
Page 2 of 2
TOWN OF TROPHY CLUB
PROCLAMATION 2021-04
MAYORAL DECLARATION OF LOCAL STATE OF DISASTER
DUE TO UNPRECEDENTED WINTER WEATHER
WHEREAS, beginning on February 12, 2021 Texas Governor Greg Abbott issued a
declaration of disaster for all 254 counties of Texas for unprecedented winter weather; and
WHEREAS, this winter weather event poses a risk to life and property of all residents and
businesses in The Town of Trophy Club; and
WHEREAS, The Town of Trophy Club is taking extraordinary measures to respond to the
effects of the winter weather to protect life and property; and
WHEREAS, The Town of Trophy Club has worked in conjunction with the Denton County
Department of Emergency Services establishing emergency protective measures, mitigation
procedures and emergency response plans for this type of emergency; and
WHEREAS, said state of disaster requires that certain emergency protective measures
be taken pursuant to the Texas Disaster Act of 1975 relating to Emergency Management and
Public Health, pursuant to Chapter 418 of the Texas Government Code.
NOW THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE TOWN OF TROPHY
CLUB, TEXAS:
SECTION 1. That a local state of disaster for public health emergency is hereby declared
for the Town of Trophy Club, Texas, pursuant to Section 418.108(a) of the Texas Government
Code.
SECTION 2. That pursuant to Section 418.108(b) of the Texas Government Code the
state of disaster for public health emergency shall continue for a period of not more than seven
(7) days from the date of this declaration, unless continued or renewed by the Town Council of
the Town of Trophy Club, Texas.
SECTION 3. That pursuant to Section 418.108(c) of the Texas Government Code this
declaration of a local state of disaster for public health emergency shall be given prompt and
general publicity and shall be filed promptly with the Town Secretary.
SECTION 4. That pursuant to Section 418.108(d) of the Texas Govemment Code, this
declaration of a local state of disaster activates the Town of Trophy Club, Texas, emergency
management plan, and authorizes the furnishing of aid and assistance under the declaration.
SECTIONS. As allowed by Local Government Code 262.024, exempt bidding
requirements of purchasing items necessary to preserve or protect the public health or safety of
resident of the Town. This exemption shall remain in effect until a time when the Disaster
Declaration is lifted.
SECTION 6. This Declaration shall take effect immediately from and after its issuance.
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this 17th day of March, 2020.
A ST:
—1vUttkU(vj
L ici Vacek, Town Secretary
Town of Trophy Club, Texas
or i ropny L;iuo, i exas
AW 12-2
Prescribed by Secretary of State
Section 2.051 — 2.053, Texas Election Code
2/ 14
ORDER OF CANCELLATION
ORDEN DE CANCELAC16N
The Town of Trophy Club Council hereby cancels the election scheduled to be held on May
1, 2021 in accordance with Section 2.053(a) of the Texas Election Code. The following
candidates have been certified as unopposed and are hereby elected as follows:
Dennis Sheridan, Council Member, Place 3
Karl Monger, Council Member, Place 4
El Pueblo de Trophy Club por la presente cancela la eleccicin que, de to contrario,
se hubiera celebrado el I de mayo, 202I de conformidad, con la Seccion 2.053(a) del Codigo de
Elecciones de Texas. Los siguientes candidatos han sido certificados como candidatos unicos y
por la presente quedan elegidos comp se haya indicadoa continuaci6n:
Dennis Sheridan, membro de concilio, Lugar 3
Karl Monger, membro de concilio, Lugar 4
A copy of this order will be posted on Election Day at each polling place that would have
been used in the election.
El Dia de las Elecciones se exhibird una copia de ester orders en todas las mesas electorates
que se hubieran utilizado en la eleccidn.
Mayor (Alcalde)
Town Secretary (Secretaries de ayuntamiento)
0212312021
Date of adoption (Fecha de adopcibn)
Instructions for sample order of cancellation:
To cancel an election, the governing body must first receive and accept the Certification of Unopposed
Candidates form (or the authority may create its own form) from the authority responsible for preparing
the ballot. The cancellation order/ordinance must be adopted in an open meeting. The candidates are not
required to be present. Certificates of election should be prepared for each unopposed candidate;
however, the certificates of election should not be issued until after Election Day, as follows. Section 2.053
provides that the certificate of election shall be issued "in the same manner and at the same time" as for
a candidate elected at an election. Therefore, the candidates, who have been declared "elected" at the
meeting ordering the cancellation, must wait until after the official election day(even though no election
is held) and no earlier than the prescribed canvassing period (even though no canvass is held) to be sworn
in and assume their duties. Candidates may complete the Statement of Elected Officer prior to Election
Day. The Statement should be kept locally; it does not need to be sentto the Secretary of State's Office.
