Ordinance 1993-22
ORDINANCE NO.
~J -~:).
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12
OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING
ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY
ADDING A SECTION REGULATING OPEN STORAGE, BY ADDITION OF A
SECTION RELATING TO CONSTRUCTION STANDARDS FOR EXTERIOR WALLS,
BY DELETING THE EXISTING SECTION ON SIGNS AND REPLACING IT WITH A
REVISED SIGN SECTION, BY ADDITION OF SEXUALLY ORIENTED BUSINESS
AS A SPECIFIC USE IN INDUSTRIAL DISTRICTS, AND BY CHANGING CERTAIN
DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under
section 34.2 thereof; and,
WHEREAS, the Planning and Zoning Commission, after first giving all requisite hearings
and having all requisite hearings, has made recommendations concerning enactment of the
hereinafter specified amendments to the Zoning Ordinance; and,
WHEREAS, the City Council has held a public hearing with respect to all of the proposed
changes, after first giving all requisite notice thereof; and,
WHEREAS, the City Council has determined that the proposed changes are in keeping with
the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1,
Chapter 12 of the Wylie City Code by, and the same hereby is, amended by addition of the
following as one of the Specific Uses named in subsection 20.1 Use Regulation In Industrial
Districts:
"(9) Sexually Oriented Businesses"
1
SECTION II
That the Zoning Ordinance of the City Of Wylie, as set forth in Exhibit A to Section 1,
Chapter 12 of the Wylie City Code be, and the same hereby is, further amended by addition of
the following section, known as Section 25.6 OPEN STORAGE, to wit:
"25.6.1 Open storage prohibited in residential districts.
No open storage of commodities, materials, junk, or equipment for sale or display shall be
permitted in any residential district except as provided for in Chapter 4, Section 7.00, garage and
yard sales.
25.6.2 Open Storage as an Accessory Use.
1. Open storage of commodities and materials offered for sale shall be permitted as an
accessory use in the Retail, Business- 1, Business - 2, and Industrial districts provided that such
open storage shall:
(a) Be located behind the required building line;
(b) Observe all setback requirements;
(c) Have a maximum height not to exceed one half of the height of the main structure;
(d) Not exceed 20% coverage of the lot area which lies behind the building line;
(e) Be on an all weather surface.
2. Storage of all consumer goods in any Retail and Business Districts (firewood, mulch,
top soil, soft drinks, etc.) shall be enclosed within the building structure or a screen, except
when the goods to be displayed do not exceed:
(a) Four (4) feet in height when in front or adjacent to the building not to exceed the
height of the window sill;
(b) Three (3) feet in height when within the pump island and not to block the
drivers visibility;
(c) Three (3) feet in depth and sixteen (16) feet in length.
3. The open storage of trucks, cars, or trailers for lease or rent in any district shall
comply with the following:
(a) Rental vehicles shall not be parked in the required parking stalls or between the
building face and the street right of way;
(b) That portion of the site that is devoted to the storage of lease or rent vehicles shall
not exceed ten (10) percent of the site area;
(c) Shall be screened in accordance with Section 25.6.4.
2
4. The above standards shall not apply to new or used automobile dealer facilities which
have outdoor display of vehicles for sale. Such display of vehicles shall be permitted as an
accessory use to a dealer facility which shall be approved as part of the overall approval of a site
plan for an automobile dealer facility.
25.6.3 Open Storage of Merchandise Not For Sale
Open storage of materials or equipment not for sale or lease as permitted by this ordinance shall:
1. Be located behind the required building line;
2. Observe all setback requirements;
3. Be on an all weather surface;
4. Be screened from view from any street and or parking area of adjoining
development in accordance with Section 24.6 screening.
Section 25.6.4 Screening Required
1. Except where permitted under this ordinance all open storage except as noted shall be
screened from the public view. Screening walls shall be a minimum of six (6) feet in height and
shall be of masonry construction.
Alternate screening construction as follows may be allowed with prior approval of the
Building Official.
(a) Alternate method:
Screens may be constructed in chain link or wrought iron in combination with a
live landscape screen.
(b) Alternate method:
A six (6) foot solid landscape screen without a fence or wall may be used
when the plants used shall create a solid living screen six (6) feet in height within
two (2) years of their installation.
