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ORD 1992-12I0 ORDS. 1994-20 (10/18/94) NOW TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 92-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ESTABLISHING SIGN REGULATIONS; PROVIDING DEFINITIONS; PROVIDING REGULATIONS RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE AND DURATION OF USE OF SIGNS; ESTABLISHING STANDARDS IN THE USE OF POLITICAL, REAL ESTATE, SALE, PROTECTIVE, COMMERCIAL AND OTHER SIGNS; PROVIDING A PROCEDURE FOR A MERITORIOUS EXCEPTION TO THIS ORDINANCE; PROHIBITING THE ERECTION OF ANY SIGN NOT OTHERWISE AUTHORIZED AND PROVIDING THAT SIGNS PERMANENTLY AFFIXED TO THE GROUND ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL CONSTITUTE VALID, NON- CONFORMING SIGNS; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE NOS. 90--18, 91-06 AND 91- 07 RELATING TO SIGNS FOR THE PURPOSE OF COMBINING THE SAID ORDINANCES HEREIN WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1,00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") recognizes the importance of freedom of speech as guaranteed by the First Amendment to the United States Constitution; and WHEREAS, the Town Council finds and recognizes that any regulation of speech must be reasonable and advance a legitimate governmental interest; and WHEREAS, the Town Council desires to restrict the 'visual blight and reduce the traffic hazards caused by the erection of signs; and WHEREAS, the Town Council has heretofore adopted Ordinance Nos. 90-18, 91-06 and 91-07 relating to signs, and it is the intent of the Council, by the adoption of this Ordinance, to combine Ordinance Nos. 90-18, 91-06 and 91-07 into this Ordinance without effecting a substantive change in the law; and WHEREAS, the Town Council finds that the sign regulations outlined herein are in the best of interest of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: -1- Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. Definitions. The following terms shall have the respective meanings ascribed to them: A. "Nameplate signs" means a permanent sign affixed to the exterior wall of a building, giving the name and/or address of the owner or occupant of a building or premises in which it is located, and, when applicable, a professional status. B. "On -premises signs" means a permanent sign which directs attention to a business or profession conducted, or to a commodity or service sold or offered, on the premises where the sign is located or to which it is affixed. C. "Real estate signs" means a temporary sign supported by the ground pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof located thereon. Said sign shall be removed upon the sale or lease of the property. D. "Political signs" means a temporary sign attached to or supported by the ground, that is in support of a candidate for elected public office or is in support of or in opposition to any proposition that is on the election ballot of an election duly called. E. "Portable sign" means any temporary sign supported by the ground but not attached to the ground, which can be regularly moved from a location at periodic intervals, and is used for advertising purposes connected to, adjacent to or in close proximity of the business or other establishment that is being advertised. Includes signs mounted on trailers and sandwich board signs, but does not include governmental signs, political signs or real estate signs as described in Section 6 of this Ordinance. F. "Protective sign" means any sign which is commonly associated with safeguarding the safety and security of the permitted uses of a premises, including, but not limited to, "Beware of Dog," "No Trespassing" and "No Solicitors." G. "Premises" means a lot or unplatted tract, or a combination of contiguous lots or unplatted tracts if the lots or tracts, or combination thereof, is under a single ownership as reflected in the plat or real estate records of the Town of Trophy Club or of Denton or Tarrant Counties. Multitenant locations shall be considered as one (1) tract. H. "Sign" means any device, flag, light, picture, letter, word, message, symbol, plaque, banner or poster visible from outside the premises or structure on which it is located. -2- I. "Vehicular signs" means any sign on or in a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection or lettering of company vehicle that advertises only the company name and address. J. "Wall sign" means any sign attached or affixed parallel or flat to an exterior wall surface of a building and does not extend or project more than twelve inches from the wall. K. "Projection sign" means a sign which is attached or affixed to a building, wall or structure other than a pole, and extends or projects more than twelve inches from the wall. L. "Canopy sign" means a sign which is structurally part of a canopy. M. "Window sign" means a sign painted on or permanently affixed to a window or window area. N. "Roof sign" means any sign supported by the roof of a building or placed above the apparent flat roof or eaves of a building as viewed from any elevation. O. "Monument sign" means a sign not wholly supported on a building, or which has the ground as its supporting structure, also known as a ground sign (other than a pole sign and a portable sign). P. "Pole sign" means a sign supported by and placed upon poles or standards for support, also known as a