Copies of this order/ordinance must be posted on Election Day at each polling place that would have been
used had the election not been cancelled.
An election* may be cancelled if.
1) The election is one in which a declaration of write-in candidacy is required; and
2) No opposed at -large race is on the ballot* within that election;*and
3) Each candidate whose name is to appear on the ballot* is unopposed, with some exceptions;
This means:
• In an all at -large election* (with no single -member districts), if there is one or more
opposed at -large races, then all the races go on the ballot within that election.*
• In an election* in which any members of the governing body are elected from single -
member districts, an election in a particular district may be cancelled if the candidate
is unopposed and the election otherwise meets the above requirements (i.e., there is no
at -large opposed race on the ballot).
Note: A general election (for full terms) or a special election (to fill a vacancy in an unexpired term) is
considered a separate election with a separate ballot for purposes of these tests, even if held on the same
election date. See our online Cancellation guide for details.
Para cancelar Una elecci6n, la entidad gobernante primero debe recibir y aceptar, de la autoridad responsable para
preparar la boleta, el formulario de Certif:caci6n para Candidates Sin 6pasici6n (o la autoridad puede crear su
propio formulario) de la autoridad responsable para preparar la boleta. La orden/ordenanza de cancelaci6n debe
ser adoptada en Una reuni6n abierta. No se requiere que los candidatos esten presentes. Se debe preparar un
certificado de elecci6n para cada candidato sin oposici6n; sin embargo, los certificados de elecci6n no se deben
emitir hasta el Dia de las Elecciones, asi coma se detalla a continuaci6n. La secci6n 2.053 indica que el certijicado
de elecci6n serk publicado "en la misma manera y al mismo dempo"para an candidato elegido en Una elecci6n.
Par to tanto, los candidatos que hayan sido declarados "elegido" en la reuni6n de la cancelaci6n, deben esperar
hasta despues del dia official de elecciones (aunque no se hayan Ilevado Una elecci6n) y no antes del periodo
prescrito de la campaiea politico (aunque no se lleve a cabo la campana politica) a ser jurados y asumir sus deberes.
Los candidatos pueden llenar la Declaraci6n de Funcionario Elegido antes del Dia de las Elecciones. Este
documento se debe mantener en los archivos locales. No es necesario enviarla a IaQ cina del Secretario de
Estado. El Dia de las Elecciones se debe exhibir Una copia de esta orden/ordenanza en todos los sitios de votaci6n
que se hubieran utilizado en la elecci6n si no hubiera sido cancelada.
Una elecci6n * puede ser cancelada si:
l) la elecci6n es Una en la que se requiere Una declaratoi6n de candidatos par escrito en la boleta de
votaci6n; y,
2) no hay oposici6n para la carrera par acumulaci6n en la boleta* de votaci6n dentro de esa elecci6n * y
3) Todos los candidatos cuyos nombres deben aparecer on la boleta* de votaci6n no denen oposici6n, con
unas excepciones;
Esto significa:
• En Una elecci6n *par acumulaci6n (sin ningtin distrito con miembro isnico), si se encuentra Una
o mks de Una carrera par acumulaci6n con oposici6n, entonces todas las carreras estar6n en la
boleta dentro de esa elecci6n *.
• En Una elecci6n * en la que cualquiera de los miembros de la entidad gobernante se eligen de
distritos con un solo miembro, se puede cancelar Una elecci6n en un distrito especljico si hay
oposici6n para el candidato y la elecci6n cumple con los requisitos que antecedes (ej. no hay
oposici6n para la carrera par acumulaci6n en la boleta).
Nota: Una elecci6n general (con terminos completos) o una elecci6n especial (para Tlenar Una vacante de an
termino no vencido) es considerada coma una elecci6n distinta con una boleta distinta con los prap6sitos de
estas pruebas, aunque se lleven a cabo en la misma jecha electoral. Vea nuestra guia de cancelaci6n on linea
para mks detalles.