2. The Board of Adjustments may waive this requirement if no public purpose would be
served by the construction of required screening due to such factors as natural features or
topography that sufficiently serve the purpose of screening.
3. The above standards shall not apply to a nursery when it is the primary use on the site.
4. Nothing in this section shall be deemed to prohibit temporary open storage of
merchandise for display and sale during a sidewalk sale."
3
SECTION III
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1
of Chapter 12 of the Wylie City Code be, and it hereby is, further amended by addition of the
following section, to be known as Section 25.7 Minimum Structure Exterior Wall Standards.:
"Section 25.7 The exterior wall standards for construction in the various districts shall
be in accordance with the following standards:
25.7.1 Exterior Wall Standards, Residential
A. Exterior wall construction for structures of two stories of less shall consist of a
minimum of 75 % masonry or masonry veneer. Masonry and masonry veneer shall be defined
as brick, stone, decorative concrete block or as otherwise approved by the Building Official.
The construction standards applies only to the first floor of a building in the following districts:
A
SF-l
SF-2
SF-3
MF
2F
SF-A
B. No single wall face of any residence shall contain less than 50% of it's exposed
surface of masonry construction as herein specified.
C. Exterior walls construction for all residential uses in districts where permitted other
than those listed above shall meet the requirements of this section.
D. Where more than 60 % of existing number of residential structure along both sides of
a street and lying between the two nearest intersecting streets do not meet the above minimum
standards, the Building Official may allow new construction to be equal to that majority existing,
but in no case less than required by the Uniform Building Code.
25.7.2 Non Residential Exterior Wall Standards
A. Minimum exterior wall standards for non residential structures shall be of at least
75% brick, stone brick veneer, custom treated tilt wall, decorative concrete block, glass. These
standards shall apply to any wall or portion of wall fronting, siding or backing upon a
thoroughfare, and on all walls facing or abutting residential zoned districts.
4
B. This construction standards shall apply to the following districts:
R
B-1
B-2
I
C. The minimum exterior wall standards for Planned Development and Specific Use
Permit shall be of exterior fire resistant construction as specified by the amending ordinance.
25.7.3. Exterior fITe resistant construction as herein specified for residential structures
shall consist of the designated percentage of the total exterior wall surface exclusive of windows
and doors. "
SECTION IV
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1
of Chapter 12 of the Wylie City Code be, and it hereby is, further amended by deleting the
existing Section 27 SIGNS and substituting the following therefore:
.Section 27 SIGN REGULATIONS.
For the purposes of this section the following definitions shall apply, unless otherwise indicated to the
contrary .
Awning. An architectural projection which provides weather protection, identity and decoration, and
is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton
structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated.
Banner. A temporary sign made of cloth, canvas or other light fabric.
Canopy. A canopy is a roof-like structure which 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.
Dilapidated or Deteriorated Condition. Dilapidated or deteriorated condition shall mean any sign:
(a) Where elements of the surface or background can be seen as viewed from the normal viewing
distance (intended viewing distance), 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
5
(b) Where the structural support or frame members are visibly bent, broken, dented, or torn; or
(c) 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
(d) 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 the failure of a structural support); or
(e) Where the message or wording can no longer be clearly read by a person with normal eyesight
under normal viewing conditions.
(f) Where the sign or its elements are not in compliance with the requirements of the National
Electrical Code and/or the Uniform Building Code currently adopted by the City.
Erect. The term "erect" shall meant to build, construct, attach, hang, place, suspend or affix, and shall
also include the painting of signs on the exterior surface of a building or structure.
Flag. A piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a
distinctive design or message which is used as a symbol or to signal or attract attention.
Facing or Surface. The word "facing" or "surface" shall mean the surface of the sign upon, against
or through which the message is displayed or illustrated on the sign.
Gross Surface Area of Sign. The" gross surface area of a sign" is the actual area of a face of the
sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregular
shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular
shape enclosing the extreme limits of each sign shall be the "gross surface area". In the event two (2) or more
signs share a single structure, each sign or panel may be considered separately for square footage purposes,
except that the combined footage of such signs cannot exceed the total square footage allowed for the sign.