pylon sign. Q. "Permanent sign" means all signs are considered to be permanent unless otherwise stipulated to be temporary by this Ordinance or deemed to be temporary by the Designated Official. R. "Designated official" means the Town Manager or the employee or official of the Town to whom the authority for enforcement of certain provisions of this Ordinance is delegated by the Town Manager. Reference is made to the schematic representation attached hereto as Exhibit A for explanation and clarification of the categories of signs defined hereinabove. Section 3. General Standards. A. Height of Signs - Sign height shall be measured from ground level at the base of or below the sign to the highest part of the sign. B. Building and Electrical Codes Applicable - All signs must conform to the regulations and design standards of the Building -3- Code and other ordinances of the Town. Wiring of all electrical signs must conform to the Electric Code of the Town. C. Illuminated Signs - Signs shall be shaded wherever necessary to avoid casting a bright light upon property located in any residential district or upon any public street or park. Any sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated. No neon or any other similar type signs will be permitted. Signs, except those required for security, shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. D. Flashing or Moving Signs - No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. E. Accessway or Window - No sign shall block any required accessway or window. F. Signs on Trees or Utility Poles - No sign shall be attached to a tree, utility pole, or fence post whether on public or private property. G. Whenever, a sign is damaged by wind, is inadequately maintained, the construction is faulty, or it is damaged by any other cause, it shall be considered a public nuisance and the owner shall be required to repair such sign substantially to its original condition as determined by the 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 per cent (60%) of the cost of erecting a new sign of the same type at the same location. Section 4. Traffic Safety. A. No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. B. No sign shall be located in any vision triangle formed by the center lines of any two intersecting streets. At any intersection where at least one of the intersecting streets is an arterial street (as defined in the Thoroughfare Plan of the Town) the sides of the triangle formed by the center lines of the intersecting streets shall be 120 feet in length as measured -4- outward from the point of intersection of such center lines. At all other intersections, each of such sides shall be 80 feet in length. Section 5. Political Signs. A. Placement• Removal• Appeal from Notice to Remove - Temporary political signs, irrespective of the provisions of any other ordinance or ordinances of the Town, may be placed on private property provided the Designated Official does not conclude that the placement of same constitutes a traffic hazard or endangers the health, safety, morals and general welfare of the citizens of the Town. The Designated Official may direct any such sign to be removed. The occupant may appeal the decision of the Designated Official to the Town Council by submitting a written appeal to the Town Secretary within two (2) days of receipt of notice to remove. The Town Council's decision shall be final. No political signs may be erected on public rights-of-way. No signs may be erected on vacant lots or tracts unless written permission has been given by the property owner. Political signs may be erected 7 days in advance of the election and must be removed within 3 days following the election. B. Location and Size - A temporary political sign may be erected in the required front yard of a dwelling no closer than ten (10) feet to any street curb line, provided that only one (1) sign per candidate or issue not exceeding three (3) square feet and three (3) feet in height, as measured from the ground, may be erected. No more than two (2) of such signs shall be erected on any zoning lot. C. Removal Period• Procedure in Event of Non -Removal - All political signs shall be removed within a period not to exceed three (3) days after the election for which the sign was placed. Failure to remove said sign within the stated period shall give the Designated Official the authority to remove said sign and to affix a lien against the property for the reasonable cost of removal. In order to affix a lien against the property, the Designated Official shall follow the provisions outlined in Chapter 342, Texas Health and Safety Code (Sections 342.001 et. seq.), as amended, and such provisions are adopted and incorporated herein as if set forth herein in their entirety. Section 6. Real Estate Signs - Real estate signs are authorized to be erected, in addition to permanent signage, in accordance with the following provisions: A. Real estate signs include: (1) real estate advertising signs that advertise a builder, developer, owner, or realtor by showing a name, address, and/or telephone number for the purpose of selling or renting a particular property on which the sign is placed; -5- (2) "open house" signs indicating that a house on the lot on which the sign is placed is available for viewing by the public; and (3) directional signs showing arrows or other means of