AW12-1
Prescribed by Secretary of State
Section 2.051— 2.053, Texas Election Code
2/14
CERTIFICATION OF UNOPPOSED CANDIDATES FOR
OTHER POLITICAL SUBDIVISIONS (NOT COUNTY)
CERTIFICACIONDE CANDIDATOS UNICOS
PARA OTRAS SUBDIVISIONES POLITICAS (NO EL CONDADO)
To: Presiding Officer of Governing Body
Al. Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared, I hereby certify that
the following candidates are unopposed for election to office for the election scheduled to be
held on Mal. 2021
Como autoridad a cargo de la preparaci6n de la boleta de votacidn of cial, por la presence
certifrco que los siguientes candidatos son candidatos rinicos para elecci6n para un cargo en
la eleccion que se iievard a cabo el I de mavo. 2021
List offices and names of candidates:
Lista de cargos y nombres de los candidatos:
Office(s) Cargo(s)
Council Member, Place 3
Council Member, Place 4
Candidate(s) Candidato(s)
OF � ROR�yY•<<��
0
Leticia Vacek
Printed name (hombre en letra de molde)
Town Seca r2ry1RM0
Title (Puesto)
February _' 2021
Date of signing ( echo de firma)
Dennis Sheridan
Karl Monger
ITOWN OF
CE TROPHY CLUB
t Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 info@trophyclub.org f trophyclub.org
To: Mayor & Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, Town Secretary
Re: Strategic Plan
Meeting
Date: February 23 2021
Agenda Item:
Discuss the creation of a Strategic Plan for the Town of Trophy Club.
Strateaic Link:
Administrative & Financial Services: Exercise fiscal discipline in all Town operations.
Background and Explanation:
At the direction of Council, staff has been working on a 3-5 year strategic plan or financial outlook. Finance and
the Town Manager's Office will be presenting a look at our estimated future revenues, operational costs and
our debt picture at this meeting for discussion with Council.
Financial Considerations:
None
Legal Review:
Not applicable
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends the creation of a three (3) year strategic financial plan.
Attachments:
Page 1 of 1
TOWN OF
TROPHY CLUB
t Trophy Wood Drive, Trophy Club, TX 76262 ( 682.237.2900 1 info@trophyclub.org I trophyclub.org
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, Town Secretary
Re: Retaining Legal Counsel
Meeting
Date: February 23 2021
Agenda Item:
Engagement of Fancher Legal, PLLC for the purpose of legal advice in water and utility district issues.
Strategic Link:
Infrastructure & Development: Collaborate effectively with other governmental entities.
Background and Explanation:
Staff is requesting the retention of Kristen Fancher of Fancher Legal, PLLC to obtain legal advice related to the
transfer of the Fire Department operational costs and capital assets from the Trophy Club Municipal Utility
District No. 1 (MUD) to the Town of Trophy Club and/or the amendment of our Interlocal Agreement for the
management of the Trophy Club Fire Department. The attorney may also be used if future legal advice is needed
in relation to the MUD operations. The Staff is not requesting legal advice at this time however we are securing
the access to legal expertise.
Financial Considerations:
Any funds required will be charged to the Town Manager's Outside Professional Services line in the approved
2021 budget.
Legal Review:
The Town Attorney has reviewed said item and concurs with staff recommendation.
Board/Commission/ or Committee Recommendation:
Not Applicable
Staff Recommendation:
Staff recommends the retaining of Fancher Legal, PLLC for future legal services.
Ottarhmpnts-
Page 1 of 1
FANCHER6136 FRISCO SQUARE BLVD., SUITE 400
LEGAL PLLC FRlsco, TX 75034 PHONE: (469) 925-0022
6r FAX: (469) 287-5503 Email: kf@fancherlegal.com
January 28, 2021
Mr. Steve Norwood
Town Manager
Town of Trophy Club
snorwood@trophyclub.org
Via Electronic Mail
Re: Engagement for Legal Services; Firm File No. 15035-0
Dear Mr. Norwood:
Thank you for allowing my firm to have the opportunity to represent the Town of Trophy
Club ("Town" or "you"). I look forward to providing you with efficient, high -quality legal
representation of your interests. As a part of my regular procedure in establishing an attorney -
client relationship, I would like to take this opportunity to set out the specific terms, and request
that you acknowledge receipt and understanding of this letter by signing below and returning a
copy to me at your earliest convenience.