Illuminated Sign. The term "illuminated sign" shall mean any sign which has characters, letters,
figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to
draw attention to, or to provide nighttime viewing of, the subject matter on the sign face.
Incombustible Material. The term "incombustible material" shall mean any material which will not
ignite at or below a temperature of twelve hundred (1,200) degrees Fahrenheit, and will not continue to burn
or glow at that temperature.
Logo. A "logo" is any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Non-structural Trim. The term "non-structural trim" shall mean the retainer, battens, cappings,
nailing strips, latticing and platforms which are attached to the sign structure.
Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of
any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.
Premise. Any parcel of real property, together with all buildings and structures thereon.
6
Searchlight. An apparatus capable of projecting a beam or beams of light in excess of two (2) million
peak candlepower or 250,000 lumen.
Sign. A "sign" is any medium, including its structure and component parts, which is used or intended
to be used to attract attention to the subject matter. A sign may include but is not limited to any device,
display, flag, banner, pennant, beacon, insignia, name, number, identification, illuminated translucent panel,
or any other medium which is determined to be a sign.
Sign, Advertising. An "advertising sign" is any sign which promotes or advertises commodities or
services not limited to being offered on the premises on which such signs are located. Advertising signs may
be designed to provide a changeable copy area.
Sign, Agricultural. An "agricultural sign" is any sign advertising options, features, or conveniences
offered by a business and installed in a manner considered temporary by the enforcing authority.
Sign, Amenity. An "amenity sign" is any sign advertising options, features, or conveniences offered
by a business and installed in a manner considered temporary by the enforcing authority.
Sign, Apartment. An "apartment sign" is any sign identifying an apartment building or complex of
apartment buildings.
Sign, Awning. An "awning sign" is any awning displaying a business name or logo.
Sign, Billboard. A "billboard sign" is any pole sign having a face exceeding one hundred (100) square
feet, and which promotes or advertises commodities or services available at a location other than where the sign
is located and shall include those signs whose message space is available for lease, rent, or hire.
Sign, Construction. A "construction sign" is any temporary sign identifying the property owner,
architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction
or improvement of the premises on which the sign is located.
Sign, Development. A" development sign" is any temporary, on-site promotional sign pertaining to
the development of land or construction of buildings. In residential districts, the intent of the sign shall be to
promote the subdivision and shall not display the name of any builder.
Sign, Directory. A" directory sign" is any sign listing the occupants within shopping centers,
industrial sites, retail districts, office districts, and commercial sites.
Sign, Garage Sale. A "garage sale sign" is any temporary, on-site promotional sign for the sale of
personal household goods in a residential zoning district or on the property of a non-profit organization.
Sign, General Business. A "general business sign" is any sign which is used to identify a business,
profession, service, product or activity conducted, sold or offered on the premises where such sign is located.
Sign, Ground (Temporary). A "temporary ground sign" is any sign which has a display surface
comprised of non-permanent letters which allows a change of copy by adding or removing letters and is
temporarily fixed to a vertical framework consisting of uprights and which is designed to be readily moved from
site to site.
7
Sign, Identification. An "identification sign" is any sign which is used to identify shopping centers,
industrial sites, retail districts and commercial sites.
Sign, Inflatable. An "inflatable sign" is any hollow sign expanded or enlarged by the use of air or
gas.
Sign, Institutional. An "institutional sign" is any sign used to identify schools, churches, hospitals
and similar public or quasi-public institutions.
Sign, Marquee. A "marquee sign" is any permanent structure which is attached to and supported by
a building and which projects outward from the building.
Sign, Monument. A "monument sign" is any sign mounted to a solid base support at ground level.
Sign, Multi-Purpose. A "multi-purpose sign" is an identification sign combined with either of the
following:
(a)
and/or
(b)
a directory sign
a reader board sign
Sign, Model Home. A "model home sign" is any temporary sign identifying a new home, either
furnished or unfurnished, as being the builder or contractor's model open to the public for inspection.
Sign, Municipally Owned. A "municipally owned" sign is any sign which identifies a park, entrance
to the City, place of interest within the City, and City-sponsored event, or any municipally owned facility. A
municipally owned sign does not include traffic or street identification signs.
