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Agenda Packet P&Z 01/26/2005Planning & Zoning Commission Page 1 of 75 26 January 2004 Town of Trophy Club Planning & Zoning Commission Regular Session Agenda 100 Municipal Drive Trophy Club, Texas 76262 Wednesday, January 26, 2005 7:00 P.M. A.1 Call to order and announce a quorum. B.1 PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071 (a) & (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. (1) Legal advice relative to Proposed Sign Ordinance. (2) Legal advice relative to Scope of Planning & Zoning Commission Authority. (3) Legal advice relative to Open Meetings Act and Voting C.1 Discuss and take appropriate action relative to an Ordinance repealing Town Ordinance No. 2004-02 P&Z, and adopting new provisions relating to Sign Regulations. D.1 Review and approve minutes. A. 18 November 2004 B. 2 December 2004 E.1 Adjournment. Planning & Zoning Commission Page 2 of 75 26 January 2004 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-26-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (kcf) Planning & Zoning Commission Page 3 of 75 26 January 2004 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-26-2005 Subject: Agenda Item No.B.1 PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071 (a) & (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. (1) Legal advice relative to Proposed Sign Ordinance (2) Legal advice relative to Scope of Planning & Zoning Commission Authority (3) Legal advice relative to Open Meetings Act and Voting (kcf) Planning & Zoning Commission Page 4 of 75 26 January 2004 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-26-2005 Subject: Agenda Item No.C.1 Discuss and take appropriate action relative to an Ordinance repealing Town Ordinance No. 2004-02 P&Z, and adopting new provisions relating to Sign Regulations. STAFF COMMENTS: Attached you will find two versions of the proposed sign ordinance. One is in Legislative Format and the second is in final form (both are the same). Prior to discussion, Patricia Adams, Town Attorney will address this agenda item with the Commission. (kcf) Planning & Zoning Commission Page 5 of 75 26 January 2004 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 Planning & Zoning Commission Page 6 of 75 26 January 2004 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. Planning & Zoning Commission Page 7 of 75 26 January 2004 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 Planning & Zoning Commission Page 8 of 75 26 January 2004 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. Planning & Zoning Commission Page 9 of 75 26 January 2004 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. Planning & Zoning Commission Page 10 of 75 26 January 2004 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”. Planning & Zoning Commission Page 11 of 75 26 January 2004 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. Planning & Zoning Commission Page 12 of 75 26 January 2004 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. Planning & Zoning Commission Page 13 of 75 26 January 2004 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 Planning & Zoning Commission Page 14 of 75 26 January 2004 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. Planning & Zoning Commission Page 15 of 75 26 January 2004 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. Planning & Zoning Commission Page 16 of 75 26 January 2004 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. Planning & Zoning Commission Page 17 of 75 26 January 2004 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. Planning & Zoning Commission Page 18 of 75 26 January 2004 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. Planning & Zoning Commission Page 19 of 75 26 January 2004 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. Planning & Zoning Commission Page 20 of 75 26 January 2004 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. Planning & Zoning Commission Page 21 of 75 26 January 2004 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 Planning & Zoning Commission Page 22 of 75 26 January 2004 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. Planning & Zoning Commission Page 23 of 75 26 January 2004 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. Planning & Zoning Commission Page 24 of 75 26 January 2004 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 Planning & Zoning