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Ordinance 1987-02 ORDINANCE NO._2(~:_~__ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE ZONING ORDINANCE, BY REPEALING SECTION 2e AND ORDAINING A NEW SECTION 26, GOVERNING SIGNS LOCATED OR TO BE LOCATED WITHIN THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION AND ISSUANCE OF PERMITS; CONTAINING CONTINUING REGULATORY PROVISIONS; CONTAINING APPEAL PROVISIONS; CONTAINING SPECIFIC LIMITATION PROVISIONS; CONTAINING PROHIBITED USE OF SIGNS; CONTAINING AN PENALTY PROVISIONS; PROVIDING FOR PUBLICATION AND CONTAINING AN EFFECTIVE DATE: WHEREAS: The City Council has determined that the sign provisions of the Zoning Ordinance to be insufficient to adequately regulate the erection and maintenance of signs and other advertising materials within the City of Wylie, and, WHEREAS: The Planning and Zoning Commission has recommended the passage and adoption of the following comprehensive sign ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OR WYLIE, TEXAS: That Section 26 of Ordinance #81-5 as amended by Ordinance #85-23A is hereby t~epealed and a new Section 26 is ordeined to read as follows: 8BI!Qb~_!~ Q~E!~!I!Q~~ ~~QI!Q~_l~ For purposes of this ordinance, the following definitions shall apply, unless clearly indicated to the contrary: Erect. The tet~m "erect" shall rile aI', tel build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs on the exterior surface of a builiding or structure. Facing or Surface. The wClrd "facil'"lg Ot~ sl.wface" shall mean the surface of the sign upon, against, or through which the message is displaced or illustrated on the sign. _0) Gross Surface Area of Sign. The "gross surface area clf a sigy," is the eYltire area withiYI a single cCIy,tinuous perimeter forming a rectangle enclosing the extreme limits clf each sigyl. 11'1 the eveYlt two (2) or mOt~e sigYIS shat~e a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Illuminated Sign. The term "illumiy,ated sigYI" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tubes or other means. Noncombustible Material. The tet~rn "l'",c'l'".combustible material" shall mearl al'"IY materlal which wlll rll:,t 19r'lte at or below a temperature of twelve hundred (1200) degrees Farenheit, and wlll not continue to burn or glow at that tempatut~e. Sign. The term "sigr," shall mearl ar,d irlclude every s i gYI, rlaune, rrl.Hllber, i deYlt i f i cat 1 C'Y" descT~ 1 pt lor" announcement, declaration, demonstration, device, display, Flag, banner, peYIYlant, lllustratiol"'l, beacoYl, light or insignia, and structure supportlng building or outdoor structure, or erected or maintained upon a service, place, activity, perSOYI, institutic,n, orgainizatioYI or bl.lsiness. Any interior illuminated or moving sign or light which is visible From the exterior may be determined as being erected on.the exterio~ of the building or structure. ,/ /(JfB1Ji BlL( ~f2 fl' . .. . ". . . ~' Sign, AdyVtlsng. Ar, "adveT~t151ng 51gy, 15 amy sU;;ln which promotes and advertises commodities or services not li~ited to being offered on the premises on which such signs are located. Restricted to B-1, B-2, I Districts. Sign, Agricultural. Ay, "agt~icultut~al sigYI" lS aYIY sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. Ristricted to A use District. Sign, identifying bui IdiYlgs. Apartment. An "apartment sigr," is any sigYI an apartment building or complex of apartment Restricted to MF District. Sign, Construction. A "Cc,y,structic'YI sign" is aYIY temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decc,rator clr mortgage engaged in the design, construction or improvement of the premises on which the sign is located. Permitted in all Districts but limited one (1) to a premise. Sign, Development. A "development sign" is any temporary on-site promotional sign pertaining to the development of land, construction of buildings, pavement, water, wastewater or storm sewer facilities and other apprentices. Pemitted in all Districts but limited to use during the development process. Sign, Directional. A "directioy,al sigr,lI is