Scope of Engagement
It is my understanding that the Town's legal needs include representation on acquiring
some or all of the service responsibilities of the Trophy Club Municipal Utility District No. 1 and
the options related thereto (the "Matter"). The scope of our initial engagement will be limited to
the specific Matter described above. However, should you expressly request additional matters
and responsibilities in the future, the provisions in this letter will govern our continuing
relationship.
Hourly Rates, Enenses and Payment
My current hourly rate to work on the Matter is $275.00 per hour, which is my discounted
rate for governmental entity clients. It is anticipated that I will perform all/most of the work on
the Matter; however, the firm's paralegal, Erin Zoch, may be assigned in the future as necessary,
and her hourly rate is $155.00 per hour. I am conscious of the fact that legal fees on a substantial
matter can quickly accumulate, and will attempt to maintain reasonable fee levels under the
circumstances by, among other things, utilizing my experience and preexisting resources. In
addition, when unforeseen extraordinary fees or expenses appear necessary, I will consult with
you beforehand.
I do not require an upfront retainer for my services in the Matter. I will bill my time on an
hourly basis, and will submit statements to you on a monthly basis by email, unless you prefer that
I mail statements to you. Statements are due and payable upon receipt. There may be occasions
involving unforeseen circumstances when an account will go unpaid, and, in such instances, I will
ENGAGEMENT LETTER
PAGE 2 OF 3
attempt to work with you if you communicate the nature of the delay to me. However, I reserve
the right to discontinue work on pending matters or terminate our attorney -client relationship at
any time that a statement remains due and unpaid and we are not able to work out a payment
arrangement. Should you have any questions as to any statement, please contact me at your earliest
convenience so that we can resolve any problems without delay.
Expenses related to travel or any other out-of-pocket costs related to your representation
will be billed separately and included on each monthly invoice. My billing practices with respect
to most internal office expenses are different from many law firms and hopefully will be viewed
favorably by you. I do not charge for in-house facsimile, in-house copies, long distance,
computerized legal research (Westlaw/Lexis) or other similar overhead items, as I believe those
costs should be built into my hourly rate. Charges incurred from third party vendors will be passed
along to you in monthly invoices. These charges include, by way of example, outside copy
services, overnight delivery charges, and filing fees. All third -party invoices in excess of $350.00
will usually be forwarded to you for direct payment.
Conflicts of Interest and Lawyer's Creed
I ran a standard conflicts check to ensure that there are no conflicts with my representation
of the Town. I will notify you in the unlikely event a conflict arises in the future, and we can
discuss it at that time. I handle all conflict matters in accordance with the Texas Disciplinary Rules
of Professional Conduct (ethics rules) applicable to attorneys licensed and practicing in the State
of Texas. The Supreme Court of Texas requires that all attorneys in Texas follow the "Texas
Lawyer's Creed." Section II(1) of the Creed requires that I advise you of it at the time of
undertaking representation.
Opinions and Termination of Engagement
You have requested my advice and counsel as a part of my services to you. In the event
that you fail to follow such advice and counsel, or otherwise fail to cooperate reasonably, I reserve
the right to withdraw from the representation, regardless of the then status of your matter, and to
collect all fees and expenses accrued up to the date of termination. Of course, at any time that you
wish, you may cease to use my firm's services and to incur future fees and expenses through
notifying me in writing to that effect.
As you know, I cannot make representations as to the probability of ultimate success in a
given matter, and similarly, I cannot guarantee any particular result. However, I do agree to exert
in good faith my reasonable, ethical professional efforts on your behalf.
Please let me know if you have any questions regarding this engagement letter. I truly
appreciate the opportunity to be of service to you.
ENGAGEMENT LETTER
PAGE 3 OF 3
Regards,
Fancher Legal, PLLC
4to W,/t-
Kristen O. Fancher
AGREED AND ACCEPTED THIS DAY OF , 2021.
Mr. Steve Norwood, Town Manager
FANCHER
LEG AL>.Lc
Mr. Steve Norwood
Town Manager
Town of Trophy Club
snorwood@trophyclub.org
6136 FRISCO SQUARE BLVD., SUITE 400
FRISCO, TX 75034 PHONE: (469) 925-0022
FAX: (469) 287-5503 Emait: kf@fancherlegal.com
January 28, 2021
Via Electronic Mail
Re: Engagement for Legal Services; Firm File No. 15035-0
Dear Mr. Norwood:
Thank you for allowing my firm to have the opportunity to represent the Town of Trophy
Club ("Town" or "you"). I look forward to providing you with efficient, high -quality legal
representation of your interests. As a part of my regular procedure in establishing an attorney -
client relationship, I would like to take this opportunity to set out the specific terms, and request
that you acknowledge receipt and understanding of this letter by signing below and returning a
copy to me at your earliest convenience.