Commission Page 25 of 75 26 January 2004 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 P a g e 2 6 o f 7 5 Si g n a g e C r i t e r i a Si g n Cl a s s i f i c a t i o n Nu m b e r o f Si g n s P e r m i t t e d Ma x i m u m G r o s s Su r f a c e A r e a Time Period Pr o g r a m m e d E l e c t r o n i c Di s p l a y On e ( 1 ) p e r p r e m i s e s Fi f t y ( 5 0 ) s q u a r e f e e t Li f e o f t h e p e r m i t Si g n , A w n i n g No t p e r m i t t e d N/ A N/ A Si g n , B a n d i t No t p e r m i t t e d N/ A N/ A Si g n , B a n n e r On e ( 1 ) p e r p r e m i s e s o r l e a s e s p a c e no m o r e t h a n t w o ( 2 ) t i m e s a n n u a l l y as a p p r o v e d b y P l a n n i n g & Z o n i n g Co o r d i n a t o r Th i r t y -si x ( 3 6 ) s q u a r e f e e t Fo r t y -fi v e ( 4 5 ) d a y s Si g n , B i l l b o a r d On e ( 1 ) s i g n a l o n g S t a t e H i g h w a y 11 4 o n l y As a p p r o v e d b y t h e T o w n C o u n c i l up o n r e c o m m e n d a t i o n f r o m t h e Pl a n n i n g & Z o n i n g C o m m i s s i o n b y wa y o f a s p e c i a l u s e p e r m i t To b e d e t e r m i n e d b y t h e To w n C o u n c i l upon re c o m m e n d a t i o n f r o m Pl a n n i n g & Z o n i n g Co m m i s s i o n Si g n , B u i l d e r / Co n t r a c t o r Tw o ( 2 ) p e r p r e m i s e Si x ( 6 ) s q u a r e f e e t Sh a l l b e r e m o v e d u p o n t h e sa l e , l e a s e o r r e n t a l o f t h e pr o p e r t y Si g n , B u l l e t i n B o a r d On e ( 1 ) p e r s u b d i v i s i o n As a p p r o v e d b y t h e T o w n C o u n c i l up o n r e c o m m e n d a t i o n f r o m t h e Pl a n n i n g & Z o n i n g C o m m i s s i o n b y wa y o f a s p e c i a l u s e p e r m i t To b e d e t e r m i n e d b y t h e To w n C o u n c i l u p o n re c o m m e n d a t i o n f r o m Pl a n n i n g & Z o n i n g Co m m i s s i o n Si g n , C o n s t r u c t i o n On e ( 1 ) p e r p r o j e c t Th i r t y -tw o ( 3 2 ) s q u a r e f e e t Co m p l e t i o n o f t h e p r o j e c t Si g n , S e r v i c e Co n t r a c t o r No l i m i t t o t h e n u m b e r o f c o n t r a c t o r se r v i c e s i g n s o n a p r e m i s e s , pr o v i d e d t h a t t h e t o t a l c o m b i n e d sq u a r e f o o t a g e d o e s n o t e x c e e d t h e gr o s s m a x i m u m s q u a r e f o o t a g e a s Si x ( 6 ) s q u a r e f e e t t o t a l Co m p l e t i o n o f t h e p r o j e c t P a g e 2 7 o f 7 5 pe r m i t t e d f o r c o n t r a c t o r s e r v i c e si gn s b y t h i s o r d i n a n c e Si g n , D e v e l o p m e n t On e ( 1 ) p e r d e v e l o p m e n t Fi f t y ( 5 0 ) s q u a r e f e e t Ni n e t y p e r c e n t ( 9 0 % ) o f a l l lo t s / h o u s e s s o l d Si g n , D i r e c t i o n a l Pe r m i t t e d Si x ( 6 ) s q u a r e f e e t Li f e o f t h e p e r m i t Si gn ( D i r e c t i o n a l Te m p o r a r y R e a l Es t a t e ) Th r e e ( 3 ) o f f -si t e f o r e a c h l o t o r pr e m i s e Si x ( 6 ) s q u a r e f e e t Be t w e e n t h e h o u r s o f n o o n Fr i d a y t h r o u g h n o o n M o n d a y Si g n , F e n c e No t p e r m i t t e d N/ A N/ A Si g n , F l a s h i n g No t p e r m i t t e d N/ A N/ A Si g n , G o v e r n m e n t As r e q u i r e d As r e q u i r e d As r e q u i r e d Si g n , I n f l a t a b l e On e ( 1 ) p e r p r e m i s e s As a p p r o v e d b y t h e T o w n C o u n c i l up o n r e c o m m e n d a t i o n f r o m t h e Pl a n n i n g & Z o n i n g C o m m i s s i o n b y wa y o f a s p e c i a l u s e p e r m i t To b e d e t e r m i n e d b y t h e To w n C o u n c i l u p o n re c o m m e n d a t i o n f r o m Pl a n n i n g & Zoning Co m m i s s i o n Si g n , M o d e l H o m e On e ( 1 ) p e r e a c h m o d e l h o m e Si x t e e n ( 1 6 ) s q u a r e f e e t Sh a l l b e r e m o v e d u p o n t h e sa l e , l e a s e o r r e n t a l o f t h e pr o p e r t y Si g n , M o n u m e n t On e ( 1 ) m o n u m e n t s i g n p e r e n t r y t o a p r e m i s e Fi f t y ( 5 0 ) s q u a r e f e e t p e r s i g n Li f e of t h e p e r m i t Si g n , N a m e p l a t e On e ( 1 ) p e r l e a s e s p a c e Tw o ( 2 ) s q u a r e f e e t Li f e o f t h e p e r m i t Si g n , P o l e P e r m a n e n t No t p e r m i t t e d N/ A N/ A Si g n , P o l e T e m p o r a r y On e ( 1 ) p e r p r e m i s e o r l o t Th i r t y -tw o ( 3 2 ) s q u a r e f e e t Si x ( 6 ) m o n t h