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ORD 2008-15TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2008-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, ENTITLED "GENERAL LAND USE", ARTICLE IV, ENTITLED "SIGN REGULATIONS"; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO SECTION "SECTION 4.01 "DEFINITIONS"; PROVIDING FOR AMENDMENTS TO SECTION 4.03 ENTITLED "GENERAL STANDARDS"; PROVIDING FOR AMENDMENTS TO SECTION 4.06 ENTITLED "COMMERCIAL AND INSTITUTIONAL SIGNS" SUBSECTION B ENTITLED "MISCELLANEOUS SIGN REGULATIONS" PROVIDING A SAVINGS AND REPEALER 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council agrees with the American Society of Landscape Architects determination that outdoor advertising signs tend to deface nearby scenery, whether natural or built, rural or urban; and WHEREAS, the Town Council agrees with the courts that have recognized that outdoor advertising signs tend to interrupt what would otherwise be the natural landscape as seen from the highway, whether the view is untouched or developed and that it would be unreasonable and illogical to conclude that an area is too unattractive to justify aesthetic improvement; and WHEREAS, the Town Council has determined that outdoor advertising signs, including changeable electronic variable message signs, pose a distraction to drivers, bikers and pedestrians from the roadway; and WHEREAS, the Town Council has determined that in order to preserve and enhance the Town as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and these regulations are a highly contributive means by which to achieve this desired end and have been prepared with the intent of enhancing the visual environment of the Town and promoting safety and continued well-being; and WHEREAS, the Town Council has determined that off -premise signs, commonly known as billboards, are inconsistent with the above -stated goals and that their regulation is necessary to protect the health, safety and welfare of the public; and WHEREAS, the Town Council has determined that changeable electronic variable message signs are inconsistent with the above -stated goals and that their regulation is necessary to protect the health, safety and welfare of the public; and WHEREAS, the City Council finds that the regulation of signage within the Town and its ETJ is a general function of the Town Council; and WHEREAS, the Town Council hereby finds that the amendment of Sections 4.01, 4.03, and 4.06 of Article IV, Chapter 5, of the Code of Ordinances as further specified herein serves the public health, safety, and welfare and therefore is in the best interest of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article IV entitled "Sign Regulations" of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended to revise Section 4.01 entitled "Definitions" to add the following terms to be inserted in alphabetical order within the current list of definitions: "Changeable Electronic Variable Message Sign (CEVMS): A sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices, as amended. " 2.02 Article IV entitled "Sign Regulations" of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended to revise Section 4.01 entitled "Definitions" to delete the definition for "Electronic Display Sign" and to adopt the following definition for "Electronic Message Board" and to be inserted in alphabetical order within the current list of definitions: "Electronic Message Board: A sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The term includes a Programmed Electronic Display" 2.03 Article IV entitled "Sign Regulations' of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended so that various subsections in current Section 4.03 entitled "General Standards' are renumbered as follows: Subsection "A" entitled "Height of Signs' is renumbered to be Section "B" entitled "Height of Signs'; Subsection B entitled 'Building and Electrical Codes Applicable" is renumbered to be Section "C" entitled "Building and Electrical Codes Applicable"; Subsection "C" entitled 'Illuminated Signs' is renumbered to be Section "D" entitled 'Illuminated Signs' Subsection "D" regulating Governmental Signs, Addresses, Protective Signs, Temporary holiday decorations and vehicular signs is renumbered to be Section "E" regulating Governmental Signs, Addresses, Protective Signs, Temporary holiday decorations and vehicular signs. All regulations contained within the foregoing enumerated sections remain unaltered in full force and effect, and except for renumbering, are not affected by this amendment. 2.04 Article IV entitled "Sign Regulations' of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended so to revise Section 4.03 entitled "General Standards' to add the following sections: A. Purpose / Applicability. The purpose of this Article is to protect those areas both within the corporate limits and within the extraterritorial jurisdiction of the Town from visual clutter and safety hazards resulting from driver distraction. The regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. F. Billboard Signs - CEVMS. Pursuant to Section 4.06 (B), Billboard Signs are not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the Town Council upon recommendation of the Town Planning and Zoning Commission. The erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the extraterritorial jurisdiction of the Town is hereby expressly prohibited. G. CEVMS or Electronic Message Board Signs. For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. 2.05 Article IV entitled "Sign Regulations" of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended to revise Subsection B entitled "Miscellaneous Sign Regulations of Section 4.06 entitled "Commercial and Institutional Signs" to delete the regulations relating to "Programmed Electronic Display" and to add the following: Sign Type Number Size & Height Duration Zoning District "Electronic 1 per premise 50 sq. ft, 4 ft Life of All Message with approval of Permit Districts" Boards the Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards 2.06 Article IV entitled "Sign Regulations" of Chapter 5, entitled "General Land Use" of the Code of Ordinances of the Town is hereby amended to revise Subsection B entitled "Miscellaneous Sign Regulations of Section 4.06 entitled "Commercial and Institutional Signs" to add the following regulations relating to CEVMS: Sign Type Number Size & Height Duration Zoning District "CEVMS 1 per premise 50 sq. ft. 4 ft. Life of All with approval of Permit Districts" the Town Council upon recommendation SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Sign Regulations and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. 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 and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand of the Planning and Zoning Commission; Not allowed on Billboards SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Sign Regulations and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. 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 and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. 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 of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law. and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19`h day of May, 2008. ATTEST: town Secretary Town of Trophy Club, Texas [SEAL] Qtac ft&pj-�L-� Town Attorney Town of Trophy Club, Texas Mayor, Nick Sanders Town of Trophy Club, Texas