Agenda Packet TC 02/07/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, February 7, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
A.4 Public Works Citizen Advisory Group Workshop to discuss current/recent projects.
A.5 Ways & Means Citizen Advisory Group Workshop to discuss current/recent projects.
A.6 Discuss and take appropriate action regarding the approval of fiscal year end September
2004 Audit.
B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
B.3 Discuss and take appropriate action regarding an Ordinance calling a General Election for
May 7, 2005 for Mayor and two Council Members.
B.4 Discuss and take appropriate action regarding accepting and awarding the Engineer's
recommended bid for the 2005 Annual Miscellaneous Concrete Repair Project
B.5 Discuss and take appropriate action regarding accepting and awarding the Engineer's
recommended bid for Paving and Drainage Improvements for Indian Creek Drive and
Shields Court Project
D.1 Consent Agenda: Discuss and take appropriate action regarding a resolution endorsing
certain legislative changes to Senate Bill 7 supported by Cities Aggregation Power
Project, Inc. "CAPP"
D.2 Consent Agenda: Discuss and take appropriate action regarding Minutes dated January
17, 2005.
D.3 Consent Agenda: Discuss and take appropriate action to approve Financials dated
December 31, 2004.
D.4 Additional Information for Council.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (a)
and (b) "Consultation with Attorney", the Council will enter into executive session to
discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the Attorney to the
Governmental Body under the Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflict with the Open Meetings Act (551.071 (b)). (1) Legal Advice Relative to proposed Sign Ordinance
F.1 Discuss and take appropriate action regarding an ordinance repealing Town Ordinance
No. 2004-02 P&Z, and adopting new provisions relating to sign regulations.
F.2 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.A.2
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.A.6
Discuss and take appropriate action regarding the approval of fiscal year end
September 2004 Audit.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Audit
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.B.1
Citizen presentations: this is an opportunity for citizens to address the Council on
any matter whether or not it is posted on the agenda. The Council is not permitted
to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on
specific agenda items prior to the Council addressing those items.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.B.2
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.B.4
Discuss and take appropriate action regarding accepting and awarding the
Engineer's recommended bid for the 2005 Annual Miscellaneous Concrete Repair
Project
EXPLANATION:
RECOMMENDATION:
Staff recommends acceptance and award of Engineer’s recommended bid.
ACTION BY COUNCIL:
(mm)
Attachments: 1.Bid tabulation from Teague, Nall & Perkins.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.B.5
Discuss and take appropriate action regarding accepting and awarding the
Engineer's recommended bid for Paving and Drainage Improvements for Indian
Creek Drive and Shields Court Project
EXPLANATION:
RECOMMENDATION:
Staff recommends acceptance and approval of engineers’ recommended bid.
ACTION BY COUNCIL:
(mm)
Attachments: 1. Bid Tabulation from Teague, Nall & Perkins
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.D.1
Consent Agenda: Discuss and take appropriate action regarding a resolution
endorsing certain legislative changes to Senate Bill 7 supported by Cities
Aggregation Power Project, Inc. "CAPP"
EXPLANATION:
CAPP has provided the attached resolution for passage by its members. The attached staff report
provides a detailed explanation of the purpose of the resolution. CAPP is requesting its member
cities to pass the proposed resolution and forward it to representatives in the House and Senate as
an endorsement of CAPP’s legislative agenda and to specifically address changes that should be
made to the electric deregulation statute (Senate Bill 7).
RECOMMENDATION: Approve the proposed CAPP Resolution.
ACTION BY COUNCIL:
(paa)
Attachments: 1. Information Memorandum
2. Resolution
STAFF REPORT REGARDING THE RESOLUTION
ENDORSING CAPP’S 2005 LEGISLATIVE AGENDA
PURPOSE
The Town of Trophy Club is a member of Cities Aggregation Power Project, Inc.
(“CAPP”). The CAPP Board of Directors has voted to authorize certain legislative efforts on
behalf of its members during the 79th Texas Legislative Session. CAPP will capitalize on the
presence its members established in the last legislative session and during the recent Public
Utility Commission Sunset process to apprise legislators of CAPP Cities’ perspective on electric
issues and to recommend legislative action.
DISCUSSION
Together with the South Texas Aggregation Project (“STAP”), CAPP is one of the largest
electric aggregation groups in Texas. CAPP and STAP have more than 120 member cities,
representing 13,000 municipal accounts. Total electric consumption of the two groups is around
1.2 billion kWh annually. CAPP has served as a vehicle to increase cities’ ability to navigate the
newly deregulated market and bargain for the best rates and contract terms. CAPP members
enjoy the benefits of favorable contractual terms and a negotiated commodity rate that has
produced savings for its members for the past three years averaging 25 percent compared to what
members would have paid according to the Price to Beat rates.
As an active market participant, CAPP is in the unique position to identify problems that
have developed in the deregulated marketplace. In order to ensure that the Texas retail electric
market is a truly competitive market with low prices throughout Texas, CAPP has created a
legislative agenda that aims to encourage competition by limiting market power, eliminating cost
shifting, and creating competitive options for all customers.
Several changes should be made to the deregulation statute (S.B. 7) to better protect
cities’ budgets, enhance cities’ ability to protect their citizens, and increase competition among
retail providers. The following changes are proposed by the CAPP Board:
• To require that ERCOT function as one zone or institute limits upon the
ownership and control of generation within functional markets (ERCOT zones)
and require further Commission action to mitigate market control. This change
will address market power concerns and promote greater competition.
• To authorize “Opt-Out” Aggregation Projects that will permit cities and towns
with populations less than 40,000 to aggregate the load of all of their residents
that have not specifically asked to be excluded from the aggregation project.
Currently, the statute permits citizen aggregation projects, but requires all
customers to affirmatively "opt-in" to the aggregation group. This has created a
significant disincentive to create citizen aggregation projects. Changing citizen
aggregation from opt-in to opt-out will enhance the opportunities for rural
residential customers to benefit from deregulation and benefit the entire state by
increasing competition. Changing citizen aggregation from opt-in to opt-out is
supported by the Public Utility Commission’s 2005 Scope of Competition Report
Commissioners. A former PUC commissioner has committed to testifying in
support of opt-out citizen aggregation and some competitive retail electric
providers have also indicated their support.
• To tie escalation of electric franchise fee amounts to the Consumer Price Index. SB7
established a formula for determining the amount to be paid to cities for electric
franchise fees. The formula used information from 1998, but did not contemplate
any increases to keep up with inflation. Allowing municipalities to annually adjust
franchise fee amounts by one-half of the annual change to the consumer price index
provides some protection to municipalities' revenue and budgets. The same
provision advocated here is already in law for telecommunications franchise fees.
• To oppose any cost allocation system of nodal pricing costs that would directly
assign congestion costs in a manner that will create winners and losers among
geographic areas of Texas and harm economic development. The Public Utility
Commission is currently considering the efficiencies associated with moving to a
nodal market design in ERCOT. While CAPP and STAP question whether
ERCOT is capable of handling such a massive change, a cost allocation system
that directly assigns congestion costs rather than spreading the costs across the
ERCOT service area will increase electric costs for customers in several regions
of the state and hurt economic development in Texas.
The CAPP Board, made up exclusively of City representatives, requests that the Town
Council pass the attached resolution endorsing CAPP’s legislative agenda.
RECOMMENDATION
The staff of the Town of Trophy Club recommends that the Town Council adopt the
attached resolution.
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005-___
A RESOLUTION OF THE TOWN OF TROPHY CLUB TEXAS,
ENDORSING CERTAIN LEGISLATIVE CHANGES TO S.B.7
SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC.
“CAPP”; PROVIDING THAT A COPY OF THIS RESOLUTION BE
SENT TO ELECTED LAWMAKERS IN THE LEGISLATURE WHO
REPRESENT THE TOWNS INTERESTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (Town) has historically been active
in the process of regulation of electric utilities; and
WHEREAS, the Town is a member of Cities Aggregation Power Project, Inc.
(CAPP) and, as such, made a decision to join with more than 78 other cities to switch its
municipal electric accounts from its incumbent provider to a retail electric provider; and
WHEREAS, CAPP's experience with the deregulated market and contracts with
several different retail electric providers has indicated that the Texas electric retail market
has failed to develop into a truly competitive market as envisioned by Senate Bill 7 (SB7) in
part because congestion zones within the ERCOT market have allowed certain market
players to control enough generation capacity within a given zone to exercise market power
to the detriment of customers and non-affiliated retail electric providers; and
WHEREAS, retail electric price competition has not successfully reached
residential customers in Texas communities with populations less than 40,000; and
WHEREAS, the formula established by SB7 to determine the amount to be paid to
cities for electric franchise fees is based upon information from 1998 and fails to account
for any increases to keep up with inflation, impacting municipalities' revenue and budgets;
and
WHEREAS, the Public Utility Commission of Texas is considering implementing a
nodal market design in ERCOT that would, as currently contemplated, directly assign
congestion costs in a manner that will create winners and losers among geographic areas of
the state and harm economic development in areas receiving congestion cost surcharges;
and
WHEREAS, the Town endorses efforts proposed by CAPP to modify the electric
deregulation legislation to improve competition, implement the original intent of S.B. 7 and
reduce costs to the Town and its residents.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. That the following legislative reforms endorsed by CAPP to limit market
power, prevent cost shifting between geographic areas of the state, create effective citizen
aggregation and permit annual adjustments to municipal franchise fees be supported by
the Town:
• Require that ERCOT function as one zone or limit the ownership and control of
generation within functional markets (ERCOT zones) and require further
Commission action to mitigate market control.
• Authorize citizen aggregation projects that will permit cities and towns with
populations less than 40,000 to aggregate the load of all of their residents that
have not specifically asked to be excluded from the aggregation project.
Changing citizen aggregation from “opt-in” to “opt-out” will enhance the
opportunities for rural residential customers to benefit from deregulation and
benefit the entire state by increasing competition.
• Tie escalation of electric franchise fee amounts to the Consumer Price Index by
permitting municipalities to annually adjust franchise fee amounts by one-half of the
annual change to the consumer price index, mirroring a provision already in law for
telecommunications franchise fees.
• Oppose any cost allocation system of nodal pricing costs that would directly
assign congestion costs in a manner that is detrimental to economic
development. CAPP and STAP question whether ERCOT is capable of
handling the massive operational change that creating a nodal market would
require and whether the projected benefits are worth the approximately $500
million up-front costs to implement. However, if nodal pricing is instituted then
congestion costs should be spread to the entire ERCOT service area rather than
increasing electric costs for customers in certain regions of Texas.
Section 2. That a copy of the resolution shall be sent to the elected lawmakers
representing the Town’s interests in the Texas House and Senate and to the Chairman and
legal counsel of CAPP.
Section 3. That this Resolution shall take effect from and after its date of passage in
accordance with the law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas
on this 7th day of February, 2005.
________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
____________________________
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________
Town Attorney,
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.D.2
Consent Agenda: Discuss and take appropriate action regarding Minutes dated
January 17, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dc)
Attachments: 1. Minutes dated January 17, 2005
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 17, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January 17,
2005. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
TOWN COUNCIL MEMBERS ABSENT:
Scott Smith Mayor Pro Tem
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Diane Cockrell Town Secretary
Roger Unger Finance Director
Randy Briggs Director of Police & Fire Services
Beth Ann Gregory I/S Manager
Patricia Adams Town Attorney
A.1 Call to order and announce a quorum.
Mayor Smith called the Regular Session to order at 7:02 p.m. noting a quorum was present.
A.2 Invocation.
Roger Unger gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Scout Freddie Main and Scout Eric Fogle led the pledges.
A.4 Recognize the "2004 Trophy Club Citizen of the Year" and present a Certificate of
Recognition to the recipient.
The nominees were: Tanya Butzloff, Bob Downey, Becky Fluty, Danny Thomas, Barb Tweedie
Mayor Smith introduced Bob Downey as the “2004 Trophy Club Citizen of the Year” and recognized the
other nominees.
A.5 Citizen presentations: this is an opportunity for citizens to address the Council on any
matter whether or not it is posted on the agenda. The Council is not permitted to take
action on or discuss any presentations made to the Council at this time concerning an item
not listed on the agenda. The Council will hear presentations on specific agenda items prior
to the Council addressing those items.
Pete Reincke of 3 Colonial Court addressed the Council.
A.6 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the expression
of opinions, questions and answers, or discussion among staff and Council. Discussion is
limited to whether Council desires to have a topic placed on a future agenda for future
consideration.
Council and Staff updates were given.
B.1 Discuss and take appropriate action to transfer Storm water drainage fees in excess of
storm water related expenses in Fiscal 2003/2004 and future years to GASB 34 long term
street maintenance funds for use on capital storm water repairs and street repairs
containing costs related to storm water collection and dispersion
Council Member Williams moved to allocate the funds left in the GASB account to be earmarked for
direct costs and not for personnel costs. Council Member Edstrom seconded; motion carried unanimously.
.
B.2 Discuss and take appropriate action to authorize payment to Southwestern Bell for line
relocation along the Indian Creek reconstruction route out of street bond funds.
Council Member Edstrom moved to authorize a check to be written for not more than $21,000 for the
reconstruction route of Southwestern Bell lines from the street bond funds. Council Member Cates
seconded; motion carried unanimously.
B.3 Discuss and take appropriate action to expend Court Technology Funds in the amount of
$6,250 to purchase new Court Software.
Council Member Edstrom moved to approve. Council Member Williams seconded; motion carried
unanimously.
D.1 Consent agenda: Discuss and take appropriate action regarding a resolution approving an
Interlocal Agreement for fire protection, fire rescue and emergency medical services with
Tarrant County Emergency Services District No. One.
Council Member Williams moved to approve. Council Member Edstrom seconded; motion carried
unanimously.
D.2 Consent Agenda: Discuss and take appropriate action regarding Minutes dated January 3,
2005.
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
F.1 Adjourn.
Council Member Edstrom moved to adjourn at 7:41 p.m. Council Member Foley seconded; motion
carried unanimously.
_____________________________________
Mayor, Town of Trophy Club
______________________________________
Town Secretary, Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.D.4
Additional Information for Council.
EXPLANATION:
Additional Information for the Council
RECOMMENDATION:
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Charter Cable January 2005 Report
2. Thank you note from Virginia Gordon of 22 Salida
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071
(a) and (b) "Consultation with Attorney", the Council will enter into executive
session to discuss the following:
(A) Consultation with Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act
(551.071 (b)).