s Si g n , P o l i t i c a l No m o r e t ha n o n e ( 1 ) s i g n f o r e a c h po l i t i c a l c a n d i d a t e o r i s s u e o n t h e el e c t i o n b a l l o t s h a ll b e e r e c t e d o n an y z o n i n g l o t o r o t h e r p a r c e l o f la n d . No n -Re s i d e n t i a l / U n p l a t t e d Pr o p e r t y : U n l i m i t e d , p r o v i d e d t h e mi n i m u m d i s t a n c e b e t w e e n Th i r t y -si x ( 3 6 ) s q u a r e f e e t Se v e n ( 7 ) d a y s p r i o r t o t h e el e c t i o n a n d t h r e e ( 3 ) d a y s fo l l o w i n g t h e c o n c l u s i o n o f th e e l e c t i o n P a g e 2 8 o f 7 5 id e n t i c a l s i g n s i s t w e n t y f iv e f e e t (2 5 ’ ) Si g n , P o r t a b l e On e ( 1 ) p e r p r e m i s e o r l o t Fo r t y ( 4 0 ) s q u a r e f e e t Th i r t y ( 3 0 ) d a y s Si g n , P r o t e c t i v e Tw o ( 2 ) p e r p r e mi s e s Re f e r t o S e c t i o n 7 ( 3 ) ( a ) ( b ) ( c ) Li f e o f t h e s t r u c t u r e Si g n , P r o j e c t i n g No t p e r m i t t e d N/ A N/ A Si g n , R e a l E s t a t e Re f e r t o S e c t i o n 6 Re f e r t o S e c t i o n 6 Sh a l l b e r e m o v e d u p o n t h e sa l e , l e a s e o r r e n t a l o f t h e pr o p e r t y Si g n , R i d e r On e ( 1 ) p e r s i g n Re fe r t o S e c t i o n 6 ( 2 ) ( a ) Sh a l l b e r e m o v e d u p o n t h e sa l e , l e a s e o r r e n t a l o f t h e pr o p e r t y Si g n , R o o f No t p e r m i t t e d N/ A N/ A Si g n , W i n d o w No l i m i t t o t h e n u m b e r o f w i n d o w si g n s p r o v i d e d t h e t o t a l c o m b i n e d sq u a r e f o o t a g e d o e s n o t e x c e e d t h e gr o s s m a x i m u m s q u ar e f o o t a g e a s pe r m i t t e d f o r w i n d o w s i g n s b y t h i s or d i n a n c e Tw e n t y -fi v e ( 2 5 % ) p e r c e n t o f t h e vi s i b l e w i n d o w a r e a a v a i l a b l e i n t h e ab s e n c e o f a n y s i g n s Li f e o f t h e p e r m i t Si g n , W a l l On e ( 1 ) p e r l e a s e s p a c e Fo r t y s q u a r e f e e t (4 0 ’ ) o r t h e p r o d u c t of t w o t i m e s t h e l i n e a l w i d t h o f t h e wa l l , w h i c h e v e r i s g r e a t e r . W a l l si g n s s h a l l n o t e x c e e d s e v e n t y -fi v e pe r c e n t ( 7 5 % ) o f th e w i d t h o r t h e he i g h t o f t h e a v a i l a b l e w a l l a r e a o r st o r e f r o n t a g e f o r a t e n a n t ’ s s p a c e . Li f e o f t h e p e r m i t Page 29 of 75 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. Page 30 of 75 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. Page 31 of 75 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 Page 32 of 75 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, Page 33 of 75 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 Page 34 of 75 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 Page 35 of 75 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 Page 36 of 75 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. Page 37 of 75 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; Page 38 of 75 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 Page 39 of 75 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] Page 40 of 75 APPROVED AS TO FORM: _____________________________________ Town Attorney Town of Trophy Club, Texas Page 41 of 75 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 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; PROVIDING FOR TRAFFIC SAFETY; PROVIDING REQUIREMENTS FOR TEMPORARY SIGNS; PROVIDING FOR COMMERCIAL AND INSTITUTIONAL SIGNS ESTABLISHING PROVISIONS 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 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 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 Page 42 of 75 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 Page 43 of 75 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. Page 44 of 75 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 Page 45 of 75 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 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. 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 “Open-House” and directional signs intended to direct persons to premises offered for lease or sale. Page 46 of 75 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 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. 