Sign, Obsolete. An "obsolete sign" is any sign which no longer serves a bona fide use or purpose.
Sign, Pole. A "pole sign" is any sign which is erected on a vertical framework consisting of one (1)
or more uprights supported by the ground.
Sign, Political. A "political sign" is any sign promoting a political issue or a particular candidate for
public office.
Sign, Portable. A "portable sign" is any sign which is not permanently attached or affixed to the
ground, a building or other fixed structure or object. Portable signs include those signs installed on wheels,
trailers, skids and similar mobile structures.
Sign, Projecting. A "projecting sign" is any sign, except an awning, which projects perpendicularly
from a building and which has one end attached to a building or other permanent structure.
Sign, Reader Board. A "reader board sign" is any sign comprised of changeable letters which allows
a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the
sign allowed by this Ordinance.
Sign, Real Estate. A "real estate sign" is any temporary sign pertaining to the sale or rental of
property and advertising property only for the use for which it is legally zoned.
8
Sign, Roof. A "roof sign" is any sign erected upon or above a roof or parapet of a building or
structure.
Sign, Subdivision Entry. A" subdivision entry sign" is any free-standing sign identifying a residential
subdivision and located on site.
Sign, Subdivision Wall Plaque. A "subdivision wall plaque" is any sign attached to an approved
masonry screening wall.
Sign, V-Shaped. A "V-shaped sign" is any free-standing sign constructed of two (2) panels in the
form of a V, when seen from above, with a maximum angle between the panels of forty-five (45) degrees.
Sign, Wall. A "wall sign" is any sign erected flat against an exterior 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 considered a "wall sign" when forming a border for the subject
matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs.
Sign, Window. A "window sign" is any sign, banner, poster, or display located on the internal surface
of the window of any establishment which advertises services, products or sales available within said
establishment or which announces opening of said establishment.
Sign Setback. Sign setback shall be the horizontal distance between a sign and the front or side
property line, as measured from that part of the sign, including its extremities and supports, nearest to any point
on any imaginary vertical plane projecting vertically from the front or side property line.
Sight Visibility Triangle. Where one street intersects with another, the "sight visibility triangle" is
the triangular area formed by extending two curb lines a distance of forty-five (45) feet from their point of
intersection, and connecting these points with an imaginary line, thereby making a triangle. If there are no
curbs existing, the triangular area shall be formed by extending the property lines a distance of thirty (30) feet
from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle.
Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed
by measuring eight (8) feet to a point along the property lines and joining said points to form the hypothenuse
of the triangle.
ADMINISTRATION
27.2 Sign Permit Required
It shall be unlawful for any person to erect, replace, alter or relocate any sign within the City without
frrst obtaining a permit to do so from the Building Official, except as may be hereinafter provided.
27.3 Nonconforming Existing Signs
Every sign lawfully in existence on the date of passage of this Ordinance may be repaired without
applying for a permit hereunder, but no such sign or sign facing shall be altered or moved unless a permit be
issued pursuant to the provisions of this Ordinance. In the case where a sign facing is being replaced for the
9
same business, a permit is not required. Temporary permits granted prior to the passage of this Ordinance shall
be renewed only if the applicant complies with all provisions of this Ordinance.
27.4 Application for Sign Permit
Application for a permit required by this Ordinance shall be made upon forms provided by the Building
Official, and shall contain or have attached
thereto the following information:
(a) Sign use classification.
(b) Name, address and telephone number of the applicant.
(c) Name, address and telephone number of owner.
(d) Name, address and telephone number of person or frrm erecting the sign.
(e) A plan drawn to scale showing the 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) Such other information as the Building Official may require to show full compliance with this
Ordinance and all other laws and Ordinances of the City and State.
27.5 Exemptions from Permit Requirements
A permit shall not be required for the following signs, provided however, such signs shall otherwise
comply with all other applicable sections of this Ordinance:
(a) Signs not exceeding eight (8) square feet in area, which advertise the sale, rental or lease of the
premises on which such signs are located.
(b) Nameplates not exceeding one (1) square foot in area.
(c) Temporary political signs on private property.
(d) Signs not exceeding thirty two (32) square feet in area for public, charitable or religious
organizations when the same are located on the premises of the institutions.