(1) Legal Advice Relative to proposed Sign Ordinance
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.F.1
Discuss and take appropriate action regarding an ordinance repealing Town
Ordinance No. 2004-02 P&Z, and adopting new provisions relating to sign
regulations.
EXPLANATION:
The Planning & Zoning Commission has reviewed the proposed revisions to the sign ordinance.
The majority of the changes were presented to the Commission at their meeting in January. The
general consensus of the Commission was approval, however they tabled final action until
additional language could be provided relating to off-premise signage. The Commission will be
reviewing the off-premise language Thursday, February 3, 2005. Due to the timetable for the
Council packets, I will provide the Council with and email updating you on the final action of the
P&Z Commission.
Included in your backup are two versions of the revised ordinance. The first version was the
initial draft presented to the Commission on January 26th. The second revision is a clean copy of
the first draft with the changes accepted, and also includes the additional off-premise language
requested by the Commission.
The main areas of revision include:
Section 2 – Definitions restructured
Section 3 – Content is the same – section was moved in its entirety from previous Section 10
Section 4 – Content is the same – section moved from previous Section 3 and combined with
previous Section 7
Section 5 – No change to content – Section changed from 4 to 5
Section 6 – New Section – includes criteria for all temporary signage, i.e. political, real estate,
banner, etc.
Section 7 – Majority of content is the same as previous Section 8
Section 8 – Majority of content is the same as previous Section 9
Section 9 – Majority of content is the same as previous Section 11
Section 10 – Minor additions added to “Nonconforming Uses”
Section 11 – Content is the same as previous Section 13
Section 12 - New Section added “Maintenance of Signs”
Section 13 - New Section added “Violations”
Section 14 – New Section added “Enforcement”
Section 15 – New Section added “Enforcement Remedies”
Section 16 – Additional provisions added to “Prohibition”; moved from previous Section 14
Section 17 – Content same as previous Section 15
ACTION BY COUNCIL:
(kcf)
Attachments: 1. Information Memorandum
2. Ordinance
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-025-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2002-384-02 P&Z, ESTABLISHING SIGN
REGULATIONS, AND ADOPTING NEW PROVISIONS FOR SIGN
REGULATIONS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING CRITERIA REALTING TO
PERMIT REQUIREMENTS; PROVIDING GENERAL STANDARDS
RELATING TO THE HEIGHT OF SIGNS, APPLICABLE BUILDING AND
ELECTRICAL CODES, ILLUMINATED SIGNS, AND PROVISIONS FOR
ALL ZONING DISTRICTS AND REQUIREMENTS TO REPAIR;
PROVIDING FOR TRAFFIC SAFETY; PROVIDING REQUIREMENTS FOR
TEMPORARY SIGNSFOR POLITICAL SIGNS; PROVIDING FOR
COMMERCIAL AND INSTITUTIONAL SIGNSDEVELOPER/BUILDER
AND REAL ESTATE SIGNS; ESTABLISHING PROVISIONS PERMISSIBLE
SIGNS NOT REQUIRING PERMITS; FOR ALL AREAS AND ZONING
DISTRICTS; PROVIDING FOR COMMERCIAL SIGNS; PROVIDING
SIGNAGE CRITERIA; PROVIDING FOR PERMISSIBLE SIGNS NOT
REQUIRING PERMITS; PROVIDING PERMIT REQUIREMENTS;
PROVIDING FOR TEMPORARY PERMITS; PROVIDING FOR
NONCONFORMING USES; PROVIDING FOR MERITORIOUS
EXCEPTIONS AND APPEALS; PROVIDING FOR MAINTENANCE OF
SIGNS; PROVIDING CRITERIA PERTAINING TO VIOLATIONS;
ESTABLISHING PROVISIONS FOR ENFORCEMENT; PRESCRIBING
EBFORCEMENT REMEDIES; PROHIBITION OF SIGNS NOT
SPECIFICALLY AUTHORIZED; PROVIDING GRAFFITI REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of Local Government Code; and
WHEREAS, on November January 1819, 20022004, the Town Council adopted
Ordinance No.20022004-38 02 P&Z, establishing “Sign Regulations” for the Town of Trophy
Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2004-02 P&Z;
and
WHEREAS, the Town Council finds that the orderly and uniform regulation of signs is a
significant factor in guiding the attractive and aesthetic development of properties in accordance
with the Comprehensive Land Use Plan and thereby avoiding detrimental impacts of signs on the
appearance of the Town; and
WHEREAS, the Town Council further finds that the regulations adopted herein allow
for a reasonable use of signs by businesses, residences and other properties for advertisement,
dissemination of protected speech and other purposes; and
WHEREAS, House Bill No. 212, an Act of the 78th Regular Session of the Texas
Legislature, proposed to amend the Texas Local Government Code, Chapter 216 by adding
Section 216.903, affecting a municipality’s authority to regulate political signs on private real
property; and
WHEREAS, on March 18, 2003, House Bill No. 212 was passed by the Texas Senate,
with amendments, by a viva-voce vote; and
WHEREAS, Senate Bill No. 656, an Act of the 78th Regular Session of the Texas
Legislature, proposed to amend Section 216.003 of the Texas Local Government Code, by
adding Subsections (b), (e) and (f) relating to the removal of certain on-premise signs in a
municipality; and
WHEREAS, on May 16, 2003, Senate Bill No. 656 was passed by the Texas House of
Representatives, with amendment, by a non-record vote; and
WHEREAS, as a result of the changes to state law enacted through the passage of
HB 212 and SB 656, the Town of Trophy Club must amend its sign ordinance to comply
with the new laws; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized,
empowered, and required to adopt the Acts; and
WHEREAS, the Town Council finds that the regulations adopted herein are in the
best interest of the health, safety, and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
DEFINITIONS
A. Unless otherwise provided for herein, the following terms shall have the respective
meanings ascribed to them. Graphical representation of signs may be provided on
Attachment “A”:
AWNING: A roof-like structure, usually made of canvas that serves as a shelter, as over a
storefront, window, door or deck. Also, an architectural projection that provides weather
protection, identity or decoration, and is supported by the building to which it is attached.
DESIGNATED OFFICIAL: The Town Manager or his or her designee.
DILAPIDATED OR DETERIORATED CONDITION: Any sign, which in the reasonable
discretion of the Designated Official, has any one or more of the following characteristics:
1. Where elements of the surface or background can be seen, as viewed from the
right-of-way, to have portions of the finished material or paint flaked, broken off,
or missing, or otherwise not in harmony with the rest of the surface; or
2. Where the structural support or frame members are visibly bent, broken, dented,
or torn; or
3. Where the panel is visibly cracked, or in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition; or
4. Where the sign or its elements are twisted or leaning or at angles other than those
at which it was originally erected (such as may result from being blown or by the
failure of a structural support); or
5. Where the message or wording can no longer be clearly read by a person with
normal eyesight under normal viewing conditions
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.
MINOR: A person under 18 years of age who is not and has not been married or who has not
had his disabilities of minority removed for general purposes.
OWNER: Any person with the legal or equitable right of possession to any property.
PARENT: The mother, a man presumed to be the biological father or a man who has been
adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother
or father, but does not include a parent as to whom the parent-child relationship has been
terminated.
PREMISES: Land, and including the building upon it; a building or a part of a building.
PRIVATE REAL PROPERTY: land, including land containing structures or other
improvements, which is owned by one or more persons, a private institution or organization, a
private company or companies or other privately owned businesses. Private real property does
not include real property subject to an easement or other encumbrance that allows a municipality
to use the property for a public purpose.
PROPERTY: Any tangible personal or real property.
PROGRAMMED ELECTRONIC DISPLAY: Any display in which lamps are used to give
information such as, but not limited to, time, temperature, stock market data and which may or
may not be electronically programmed to deliver different messages.
RACEWAY: A rectangular tube used for the purpose of enclosing electrical components such
as wiring, transformers, etc.
RIGHT-OF-WAY: A strip of land used or intended to be used, wholly or in part, as a public
street, alley, crosswalk, sidewalk, drainage way or other public way.
SIGN: Any device or surface on which letters, illustrations, designs, figures or symbols are
painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for
advertising purposes; temporary mobile signs and private directional signs shall be considered
signs for purposes of this Ordinance, regardless of the content of the message or wording
thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried
signs, and vending machine signs shall not be considered signs for purposes of this Ordinance.
Signs include but are not limited to the following:
SIGN PERMIT: A permit issued under the authority of the Town to erect, move,
structurally alter or structurally repair any specific billboard, sign or other outdoor
advertising, within the corporate limits of the Town.
SIGN STRUCTURE: Any portion of an advertising device inclusive of its supports, or
any device solely designed for carrying an advertising message.
A-FRAME/SANDWICH BOARD SIGN: A self supporting “A” shaped sign with two
visible sides that is situated on or adjacent to a sidewalk.
SIGN, APARTMENT SIGN: A sign identifying an apartment building or complex of
apartment buildings.
SIGN, AWNING SIGN: An awning displaying a business name or logo.
SIGN, 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.
SIGN, BANNER SIGN: Any advertising device composed primarily of cloth, paper,
fabric, or other similar non-rigid material, supported by wire, rope, or similar means.
National and state flags and banners not used for commercial purposes, when located
wholly on private property, shall not be considered as signs for the purposes of this
Ordinance.
SIGN, BILLBOARD SIGN: Any flat surface erected on a framework or on any
structure, or attached to posts and used for, or designed to be used for the display of bills,
posters or other advertising material, for the purpose of advertising a business or activity
not located on the same premises as the said advertising material. Mobile advertising,
hand-carried signs, and political signs shall not be considered a billboard for purposes of
this Ordinance.
SIGN, BUILDER SIGN: A temporary on-site sign identifying the builder or general
contractor of a residential construction site.
SIGN, BULLETIN BOARD SIGN: A permanent on-site sign providing public
information to the residential subdivision within which it is located.
SIGN, BUSINESS SIGN: A permanent on-site sign that is used to identify a business,
profession, apartment complex, organization, institution, service, activity or other
nonresidential use conducted, sold or offered on the site where such sign is located. This
sign may also identify the name of the site or development or may identify the occupants
within the site or development.
SIGN, CANOPY SIGN: A canopy sign is a sign painted or affixed to a roof-like
structure that shelters a use such as, but not restricted to, a gasoline pump island, and is
supported by either one or more columns or by the building to which it is accessory and
is open on two or more sides.
SIGN, CONSTRUCTION SIGN: A temporary sign identifying the property Owner,
architect, contractor, subcontractor, engineer, landscape architect, decorator or mortgagee
engaged in the design, construction or improvement of the premises on which the sign is
located.
SIGN, DEVELOPMENT SIGN: A temporary, on-site promotional sign pertaining to
the development of land or construction of buildings on the site where the sign is erected.
In residential districts, the intent of the sign shall be to promote a subdivision and not any
particular builder.
SIGN, DIRECTIONAL SIGN: A permanent on-site sign intended to aid in vehicular
movement on the site.
SIGN, DIRECTIONAL (TEMPORARY REAL ESTATE) SIGN: Off-site “Open-
House” and directional signs intended to direct persons to premises offered for lease or
sale.
SIGN, DIRECTORY SIGN: A sign listing the occupants within a shopping center,
retail district, office districts, and commercial sites located on the same premises.
SIGN, ELECTRONIC DISPLAY SIGN: Refer to “Programmed Electronic Display”.
SIGN, FENCE SIGN: A sign that is affixed or attached to a fence, whether permanent
or temporary.
SIGN, 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 Ordinance.
SIGN, GOVERNMENT SIGN: Signs required by governmental bodies or specifically
authorized for a public purpose by any law, statute, or ordinance. Such public signs may
be of any type, number, area, height, location, or illumination as required by law, statute,
or ordinance. Said signs may also include traffic or similar regulatory devices, legal
notices, warnings at railroad crossings, and other instructional, informative, or regulatory
signs having to do with the general welfare, health, and safety of the community.
SIGN, GROUND SIGN: Any sign connected to the ground by legs, poles, or other
supports and which is not an attached, portable, monument, or vehicular sign.
SIGN, ILLEGAL NON CONFORMING SIGN: A sign which was in violation of any
of the ordinances of the Town of Trophy Club governing the erection or construction of
such a sign at the time of its erection, and which has never been erected or displayed in
conformance with all duly enacted ordinances, including but not limited to, signs which
are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility
poles, trees, fences or other structures.
SIGN, ILLUMINATED SIGN: A sign that has characters, letters, figures, designs or
outlines illuminated by electrical lights, luminous tubes or other means.
SIGN, INFLATABLE SIGN: A hollow sign expanded or enlarged by the use of air or
gas.
SIGN, INSTITUTIONAL SIGN: A permanent on-site sign used to identify
governmental and municipal agencies, public/private schools, churches, or similar public
institutions, and used to communicate messages of public importance to the general
public.
SIGN, LEGAL NON CONFORMING SIGN: A sign which was lawfully erected and
maintained prior to the enactment of the Sign Ordinance and any amendments thereto,
and which does not conform to current applicable regulations and restrictions of the Sign
Ordinance.
SIGN, MODEL HOME 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.
SIGN, 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 any masonry material.
SIGN, 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.
SIGN, OBSOLETE SIGN: An on premise sign or sign structure that previously was a
legal sign, or a legal, non-conforming sign; however, it remains on the property after the
first anniversary of the date the business, person or activity that the sign or sign structure
identifies or advertises, ceases to operate on the premises on which the sign or sign
structure is located.
SIGN, OBSOLETE LEASES PREMISES SIGN: An on-premise sign or sign structure
that previously was a legal sign, or a legal, non-conforming sign; however, it remains on
leased property after the second anniversary of the date the tenant ceases to operate on
the premises.
SIGN, OFF-SITE SIGN: A sign which directs attention to goods, a business,
commodity, service, product, or entertainment location other than the site upon which
such sign is located or to which it is affixed.
SIGN, ON-SITE SIGN: Any sign, the content of which relates to the site on which it is
located, referring exclusively to businesses, commodities, services, products, goods, or
entertainment on the site, or the sale, lease, or construction of those sites.
SIGN, PERMANENT POLE (PERMANENT) SIGN: Any free standing, permanent,
on-premise sign supported from the ground up by upright structural members.