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. Page 47 of 75 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 any 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 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. 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. PERMANENT POLE SIGN: Any free standing, permanent, on-premise sign supported from the ground up by upright structural members. POLE (or SIGN, 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. Page 48 of 75 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 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. 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 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. 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 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. Page 49 of 75 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 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: i. The location of the building, structure or tract to which or upon which the sign is to be attached or erected, Page 50 of 75 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 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. Page 51 of 75 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 13 – 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 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. Page 52 of 75 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 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: 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. 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. 7. Safety Hazard Prohibited: Temporary signs shall not be installed in any manner that may result in a potential safety hazard of any type. 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. Page 53 of 75 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. 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. Page 54 of 75 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. 4. Duration: Banner signs shall be permitted for no more than thirty (30) days. 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. 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 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. Page 55 of 75 d. Real estate signs as categorized in Section 6(D)1 – Temporary 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(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 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 13 – Meritorious Exception and Appeals. i. Zoning Districts: Real Estate Signs shall be allowed in all zoning districts of the Town. SECTION 8. COMMERCIAL AND INSTITUTIONAL SIGNS A. Commercial Signs and Institutional Signs shall be subject to the following provisions: Page 56 of 75 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 (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. 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 Page 57 of 75 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 Page 58 of 75 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 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. 8. Memorial Sign: Markers, plates, plaques, etc., when deemed an integral part of a structure, building or landscape. 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. 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 Page 59 of 75 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 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 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 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 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 14 – 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, Page 60 of 75 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 Page 61 of 75 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 Page 62 of 75 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 Page 63 of 75 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 18. 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 Page 64 of 75 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 19. 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. Page 65 of 75 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 20. 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. 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. Page 66 of 75 SECTION 21. 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 22. 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 23. 