aYIY sigr, temporarily used in directing traffic to residential section of the city. Pet~mitted in all Districts. Sign, Flashing. A "flashiYlg sigYI" is a illumination that is alternately turned on and equivalent to, or greater than, twice an hour, time and temperature signs. SlgYI which has off at a rate excludiYlg Sign, General Business. A "geYleral busiYless sigy," is any advertising sign which is used to identify a bus1ness, profession, service, product or activity conducted, sold, or offered on the premises where such sign is located. Restricted to R, B-1, B-2 and I Districts. Sign, Ground. A "grouYrd sigr." is aYIY sigYI which is erected on a vertical framework consisting of two (2) or more uprights supported by the ground. Sign, Identification. AYI "iYlderltiFicatior, sign" 1S any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites. Restricted to R, B-1, B-2 and I Districts. Sign, Irlstitutional. AYt "ir.stituti':'rlal SlgYt" lS arlY slgn or bulletin board used to identify schools, churches, hospitals and similar public or quas1-publ1C institut1ons. Restricted to the premIses occupied by the instltution. Sign, Marquee. A "marquee sigYI" 1S ar:y a marquee or Fixed awning. Restricted to R, Districts. si gYI B-1, el"'ect ed ,:,n B-2 arid I Sign, Name Plate. A "name plate sigy." is aYIY sigy, showing only the name and address of the owner or occupant of the premises on which It is erected or placed. Permltted in all Dlstricts. Si gn, Obsolete. AYI" c.bsc.let e s i gYI" IS aYIY s i gYI wh 1 ch no longer serves a bona fide use or purpose at a spec1Flc l.:tcat ion. Sign, Parapet Wall. A "parapet wall sigy," is aYIY sigrl erected on the top surface of a parapet wall. Restricted to R, B-1, B-2 and I Distrlcts. Sign, Pole. A "pelle sign" is aYIY sigYI suppc1rted by a single free-standing pole, and having no guys or braces to the ground or to any structure other than the pole. Restricted to R, B-1, B-2 and I Districts. Si gy" Project i ng. A" pt~clject i Ylg si gYI" is aYIY s i gYI which projects from a building and which has one end attached to a building or other permanent structure. Restricted to R, B-1, B-2 and I Districts. Sign, Real Estate. A "t~eal estate sigYI" is any temporary sign pertaining to the sale or rental of property and advertising property only for use of which It is legally zoned. Permitted in all Districts but limited to one (1) per lot or premise. _ Sign, Roof. A "rc.of sign" is aYIY SlgYI erected C'YI a vertical framework supported by and located immediately and entirely over the roof of a building. Restricted R, B-1, B- 2 and I Districts. Sign, Wall. A "wall sign" is ay,y sigYI erected flat against a wall, supported by the wall, and having the sign face parallel to and not more than twelve (12) inches from the wall surface. Neon tubing attached directly to a wall surface shall be coy,sidered a "wall sign". A wiy,dc,w sigYI shall be considered a wall sign. Restricted to R, B-1, B-2 aY,d I DistT~icts. T Structural Trim. The term "strl.lctural trim" shall mean the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign st t~uct ure. Sign, Govery,ment. A "goverYlmeYlt sigYI" ia aYIY sigYI erected by an agency of the United States Government, the State of Texas, the County of Collin or the City of Wylie. Permitted in all Districts. Si gYI, Pol it ieal. A" pc,I it ical si gYI" is arlY si gr. i y,tended to influence the vote of individuals in any election campaign. Permitted in all Districts but must comply with ~ (g) and Section 4 (c). 8BI!Qb~_!!~ 8Q~!~!