SIGN, POLE (or SIGN, PYLON) SIGN: Any free standing, on-premise sign supported
from the ground by upright structural members.
SIGN, POLE (TEMPORARY): A free standing, on-premise sign displayed for a
temporary period of time as provided in this Ordinance and supported from the ground up
by upright structural members.
SIGN, POLITICAL SIGN: A sign that promotes a political issue or a candidate or
candidates for public office. Also, a sign of any political party, group, or idea that
contains primarily a political message.
SIGN, 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.
SIGN, 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.
SIGN, PROTECTIVE SIGN: A sign that communicates a warning.
SIGN, SERVICE CONTRACTOR SIGN: A temporary sign identifying the
contractor(s) responsible for work currently occurring on a premises.
SIGN, REAL ESTATE SIGN: A temporary or permanent sign supported by upright
structural members and which pertain to the sale or lease of the lot or tract of land on
which the sign is located, or to the sale or lease of one or more structures, or a portion
thereof located thereon.
SIGN, RIDER SIGN: A supplemental sign attached to real estate sign that provides
limited but additional information pertaining to the premises on which the real estate is
placed.
SIGN, 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.
SIGN, STRUCTURALLY ALTER SIGN: To change the form, shape or size of an
existing sign or any supportive or bracing elements of said sign excluding temporary
embellishments on a changeable copy sign.
SIGN, STRUCTURALLY REPAIR SIGN: The reconstruction or renewal of any part
of the supportive or bracing elements of an existing sign.
SIGN, SPECIAL PURPOSE SIGN: A temporary sign that is either on-site or off-site
that provides identification or information pertaining to a special event or occurrence
sponsored by a non-profit or civic organization.
TEMPORARY POLE SIGN: A free standing, on-premise sign displayed for a
temporary period of time as provided in this Ordinance and supported from the ground up
by upright structural members.
SIGN, 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.
SIGN, VEHICULAR SIGN: Any sign, not including bumper stickers, on or in a vehicle
moving along the ground or on any vehicle parked temporarily, incidental to its principal
use for transportation. This definition shall not include signs which are being transported
to a site of permanent erection or lettering of company vehicle that advertises only the
company name and address, or temporary signs (with an area of less than 3 square feet)
attached to vehicles which may be removed daily.
SIGN, VENDING MACHINE: Advertising material affixed to a coin-operated vending
device, which advertising pertains only to the goods or services sold or dispensed by the
vending device to which it is attached.
SIGN, WALL SIGN,: A sign attached or affixed parallel or flat to an exterior wall
surface of a building.
SIGN, WINDOW SIGN: A sign painted on or permanently affixed to a window or
window area or any sign located on the internal and/or external surface of the window, or
is located within two inches (2”) of the window, of any establishment.
SIGN PERMIT: A permit issued under the authority of the Town to erect, move, structurally
alter or structurally repair any specific billboard, sign or other outdoor advertising, within the
corporate limits of the Town.
SIGN STRUCTURE: Any portion of an advertising device inclusive of its supports, or any
device solely designed for carrying an advertising message
SECTION 3.
PERMIT REQUIREMENTS
A. Except as provided herein, no permanent sign shall be erected, placed, displayed or
located without first obtaining a sign permit from the Town.
1. Application for Permit: Application for a permit for a permanent sign shall be
made in writing upon forms furnished by the official so designated to do so by the
Town Manager.
The application for a sign permit shall contain the following information:
a. Applicant’s name, address and telephone number.
b. Name, address and telephone number of the Owner of the property on
which the sign is to be located.
c. Name, address and telephone number of the lessee the sign is to benefit, if
applicable.
d. Name, address and telephone number of the person erecting the sign.
e. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
g. Scaled site plan showing:
(1) The location of the building, structure or tract to which or upon
which the sign is to be attached or erected,
(2) The position of the sign in relation to nearby structures or other
signs, and
(3) Dimensions of setbacks, building lines, distances between the sign
and streets and property lines.
(4) Scaled drawings of the signs including height, width, area, design,
text and logo.
h. The designated official may require the filing of plans or other pertinent
information which, in the Official’s opinion, such information is necessary
to ensure compliance with this Ordinance.
2. Termination of Permit: A sign permit may be terminated in accordance with the
following provisions:
a. A permit shall be active for the life of the Sign, as long as it is in
compliance with this Ordinance.
b. A permit shall expire if the sign for which it has been issued has not been
constructed within ninety (90) days from the date of issuance.
c. A permit issued for any sign including its supporting structure shall
automatically expire in the event the sign shall fail inspection and such
failure is not corrected within sixty (60) days.
d. The designated official may suspend or revoke any permit whenever it is
determined that the permit has been issued in error or on the basis of
incorrect or false information supplied, or whenever such permit was
issued in violation of the Sign Ordinance, any other ordinance of the
Town, the laws of the State of Texas or the federal government. Such
revocation shall be effective when communicated in writing to the person
to whom the permit is issued or the Owner of the sign or the Owner of the
premises on which the sign is located. Any sign for which a permit has
been revoked shall be immediately removed by the person in control of the
sign or premises upon which the sign is located within fifteen (15)
business days of the receipt of the written notice of revocation.
e. Any person may appeal the revocation of the sign permit to the Town
Council upon recommendation of the Planning & Zoning Commission by
filing with the building official written notice of the intention to appeal
within ten (10) business days after the receipt of written notice of the
revocation. The decision of the Town Council shall be final.
3. Permit Fees: A sign permit fee shall be paid to the Town in accordance with the
most current fee schedule adopted by the Town.
SECTION 34.
GENERAL STANDARDS
A. Height of Signs: Sign height shall be measured as the vertical distance between the
highest part of the sign or its supporting structure, whichever is higher, and natural grade
at the center of the base of the sign.
B. Building and Electrical Codes Applicable: All signs must conform to the regulations and
design standards of the Building Code, UL standards and other ordinances of the Town.
Wiring of all electrical signs must conform to the current Electric Code of the Town.
C. Illuminated Signs: Signs with external lighting shall be down-lighted. The light source
shall be fully shielded such that it cannot be seen from the property line of the site on
which the sign is located. Although the light cast from the source may be visible at the
property line of an abutting residential property, any spillover light at the abutting
residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall
be permitted by meritorious exception as provided for in Section 13 – Meritorious
Exceptions & Appeals.
D. Requirement to Repair: Whenever a sign is damaged by wind, is inadequately
maintained, the construction is faulty, or it is damaged by any other cause, it shall be
considered a public nuisance and the Owner shall be required to repair such sign
substantially to its original condition as determined by the Designated Official, or at the
Owner’s election such sign shall be removed. A sign which has been permitted to remain
in place as a nonconforming use shall be removed when the sign, or a substantial part of
it, is blown down or otherwise destroyed or dismantled for any purpose other than
maintenance operations or for changing the letters, symbols or other material on the sign.
For purposes of this ordinance, a sign or a substantial part of it is considered to have been
destroyed only if the cost of repairing the sign is more than sixty percent (60%) of the
cost of erecting a new sign of the same type at the same location.
D. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs: Nothing in this ordinance shall be construed to prevent the
display of a national or state flag, or to limit flags, insignias, legal notices, or
informational, directional or traffic signs which are legally required or necessary
to the essential functions of government agencies. Stop signs and street signs
placed within the Town shall conform to the design specified in the Town’s
Subdivision Regulations.
2. Addresses: Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and
size of the sign do not exceed the requirements of such law, order, rule or
regulation.
3. The occupant of a premises may erect not more than two (2) protective signs in
accordance with the following provisions:
a. Each sign must not exceed one (1) square foot in effective area;
b. Detached signs must not exceed two (2) feet in height; and
c. Letters must not exceed four (4) inches in height.
4. Temporary holiday decorations are permitted.
5. Vehicular signs are prohibited except as specifically allowed by this Ordinance;
except vehicular signs shall be allowed on construction trailers, on construction
sites and signs on transport vehicles being loaded or unloaded and passenger
vehicles parked at the Owner’s or user’s place of residence or business.
SECTION 45.
TRAFFIC SAFETY
A. Conflicts with Public Signs: No sign shall be erected or maintained at any location where
by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere
with the view of, or be confused with any traffic control sign, signal or device, or where it
may interfere with, mislead or confuse traffic.
B. Sight Visibility Restriction: No sign shall be located in any vision triangle as identified in
the Town’s Subdivision Regulations.
SECTION 65.
POLITICAL TEMPORARY SIGNS
A. Temporary Signs: Except as specifically provided herein, the following regulations apply
to all temporary signs:
1. Duration: All temporary signs may be erected or maintained in any location for a
maximum period of sixty (60) days before the signs must be replaced or removed.
Temporary signs shall be kept in repair and proper state of preservation.
Temporary signs advertising an event, function or activity shall be removed
within three (3) days following the date of the event, function or activity.
2. Right-of-Way: No temporary sign may be erected or placed in the median of any
public right-of-way. However, temporary signs may be placed in the Town’s
right-of-way between the curb and property line provided they do not create a
safety hazard of any type, including but not limited to impaired visibility.
3. Safety Hazard Prohibited: Temporary signs shall not be installed in any manner that
may result in a potential safety hazard of any type.
4. Town Owned Property: Temporary signs shall not be placed on any Town owned
property, including but not limited to Town parks, fire stations, police stations,
libraries, or buildings located on property owned, leased, utilized, or controlled by
the Town unless prior written permission is obtained from the Town.
5. Removal: Except as specifically provided herein, any temporary sign placed,
erected, or maintained in violation of this Ordinance may be removed by the
Designated Official without notice.
A.B. Political Signs:Placement; Removal, Appeal from Notice to Remove: Except as
provided for herein, no political sign may be erected or placed in the median of
any public right-of-way. Any political signs so erected or placed may be removed
by the Designated Official without notice.
1. No political sign may be erected or placed on private real property,
including but not limited to vacant lots or tracts, unless the property Owner has
given written permission and such documentation is provided to the Designated
Official upon the Official’s request. Political signs may be erected or placed on
any private lot or property (or on any trailer or vehicle as specifically described in
this Section paragraph D of this Section 5)6, and in accordance with the
regulations governing temporary signs. no earlier than seven (7) days in advance
of the date of the election and must be removed within three (3) days following
the date of the election.
2. In the event that the number of political signs upon a lot or property
exceeds the total number permitted by this Ordinance, the all such signs in excess
of the number permitted shall be deemed to be in violation of this Ordinance. The
Designated Official shall notify the property Owner on which the political signs
are located of the violation; the property Owner must then remove the signs in
excess of the permitted amount within twenty-four (24) hours following the time
of such notification.
B.3. Number, and Size and Placement: A political sign shall not exceed thirty-six (36)
square feet in area nor exceed eight feet (8’) in height, as measured from the
ground. A political sign may not be illuminated or have any moving elements.
No more than one (1) of such signs for each political candidate or issue on the
election ballot shall be erected on any zoning lot or other parcel of land. The
front and back surface of a political sign shall constitute one sign. For signs with
three or more surfaces, each surface shall constitute a separate sign. For signs
located on non-residential or unplatted property, the minimum distance between
identical signs shall be twenty-five feet (25’).
C. 4. Removal Period; Procedure in Event of Non-Removal: All political signs
shall be removed within a period not to exceed three (3) days after the date of the
election for which the sign was placed. Failure to remove such signs within the
three (3) day period shall give the Designated Official the authority to remove
such signs.
D. 5. Vehicle Mounted Political Signs: A political sign which is mounted or
placed on any trailer or vehicle and which is not permanently affixed to the trailer
or vehicle is permitted. A vehicle with such a sign may be parked on a public
street in accordance with the Town’s parking regulations. For purposes of this
paragraph (D) Section 5, a political sign is not required to be supported by the
ground.
6. Zoning Districts: Political signs shall be allowed in all zoning districts of the
Town.
7. Exemptions: Political signs shall not require a sign permit, and except as
regulated by this Section, are exempt from the remainder of the regulations
contained in this Ordinance.
C. Banner Signs:
1. Number, Placement and Duration: One banner sign per premise or lease space
shall be allowed no more than two (2) times annually for thirty (30) consecutive
days each.
2. Duration: Banner signs shall be permitted for no more than thirty (30) days.
3. Zoning Districts: Banner signs shall be allowed in all non-residential zoning
districts:
4. Consecutive Display Prohibited: At least ninety (90) days must lapse between the
end of the first period of display and the beginning of the second period of
display.
D. Real Estate Signs: Real Estate Signs are authorized to be erected, in addition to
permanent signage, in accordance with the following provisions:
SECTION 6.
DEVELOPER / BUILDER & REAL ESTATE SIGNS
A. Real estate signs are authorized to be erected, in addition to permanent signage, in
accordance with the following provisions:
1. Real Estate Signs Include:
a. Real estate advertising signs that advertise a builder, developer, Owner,
realtor or model home by showing a name, address, and/or telephone
number for the purpose of selling, leasing or renting a particular property
on which the sign is placed;
b. “Open House” signs indicating that a house on the lot which the sign is
placed is available for viewing by the public; and
c. Temporary directional signs showing arrows or other means of property
location and direction.
d. Riders may be attached to real estate signs.
2. Real Estate Sign Regulations:Number, Size and Location:
a. Signs shall contain no more than two (2) sides and shall be limited to six
(6) square feet of text area on each side, including any riders. Signs larger
than six (6) square feet of text area shall be considered as being
commercial signs and shall be subject to Section 8 – Commercial &
Institutional Signs of this Ordinance.
b. Signs shall be temporary and will be removed upon sale, lease or rental of
property.
c. The maximum height of such signs shall not exceed four (4) feet, as
measured from the ground.
d. Real estate signs as categorized in Section 6(AD)1 – Developer / Builder
& Real Estates SignsTemporary Signs, Real Estates Signs Include, on all
lots other than golf course lots shall be limited to one advertising sign and
one “open house” or directional sign [during the hours permitted by
Section 6(AD)(2) – Developer / Builder & Real Estates SignTemporary
Signs, Real Estate Sign RegulationsNumber, Size and Location, hereof]
per lot. On lots adjoining a golf course, one additional real estate
advertising sign may be placed to face the golf course.
e. A maximum of six (6) directional signs may be placed off-site for each
premises (whether one or more lots or tracts) offered for sale or lease.
