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