locational direction. B. The following regulations shall apply to all real estate signs: (1.) Signs shall be limited to four ( 4 ) square feet in area on each side. Signs larger than four (4) square feet shall be considered as being commercial signs and shall be subject to Section 8 of this Ordinance. (2) Signs shall be temporary and will be removed upon sale or rental of property. (3) The maximum height of such signs shall not exceed four (4) feet, as measured from the ground. (4) Real estate signs (including advertising, "open house" and directional signs, as categorized in Section 6.A above) 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(b)(7) hereof) per lot. On lots which adjoin a golf course, one additional real estate advertising sign may be placed to face the golf course. (5) A maximum of three (3) directional signs may be placed off-site for each premises (whether one or more lots or tracts) offered for sale or lease. (6) Except as provided in paragraph B.(4) above, all real estate advertising signs shall be located in the front yard or side yard adjacent to the street. The edge of any real estate advertising sign shall be placed no closer than ten (10 ) feet from the street curb or edge of pavement. In the event such sign is not in compliance, the Town may remove the sign. (7) "Open house" signs and diretional signs located off premises for unoccupied houses shall be permitted only between the hours of 8:00 A.M. on Saturday through 8:00 P.M. on Sunday. The edge of any "open house" or directional sign shall be placed no closer than three (3) feet from the street, curb or edge of pavement. In the event such sign is not in compliance, the Town may remove the sign. (8) Signs shall be constructed of all weather durable material, painted appropriately and maintained in good condition. Any sign that is dented, faded or unclean -6- shall be replaced. In the event such sign is not replaced, the Town may remove the sign. (9) Real estate signs may not, at any time, be placed in the medians of Trophy Club Drive, Trophy Lake Drive, Trophy Wood Drive or Indian Creek Drive. section 7. Provisions for all Areas and Zoning Districts - The following provisions shall apply to all areas and zoning districts of the Town: A. Government Signs - Nothing in this ordinance shall be construed to prevent the display of a national or state flag, or to limit flags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. H. Address numerals and other signs required to be maintained by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. C. The occupant of a premises may erect not more than two (2) protective signs in accordance with the following provisions: (1) Each sign must not exceed one (1) square foot in effective area; (2) Detached signs must not exceed two (2) feet in height; and (3) Letters must not exceed four (4) inches in height. D. Temporary holiday decorations are permitted. E. Vehicular signs are prohibited. However, vehicular signs shall be allowed on construction trailers, on construction sites and signs on transport vehicles being loaded or unloaded and passenger vehicles parked at the owner's or users place of residence or business. Section 8. Commercial Signs. Signs used for the purpose of identification, advertisement and for marketing of professions, services, or products shall be subject to the following provisions. In addition, non-commercial signs used for schools, churches, governmental establishments and similar charitable, religious, educational or eleemosynary institutions shall also be subject to the following provisions: A. Signs in areas zoned "CG - Commercial General", "CR - Commercial Recreation", "GU - Governmental Use", or located within a Planned Development district or used for commercial purposes shall be on -premises signs. -7- B. Number of Signs Permitted: The number of signs permitted on premises shall be: (1) Nameplate Signs: One (1) per lease space. (2) Monument Signs: One (1) per premises (not allowed if pole sign is erected on site). (3) Wall Signs: One (1) sign for each exterior wall which exceeds 200 square feet, but not to exceed a total of three signs per premises. (4) Roof Signs: Not permitted. (5) Pole Signs: One (1) per premises (not allowed if a monument sign is erected on site). (6) Projection Signs: Not permitted. (7) Window Signs: Not permitted. (8) Canopy Signs: Not permitted. (9) Billboard: Permitted only along S.H. 114 upon special permit recommended by Planning and Zoning Commission and approved by Town Council. (10) Portable Signs: Not permitted. C. Maximum Gross Surface Area: The face of each sign shall not exceed the following gross surface area: (1) Nameplate Signs: Two (2) square feet. (2) Monument Signs: Twenty-four (24) square feet. (3) Wall Signs: Six (6) square feet per sign. (4) Window Signs: Not permitted. (5) Canopy Signs: Not permitted. (6) Roof Signs: Not permitted. (7) Pole Signs: Twenty-four (24) square feet. (8) Projection Signs: Not permitted. (9) Billboard: As approved by the Town Council upon recommendation by the Planning and Zoning Commission. (10) Portable signs: Not permitted. -8- D. The height of monument or pole signs shall not exceed four (4) feet from average ground level. E. No commercial sign shall be allowed which is painted on the wall of any building or to any part of a building. F. Signs owned, constructed and used by the Town to provide information, direction and enforcement shall be exempt from these requirements. following isigns shallnot equine asign Permissible Signs �°""•,Requiring ,.