Spacing between each sign shall be a minimum of four hundred feet (400’)
along the following streets: Trophy Club Drive, Indian Creek Drive,
Village Trail, Durango Drive and Trophy Wood Drive.
Prior to such placement, any person or entity placing such a sign shall
have received authorization or approval for such placement from the
Owner of, or other person having custody or control over, the property
upon which such sign is placed. No real estate sign may at any time be
located in or upon any public street or easement or other public right-of-
way.
f. No real estate sign may be erected or placed in the median of any public
right-of-way. Any real estate sign so erected or placed in any public
right-of-way may be removed by the Designated Official without notice.
g. “Open house” signs and directional signs located off-premises shall be
permitted only between noon on Friday through noon on Monday. “Open
house” or directional signs shall be placed no closer than three (3) feet
from the street, curb or edge of pavement. In the event that any such sign
is not in compliance, the Designated Official of the Town may remove the
sign. Signs shall not be permitted to be within any thoroughfare median in
the Town.
h. Signs shall be constructed of all weather durable material, painted
appropriately and maintained in good condition. Any sign that is dented,
faded or unclean shall be replaced. In the event such sign is not replaced,
the Town may remove the sign.
h.i. Unique signs that demonstrate increased quality and standards but do not
meet the dimension standards provided in this Section may be permitted
by means of “meritorious exception” as provided in Section 13 –
Meritorious Exception and Appeals.
i. Zoning Districts: Real Estate Signs shall be allowed in all zoning districts
of the Town.
SECTION 7.
PROVISIONS FOR ALL AREAS AND ZONING DISTRICTS
A. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs: Nothing in this ordinance shall be construed to prevent the
display of a national or state flag, or to limit flags, insignias, legal notices, or
informational, directional or traffic signs which are legally required or necessary
to the essential functions of government agencies. Stop signs and street signs
placed within the Town shall conform to the design specified in the Town’s
Subdivision Regulations.
2. Addresses: Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and
size of the sign do not exceed the requirements of such law, order, rule or
regulation.
3. The occupant of a premises may erect not more than two (2) protective signs in
accordance with the following provisions:
a. Each sign must not exceed one (1) square foot in effective area;
b. Detached signs must not exceed two (2) feet in height; and
c. Letters must not exceed four (4) inches in height.
4. Temporary holiday decorations are permitted.
5. Vehicular signs are prohibited; except vehicular signs shall be allowed on
construction trailers, on construction sites and signs on transport vehicles being
loaded or unloaded and passenger vehicles parked at the Owner’s or user’s place
of residence or business.
SECTION 8.
COMMERCIAL AND INSTITUTIONAL SIGNS
A. Commercial Signs and Institutional Signs shall be subject to the following
provisions:Signs used for the purpose of identification, advertisement and for marketing
of professions, services, or products shall be subject to the following provisions: (basic
types of commercial signs are as shown in Exhibit “B” attached hereto and incorporated
herein.) In addition, non-commercial signs used for the purpose of identification of
schools, churches, governmental establishments and similar charitable, religious,
educational or eleemosynary institutions shall also be subject to the following provisions:
1. On Premises Signs: Signs in areas zoned “CG – Commercial General”, “CR –
Commercial Recreation”, “GU – Governmental Use”, or located within a Planned
Development district or used for commercialfor Non-Residential purposes shall
be on-premises signs.
2. Maximum Gross Surface Area: The face of each sign shall not exceed the gross
surface area as outlined below.
3. The height of monument signs shall not exceed ten (10) feet from average ground
level.
4. No commercial sign shall be allowed which is painted on the wall of any building
or on any part of a building.
5. Signs owned, constructed and used by the Town to provide information, direction
and enforcement shall be exempt from these requirements.
6 Wall signs shall be centered horizontally on the store frontage for a tenant’s
space. The maximum copy height shall not exceed two (2) feet, six (6) inches.
The minimum copy height shall be one (1) foot, two (2) inches. The mounted
copy depth shall be five (5) inches. Wall signs shall not project more than twelve
inches from the wall surface.
7. Illuminated Signs:
a. Internally lit, individual aluminum channel letters shall have a 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.
Raconteur
B. Miscellaneous Sign Regulations: The following table entitled “Signage Criteria”
contains the regulations governing all other signage allowed by this Ordinance.
Sign Type Number Size & Height Duration Zoning District
A-Frame/Sandwich
Board Prohibited
Apartment 1 per entry 50 sq ft/ Life of Permit Residential
Awning Prohibited
Bandit Prohibited
Banner 1 per premise or lease
space no more than 2
times annually
36 sq ft. N/A 30 days Non-Residential
Billboard Along property which
abuts State Highway
114
To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
Non-Residential
Builder/Contractor 2 per premise 6 sq ft 4 ft Removed upon sale,
lease, rental
All Districts
Bulletin Board To be determined by the Town Council upon recommendation of the
Planning & Zoning Commission
Residential
Canopy 25 sq ft or 10% of the face of the canopy of
which it is a part of or to which it is attached,
whichever is greater
Life of Structure Non-Residential
Contractor Service No limit provided total
combined sq footage
does not exceed 6 sq ft
6 sq ft 4 ft Removed upon sale All Districts
Construction 1 per project/premise 32 sq ft 5 ft Completion of project All Districts
Development 1 per project/premise 32 sq ft 5 ft 90% of all lots/houses
sold
All Districts
Directional 6 sq ft 3 ft Life of Permit All Districts
Directional Temp Real
Estate
3 off-site for each
lot/premise
6 sq ft 4 ft Between hours of noon
Friday-noon Monday
Directory 1 per premise To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
Non-Residential
Fence Prohibited
Flashing Prohibited
Government Restricted
Ground 1 per entry/premise 16 sq ft 4 ft Life of Permit All Districts
Illuminated 1 per premise 50 sq ft Life of Permit Non-Residential
Inflatable 1 per premise To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
All Districts
Institutional 1 per entry/premise 50 sq ft 4 ft Life of Permit Non-Residential
Model Home 1 per Model Home 16 sq ft 4 ft Removed upon sale,
lease, rental
Residential Districts
Monument 1 per entry/premise 50 sq ft 10 ft Life of Permit All Districts
Nameplate 1 per lease space 2 sq ft 1 ft Life of Permit Non-Residential
Political 36 sq ft 8 ft 60 days
Portable Restricted
Programmed
Electronic Display
1 per premise 50 sq ft 4 ft
Projecting Prohibited
Protective 2 per premise 1 sq ft 2 ft Life of structure All Districts
Real Estate Restricted
Rider Restricted
Roof Prohibited
Temp Pole 1 per premise/lot 32 sq ft 5 ft 6 months All Districts
Wall Sign 1 per lease space 40 sq ft or the product
of 2 times the lineal
width of the wall,
whichever greater.
Shall not exceed 75%
of the width or the
height of the available
wall area or store
frontage for a tenant’s
space
Life of Permit Non-Residential
Window No limit provided total combined sq footage does
not exceed 25% of the visible window area
available in the absence of any signs
Life of Permit Non-Residential
Signage Criteria
Sign
Classification
Number of
Signs Permitted
Maximum
Gross
Surface Area
Time
Period
Programmed
Electronic Display
One (1) per premises Fifty (50) square feet Life of the permit
Sign, Awning Not permitted N/A N/A
Sign, Bandit Not permitted N/A N/A
Sign, Banner One (1) per premises or
lease space no more than
two (2) times annually as
approved by Planning &
Zoning Coordinator
Thirty-six (36) square
feet
Forty-five (45) days
Sign, Billboard One (1) sign along State
Highway 114 only
As approved by the
Town Council upon
recommendation from
the Planning &
Zoning Commission
by way of a special
use permit
To be determined by
the Town Council
upon
recommendation
from Planning &
Zoning Commission
Sign, Builder/
Contractor
Two (2) per premise Six (6) square feet Shall be removed
upon the sale, lease
or rental of the
property
Sign, Bulletin Board One (1) per subdivision As approved by the
Town Council upon
recommendation from
the Planning &
Zoning Commission
by way of a special
use permit
To be determined by
the Town Council
upon
recommendation
from Planning &
Zoning Commission
Sign, Construction One (1) per project Thirty-two (32) square
feet
Completion of the
project
Sign, Service
Contractor
No limit to the number
of contractor service
signs on a premises,
provided that the total
combined square footage
does not exceed the
gross maximum square
footage as permitted for
contractor service signs
by this ordinance
Six (6) square feet
total
Completion of the
project
Sign, Development One (1) per development Fifty (50) square feet Ninety percent
(90%) of all
lots/houses sold
Sign, Directional Permitted Six (6) square feet Life of the permit
Sign (Directional
Temporary Real
Estate)
Three (3) off-site for
each lot or premise
Six (6) square feet Between the hours
of noon Friday
through noon
Monday
Sign, Fence Not permitted N/A N/A
Sign, Flashing Not permitted N/A N/A
Sign, Government As required As required As required
Sign, Inflatable One (1) per premises As approved by the
Town Council upon
recommendation from
the Planning &
Zoning Commission
by way of a special
use permit
To be determined by
the Town Council
upon
recommendation
from Planning &
Zoning Commission
Sign, Model Home One (1) per each model
home
Sixteen (16) square
feet
Shall be removed
upon the sale, lease
or rental of the
property
Sign, Monument One (1) monument sign
per entry to a premise
Fifty (50) square feet
per sign
Life of the permit
Sign, Nameplate One (1) per lease space Two (2) square feet Life of the permit
Sign, Pole
Permanent
Not permitted N/A N/A
Sign, Pole
Temporary
One (1) per premise or
lot
Thirty-two (32) square
feet
Six (6) months
Sign, Political No more than one (1)
sign for each political
candidate or issue on the
election ballot shall be
erected on any zoning lot
or other parcel of land.
Non-Residential /
Unplatted Property:
Unlimited, provided the
minimum distance
between identical signs
is twenty five feet (25’)
Thirty-six (36) square
feet
Seven (7) days prior
to the election and
three (3) days
following the
conclusion of the
election
Sign, Portable One (1) per premise or
lot
Forty (40) square feet Thirty (30) days
Sign, Protective Two (2) per premises Refer to Section 7 (3)
(a) (b) (c)
Life of the structure
Sign, Projecting Not permitted N/A N/A
Sign, Real Estate Refer to Section 6 Refer to Section 6 Shall be removed
upon the sale, lease
or rental of the
property
Sign, Rider One (1) per sign Refer to Section 6 (2)
(a)
Shall be removed
upon the sale, lease
or rental of the
property
Sign, Roof Not permitted N/A N/A
Sign, Window No limit to the number
of window signs
provided the total
combined square footage
does not exceed the
gross maximum square
footage as permitted for
window signs by this
ordinance
Twenty-five (25%)
percent of the visible
window area available
in the absence of any
signs
Life of the permit
Sign, Wall One (1) per lease space Forty square feet (40’)
or the product of two
times the lineal width
of the wall, whichever
is greater. Wall signs
shall not exceed
seventy-five percent
(75%) of the width or
the height of the
available wall area or
store frontage for a
tenant’s space.
Life of the permit
SECTION 9.
PERMISSIBLE SIGNS NOT REQUIRING PERMITS
A. The following signs shall not require a sign permit. These exceptions shall not be
construed as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Ordinance or any other law
or code regarding the same:
1. Banner Signs: Signs placed on property belonging to a Church or other religious
institution for purposes of conveying religious messages or providing the public
with other information related to the Church or religious institution.
2. Changeable Copy: The changing of advertising copy or message on a painted or
printed sign, or the changing of advertising copy or message on a changeable
reader board specifically designed for use of replaceable copy, not to include
Programmed Electronic Display
3. Government Signs: Signs posted by duly constituted governmental authorities in
pursuance of their public duties.
4. Holiday Decorations: Signs or materials displayed in a temporary manner during
traditional, civic, patriotic or religious holidays.
5. Internal Signs: Signs visible only from the premises on which located or visible
from off the premises only through a window or windows from which they are set
back.
6. Memorial Sign: Markers, plates, plaques, etc., when deemed an integral part of a
structure, building or landscape.
7. National and/or State Flag: Display of flags is allowed.
8. Other Signs: As and to the extent as provided for by Section 7 4 – Provisions for
All Areas and Zoning DistrictsGeneral Standards, of this ordinance.
9. Political Signs: As permitted in Section 5 6(B) – Political SignsTemporary Signs,
Political Signs.
10. Real Estate Signs: As permitted in Section 6(D) – Developer/Builder & Real
Estate SignsTemporary Signs, Real Estate Signs.
11. Vehicle Sign: Signs located on motor vehicles or trailers bearing current license
plates and inspection stickers, when appropriate, which are traveling or lawfully
parked upon public roadways or lawfully parked upon any other premises for a
period not to exceed four hours or for a longer period where the primary purpose
of such parking is not the display of any sign.
SECTION 10.
PERMIT REQUIREMENTS
A. Except as provided herein, no permanent sign shall be erected, placed, displayed or
located without first obtaining a sign permit from the Town.
1. Application for Permit: Application for a permit for a permanent sign shall be
made in writing upon forms furnished by the official so designated to do so by the
Town Manager.
The application for a sign permit shall contain the following information:
a. Applicant’s name, address and telephone number.
b. Name, address and telephone number of the Owner of the property on
which the sign is to be located.
c. Name, address and telephone number of the lessee the sign is to benefit, if
applicable.
d. Name, address and telephone number of the person erecting the sign.
e. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
g. Scaled site plan showing:
1) The location of the building, structure or tract to which or upon
which the sign is to be attached or erected,
2) The position of the sign in relation to nearby structures or other
signs, and
3) Dimensions of setbacks, building lines, distances between the sign
and streets and property lines.
4) Scaled drawings of the signs including height, width, area, design,
text and logo.
h. The designated official may require the filing of plans or other pertinent
information which, in the Official’s opinion, such information is necessary
to ensure compliance with this Ordinance.