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 24. 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 25. 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 26. EFFECTIVE DATE Page 67 of 75 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 Page 68 of 75 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-26-2005 Subject: Agenda Item No.D.1 Review and approve minutes. A. 18 November 2004 B. 2 December 2004 (kcf) Page 69 of 75 MINUTES OF A REGULAR SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 18 NOVEMBER 2004 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session meeting 18 November 2004, at 7:00 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill excused Vice Chairman Stephens present Commissioner Bradley present Commissioner Moss present Commissioner Reed present Commissioner Rodgers excused Commissioner Sheridan excused STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Rodney Wagner Applicant/Resident A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Vice Chairman Stephens called the meeting to order at 7:00 pm, and announced a quorum was present. B.1 PRESENTATION, DISCUSSION AND APPROPRIATE ACTION RELATIVE TO A FENCE WAIVER REQUEST TO THE REQUIREMENTS SET FORTH IN TOWN ORDINANCE NO. 2002-42 P&Z, SECTION 3 ENTITLED "FENCES", SUBSECTION "B" ENTITLED "HEIGHT REQUIREMENTS", (1) PERTAINING SPECIFICALLY TO THE HEIGHT OF SIDE YARD FENCES FOR A PROPERTY LOCATED AT 16 CIMARRON DRIVE, LOT 849 OF VILLAGE WEST, SECTION "A". APPLICANT: RODNEY WAGNER (FW-04-016) Vice Chairman Stephens asked the applicant to address the Commission. Mr. Wagner stated that he had already addressed his comments in his letter of waiver request. Commissioner Bradley stated he does not see that it is an eyesore and therefore has no issue with the request. Commissioner Moss had no comments for the applicant. Commissioner Reed addressed the applicant at length and stated that he found it hard to believe the applicant had been in business for 20 years and was unaware that most Page 70 of 75 cities have fence ordinances. Also Commissioner Reed said he found it hard to believe the applicant has lived in Trophy Club for 20 years and was unaware of the Town’s fence ordinance. The fence that was built is taller than is allowed by the ordinance and is also constructed from unapproved materials. Commissioner Reed stated that people must be aware of the requirements of their City. They have to know something about rules and regulations and therefore he is unable to recommend approval. If it were to be approved, then it would just send a message to residents that they can build something, apply for a waiver and then state they were unaware of the requirements. Commissioner Moss inquired about the applicant’s proposal for a parallel fence. Commissioner Reed informed the applicant he would not be able to construct a fence close than twenty feet (20’) to the existing fence. A motion was made to recommend denial of the waiver request. Motion: Reed Second: Moss Ayes: Stephens Nays: Bradley Action: 3-1 Motion carried. Ms. Fleck informed the applicant that this item would be forwarded to the Town Council for their review 6 December 2004. The Council ultimately has final determination on this request. The Council’s decision will be final despite the Commission’s action. C.1 ADJOURNMENT. Vice Chairman Stephens adjourned the meeting at approximately 7:10 pm. ________________________________________ James Stephens, Vice Chairman (SEAL) ____________________________________________ Kerin C. Fleck, Planning & Zoning Coordinator Page 71 of 75 MINUTES OF A REGULAR SESSION FOR THE PLANNING & ZONING COMMISSION TOWN OF TROPHY CLUB 2 DECEMBER 2004 The Planning and Zoning Commission of the Town of Trophy Club, Texas met in a Regular Session meeting 2 December 2004, at 7:00 pm in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill present Vice Chairman Stephens absent Commissioner Bradley present Commissioner Moss excused Commissioner Reed present Commissioner Rodgers excused Commissioner Sheridan present STAFF AND GUESTS PRESENT: Kerin C. Fleck Planning & Zoning Coordinator Jim Parrow Applicant/Resident Henry Queen Applicant/Resident A.1 CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:07 pm, and announced a quorum was present. B.1 DISCUSSION AND INTERPRETATION ON THE REQUEST FOR CLASSIFICATION OF UNLISTED USES RELATED TO OFF-PREMISE SIGNS ON A