~!B8I!Q~ ~5QI!Q~_1!.. Sign Permit Required. It shall be unlawful for any person to erect, replace, alter or relocate any sign within the Clty without first obtaining a permlt to do so From the Buildlng Official, except as may be hereinafter provided. ~~QI!Q~_E~ Non-conf~rming Existing Signs. Every sign lawfully in existence on the date of passage of this ord1nance may be repaired without applying for a permit hereunder~ but no such sign shall be altered or moved unless a permit be issued pursant to the provisions of thlS ':It~d i ria Ylce. ~~QI!QrL~~ Application for Sign Permit. Application for a permit required by this ordinance shall be made upon forms provided by the Building OfF1c1al, and shall contain or have attached thereto the following i YlfO:lt~mat i o:.y,: (a) Sign use classification. (b) Name, address, and telephone number of the applicant. (c) Name, address, and telephone number of the owner. (d) Name, address, and telephone number of the person or firm erecting the sign. (e) Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. (f)_ Position of the sign in relation to nearby buildings or structures or other related signs. (g) Two (2) copies of plans and specifications showing materials, methods of construction and attachment to the building or in the ground. (h) Copy of stress sheets and calculations pt~epared by a registered engineer showing that the structure is designed for dead load and wind pressure from any direction, as may be required by this ordinance or by the Building Official. (i) The zoning classification carried by all property located within three hundred (300) feet of the property subject to the application. (j) Such t~eq u i re t c. othet~ laws other information as the Building Official may show full compliance with this ordinance and all and ordinances of the City and State. ~~QI!Q~_~~ Exemptions From Application for Permit. Application for permit shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this ot~d i YlaYlce. (a) Signs not exceeding eight (8) square feet 11'1 area, which advertise the sale, rental or lease of the premises on which such signs are located, limited to one such sign on anyone lot or premises. (b) Name plates not exceeding one (1) square fc.c.t 1 n ar~ea. (c) feet Temporary political slgns set ft~om s 1 dewa I ks. back at I east t eY", ( 1 (1) (d) Bulletin boards not exceeding sixteen (16) square feet in area for publIC, charitable or religious organizatIons when the same are located on the premises of the i nst 1 t ut i O:IYI. (e) Temporary construction signs, not exceeding three (3) square feet in area, denoting architect, engineer or contractor, when placed upon premises under construction. (f) Occupational signs, not exceeding two (2) square Feet In area, denoting only the name and profession of an occuapant In a commercial buillding or publ1C institut10nal bui ldiy,g. <g) Memorial slgns or tablet, names of bU1lding and date of erection, when cut into any masonry surFace or when constructed of bronze or other noncombustible materials. (h) Flags, emblems and insignia of any governmental body and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as sLlch. (i) On-site directional signs not exceeding eight square feet, provided such directional signs do not advertising and are not used as such. (8 ) cor.t a i YI (j) Traffic or other governmental signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative. ~~QI!Q~_~~ Signs Requiring Electrical Inspection. Every sign utilizing electrical apparatus or electricity shall comply with the City Electrical Code. ~~QI!Q~_~~ Fees. Every applicant, before being granted a permit hereunder, shall pay to the City of Wylie a fee as set forth in the City of Wylie Fee Ordinance for processing and 1ssuing such permit plus the electrical permit fee for inspection and certificate. ~~QI!Q~_Z~ Issuance of Permit. Providing that the Applicant has complied with all provisions of this ordinance, and that the proposed sign complies with all provisions of this ordinance, the Building Official shall issue.