2. Termination of Permit: A sign permit may be terminated in accordance with the
following provisions:
a. A permit shall be active for the life of the Sign, as long as it is in
compliance with this Ordinance.
b. A permit shall expire if the sign for which it has been issued has not been
constructed within ninety (90) days from the date of issuance.
c. A permit issued for any sign including its supporting structure shall
automatically expire in the event the sign shall fail inspection and such
failure is not corrected within sixty (60) days.
d. The designated official may suspend or revoke any permit whenever it is
determined that the permit has been issued in error or on the basis of
incorrect or false information supplied, or whenever such permit was
issued in violation of the Sign Ordinance, any other ordinance of the
Town, the laws of the State of Texas or the federal government. Such
revocation shall be effective when communicated in writing to the person
to whom the permit is issued or the Owner of the sign or the Owner of the
premises on which the sign is located. Any sign for which a permit has
been revoked shall be immediately removed by the person in control of the
sign or premises upon which the sign is located within fifteen (15)
business days of the receipt of the written notice of revocation.
e. Any person may appeal the revocation of the sign permit to the Town
Council upon recommendation of the Planning & Zoning Commission by
filing with the building official written notice of the intention to appeal
within ten (10) business days after the receipt of written notice of the
revocation. The decision of the Town Council shall be final.
3. Permit Fees: A sign permit fee shall be paid to the Town in accordance with the
most current fee schedule adopted by the Town.
SECTION 11.
TEMPORARY PERMITS
The designated official or their designee, of the Town of Trophy Club upon application from an
individual or company may grant Temporary Permits or Waivers to hang banners and/or signs
for Commercial purposes as set forth in Section 8 6 – Commercial SignsTemporary Signs, of this
Ordinance. Signs and banners approved by the Planning Official as meeting the criteria
necessary to satisfy the provisions found in Section 8 – Commercial Temporary Signs, of this
Ordinance may be displayed on a temporary basis not exceeding a four six (46) week period.
The length of the temporary permit will be at the discretion of the Planning Official, not
exceeding the maximum four six (46) week period. At the time of expiration of the Permit or
Waiver, it will be the responsibility of the applicant to remove the banner or sign. The
application process for a temporary permit or waiver will be governed by the same guidelines as
set forth in Section 10 13 – Permit Requirements, herein. A permit for a temporary Pole Sign
may be issued for an initial period not to exceed one (1) year. An applicant may request one (1)
additional renewal for a period of one (1) year. Such renewal may, within the discretion of the
Planning Official, be granted if the sign is in good and sound condition and meets the
requirements of this Ordinance.
SECTION 12.
NONCONFORMING USES
A. Any existing sign that does not conform to the regulations stated herein shall be deemed a
nonconforming sign and shall be subject to the provisions of Section 3(D)14 – General
Standards, Requirement to RepairMaintenance of Signs of this Ordinance. It is the
declared purpose of this Section 12 that nonconforming signs and signs directing
attention to nonconforming uses eventually discontinue and the signage comply with the
regulations stated herein, having due regard for the investment in such signs.
B. The designated official, after ten (10) days written notice to the Owner of the premises on
which the sign is located, shall have the authority to remove any nonconforming sign
which either:
1. Was not permanently affixed to the ground on the effective date of this ordinance,
or
2. Was erected in violation of a Town ordinance in effect at the time of its erection.
C. The Town Council may order nonconforming signs to be removed upon and subject to
compliance with Chapter 216, Texas Local Government Code, provided that the signs:
1. Are not permanently affixed to the ground on the effective date of this Ordinance,
2. Were erected in conformity with Town ordinances in effect at the time of their
erection, and
3. Remain in place after six (6) months from the effective date of this Ordinance.
D. An Owner of any 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 Ordinance.
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 Ordinance.
SECTION 13.
MERITORIOUS EXCEPTIONS AND APPEALS
A. In the development of these criteria, a primary objective has been ensuring against the
kind of signage that has led to low visual quality. On the other hand, another primary
objective has been the guarding against signage over-control.
B. It is not the intention of these criteria to discourage innovation. It is entirely conceivable
that signage proposals could be made that, while clearly nonconforming to this Ordinance
and thus not allowable under these criteria, have obvious merit in not only being
appropriate to the particular site or location, but also in making a positive contribution, to
the visual environment.
Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear and shall seriously and fairly consider a
request for a meritorious exception under this Section 13(B).
C. In order to determine the suitability of alternate materials and methods of construction
and to provide for reasonable interpretation of the provisions of this Ordinance, the Town
Council shall hear appeals with respect to any actions of the Designated Official in the
interpretation and enforcement of this Ordinance. Any such appeal shall be brought, by
written application filed by an interested party, to the Planning and Zoning Administrator
within ten (10) days after the action of the Designated Official which is the subject of the
appeal. Enforcement of this Ordinance shall be stayed pending such appeal. In hearing
such appeals, the Planning and Zoning Commission shall review the determination of the
Designated Official and, in doing so, may consider whether or not the regulations and
standards of this Ordinance will, by reason of exceptional circumstances or surroundings,
constitute a practical difficulty or unnecessary hardship. The Planning and Zoning
Commission shall forward a recommendation to the Town Council, who shall act on the
subject of the appeal. A decision of the Council shall be final.
SECTION 14.
MAINTENANCE OF SIGNS
A. Maintenance: Each sign shall be maintained in a safe, presentable, and good condition,
including the replacement of defective parts and other acts required for the maintenance
of such sign, without altering the basic copy, design or structure of the sign. The
Building Official shall require compliance or removal of any sign determined by the
Building Official to be in violation of this Section in accordance with the enforcement
provisions set forth below.
B. Dilapidated or Deteriorated Signs: No person shall maintain or permit to be maintained
on any premises owned or controlled by him or her any sign which is in a dilapidated or
deteriorated condition as defined herein. Upon notice of violation, any such sign shall be
promptly removed or repaired by the owner of the sign or the owner of the premises upon
which the sign is located in accordance with the enforcement provisions set forth below.
SECTION 15.
VIOLATIONS
A. A person is responsible for a violation of this Ordinance if the person is: (1) the permit
holder, owner, agent, or person(s) having the beneficial use of the sign, (2) the owner of
the land or structure on which the sign is located, or (3) the person in charge of erecting
the sign.
B. It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the
Town of Trophy Club, or cause the same to be done, without first obtaining a permit to
do so from the Building Official of the Town of Trophy Club, except as may be
hereinafter provided.
C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued
existence of any sign for which the required permit was not obtained.
D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as
defined herein, or any sign in violation of the provisions of this Ordinance within the
Town of Trophy Club.
E. It shall be unlawful for any person to violate any term or provision of this Ordinance.
SECTION 16.
ENFORCEMENT
A. Authority: The Building Official, or his respective designee(s), is hereby authorized to
order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or
prohibited signs from property within the corporate city limits of Trophy Club, in
accordance with the enforcement mechanisms set forth in this Section.
B. Notice of Violation: When the Building Official, or his respective designee, determines
that a sign located within the corporate city limits of Trophy Club is dilapidated,
deteriorated, illegal, prohibited or abandoned, they shall issue a notice of violation to the
owner of the sign or to the owner, occupant, or person in control of the property on which
the sign is located.
1. Contents of notice of violation - The notice of violation shall contain:
a. Name of the owner, occupant, manager or other person in control of the
property
b. Street address sufficient to identify the property on which the alleged
violation occurred
c. Description of alleged violations and reference to the provisions of this
Ordinance that has 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 (1) a criminal penalty not exceeding $500 per day
for each violation, (2) the City filing a civil action against owner seeking
injunctive relief and/or civil penalties up to $1,000 per day for each
violation
f. Statement informing recipient of their right to appeal the decision of the
Building Official.
2. Service of notice of violation - The Building Official, or his designee, 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.
SECTION 17.
ENFORCEMNT REMEDIES
A. Criminal Penalties: Any person, firm or corporation violating any of the provisions or
terms of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof, be subject to a fine not exceeding $2,000 for each offense, and each and every
day or portion thereof that such violation shall continue shall constitute a separate
offense.
B. Civil Remedies: The Town may file a civil action in State District Court to enforce the
requirements of this Ordinance, seeking injunctive relief and/or civil penalties up to
$1,000 per day for each offense as authorized by Subchapter B of Chapter 54 of the
Texas Local Government Code, as amended, or any other applicable law.
C. Emergency Removal of Sign: The Town may remove a sign, which the Building 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 Ordinance 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
Ordinance nor shall the filing of a civil action preclude the pursuit of any other action or
remedy, administrative or criminal.”
SECTION 1418.
PROHIBITION
A. All signs not specifically authorized herein are prohibited.
1. Obsolete Signs: No person shall erect or allow to be displayed upon premises
owned or controlled by them, an obsolete sign.
2. Obstructing Signs: No person shall erect or allow to be displayed upon premises
owned or controlled by them, a sign that prevents free ingress to or egress from
any door, window or fire escape.
3. Signs displaying materials determined to be obscene by a court of law.
4. Signs placed in any location which by reason of their location will obstruct the
view of any authorized traffic sign, signal, or other traffic control device by
vehicular or pedestrian traffic. No sign shall be erected which, by reason of
shape, color, size, design or position, would be reasonably likely to create
confusion with, to be confused as, or to interfere with any traffic signal or device
which is authorized by the appropriate state or local governmental authorities.
Further, no sign shall be placed in a location that will obstruct vision of a vehicle
operator while entering, exiting, or traveling upon the public right-of-way
5. Signs placed so as to prevent or inhibit free ingress to or egress from any door,
window, or any exit way required by the Building Code of the Town of Trophy
Club or by Fire Department regulations.
6. A-frame and sandwich board signs.
7. Signs located on public property, including but not limited to signs attached to
any public utility pole or structure, street light, tree, fence, fire hydrant, bridge,
curb, sidewalk, park bench, or other location on public property.
8. Roof Signs.
9. Signs attached to a standpipe or fire escape.
10. No person shall attach any sign, paper or other material, or paint, stencil or write
any name, number (except house numbers) or otherwise mark on any sidewalk,
curb, gutter, street, utility pole, public building, or structure except as otherwise
allowed by this Ordinance.
SECTION 1519.
GRAFFITI; NOTICE OF VIOLATION
A. Graffiti Prohibited: The Owner of any property in the Town commits an offense if the
Owner fails to remove all graffiti from the property that is visible from any public
property, easement or right-of-way, unless the graffiti was created or placed on the
property with the Owner’s consent and does not violate the Town’s sign regulations or
any applicable ordinance, regulation or state or federal law.
B. Notice: Before issuing a citation for a violation of this Ordinance, the Designated
Official shall serve an Owner with written notice to remove the graffiti from the property
within twenty-one (21) calendar days from the date the notice is served. The notice may
be served by hand-delivery to the Owner or by depositing the same in the United States
Postal Service certified mail, return receipt requested, addressed to the Owner at the
Owner’s address as shown on the most recent certified tax roll of the Town. If the Owner
cannot be located and the notice is returned undelivered by the United States Postal
Service, then the Owner may be notified by:
1. Publication two (2) times within ten (10) consecutive days in the Town’s official
newspaper; or
2. Posting the notice on or near the front door of each building on the premises to
which the violation relates; or
3. Posting the notice on a placard attached to a stake driven into the ground on the
premises to which the violation relates, if the premises do not contain a building.
C. The twenty-one (21) calendar days referenced in Section 1519(B) hereof shall be counted
as follows:
1. From the date the notice is personally served on the Owner; or
2. From the sixth day after the date the notice is placed in the United States certified
mail; or
3. If the Owner cannot be found or in the event the notice is returned by the United
States Postal Service, from the date the notice is:
a. Published for the second time in accordance with Section 15 19 (B)(1); or
b. Posted in accordance with Section 15 19 (B)(2) and (3).
D. Defenses: It is a defense to prosecution under paragraph 1. of this Section 15 19 that:
1. No notice was served on the Owner in compliance with this Ordinance;
2. The Owner has removed the graffiti from the property in question three (3) or
more times within the twelve (12) month period preceding the date of the citation;
or
3. Before being issued a citation, the Owner gave the Designated Official written
authorization to allow persons to enter onto the property and remove the graffiti
pursuant to a volunteer or community service program approved by the
Designated Official in which the Owner is eligible to participate.
E. Notice to Governmental Entities: The Designated Official shall notify the Town and any
other governmental entity whenever property owned by or under control of the Town or
governmental entity contains graffiti in violation of this Ordinance. The Town or any
other governmental entity shall remove any such graffiti from its property within twenty-
one (21) days from the date of the notice.
SECTION 1620.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; provided however, that Ordinance No. 99-132004-02 P&Z
is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take
effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit
which has been initiated or has arisen under or pursuant to Ordinance No. 99-132004-02 P&Z on
the date of adoption of this Ordinance shall continue to be governed by the provisions of such
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 1721.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting sign regulations
which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the courts.
SECTION 1822.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 1923.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 2024.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 2125.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 2226.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 19th_______________ _ day of JanuaryFebruary, 20042005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-__ P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2004-02 P&Z, ESTABLISHING SIGN
REGULATIONS, AND ADOPTING NEW PROVISIONS FOR SIGN
REGULATIONS; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING DEFINITIONS; PROVIDING CRITERIA RELATING TO
PERMIT REQUIREMENTS; PROVIDING GENERAL STANDARDS
RELATING TO THE HEIGHT OF SIGNS, APPLICABLE BUILDING AND
ELECTRICAL CODES, ILLUMINATED SIGNS, AND PROVISIONS FOR
ALL ZONING DISTRICTS; PROVIDING FOR TRAFFIC SAFETY;
PROVIDING REQUIREMENTS FOR TEMPORARY SIGNS; PROVIDING
FOR COMMERCIAL AND INSTITUTIONAL SIGNS; ESTABLISHING
PROVISIONS FOR PERMISSIBLE SIGNS NOT REQUIRING PERMITS;
PROVIDING FOR TEMPORARY PERMITS; PROVIDING FOR
NONCONFORMING USES; PROVIDING FOR MERITORIOUS
EXCEPTIONS AND APPEALS; PROVIDING FOR MAINTENANCE OF
SIGNS; PROVIDING CRITERIA PERTAINING TO VIOLATIONS;
ESTABLISHING PROVISIONS FOR ENFORCEMENT; PRESCRIBING
ENFORCEMENT REMEDIES; PROHIBITION OF SIGNS NOT
SPECIFICALLY AUTHORIZED; PROVIDING GRAFFITI REGULATIONS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of Local Government Code; and
WHEREAS, on January 19, 2004, the Town Council adopted Ordinance No.2004-02
P&Z, establishing “Sign Regulations” for the Town of Trophy Club, Texas; and
WHEREAS, Town staff has recommended an update to Ordinance No. 2004-02 P&Z;
and
WHEREAS, the Town Council finds that the orderly and uniform regulation of signs is a
significant factor in guiding the attractive and aesthetic development of properties in accordance
with the Comprehensive Land Use Plan and thereby avoiding detrimental impacts of signs on the
appearance of the Town; and
WHEREAS, the Town Council further finds that the regulations adopted herein allow
for a reasonable use of signs by businesses, residences and other properties for advertisement,
dissemination of protected speech and other purposes; and
WHEREAS, the Town Council finds that the regulations adopted herein are in the
best interest of the health, safety, and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
DEFINITIONS
A. Unless otherwise provided for herein, the following terms shall have the respective
meanings ascribed to them.