PROPERTY KNOWN AS THE TROPHY CLUB PLAZA, PD-21. (APPLICANT: JIM PARROW) Mr. Parrow addressed the Commission and gave a brief summary of the website he sponsors and the purpose of the site. He went on to detail his signage request. Ms. Fleck gave a staff report. Mr. Parrow would like to place 5 signs at various entrances of the Trophy Club Plaza (PD-21). Mr. Parrow is sponsoring a website to promote the Town of Trophy Club. Initially he looked at the Town’s sign ordinance in order to research any signage restrictions. However, as you know the Plaza is a PD zoning district and therefore has signage criteria specific to the Plaza PD. The zoning ordinance for PD-21 covers signage requirements from “Monument” and “Building” signage to “Directional” signage. Also, it states: Special sign considerations may be approved by the Town Council and the Planning & Zoning Commission. Page 72 of 75 It is staff’s interpretation that this provision is referring to signage in direct relation to businesses within the site. However, as it does not specifically state such, or that off-premise signage is prohibited, staff requests the Commission make an interpretation as to whether this provision is referring to on-site signage or off-site signage. Section 12 of the Zoning Ordinance states the following: A. Referral to Planning and Zoning Commission: The Planning and Zoning Administrator shall refer the question concerning any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the uses and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements of public utilities, such as water and sanitary sewer. Mr. Parrow has received approval for the placement of the signs from the property owner, Regency Centers, however Regency understands that there are Town requirements that must be met as well. Chairman Hill gave a quick summary regarding PD-21 and the signage requirements contained therein. The objective behind the criteria in question was intended for signage relating to the businesses contained within the site. Commissioner Sheridan stated the objects to the signage, not the website. Commissioner Reed concurred with Commissioner Sheridan. Commissioner Bradley stated he was in favor of the signage request. Ms. Fleck reiterated to the Commission that the purpose of the agenda item was for the Commission to provide staff with an interpretation as to whether or not the language contained in PD-21 for “Special Sign Considerations” was applicable to on-site of off-site signage. The general consensus of the Commission was that the provision for “Special Sign Considerations” was specifically applicable to businesses contained within the PD-21 site. B.2 DISCUSS AND TAKE APPROPRIATE ACTION TO DIRECT STAFF REGARDING A REQUEST TO AMEND THE COMPREHENSIVE ZONING ORDINANCE FOR THE PURPOSE OF ALLOWING ALTERNATIVE MATERIALS FOR ACCESSORY STRUCTURES. Page 73 of 75 Ms. Fleck introduced the item and gave the Commission a brief summary of the item. Mr. Queen would like the Commission to consider an alternate material to be allowed for the construction of open-air accessory structures. The proposed material is aluminum with a wood-like finish. The material is stronger than wood and can be built as an engineered structure. Favorable discussion among the Commission ensued. Staff was directed to create an amendment proposal to the Accessory Structure portion of the Zoning Ordinance. No action was taken. C.1 REVIEW AND APPROVE MINUTES: A. 4 NOVEMBER 2004 B. 8 NOVEMBER 2004 C. 18 NOVEMBER 2004 A motion was made to approve the minutes of 4 November 2004 Motion: Sheridan Second: Reed Ayes: Hill, Sheridan, Reed Nays: None Action: 3-0 Motion carried. A motion was made to approve the minutes of 8 November 2004. Motion: Sheridan Second: Bradley Ayes: Hill, Bradley, Sheridan Nays: None Action: 3-0 Motion carried. The Commission directed Ms. Fleck to make changes as directed to the minutes of 18 November 2004 and bring back before the Commission at the next meeting. D.1 ADJOURNMENT. Chairman Hill adjourned the meeting at approximately 8:08 pm. ________________________________________ Gene Hill, Chairman Page 74 of 75 (SEAL) ____________________________________________ Kerin C. Fleck, Planning & Zoning Coordinator Page 75 of 75 PLANNING AND ZONING COMMISSION MEMORANDUM From: The Office of the Planning and Zoning Coordinator Date: 1-26-2005 Subject: Agenda Item No.E.1 Adjournment. (kcf)