•.,,_Permits. The ng permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibilities of its erection and maintenance, and its compliance with the provisions of this Ordinance or any other law or code regarding the same; (1) Nameplate Signs: As permitted in Section 8. (2) Real Estate Signs: Although a sign permit will not be required, notification to the Town and property owners must be provided as indicated in Section 6. (3) Holiday Decorations: Signs or materials displayed in a temporary manner on or prior to traditional, civic, patriotic or religious holidays. (4) 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. (5) 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 specially designed for use of replaceable copy. (6) Political Signs: As permitted in Section 5. (7) Internal Signs: Signs visible only from the premises on which located or visible off the premises only through a window or windows from which they are set back at least ten (10) feet. (8) Government Signs: Signs posted by duly constituted governmental authorities in pursuance of their public duties. (9) Memorial Sign: Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. (10) National and/or State Flag: Display of flags is permitted. (11) Other Signs: As and to the extent permitted by Section 7 of this ordinance. Section 10. Permit Requirements. Except as herein provided, no permanent sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. A. 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. Such application shall contain the location by street and address number of the proposed sign structure, height, area, sign function, as well as the name, address and phone number of the owner and sign contractor or erector. 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. B. Termination of Permit: A sign permit may be terminated in accordance with the following provisions: (1) A permit shall be active for the life of the sign, as long as it is in compliance with this Ordinance. (2) A permit shall be terminated if the sign for which it has been issued has not been constructed within one year from the date of issuance. (3) A permit issued for any sign and its supporting structures shall automatically terminate in the event the sign shall fail and not be corrected within 60 days. (4) A permit issued for any sign including its supporting structure shall automatically terminate in the event the sign shall fail and not be corrected within 60 days. C. 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. Nonconformina Uses. A. Any sign that does not conform to the regulations stated herein shall be deemed a nonconforming sign and shall be subject to the provision of Section 3.G, of this Ordinance. It is the declared purpose of this section that nonconforming signs and signs directing attention to nonconforming uses eventually discontinue and the signage comply with the regulations stated herein, having due regard for the investment in such signs. -10- 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 which (1) are 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, to be removed upon and subject to compliance with Chapter 216, Texas Local Government Code. D. Any lawfully existing nonconforming use or building may erect and maintain a sign in accordance with the regulations contained herein. Section 12. 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 shall hear and shall seriously and fairly consider a request for a meritorious exception under this Section 12.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 with the Town Manager within ten (10) days after the action of the Designated Official which is the subject of the appeal, and enforcement of this Ordinance shall be stayed pending such appeal. In hearing such appeals, the Council shall review the determination of the Designated Official and, in so doing, may consider whether or not the regulations and standards of this Ordinance will, by reason of exceptional, circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. A decision of the Council shall be final. -11- Section 13. Prohibition. All signs not specifically authorized herein are prohibited. The Designated Official shall have the authority to remove any sign in violation of this Ordinance which is not permanently affixed to the ground on the effective date of this Ordinance. Section 14. Savings; Repealer. That this Ordinance shall be cumulative of all other ordinances of the Town affecting signs and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance Nos. 90-18, 91-06 and 91-07 are hereby repealed in their entirety, but provided that 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 the said repealed Ordinances shall continue to be governed by the provisions of those Ordinances and for that purpose those Ordinances shall be deemed to remain and continue in full force and effect. Section 15. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto, any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 16. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 17. Effective Date. That this Ordinance shall become effective from and after its date of passage and publication as required by law. 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