AWNING: A roof-like structure, usually made of canvas, that serves as a shelter, as over a
storefront, window, door or deck. Also, an architectural projection that provides weather
protection, identity or decoration, and is supported by the building to which it is attached.
DESIGNATED OFFICIAL: The Town Manager or his or her designee.
DILAPIDATED OR DETERIORATED CONDITION: Any sign, which in the reasonable
discretion of the Designated Official, has any one or more of the following characteristics:
1. Where elements of the surface or background can be seen, as viewed from the
right-of-way, to have portions of the finished material or paint flaked, broken off,
or missing, or otherwise not in harmony with the rest of the surface; or
2. Where the structural support or frame members are visibly bent, broken, dented,
or torn; or
3. Where the panel is visibly cracked, or in the case of wood and similar products,
splintered in such a way as to constitute an unsightly or harmful condition; or
4. Where the sign or its elements are twisted or leaning or at angles other than those
at which it was originally erected (such as may result from being blown or by the
failure of a structural support); or
5. Where the message or wording can no longer be clearly read by a person with
normal eyesight under normal viewing conditions.
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 viewer’s 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: FBrick, stone, formed concrete, concrete block, cinder block or similar material
with facing added to their exposed surface.
MINOR: A person under 18 years of age who is not and has not been married or who has not
had his disabilities of minority removed for general purposes.
OWNER: Any person with the legal or equitable right of possession to any property.
PARENT: The mother, a man presumed to be the biological father or a man who has been
adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother
or father, but does not include a parent as to whom the parent-child relationship has been
terminated.
PREMISES: Land, including the building upon it; a building or a part of a building.
PRIVATE REAL PROPERTY: land, including land containing structures or other
improvements, which is owned by one or more persons, a private institution or organization, a
private company or companies or other privately owned businesses. Private real property does
not include real property subject to an easement or other encumbrance that allows a municipality
to use the property for a public purpose.
PROPERTY: Any tangible personal or real property.
PROGRAMMED ELECTRONIC DISPLAY: Any display in which lamps are used to give
information such as, but not limited to, time, temperature, stock market data and which may or
may not be electronically programmed to deliver different messages.
RACEWAY: A rectangular tube used for the purpose of enclosing electrical components such
as wiring, transformers, etc.
RIGHT-OF-WAY: A strip of land used or intended to be used, wholly or in part, as a public
street, alley, crosswalk, sidewalk, drainage way or other public way.
SIGN: Any device or surface on which letters, illustrations, designs, figures or symbols are
painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for
advertising purposes; temporary mobile signs and private directional signs shall be considered
signs for purposes of this Ordinance, regardless of the content of the message or wording
thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried
signs, and vending machine signs shall not be considered signs for purposes of this Ordinance.
Signs include but are not limited to the following:
A-FRAME/SANDWICH BOARD SIGN: A self supporting “A” shaped sign with two
visible sides that is situated on or adjacent to a sidewalk.
APARTMENT SIGN: A sign identifying an apartment building or complex of
apartment buildings.
AWNING SIGN: An awning displaying a business name or logo.
BANDIT SIGN: Handbills, lost and found notices, advertisement sheets, and/or garage
sale signs attached to a tree, utility pole, traffic pole, fence post or other feature or
structure that is not designed nor intended to be a part of the structure. These do not
include warning signs or other signs required by state law to be placed on a utility pole,
traffic pole or fence post.
BANNER SIGN: Any advertising device composed primarily of cloth, paper, fabric, or
other similar non-rigid material, supported by wire, rope, or similar means. National and
state flags and banners not used for commercial purposes, when located wholly on private
property, shall not be considered as signs for the purposes of this Ordinance.
BILLBOARD SIGN: Any flat surface erected on a framework or on any structure, or
attached to posts and used, or designed to be used for the display of bills, posters or other
advertising material, for the purpose of advertising a business or activity not located on
the same premises as the said advertising material. Mobile advertising, hand-carried
signs, and political signs shall not be considered a billboard for purposes of this
Ordinance.
BUILDER SIGN: A temporary on-site sign identifying the builder or general contractor
of a residential construction site.
BULLETIN BOARD SIGN: A permanent on-site sign providing public information to
the residential subdivision within which it is located.
BUSINESS SIGN: A permanent on-site sign that is used to identify a business,
profession, apartment complex, organization, institution, service, activity or other
nonresidential use conducted, sold or offered on the site where such sign is located. This
sign may also identify the name of the site or development or may identify the occupants
within the site or development.
CANOPY SIGN: A canopy sign is a sign painted or affixed to a roof-like structure that
shelters a use such as, but not restricted to, a gasoline pump island, and is supported by
either one or more columns or by the building to which it is accessory and is open on two
or more sides.
CONSTRUCTION SIGN: A temporary sign identifying the property Owner, architect,
contractor, subcontractor, engineer, landscape architect, decorator or mortgagee engaged
in the design, construction or improvement of the premises on which the sign is located.
DEVELOPMENT SIGN: A temporary, on-site promotional sign pertaining to the
development of land or construction of buildings on the site where the sign is erected. In
residential districts, the intent of the sign shall be to promote a subdivision and not any
particular builder.
DIRECTIONAL SIGN: A permanent on-site sign intended to aid in vehicular
movement on the site.
DIRECTIONAL (TEMPORARY REAL ESTATE) SIGN: Off-site premise “Open-
House” and directional signs intended to direct persons to premises offered for lease or
sale.
DIRECTORY SIGN: A sign listing the occupants within a shopping center, retail
district, office districts, and commercial sites located on the same premises.
ELECTRONIC DISPLAY SIGN: Refer to “Programmed Electronic Display”.
FENCE SIGN: A sign that is affixed or attached to a fence, whether permanent or
temporary.
FLASHING SIGN: A sign which contains an intermittent or flashing light source or
which includes the illusion of intermittent or flashing light by means of animation or any
externally mounted light source. Electronic display signs are not considered flashing
signs for the purpose of this Ordinance.
GOVERNMENT SIGN: Signs required by governmental bodies or specifically
authorized for a public purpose by any administrative policy or guideline, law, statute, or
ordinance or other law. Such public signs may be of any type, number, area, height,
location, or illumination as required by law, statute, or ordinance. Said signs may also
include traffic or similar regulatory devices, legal notices, warnings at railroad crossings,
and other instructional, informative, or regulatory signs having to do with the general
welfare, health, and safety of the community.
GROUND SIGN: Any sign connected to the ground by legs, poles, or other supports and
which is not an attached, portable, monument, or vehicular sign.
ILLEGAL NON-CONFORMING SIGN: A sign which was in violation of any of the
ordinances of the Town of Trophy Club governing the erection or construction of such a
sign at the time of its erection, and which has never been erected or displayed in
conformance with all duly enacted ordinances, including but not limited to, signs which
are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility
poles, trees, fences or other structures.
ILLUMINATED SIGN: A sign that has characters, letters, figures, designs or outlines
illuminated by electrical lights, luminous tubes or other means.
INFLATABLE SIGN: A hollow sign expanded or enlarged by the use of air or gas.
INSTITUTIONAL SIGN: A permanent on-site sign used to identify governmental and
municipal agencies, public/private schools, churches, or similar public institutions, and
used to communicate messages of public importance to the general public.
LEGAL NON-CONFORMING SIGN: A sign which was lawfully erected and
maintained prior to the enactment of the Sign Ordinance and any amendments thereto,
and which does not conform to current applicable regulations and restrictions of the Sign
Ordinance.
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 SIGN: An on-premise sign or sign structure that previously was a legal
sign, or a legal, non-conforming sign; however, it remains on the property after the first
anniversary of the date the business, person or activity that the sign or sign structure
identifies or advertises ceases to operate on the premises on which the sign or sign
structure is located.
OBSOLETE LEASES PREMISES SIGN: An on-premise sign or sign structure that
previously was a legal sign, or a legal, non-conforming sign; however, it remains on
leased property after the second anniversary of the date the tenant ceases to operate on
the premises.
OFF-SITE PREMISE SIGN: A sign which directs attention to goods, a business,
commodity, service, product, or entertainment location other than the site upon which
such sign is located or to which it is affixed. The term does not include Special Purpose
Signs.
ON-SITE PREMISE SIGN: Any sign, the content of which relates to the site on which
it is located, referring exclusively to businesses, commodities, services, products, goods,
or entertainment on the site, or the sale, lease, or construction of those sites.
PERMANENT POLE SIGN: Any free standing, permanent, on-premise sign supported
from the ground up by upright structural members.
POLE (or PYLON) SIGN: Any free standing, on-premise sign supported from the
ground by upright structural members.
POLITICAL SIGN: A sign that promotes a political issue or a candidate or candidates
for public office. Also, a sign of any political party, group, or idea that contains primarily
a political message.
PORTABLE SIGN: A sign utilized by a government entity and that is not attached or
affixed to the ground, a building or other fixed structure or object. Portable signs include
those signs installed on mobile structures.
PROJECTING SIGN: A sign, except an awning, which projects from a building, and
has one end attached to a building or other permanent structure, including but not limited
to, a marquee sign.
PROTECTIVE SIGN: A sign that communicates a warning.
SERVICE CONTRACTOR SIGN: A temporary sign identifying the contractor(s)
responsible for work currently occurring on a premises.
REAL ESTATE SIGN: A temporary sign supported by upright structural members and
which pertains to the sale or lease of the lot or tract of land on which the sign is located,
or to the sale or lease of one or more structures, or a portion thereof located thereon.
RIDER SIGN: A supplemental sign attached to real estate sign that provides limited but
additional information pertaining to the premises on which the real estate is placed.
ROOF SIGN: Any sign supported by the roof of a building, painted on the roof or eaves
of a building, or placed above the apparent flat roof or eaves of a building as viewed from
any elevation.
STRUCTURALLY ALTER SIGN: To change the form, shape or size of an existing
sign or any supportive or bracing elements of said sign excluding temporary
embellishments on a changeable copy sign.
STRUCTURALLY REPAIR SIGN: The reconstruction or renewal of any part of the
supportive or bracing elements of an existing sign.
SPECIAL PURPOSE SIGN: A temporary sign that is either on-site premise or off-site
premise that provides identification or information pertaining to a special event or
occurrence sponsored by a non-profit or civic organization.
TEMPORARY POLE SIGN: A free standing, on-premise sign displayed for a
temporary period of time as provided in this Ordinance and supported from the ground up
by upright structural members.
TEMPORARY SIGN: A sign which includes, but is not limited to, a sign, banner,
pennant, flag, searchlight, inflatable, outside display of merchandise or similar device
which is to be displayed for a limited period of time.
VEHICULAR SIGN: Any sign, not including bumper stickers, on or in a vehicle
moving along the ground or on any vehicle parked temporarily, incidental to its principal
use for transportation. This definition shall not include signs which are being transported
to a site of permanent erection or lettering of a company vehicle that advertises only the
company name and address, or temporary signs (with an area of less than 3 square feet)
attached to vehicles which may be removed daily.
WALL SIGN: A sign attached or affixed parallel or flat to an exterior wall surface of a
building.
WINDOW SIGN: A sign painted on or permanently affixed to a window or window
area or any sign located on the internal and/or external surface of the window, or is
located within two inches (2”) of the window, of any establishment.
SIGN PERMIT: A permit issued under the authority of the Town to erect, move, structurally
alter or structurally repair any specific billboard, sign or other outdoor advertising within the
corporate limits of the Town.
SIGN STRUCTURE: Any portion of an advertising device, inclusive of its supports, or any
device solely designed for carrying an advertising message
SECTION 3.
PERMIT REQUIREMENTS
A. Except as provided herein, no permanent sign shall be erected, placed, displayed or
located without first obtaining a sign permit from the Town.
1. Application for Permit: Application for a permit for a permanent sign shall be
made in writing upon forms furnished by the Designated Official authorized so
designated to do so by the Town Manager.
The application for a sign permit shall contain the following information:
a. Applicant’s name, address and telephone number.
b. Name, address and telephone number of the Owner of the property on
which the sign is to be located.
c. Name, address and telephone number of the lessee the sign is to benefit, if
applicable.
d. Name, address and telephone number of the person/contractor erecting the
sign.
e. Name, address and telephone number of the electrical subcontractor, if
applicable.
f. Type of sign and use classification
g. Scaled site plan showing:
i. The location of the building, structure or tract to which or upon
which the sign is to be attached or erected,
ii. The position of the sign in relation to nearby structures or other
signs, and
iii. Dimensions of setbacks, building lines, distances between the sign
and streets and property lines.
iv. Scaled drawings of the signs including height, width, area, design,
text and logo.
h. The Designated Official may require the filing of additional plans or
pertinent information which, in the Official’s opinion, are necessary to
ensure compliance with this Ordinance.
2. Termination of Permit: A sign permit may be terminated in accordance with the
following provisions:
a. A permit shall be active for the life of the Sign, as long as it is in
compliance with this Ordinance.
b. A permit shall expire if the sign for which it has been issued has not been
constructed within ninety (90) days from the date of issuance.
c. A permit issued for any sign including its supporting structure shall
automatically expire in the event the sign shall fail inspection and such
failure is not corrected within sixty (60) days.
d. The Designated Official may suspend or revoke any permit whenever it is
determined that the permit has been issued in error or on the basis of
incorrect or false information supplied, or whenever such permit was
issued in violation of the Sign Ordinance, any other ordinance of the
Town, the laws of the State of Texas or the federal government. Such
revocation shall be effective when communicated in writing to the person
to whom the permit is issued or the Owner of the sign or the Owner of the
premises on which the sign is located. Any sign for which a permit has
been revoked shall be immediately removed by the person in control of the
sign or premises upon which the sign is located within fifteen (15)
business days of the receipt of the written notice of revocation.
e. Any person may appeal the revocation of the sign permit by filing written
notice of the intention to appeal with the Planning Official no more than
ten (10) business days after the receipt of written notice of the revocation.