-t.he sigYI pet~mit to the Applicant. ~~QIIQ~_~~ Not to Issue to Persons Previously Failing to Pay Fees. The Building Official shall not issue a permit under the provisions of this ordinance to any person who has previously falled or refused to pay any fees or costs assessed against him under the provisions of this ordinance or under the provisions of any other ordinance or the Fee Ordinance of the City of Wylie. ~~QI!Q~_~~ Permit Valid Only for Sixty (60) Days. If the work authorized by a permit issued under this division has not been cOMmenced within sixty (60) days after the date of issuance, the permit shall become null and void. ~~QI!Q~_!Q.!.. Permit Revocable. The Building OFflclal may suspend or revoke any perm1t issued under the provlslons of thIs ordinance whenever he shall determine that the perm1t is issued in error or on the basls of incorrect or False information supplied, or whenever such permit be issued in violation of any of the provislons of this ordinance or any other ordinance of this City or laws of the State of Texas or Federal Government. Such suspension revocation shall be effective when communicated 1n writing to the person to whom the permit is lssued, the owner of the sign or the owner of the premises upon Wh1Ch the sign is located. e~QI!Q~Lll~ I Ylspect i ':'YI. The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. ~~QI!Q~_!g~ Removal of Obsolete Signs. Any sign which the Building Official determines no longer serves a bona fide use conforming to this ordinance, shall be removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign is located within ten (10) days after written notifiction to do so from the Building Official. It shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, and in the event Failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not positive defense for failure to comply with the written directive. ~~QI!Q~LIJ~ Removal or Repair of Unsafe Signs. If the Building Official shall determine that any sign is unsaFe or insecure, or is a menace to the public, he shall give writtey, Ylotice clf the per9C,Y'l clr persoYls resp':'Ylsible fClt~ such sigYI. If the pet~mittee, OWYlet~, ageYlt or person having the benenficial use of the premises fails to remove or repair the sign within ten (10) days aFter wt'itterl y,cltificati,:,l" to dc, s':. ft~c'm the BI,.,ildiYlg Official, it shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, and in the event of failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not a positive defense for failure to comply with written directive. The Building Official may cause any sign which is an immed1ate peril to persons or property to be removed 5ummar1ly and without notice. ~~GI!Q~Ll~~ Sign Board of Appeals. Upon proper application thereto the ZonIng Board of Adjustments and Appeals shall have the power to grant variances from the provisions of this section 1f It appears that the prov1s1ons would work a manifest injustice, and in making such determ1natlon the Board shall consider such factors as the type of Slgn, locat1on, eX1stence of signs 1n the general area, and such other factors as they deem pertlnent. No variance shall be granted by the Board if the same conflicts WIth the spirit of this ordinance, which is one of prOVIdIng public safety, adequate lighting provisions, open space and air, conservat1on of land, protection of property values, and encouraging the highest and best use of the land. In considering the requests for varlation to requirements of this Ordinance the Board shall consider, but not limited to, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The decision of the Board of Appeals shall be final. 8BI!Qb~_!!!~ ~e~Q!E!Q_b!~!I8I!Q~_eBQ~!~!Q~~ ------...._"'~-...."....., All sigl'"fs l,:.cated Clt~ to be located withir, the City Qf","'j Wylie shall conform to the general provisions set forth in i TABLE I, el'"lt it 1 ed "Genet~a I PrCtv i s i C'YIS". " '~"'. .... ,_" V.'_ -.". _ .. . o. ....."'...__v....__.-',_........,.,. .'"e,,,",.."'..,_.,_....~..~_~,,..__'_.~,,_,._.~ _." ... ,', _ ..._____...--- ~~QI!Q~_s~ Additiol'"fal RequiremeYlts fcw Attacn-ecr-srgns G ~..J:!~-:.o v i "'i i ..:I"OS-!.____.