Scope of Engagement
It is my understanding that the Town's legal needs include representation on acquiring
some or all of the service responsibilities of the Trophy Club Municipal Utility District No. 1 and
the options related thereto (the "Matter"). The scope of our initial engagement will be limited to
the specific Matter described above. However, should you expressly request additional matters
and responsibilities in the future, the provisions in this letter will govern our continuing
relationship.
Hourly Rates, Expenses and Payment
My current hourly rate to work on the Matter is $275.00 per hour, which is my discounted
rate for governmental entity clients. It is anticipated that I will perform all/most of the work on
the Matter; however, the firm's paralegal, Erin Zoch, may be assigned in the future as necessary,
and her hourly rate is $155.00 per hour. I am conscious of the fact that legal fees on a substantial
matter can quickly accumulate, and will attempt to maintain reasonable fee levels under the
circumstances by, among other things, utilizing my experience and preexisting resources. In
addition, when unforeseen extraordinary fees or expenses appear necessary, I will consult with
you beforehand.
I do not require an upfront retainer for my services in the Matter. I will bill my time on an
hourly basis, and will submit statements to you on a monthly basis by email, unless you prefer that
I mail statements to you. Statements are due and payable upon receipt. There may be occasions
involving unforeseen circumstances when an account will go unpaid, and, in such instances, I will
ENGAGEMENT LETTER
PAGE 2 OF 3
attempt to work with you if you communicate the nature of the delay to me. However, I reserve
the right to discontinue work on pending matters or terminate our attorney -client relationship at
any time that a statement remains due and unpaid and we are not able to work out a payment
arrangement. Should you have any questions as to any statement, please contact me at your earliest
convenience so that we can resolve any problems without delay.
Expenses related to travel or any other out-of-pocket costs related to your representation
will be billed separately and included on each monthly invoice. My billing practices with respect
to most internal office expenses are different from many law firms and hopefully will be viewed
favorably by you. I do not charge for in-house facsimile, in-house copies, long distance,
computerized legal research (Westlaw/Lexis) or other similar overhead items, as I believe those
costs should be built into my hourly rate. Charges incurred from third party vendors will be passed
along to you in monthly invoices. These charges include, by way of example, outside copy
services, overnight delivery charges, and filing fees. All third -party invoices in excess of $350.00
will usually be forwarded to you for direct payment.
Conflicts of Interest and Lawyer's Creed
I ran a standard conflicts check to ensure that there are no conflicts with my representation
of the Town. I will notify you in the unlikely event a conflict arises in the future, and we can
discuss it at that time. I handle all conflict matters in accordance with the Texas Disciplinary Rules
of Professional Conduct (ethics rules) applicable to attorneys licensed and practicing in the State
of Texas. The Supreme Court of Texas requires that all attorneys in Texas follow the "Texas
Lawyer's Creed." Section II(1) of the Creed requires that I advise you of it at the time of
undertaking representation.
Opinions and Termination of Eng-aizement
You have requested my advice and counsel as a part of my services to you. In the event
that you fail to follow such advice and counsel, or otherwise fail to cooperate reasonably, I reserve
the right to withdraw from the representation, regardless of the then status of your matter, and to
collect all fees and expenses accrued up to the date of termination. Of course, at any time that you
wish, you may cease to use my firm's services and to incur future fees and expenses through
notifying me in writing to that effect.
As you know, I cannot make representations as to the probability of ultimate success in a
given matter, and similarly, I cannot guarantee any particular result. However, I do agree to exert
in good faith my reasonable, ethical professional efforts on your behalf.
Please let me know if you have any questions regarding this engagement letter. I truly
appreciate the opportunity to be of service to you.
ENGAGEMENT LETTER
PAGE 3 OF 3
Regards,
Fancher Legal, PLLC
Kristen O. Fancher
AGREED AND ACCEPTED THIS DAY OF , 2021.