The appeal will be forwarded to the Planning & Zoning Commission for
review. The Commission shall forward a recommendation to the Town
Council for final determination.. upon recommendation of the Planning &
Zoning Commission by filing with the Designated Official written notice
of the intention to appeal within ten (10) business days after the receipt of
written notice of the revocation. The decision of the Town Council shall
be final.
3. Permit Fees: A sign permit fee shall be paid to the Town in accordance with the
most current fee schedule adopted by the Town.
SECTION 4.
GENERAL STANDARDS
A. Height of Signs: Sign height shall be measured as the vertical distance between the
highest part of the sign or its supporting structure, whichever is higher, and natural grade
at the center of the base of the sign.
B. Building and Electrical Codes Applicable: All signs must conform to the regulations and
design standards of the Building Code, UL standards and other ordinances of the Town.
Wiring of all electrical signs must conform to the current Electric Code of the Town.
C. Illuminated Signs: Signs with external lighting shall be down-lighted. The light source
shall be fully shielded such that it cannot be seen from the property line of the site on
which the sign is located. Although the light cast from the source may be visible at the
property line of an abutting residential property, any spillover light at the abutting
residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall
be permitted by meritorious exception as provided for in Section 11 – Meritorious
Exceptions & Appeals.
D. The following provisions shall apply to all areas and zoning districts of the Town:
1. Governmental Signs: Nothing in this ordinance shall be construed to prevent the
display of a national or state flag, or to limit flags, insignias, legal notices, or
informational, directional or traffic signs which are legally required or necessary
to the essential functions of government agencies. Stop signs and street signs
placed within the Town shall conform to the design specified in the Town’s
Subdivision Regulations.
2. Addresses: Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and
size of the sign do not exceed the requirements of such law, order, rule or
regulation.
3. The occupant of a premise may erect not more than two (2) protective signs in
accordance with the following provisions:
a. Each sign must not exceed one (1) square foot in effective area;
b. Detached signs must not exceed two (2) feet in height; and
c. Letters must not exceed four (4) inches in height.
4. Temporary holiday decorations are permitted.
5. Vehicular signs are prohibited except as specifically allowed by this Ordinance;
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.
SECTION 5.
TRAFFIC SAFETY
A. Conflicts with Public Signs: No sign shall be erected or maintained at any location where
by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere
with the view of, or be confused with any traffic control sign, signal or device, or where it
may interfere with, mislead or confuse traffic.
B. Sight Visibility Restriction: No sign shall be located in any vision triangle as identified in
the Town’s Subdivision Regulations.
SECTION 6.
TEMPORARY SIGNS
A. Temporary Signs: Except as specifically provided herein, the following regulations apply
to all temporary signs:
1.5.Duration: All temporary signs may be erected or maintained in any location for a
maximum period of sixty (60) days before the signs must be replaced or removed.
Temporary signs shall be kept in repair and proper state of preservation.
Temporary signs advertising an event, function or activity shall be removed
within three (3) days following the date of the event, function or activity.
2.6.Right-of-Way: No temporary sign may be erected or placed in the median of any
public right-of-way. However, temporary signs may be placed in the Town’s
right-of-way between the curb and property line provided they do not create a
safety hazard of any type, including but not limited to impaired visibility.
3.7.Safety Hazard Prohibited: Temporary signs shall not be installed in any manner that
may result in a potential safety hazard of any type.
4.8.Town Owned Property: Temporary signs shall not be placed on any Town owned
property, including but not limited to Town parks, fire stations, police stations,
libraries, or buildings located on property owned, leased, utilized, or controlled by
the Town unless prior written permission is obtained from the Town.
5. Removal: Except as specifically provided herein, any temporary sign placed,
erected, or maintained in violation of this Ordinance may be removed by the
Designated Official without notice.
B. Political Signs:
1. No political sign may be erected or placed on private real property, including but not
limited to vacant lots or tracts, unless the property Owner has given written
permission and such documentation is provided to the Designated Official upon
the Official’s request. Political signs may be erected or placed on any private lot
or property or on any trailer or vehicle as specifically described in this Section 6 –
Temporary Signs, and in accordance with the regulations governing temporary
signs.
2. Number, Size and Placement: A political sign shall not exceed thirty-six (36) square
feet in area nor exceed eight feet (8’) in height, as measured from the ground. A
political sign may not be illuminated or have any moving elements. No more than
one (1) of such signs for each political candidate or issue on the election ballot
shall be erected on any zoning lot or other parcel of land. The front and back
surface of a political sign shall constitute one sign. For signs with three or more
surfaces, each surface shall constitute a separate sign. For signs located on non-
residential or unplatted property, the minimum distance between identical signs
shall be twenty-five feet (25’).
3. In the event that the number of political signs upon a lot or property exceeds the total
number permitted by this Ordinance, the signs in excess of the number permitted
shall be deemed to be in violation of this Ordinance. The Designated Official
shall notify the property Owner on which the political signs are located of the
violation; the property Owner must then remove the signs in excess of the
permitted amount within twenty-four (24) hours following the time of such
notification.
3. Number, Size and Placement: A political sign shall not exceed thirty-six (36)
square feet in area nor exceed eight feet (8’) in height, as measured from the
ground. A political sign may not be illuminated or have any moving elements.
No more than one (1) of such signs for each political candidate or issue on the
election ballot shall be erected on any zoning lot or other parcel of land. The
front and back surface of a political sign shall constitute one sign. For signs with
three or more surfaces, each surface shall constitute a separate sign. For signs
located on non-residential or unplatted property, the minimum distance between
identical signs shall be twenty-five feet (25’).
4. Removal Period: Procedure in Event of Non-Removal: All political signs shall be
removed within a period not to exceed three (3) days after the date of the election
for which the sign was placed. Failure to remove such signs within the three (3)
day period shall give the Designated Official the authority to remove such signs.
5. Vehicle Mounted Political Signs: A political sign which is mounted or placed on
any trailer or vehicle and which is not permanently affixed to the trailer or vehicle
is permitted. A vehicle with such a sign may be parked on a public street in
accordance with the Town’s parking regulations. For purposes of this paragraph,
a political sign is not required to be supported by the ground.
6. Zoning Districts: Political signs shall be allowed in all zoning districts of the
Town.
7. Exemptions: Political signs shall not require a sign permit, and except as
regulated by this Section, are exempt from the remainder of the regulations
contained in this Ordinance.
C. Banner Signs:
1. Number, Size & Placement and Duration: One banner sign no more than thirty-
six (36) square feet per premise or lease space shall be allowed no more than two
(2) times annually. for thirty (30) consecutive days each.
2.4. Duration: Banner signs shall be permitted for no more than thirty (30) days.
3.5. Zoning Districts: Banner signs shall be allowed in all non-residential zoning
districts:
4. Consecutive Display Prohibited: At least ninety (90) days must lapse between the
end of the first period of display and the beginning of the second period of
display.
D. Real Estate Signs: Real Estate Signs are authorized to be erected, in addition to
permanent signage, in accordance with the following provisions:
1. Real Estate Signs Include:
a. Real estate advertising signs that advertise a builder, developer, Owner,
realtor or model home by showing a name, address, and/or telephone
number for the purpose of selling, leasing or renting a particular property
on which the sign is placed;
b. “Open House” signs indicating that a house on the lot which the sign is
placed is available for viewing by the public; and
c. Temporary directional signs showing arrows or other means of property
location and direction.
d. Riders may be attached to real estate signs.
2.3. Number, Size and Location:
a. Signs shall contain no more than two (2) sides and shall be limited to six
(6) square feet of text area on each side, including any riders. Signs larger
than six (6) square feet of text area shall be considered as being
commercial signs and shall be subject to Section 7 – Commercial &
Institutional Signs of this Ordinance.
b. Signs shall be temporary and will be removed upon sale, lease or rental of
property.
c. The maximum height of such signs shall not exceed four (4) feet, as
measured from the ground.
d. Real estate signs as categorized in Section 6(D)1 – Temporary Signs, Real
Estate Signs Include, on all lots other than golf course lots shall be limited
to one advertising sign and one “open house” or directional sign [during
the hours permitted by Section 6(D)(2) – Temporary Signs, Number, Size
and Location, hereof] per lot. On lots adjoining a golf course, one
additional real estate advertising sign may be placed to face the golf
course.
e. A maximum of six (6) directional signs may be placed off-site premise for
each premises (whether one or more lots or tracts) offered for sale or lease.
Spacing between each sign shall be a minimum of four hundred feet (400’)
along the following streets: Trophy Club Drive, Indian Creek Drive,
Village Trail, Durango Drive and Trophy Wood Drive.
Prior to such placement, any person or entity placing such a sign shall
have received authorization or approval for such placement from the
Owner of, or other person having custody or control over, the property
upon which such sign is placed.
f. No real estate sign may be erected or placed in the median of any public
right-of-way. Any real estate sign so erected or placed in any public
right-of-way may be removed by the Designated Official without notice.
g. “Open house” signs and directional signs located off-premises shall be
permitted only between noon on Friday through noon on Monday. “Open
house” or directional signs shall be placed no closer than three (3) feet
from the street, curb or edge of pavement. In the event that any such sign
is not in compliance, the Designated Official of the Town may remove the
sign. Signs shall not be permitted to be within any thoroughfare median in
the Town.
h. Unique signs that demonstrate increased quality and standards but do not
meet the dimension standards provided in this Section may be permitted
by means of “meritorious exception” as provided in Section 11 –
Meritorious Exception and Appeals.
i. Zoning Districts: Real Estate Signs shall be allowed in all zoning districts
of the Town.
E. Special Purpose Signs: Special Purpose Signs shall be allowed in conjunction with
special events sponsored by the Town, a governmental entity, a non-profit or civic
organization.
1. Number, Size and Placement: One (1) special purpose sign no more than four (4)
square feet shall be placed on a premise or lot.
2. Duration: Special Purpose Signs shall be allowed up to fourteen (14) days prior
to the event and shall be removed within 24 (24) hours following the event.
SECTION 7.
COMMERCIAL AND INSTITUTIONAL SIGNS
A. Commercial Signs and Institutional Signs shall be subject to the following provisions:
1. On Premises Signs: Signs in areas zoned for Non-Residential purposes shall be
on-premises signs.
2. Maximum Gross Surface Area: The face of each sign shall not exceed the gross
surface area as outlined below.
3. The height of monument signs shall not exceed ten feet (10’) from average
ground level.
4. No commercial sign shall be allowed which is painted on the wall of any building
or on any part of a building.
5. Signs owned, constructed and used by the Town to provide information, direction
and enforcement shall be exempt from these requirements.
6 Wall signs shall be centered horizontally on the store frontage for a tenant’s
space. The maximum copy height shall not exceed two (2) feet, six (6) inches.
The minimum copy height shall be one (1) foot, two (2) inches. The mounted
copy depth shall be five (5) inches. Wall signs shall not project more than twelve
inches from the wall surface.
7. Illuminated Signs:
a. Internally lit, individual aluminum channel letters shall have a 1/8”
Plexiglas front. The raceway shall be painted to match the surface upon
which it is mounted.
b. The raceway shall allow appropriate internal reinforcing and adequate
service access for all hardware. No wiring, angle iron or other supports
shall be exposed. The raceway shall contain all transformers and wiring
for the letters.
c. Illuminated signs which are visible through the window of a tenant’s space
shall be set back a minimum of two (2”) inches from the face of the
window. The distance shall be measured from the front surface of the sign
to the face of the window. If the front surface contains letters or other
symbols that project outward, then the distance shall be measured from
that point.
B. Miscellaneous Sign Regulations: The following table entitled “Signage Criteria”
contains the regulations governing all other signage allowed by this Ordinance.
Sign Type Number Size & Height Duration Zoning District
A-Frame/Sandwich
Board Prohibited
Apartment 1 per entry 50 sq ft/ Life of Permit Residential
Awning Prohibited
Bandit Prohibited
Banner 1 per premise or lease
space no more than 2
times annually
36 sq ft. N/A 30 days Non-Residential
Billboard Along property which
abuts State Highway
114
To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
Non-Residential
Builder/Contractor 2 per premise 6 sq ft 4 ft Removed upon sale,
lease, rental
All Districts
Bulletin Board To be determined by the Town Council upon recommendation of the
Planning & Zoning Commission
Residential
Canopy 25 sq ft or 10% of the face of the canopy of
which it is a part of or to which it is attached,
whichever is greater
Life of Structure Non-Residential
Contractor Service No limit provided total
combined sq footage
does not exceed 6 sq ft
6 sq ft 4 ft Removed upon sale All Districts
Construction 1 per project/premise 32 sq ft 5 ft Completion of project All Districts
Development 1 per project/premise 32 sq ft 5 ft 90% of all lots/houses
sold
All Districts
Directional 6 sq ft 3 ft Life of Permit All Districts
Directional Temporary
Real Estate
3 off-site premise for
each lot/premise
6 sq ft 4 ft Between hours of noon
Friday-noon Monday
Directory 1 per premise To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
Non-Residential
Fence Prohibited
Flashing Prohibited
Government No limit No limit No limit No limit All Districts
Ground 1 per entry/premise 16 sq ft 4 ft Life of Permit All Districts
Illuminated 1 per premise 50 sq ft Life of Permit Non-Residential
Inflatable 1 per premise To be determined by the Town Council upon
recommendation of the Planning & Zoning
Commission
All Districts
Institutional 1 per entry/premise 50 sq ft 4 ft Life of Permit Non-Residential
Model Home 1 per Model Home 16 sq ft 4 ft Removed upon sale,
lease, rental
Residential Districts
Monument 1 per entry/premise 50 sq ft 10 ft Life of Permit All Districts
Nameplate 1 per lease space 2 sq ft 1 ft Life of Permit Non-Residential
Off-Premise Prohibited
Political 36 sq ft 8 ft 60 days
Portable Restricted
Programmed
Electronic Display
1 per premise 50 sq ft 4 ft
Projecting Prohibited
Protective 2 per premise 1 sq ft 2 ft Life of structure All Districts
Real Estate Restricted
Rider Restricted
Roof Prohibited
Sign Type Number Size & Height Duration Zoning District
Special Purpose 1 pre premise/lot 6 sq ft 4 ft 14 days prior/24 hr
following
All Districts
Temporary Pole 1 per premise/lot 32 sq ft 5 ft 6 months All Districts
Wall Sign 1 per lease space 40 sq ft or the product
of 2 times the lineal
width of the wall,
whichever greater.