____ (a) Roof Signs. RoCtf signs shall be an integral part of the architectural design of the building and shall be constructed of noncombustible materials, except molding and trim. Such signs shall not exceed Fifteen (15) feet in height measured from the uppermost part of the sign to the surface of the rooF immediately below. Nor shall any roof sign exceed the height limit for building fixed by the Zoning Ordinance of the City of Wylie. Such sign shall not exceed one hundred twenty-eight (128) square feet in area, and only one (1) sign shall be allQwed per building . st ruct urea No part of any roof sign shall be located within six (6) feet of any outside wall nor within seven (7) feet of the surface of the roof immediately below. All metallic parts shall be grounded For protection againist lightning. Roof signs erected on pitched roofs shall nCtt be higher than three (3) feet above the roof immediately below, nor less than one (1) fOCtt above the roof imMedIately below. (b) Projecting Slgns. The horizontal portion of any projection sign shall not be more than six feet six inches (I:,' 6") irl leYlgth measlJt~ed ft~Clnl the building face aYld shall not be closer than two (2) feet from the back of the curb line. The height of the slgn shall not exceed two (2) feet. Such signs s~all be an integral part of the archItectural design of the bUIlding. VertIcal clearance shall be subject to the reqUIrements of paragraphs (e) and (f) of tnis Sect i 0:'\""1. (c) Marquee SIgns. Marquee signs erected on the face of a marquee shall be bUIlt as an Integral par~ of the marquee arid shall be coy,structed of n':'l'"lc,:,mbust I ble materIal. Such slgns shall not exceed Forty (40) square ~eet or the product of two (2) t1mes the lineal Footage of the building store frontage for wh1Ch such Slgn is lntended, whichever is greater. Such slgns shall not have a vertIcal height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Further, the height shall not exceed the bUIldIng roof line by more than four (4) feet. Vertical clearance shall be subject to the requ1rements of paragraphs (e) and (f) of thIS Sectlon. (d) Wa 11 S i gYIS. Wa II s i gl'"IS sha 11 l'"IC,t exceed f,:.rt y (40) square feet or the product of two (2) times the lineal footage of the building or store frontage for Wh1Ch such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of th is Sect i orl. (e) Projection Over Public Property. If the vertical clearance above the surface is less than eight (8) feet, no projection is permitted. If the vertical clearance above the surface exceeds eight (8) feet, a projection is permitted for each inch of clearances.ver and above the required eight (8) feet, provided that no projection shall exceed four (4) feet or one-third (1/3) the width of the sidewalk below, whichever is less. (f) Projection Over Private Property. Projection of sign over private property shall be allowed over pedestrain sidewalks, walkways and corridors but not to exceed the f.:. II ow i 1'1 g : ~~~1i~~!_Q!~~~~n~~ !!.!~~~_e~Qj~~1iQn 7' 1:1)''' less 3 i Ylches 7' or 8' 12 i y,ches I 8' c.t~ mc.t~e 4 feet (g) No slgn of any nature other than Governmental signs shall be placed on any right of way within the City, the existence of a sign on a Public right-a-way or utility pole within the city shall be considered prima facie evidence, rebuttable as in other cases, that such sign was placed by or under the direction of the person, firm or organization advertising thereon. EXCEPTION-Directic'l'",al sigr.s, in t~es1dey,t1al areas, permitted in the right of way between the hours of noon on Friday until 12:00 noon on Monday with the Ii m i t at i or,s; wi 11 be 12:00 f c. 1 I c. win 9 They shall be placed only in front of vacant lots, only one slgn for each builder and/or developer at each location and each sign of an ind1vidual builder and/or developer shall be sepat~ated by a mll'"limur.1 of sIxty (60) feet, 1n .:,theT' thal'l residential areas the stipulatlon concerning vacant lots does not apply, however all other restrlctlons apply. ~~QI!Q~_~~ FreestandIng Busil'".ess 5igrls 1Y, "R, B-1, IdentificatIon Slgns and B-2 and Il'ld" Dist~'lCtS. Gel'",et'a: ( 1 ) (8) feet The entire sign must be located behInd the prope-ty IlnE. a mlnimum of eIght (2) Any projecting or overhanglng portIon of the SIgn must be a minimum of ten (10) feet above any walkway and Fourteen (14) feet above driveways. (3) Maximum height above grade of an ldent1f1cation sign is th1rty-five (35) feet; maXImUM he1ght above grade of general business sign IS twenty (20) feet. (4) MaxiMum area for general business