Mr. Steve Norwood, Town Manager
TOWN OF
TROPHY
I Trophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 y info@trophyclub.org I trophyclub.org
To: Mayor and Town Council
From: Steve Norwood, Town Manager
CC: Leticia Vacek, Town Secretary
Re: Discussion of sign ordinance
Meeting
Date: February 23, 2021
Agenda Item:
Discussion of sign ordinance, Article 3.09 Signs
Strategic Link:
Nature & Beautification: Maintain Town assets, services, and codes of ordinances that preserve the natural
beauty of the Town.
Background and Explanation:
Staff is seeking input from Council for a possible amendment of the Town of Trophy Club's sign ordinance, Article
3.09 signs. Staff would like to hear issues that Council has faced in working within our current sign ordinance.
Staff will be providing input surrounding operational issues that have arisen or where the ordinance has fallen
silent on specific needs of Council or Code Enforcement. The Town Attorney will address any needed changes
to ensure that our ordinance follows Federal requirements related to freedom of speech. Once a revision is
created the draft ordinance language will be sent to Planning and Zoning for additional revisions prior to a final
document being presented to Council for approval at a later date.
Financial Considerations:
Not Applicable
Legal Review:
The Town Attorney has reviewed said item and has no recommendation.
Board/Commission/ or Committee Recommendation:
Planning & Zoning Commission will be presented this information and a draft ordinance at a later time.
Staff Recommendation:
Staff recommends a thorough review of the sign ordinance, Article 3.09 Signs and will present changes to the
Planning and Zoning Commission for approval.
Page 1 of 2
Attachments:
Article 3.09 Signs
Page 2 of 2
ARTICLE 3.09 SIGNS -
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.
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.
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.
Bannersign. 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.
Buildersign. 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.
Canopysign. 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.
Directorysign. A sign listing the occupants within a shopping center, retail district, office districts,
and commercial sites located on the same premises.
Electronic display sign. Refer to "programmed electronic display."
Featherfla_g. 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
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 (orpylon 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.
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 altersi_gn. 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 (21
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.
SLqn structure. Any portion of an advertising device, inclusive of its supports, or any device solely designed for
carrying an advertising message.
Vision trian-gle. 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)
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 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)
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)
Sec. 3.09.004 Measurement of sign height
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)
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)
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.
(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 10/13115)
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.
(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)
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)
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.
(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 217/05; 2006 Code, ch. 5,
sec. 4.09; Ordinance 2015-23, sec. 4.12, adopted 10/13/15)
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)
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 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)
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)
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.
(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)
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)
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.
(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)
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)
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)
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
10113/15)
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)
Secs.3.09.020-3.09.060 Reserved
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 propertv.
(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 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.
(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)
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) Sian 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
"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(13), 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)
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)
Sec. 3.09.064 Real estate signs - limited purpose on -premises signs
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) Sian 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.
(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)
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)
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)
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)
Secs.3.09.068-3.09.090 Reserved
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.
(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. Vill, 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)
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 &
Maximum
Zoning District
Permanent/
Height
Duration
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
1 per premises or lease
36 sq. ft.
N/A
30 days
Nonresidential
Temporary
drop flag, wind device,
space no more than 2
bow flag
times annually
Billboard
Along property which
To be determined by the town council
Nonresidential
Permanent
abuts State Highway 114
upon recommendation of the planning
& zoning commission
Builder/contractor
2 per premises
6 sq. ft.
4 ft.
Removed upon
All districts
Temporary
sale, lease,
rental
Bulletin board
To be determined by the town council upon recommendation of the
Residential
Permanent
planning & zoning commission
Canopy
25 sq. ft. or 10% of the face of the canopy of
Life of structure
Nonresidential
Permanent
which it is a part of or to which it is attached,
whichever is greater
Contractor service
No limit provided total
6 sq. ft.
4 ft.
14 days after
All districts
Temporary
combined sq. footage
completion of
does not exceed 6 sq. ft.
service
CEVMS
1 per premises with
50 sq. ft.
4 ft.
Life of permit
All districts
Permanent
approval of the town
council upon
recommendation of the
planning and zoning
commission; not allowed
on billboards
Development
1 per project/premises
32 sq. ft.
5 ft.
Residential:
All districts
Temporary
90% of all
lots/houses sold
Commercial:
Completion of
project
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
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
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
Life of permit
Nonresidential
Permanent
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
Window
No limit provided total combined sq. footage
Life of permit
Nonresidential
Permanent
does not exceed 25% of the visible window area
available in the absence of any signs
(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)