Shall not exceed 75%
of the width or the
height of the available
wall area or store
frontage for a tenant’s
space
Life of Permit Non-Residential
Window No limit provided total combined sq footage does
not exceed 25% of the visible window area
available in the absence of any signs
Life of Permit Non-Residential
SECTION 8.
PERMISSIBLE SIGNS NOT REQUIRING PERMITS
A. The following signs shall not require a sign permit. These exceptions shall not be
construed as relieving the Owner of the sign from the responsibilities of its erection,
maintenance, and its compliance with the provisions of this Ordinance or any other law
or code regarding the same:
1. Banner Signs: Signs placed on property belonging to a Church or other religious
institution for purposes of conveying religious messages or providing the public
with other information related to the Church or religious institution.
2. Changeable Copy: The changing of advertising copy or message on a painted or
printed sign, or the changing of advertising copy or message on a changeable
reader board specifically designed for use of replaceable copy, not to include
Programmed Electronic Display
3. Government Signs: Signs posted by duly constituted governmental authorities in
pursuance of their public duties.
4. Holiday Decorations: Signs or materials displayed in a temporary manner during
traditional, civic, patriotic or religious holidays.
5. Internal Signs: Signs visible only from the premises on which located or visible
from off the premises only through a window or windows from which they are set
back.
6.8. Memorial Sign: Markers, plates, plaques, etc., when deemed an integral part of a
structure, building or landscape.
7.9. National and/or State Flag: Display of flags is allowed.
8. Other Signs: As and to the extent as provided for by Section 4 – General
Standards, of this ordinance.
9.10. Political Signs: As permitted in Section 6(B) – Temporary Signs, Political Signs.
10. Real Estate Signs: As permitted in Section 6(D) – Temporary Signs, Real Estate
Signs.
11. Vehicle Sign: Signs located on motor vehicles or trailers bearing current license
plates and inspection stickers, when appropriate, which are traveling or lawfully
parked upon public roadways or lawfully parked upon any other premises for a
period not to exceed four hours or for a longer period where the primary purpose
of such parking is not the display of any sign.
12. Special Purpose Signs.
SECTION 9.
TEMPORARY PERMITS
The Designated Official of the Town of Trophy Club upon application from an individual
or company may grant Temporary Permits or Waivers to hang banners and/or signs for
Commercial purposes as set forth in Section 6 – Temporary Signs, of this Ordinance. Signs and
banners approved by the Planning Official as meeting the criteria necessary to satisfy the
provisions found in Section 6 – Temporary Signs, of this Ordinance may be displayed on a
temporary basis not exceeding a six (6) week period. The length of the temporary permit will be
at the discretion of the Planning Official, not exceeding the maximum six (6) week period. At
the time of expiration of the Temporary Permit or Waiver, it will be the responsibility of the
applicant to remove the banner or sign. The application process for a temporary permit or
waiver will be governed by the same guidelines as set forth in Section 3 – Permit Requirements,
herein. A permit for a Temporary Pole Sign may be issued for an initial period not to exceed one
(1) year. An applicant may request one (1) additional renewal for a period of one (1) year. Such
renewal may, within the discretion of the Planning Official, be granted if the sign is in good and
sound condition and meets the requirements of this Ordinance.
SECTION 10.
NONCONFORMING USES
A. Any existing sign that does not conform to the regulations stated herein shall be deemed a
nonconforming sign and shall be subject to the provisions of Section 12 – Maintenance of
Signs of this Ordinance. It is the declared purpose of this Section 12 that nonconforming
signs and signs directing attention to nonconforming uses eventually discontinue and the
signage comply with the regulations stated herein, having due regard for the investment
in such signs.
B. The Designated Official, after ten (10) days written notice to the Owner of the premises
on which the sign is located, shall have the authority to remove any nonconforming sign
which either:
1. Was not permanently affixed to the ground on the effective date of this ordinance,
or
2. Was erected in violation of a Town ordinance in effect at the time of its erection.
C. The Town Council may order nonconforming signs to be removed upon and subject to
compliance with Chapter 216, Texas Local Government Code, provided that the signs:
1. Are not permanently affixed to the ground on the effective date of this Ordinance,
2. Were erected in conformity with Town ordinances in effect at the time of their
erection, and
3. Remain in place after six (6) months from the effective date of this Ordinance.
D. An Owner of any 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 Ordinance.
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 Ordinance.
SECTION 11.
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 Ordinance
and thus not allowable under these criteria, have obvious merit in not only being
appropriate to the particular site or location, but also in making a positive contribution, to
the visual environment.
Upon request of an interested party, the Town Council, upon recommendation by the
Planning and Zoning Commission, shall hear and shall seriously and fairly consider a
request for a meritorious exception under this Section 11(B).
C. In order to determine the suitability of alternate materials and methods of construction
and to provide for reasonable interpretation of the provisions of this Ordinance, the Town
Council shall hear appeals with respect to any actions of the Designated Official in the
interpretation and enforcement of this Ordinance. Any such appeal shall be brought, by
written application filed by an interested party, to the Planning and Zoning Administrator
within ten (10) days after the action of the Designated Official which is the subject of the
appeal. Enforcement of this Ordinance shall be stayed pending such appeal. In hearing
such appeals, the Planning and Zoning Commission shall review the determination of the
Designated Official and, in doing so, may consider whether or not the regulations and
standards of this Ordinance will, by reason of exceptional circumstances or surroundings,
constitute a practical difficulty or unnecessary hardship. The Planning and Zoning
Commission shall forward a recommendation to the Town Council, who shall act on the
subject of the appeal. A decision of the Council shall be final.
SECTION 12.
MAINTENANCE OF SIGNS
A. Maintenance: Each sign shall be maintained in a safe, presentable, and good condition,
including the replacement of defective parts and other acts required for the maintenance
of such sign, without altering the basic copy, design or structure of the sign. The
Building Official shall require compliance or removal of any sign determined by the
Building Official to be in violation of this Section in accordance with the enforcement
provisions set forth below.
B. Dilapidated or Deteriorated Signs: No person shall maintain or permit to be maintained
on any premises owned or controlled by him or her any sign which is in a dilapidated or
deteriorated condition as defined herein. Upon notice of violation, any such sign shall be
promptly removed or repaired by the owner of the sign or the owner of the premises upon
which the sign is located in accordance with the enforcement provisions set forth below.
SECTION 13.
VIOLATIONS
A. A person is responsible for a violation of this Ordinance if the person is: (1) the permit
holder, owner, agent, or person(s) having the beneficial use of the sign, (2) the owner of
the land or structure on which the sign is located, or (3) the person in charge of erecting
the sign.
B. It shall be unlawful for any person to erect, replace, alter, or relocate any sign within the
Town of Trophy Club, or cause the same to be done, without first obtaining a permit to
do so from the Building Official of the Town of Trophy Club, except as may be
hereinafter provided.
C. It shall be unlawful for any person to use, maintain, or otherwise allow the continued
existence of any sign for which the required permit was not obtained.
D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as
defined herein, or any sign in violation of the provisions of this Ordinance within the
Town of Trophy Club.
E. It shall be unlawful for any person to violate any term or provision of this Ordinance.
SECTION 14.
ENFORCEMENT
A. Authority: The Designated Official is hereby authorized to order the repair or removal of
any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within
the corporate Town limits of Trophy Club, in accordance with the enforcement
mechanisms set forth in this Section.
B. Notice of Violation: When the Designated Official determines that a sign located within
the corporate Town limits of Trophy Club is dilapidated, deteriorated, illegal, prohibited
or abandoned, they shall issue a notice of violation to the owner of the sign or to the
owner, occupant, or person in control of the property on which the sign is located.
1. Contents of notice of violation: The notice of violation shall contain:
a. Name of the owner, occupant, manager or other person in control of the
property.
b. Street address sufficient to identify the property on which the alleged
violation occurred.
c. Description of alleged violations and reference to the provisions of this
Ordinance 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 (1) a criminal penalty not exceeding $500 per day
for each violation, (2) the Town filing a civil action against owner seeking
injunctive relief and/or civil penalties up to $1,000 per day for each
violation.
f. Statement informing recipient of their right to appeal the decision of the
Designated Official.
2. Service of Notice of Violation: The Designated Official shall serve a written
notice of violation on the owner of the sign, or the owner, occupant, or person in
control of the property on which the sign is located. The notice of violation
should be served by either hand-delivery or by certified mail, return receipt
requested. Service by certified mail shall be effective three (3) days after the date
of mailing.
SECTION 15.
ENFORCEMNT REMEDIES
A. Criminal Penalties: Any person, firm or corporation violating any of the provisions or
terms of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof, be subject to a fine not exceeding $2,000 for each offense, and each and every
day or portion thereof that such violation shall continue shall constitute a separate
offense.
B. Civil Remedies: The Town may file a civil action in State District Court to enforce the
requirements of this Ordinance, seeking injunctive relief and/or civil penalties up to
$1,000 per day for each offense as authorized by Subchapter B of Chapter 54 of the
Texas Local Government Code, as amended, or any other applicable law.
C. Emergency Removal of Sign: The Town may remove a sign, which the Designated
Official finds to be an immediate and imminent threat to the public safety because of its
dilapidated, deteriorated or structural condition.
D. Remedies Cumulative: All remedies authorized under this Ordinance 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
Ordinance nor shall the filing of a civil action preclude the pursuit of any other action or
remedy, administrative or criminal.”
SECTION 16.
PROHIBITION
A. All signs not specifically authorized herein are prohibited.
1. Obsolete Signs: No person shall erect or allow to be displayed upon premises
owned or controlled by them, an obsolete sign.
2. Obstructing Signs: No person shall erect or allow to be displayed upon premises
owned or controlled by them, a sign that prevents free ingress to or egress from
any door, window or fire escape.
3. Signs displaying materials determined to be obscene by a court of law.
4. Signs placed in any location which by reason of their location will obstruct the
view of any authorized traffic sign, signal, or other traffic control device by
vehicular or pedestrian traffic. No sign shall be erected which, by reason of
shape, color, size, design or position, would be reasonably likely to create
confusion with, to be confused as, or to interfere with any traffic signal or device
which is authorized by the appropriate state or local governmental authorities.
Further, no sign shall be placed in a location that will obstruct vision of a vehicle
operator while entering, exiting, or traveling upon the public right-of-way
5. Signs placed so as to prevent or inhibit free ingress to or egress from any door,
window, or any exit way required by the Building Code of the Town of Trophy
Club or by Fire Department regulations.
6. A-frame and sandwich board signs.
7. Signs located on public property, including but not limited to signs attached to
any public utility pole or structure, street light, tree, fence, fire hydrant, bridge,
curb, sidewalk, park bench, or other location on public property.
8. Roof Signs.
9. Signs attached to a standpipe or fire escape.
10. No person shall attach any sign, paper or other material, or paint, stencil or write
any name, number (except house numbers) or otherwise mark on any sidewalk,
curb, gutter, street, utility pole, public building, or structure except as otherwise
allowed by this Ordinance.
11. Off-premise signs.
SECTION 17.
GRAFFITI; NOTICE OF VIOLATION
A. Graffiti Prohibited: The Owner of any property in the Town commits an offense if the
Owner fails to remove all graffiti from the property that is visible from any public
property, easement or right-of-way, unless the graffiti was created or placed on the
property with the Owner’s consent and does not violate the Town’s sign regulations or
any applicable ordinance, regulation or state or federal law.
B. Notice: Before issuing a citation for a violation of this Ordinance, the Designated
Official shall serve an Owner with written notice to remove the graffiti from the property
within twenty-one (21) calendar days from the date the notice is served. The notice may
be served by hand-delivery to the Owner or by depositing the same in the United States
Postal Service certified mail, return receipt requested, addressed to the Owner at the
Owner’s address as shown on the most recent certified tax roll of the Town. If the Owner
cannot be located and the notice is returned undelivered by the United States Postal
Service, then the Owner may be notified by:
1. Publication two (2) times within ten (10) consecutive days in the Town’s official
newspaper; or
2. Posting the notice on or near the front door of each building on the premises to
which the violation relates; or
3. Posting the notice on a placard attached to a stake driven into the ground on the
premises to which the violation relates, if the premises do not contain a building.
C. The twenty-one (21) calendar days referenced in Section 19(B) hereof shall be counted as
follows:
1. From the date the notice is personally served on the Owner; or
2. From the sixth day after the date the notice is placed in the United States certified
mail; or
3. If the Owner cannot be found or in the event the notice is returned by the United
States Postal Service, from the date the notice is:
a. Published for the second time in accordance with Section 19 (B)(1); or
b. Posted in accordance with Section 19 (B)(2) and (3).
D. Defenses: It is a defense to prosecution under paragraph 1 of this Section 19 that:
1. No notice was served on the Owner in compliance with this Ordinance;
2. The Owner has removed the graffiti from the property in question three (3) or
more times within the twelve (12) month period preceding the date of the citation;
or
3. Before being issued a citation, the Owner gave the Designated Official written
authorization to allow persons to enter onto the property and remove the graffiti
pursuant to a volunteer or community service program approved by the
Designated Official in which the Owner is eligible to participate.
E. Notice to Governmental Entities: The Designated Official shall notify the Town and any
other governmental entity whenever property owned by or under control of the Town or
governmental entity contains graffiti in violation of this Ordinance. The Town or any
other governmental entity shall remove any such graffiti from its property within twenty-
one (21) days from the date of the notice.
SECTION 18.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the
provisions of such Ordinances except for those instances where there are direct conflicts with the
provisions of this Ordinance; provided, however, that Ordinance No. 2004-02 P&Z is hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that
are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent
with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2004-02 P&Z on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance
and for that purpose the Ordinance shall remain in full force and effect.
SECTION 19.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting sign regulations
which have secured at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but may
be prosecuted until final disposition by the courts.
SECTION 20.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 21.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 22.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 23.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 24.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this _______________ day of February, 2005.
_______________________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 2-7-2005
Subject: Agenda Item No.F.2
Adjourn.
(dc)