pole or ground signs is sixty (60) square feet and maximum area for Identif1cat1on pole or ground signs is one hundred twenty- e1ght (128) square feet. (5) Such signs shall be located a minimUM of thirty (30) feet from adjoining private property lines and a minimum of sixty (60) feet from any other free standing s i 9 y, . (6) Such sigYIS irl "R, B-1, B-2 arid I" Districts shall be constructed of materials that are noncombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by noncombustible supports finished in a presentable manner (wood other than treated or unfinished steel not allowed). (7) No advertising matter shall be displayed on or attached to any ft~e_e staYlding sigrl. NCI gIJYS, braces, attachMents, banners, flags, or siMilar devices shall be attached to any sign. (8) Such signs shall be protected by wheel or bUMper guards when required by the Building Official. (9) For Retail and ComMercial sites upon which multiple use signs are desired in excess of the above stated limitations, a sign plan for the site may be subMitted to the Board of Appeals For consideration as variance of this Ord i Ylarlce. ~~QI!Q~_~~ Advertising Signs. .., Advertising signs shall not exceed four hundred (400) square Feet where legal speed limits are in excess of 50 m.p.h. and shall not exceed one hundred twenty-eight (128) square feet where legal speed limits are 50 m.p.h. or less. ~~~I!Q!~L~~ TempciT'ary Si gns. (a) Temporary directional signs are to be used for the exclusive purpose of directing traffic to residential sections of the city. Such signs shall bear only the name of such sections and the directional arrow. Permits for directional signs shall be granted for a per10d of tiMe not to exceed six (6) months, at the expiration of which time, renewal applications must be filed. (b) Tempc't~at~y subd i vis i CIl'". deve I c'pmeYlt s i gYIS ay.d "for sa I e" signs of undeveloped tracts may be erected, provided such signs relate only to the property on which they are located. Each such subdivision under development may have one (1) such sign not to exceed one hundred fifty (150) square feet 1n area. Subd1v1s1on developments greater than ~:fty (50) acres 11'1 size may have add1t1onal s:gns of the same Slze on the ratio of one (1) sign for each thIrty (30) acres 1n excess of the base flfty (50) acres. ~~QI!Q'~:L~~ Date of Erection, Permit Number and Voltage t,:, be Displayed. Every slgn erected after the passage of this ord1ance shall have displayed 1)'1 a c.;:.rlspicuctus place thereclYI, 1n letters not less than one (1) inch in heIght, the date of" erection, the number of" the permit 1ssued under this ordinance and the voltage of" any electrical apparatus used in connection therewith. ~~QI!Q~LZ~ Wind Pressure and Dead Load Requlrements. All signs shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area, and shall be constructed to receive dead loads as required by the Building Code of the Ci ty clf Wyl ie. ~~QI!Qr~'-~~ Maintenance of Signs. All signs and supports shall be condition to prevent deterioration, other unsightly conditions. maintained in good oxidation, rust and 8BI!Qb~_!~~ eBQ~!~!I~Q_~!~~~ ~~gI!Q~_l~ Obscene, Indecent and Immoral Matter. It shall be unlawful f"or any person to display upon any sign any obscene, indecent or immoral matter. ~~QI!Q~_~~ Obstruction Doors, Windows or Fire Escapes. It shall be unlawful to erect, relocate or maintain a sign to prevent free ingress to or egress from any door, window or fire escape. ~!;QI!Q~_~~ Attachment to Standpipe or Fire Escape. It shall be unlawful to attach any sign to a standpipe I:.r f" i t~e escape. ~~QI!Q~_~~ Interference with Traffic. ~t shall be unlawful to erect. relocate or maintain any sign in such a manner as to obstruct free and clear vision at any location where, by reason of position, size, movement, shape, color, flashing, manner or intensity of illumination, such sign may interfere with vehicular or pedestr~iarl tr'affic. FLlt~ther, it shall be uYllawful tel erect or maintain any sign in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or devise. Accordingly, no sign shall rl1ake use elf the wOt~ds "Stop", "81:,", "Lc":lk", "Sll:'w", "Dar,get~", Clt' any clther~ similar WClt~d, pht~ase, syrl,bc.l, Ot~ character or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion to, or otherwise interfere with, vehicular or pedestrian tt-aff"ic'. ~~~I!Q~_~.!... Mobile or Portable Signs. (a) It shall be unlawful to attach any sIgn to a traIler, Sk1d, or SImilar mobile structure, where the primary use of such structure 1S to prOVIde a base for su=h slgn o~ const1tute the sIgn itself. ThIS prOVIsion does not restrict the 1dent1flcat1on sIgns on vehIcles used for any bona f1de transportat1on act1vlty. (b) Signs attached to or upon any vehicle shall be prohlblted where any such vehlcle lS allowed to remain parked 11'1 the same location, or in the same vicintiy, at Frequent or extended periods of t1me, where the 1ntent 1S apparent to be one of using the vehicle and signs For purposes of a~vertlsing an establishment, service, or product. VehIcles operatl~g under a City franchise shall be excluded from th1S proviSIon. (c) A-Frame signs and sandw1ch-board signs are prohibited ay,d '.ll'"llawful. ;!~!;;;I!QI~L~~ Advertising Matter Placed on or Suspended from Buildings, Poles, Sidewalks, ect. (a) No person shall place on, or suspend from, any building, pole, structure, sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this ordinance, except as otherwise allowed by ordinance. (b) No cloth, paper, banner, Flag, device, or other SImilar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from any sign, building or structure, when the same shall create a public menace or danger. ;!~!;;;I!Qt~LZ~ Painting, Marking, etc., Street, Sidewalks, UtIlity Poles, etc. 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, ut i I ity pc,le, publ ic bui ldiy,gs, fey,ce or structure except as otherwise allowed by ordinance. ~!;;QI!Q~L~~ Attaching Advertising Matter to Fences, Utility Poles, etc., and Scattering, Advertising Matter on Streets and Sidewalks. (a) No person, firm, corporation, or association of persons, shall paste, stick, tack, nail or otherwise place, any advertisement handbill, placard, or printed, pictured, or written matter or ~~ing for political advertising or other advertising purposes upon any fence, railing, side walk, or public telephone Facility, elelctric or other utility pole, or any other public property, including trees thereon, or to knowingly cause or to permit the same to be done for his benefit. (b) It shall also be unlawful for any person to scatter or throw any handbill, circulars, cards, tear sheets or any other advertising device of any decription, along or upon any street or sidewalk in the City of Wylie. ~~QI!Q~_~~ Pole or Ground Signs Prohibited on or Over ~'ubl ic P"r'c'pel"'ty. No portion of any pole or ground sign shall be erected upon or over public property. unless the same be erected by the C1ty, C'l"- Wltr-, the pet'rillssiorl of the City, For publIC p '_It'p'='ses. ~~QI!Q~_lQ~ Certain Illuminated Signs Prohibited. No sign shall be illum1nated to such an IntensIty or 1n such a manner, as to cause glare or brIghtness to a degree that It constltutes a hazard or nUIsance. Movlng, flashing, Intermittently lIghted, changing color, beacons, revolving or slmilarly constructed signs shall not be allowed. Jump clocks showing time, temperature, and simIlar data May be allowed. No lighted slgn shall be ere~ted within one hundred and f1fty (150) feet of a residential district unless the Ilghting lS snielded from view of the residential distrlct. ~~QI!Q~_ll~ Balloons and other Floating Devices Used for Advertising Purposes. No person shall erect, maintain or permit the erection of, For advertising purposes, any balloon or other floating device anchored to the ground or to any other structure within the City of Wylie. 8BI!Qb~_~~ e~~8bIY_eBQ~!~!Q~~ ~~QI!Q~_l~ Persons Responsible. The permittee, owner, agent, person or persons having the beneficial use of the ground or a sign, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this ordinance and are subject to the penalty provided for violations of this ordinance individually. ~~QI!Q~_~~ Penalty for Violation of this Ordinance. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in the Municipal Court, shall be subject to a Fine of not more than the maximum permitted by State Law for each offense, and each and every day that the violation of the ordinance is continued shall constitute a separate offense. 8BI!Qb~_~!~ QQ~Eb!QI!~~_QBQ!~8~~~~ If any port1on of this ordinance shall conflict with any portion o~ all of an existing ordinances of the City of Wylie not specifi~ally repealed herein, the City Council hereby declared that this ordiance shall prevail and that it is hereby attempting to repeal any conflicting provisions of any existing ordinance of the City. 8BI!gb~_~!!~ eBSQ~B~!~~_B!~~IQ_8~Q_~!Qb8I!Q~~_~~Q~B_~~!QI!~~_QBQ!~8~Q~Q By the passage of this Ordinance, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forFeiture, e1ther civil or criminal, incurred prior to the time existing sign ordinances or regulations were repealed and th1s ordi~ancE adopted, shall be dIscharged or affected by such repeal; :ut prosecutlons and sUltS for such offenses, Ilabllit1es, penaltIes or forFeitures may be 1nstituted, or causes preser:ly pendIng p~oceeded w1tn, In all respects as If Sltch pt~lc!r ordlrlarlce, j:lt~ portlCIYI t:.f such cl~diaYICe, had not bee~ ~epealed. 88I!Qb~_~!!!~ ~~~~88~lblIY_Qb8~~~_8~Q_~EE~QI1~~_Q8I~ ~~QI!Q~_l!-. Severabll1ty Clause. IF any section, sub-section, sentence, phrase, word, paragraph, or provlsions of this Ordinance or the application of that section, sub-sect lon, sentence, phrase, word, paragraph, or provislon to any person, firM, corporatIon, situation or c1rcumstance is for any reason adjudged inval1d, the adjudication shall not afFect any other sect lon, sentence, pnrase, word, paragraph or provision of thlS ordinance or the appllcatlon of any other section, sentence, phrase, word, paragraph, or provision to any other person, firm, corporation, situation or circumstance, nor shall adjudication affect any other section, sentence, phrase, word, paragraph or provision of the Code of Ordinances of the City of Wylie, Texas. The City Council declares that it would have adopted the valid portions and applicat10ns of this ordinance without the invalid part, and to this end the provisions for this ordinance are declared to be severable. ~~QI1Q~_g~ Publication. The caption of this ordinance shall be published one time 11'1 a newspaper of general circulation. 9~QI1Q~_J!-. Effective Date. This ordinance shall take effect immmediately upon the publication of the caption of this ordinance in a newspaper of general circulation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS____~~~~_____DAY o~~~-----' 1987. Chuck Trimble, Mayor .. ----- OI!DINANCE NO. K7:! AN OlmlNANCE OF Till" CITY OF WYLIE. TI';XA~ AMENDING THE ZONIN(; ()!IIJINANCE. BY AND ORDAINING A NEW SECTION 26, GOVERNIN<; SIGNS LocATED on TO BE LOCATED WITHIN TilE CITY: PltOVIDINl; DEFINITIONS: PRO, VIDIN(; FOil APPLICA- TION AND ISSUANCE OF PEHMlTS; CONTAINING CONTINUING REGULATORY PROVI. SIONS; CONTAINING 1\1'- PEAL PROV ISIONS: CON- TAINING SPECIFIC 1.1 M ITATION I'ltOV I SIONS: CONTAININl; PltollIBITED USE OF SI<;NS; CONTAININ<i AN PENALTY PIUlVISIONS; PIUlVIDINl; FOB PUBLICATION i\ND CON- TAININ<i AN EFFECTIVE D;\TE: WIIEI!~;AS; Tht' City COllll- cil has Jl'LprlllillPd that t hI' sign provisions of llw Zoning ()rdinancp to lH' insllflici{'nl t,o adl'quatply I'Pg-uJatl' tlw prf'dioll and maintl'lHlIlCi' oj signs and ollwr advl'rt.i:..dng mat.prials \viLbin thf' City 01 Wylj... and. WIII':ltEAS; Th" Plalllllllg and 7,oning COllllllission has ree()1ll1IH'l1ded t~II' paSSllgl' and <ldopt.ioll 01 t.lll' following cOlllprl'lwllSivl' sq..:':r1 or- dinallCl.': NOW. TlllmloFOIU':. m: IT Olt/lAINlm Ill' TIll': CITY COUNCI L OF TilE CITY OF WYLIE. TEXAS PASSED AND API'I!OVE!J Ill' TilE CITY COIJN(~IL OF TIlE CITY OF W YLII.::n:X AS. 'l'lIl S 1:1'1'11 !JAY ()j<' .IANIJAlty i I:JK7 l Chllck Trilllhk. Mayor I\ATTI':S'I" .;(~~lrol~n ,Jones, t~,,'It.y St'crp\.ary ;l~-I l.c.