(e) Temporary construction signs, not exceeding sixteen (16) square feet in area, denoting the
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 occupant in a commercial building or public institutional building.
10
(g) Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry
surface or when constructed of bronze or other incombustible 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 such. In addition, a single
flag which shows an emblem or logo of a ftrm of corporation is allowed when it is erected on a free-
standing flagpole with a minimum setback of eight (8) feet behind the property line.
(i) On-site, directional signs not exceeding eight (8) square feet, provided such directional signs do
not contain advertising and are not used as such. When such signs are illuminated, a permit must be
obtained for the electrical components of the installation.
(j) Traffic or street signs, legal notices, railroad crossing signs, danger, and such emergency,
temporary or non-advertising signs as may be approved by the City Councilor the City Manager or his
authorized representative.
(k) Signs located inside a building and which are not displayed so as to be visible from outside the
building. Signs located in covered mall buildings shall comply with the current Building Code and
Electrical Code.
(I) Window signs, provided all other requirements are met.
(m) Garage sale signs, maximum of eight (8) square feet in area, and located on the property where
the garage sale is being held.
(n) Copy change only for previously permitted Advertising signs designed to provide a changeable
copy area.
27.6 Signs Requiring Electrical Inspection
The primary alternating current wiring on all signs shall comply with the National Electrical Code
Specification. All secondary transformed power shall be self-contained within the sign structure. Individual
lighted letters not containing secondary wiring and components are to be mounted on a common metal channel
and all secondary wiring and components shall be contained within the common metal channel.
Both channel and letters must contain weep holes to drain water, each hole shall not be larger than one-
half (112) inch, nor smaller than one-fourth (114) inch. No combustible materials other than approved plastics
shall be used in the construction of any sign containing electrical wiring.
27.7 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 the sign permit to the
applicant.
11
27.8 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 failed or refused to pay any fees or costs assessed against him under the provisions of this
Ordinance.
27.9 Investigation Fee: Work Without a Permit
(a) Investigation. Whenever any work for which a permit is required by this Ordinance has been
commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued
for such work.
(b) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a
permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee
required by this Ordinance. The payment of such investigation fee shall not exempt any person from
compliance with all other provisions of this Ordinance nor from any penalty prescribed by law.
27.10 Permit Valid Only for One Hundred and Eighty (180) Days
If the work authorized by a permit issued under this Ordinance has not been commenced within one
hundred and eighty (180) days after the date of issuance, the permit shall become null and void.
27.11 Permit Revocable
The Building Official may suspend or revoke any permit issued under the provisions of this Ordinance
whenever he shall determine that the permit is issued in error or on the basis of incorrect or false information
supplied, or whenever such permit be issued in violation of any of the provisions of this Ordinance or any other
Ordinance of this City of laws of this State or the Federal Government. Such suspension or revocation shall
be effective when communicated in writing to the person to whom the permit is upon which the sign is located.
Any signs installed under a revoked permit shall be removed by the permit holder, sign owner, or property
owner within ten (10) days of written notice of the revocation.
27.12 Inspection
The Building Official may 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.
27.13 Removal of Obsolete Signs
Any sign which the Building Official determines no longer serves a bona fide use or does not conform
to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land,
buildings or structure upon which such sign is located within ten (10) days after written notification to do so
from the Building Official.
12
27.14 Removal or Repair of Dilapidated or Deteriorated Signs
If the Building Official shall determine that any sign exists in a dilapidated or deteriorated condition,
or is a menace to the public, he shall give written notice to the person or persons responsible for such sign.
The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the
sign within ten (10) days after such notice. The Building Official may cause any sign which is an immediate
peril to persons or property to be removed summarily and without notice.
27.15 Removal Expenses
Any sign described under Sections 27.10., 27.12, or 27.13 shall be removed by the permittee, sign
owner, or property owner within ten ( 10) days after written notification to do so by the Building Official.
Upon failure to comply with such notice, the Building Official is hereby authorized to enter upon the property
upon which such sign is located, and to cause the removal of such sign. The owner of the land, building or
structure to which such sign is attached and upon which it is erected and the owner of such sign and the sign
permittee are jointly and severably liable for any expense incident to removal.
27.16 Appeals
Appeals to the provisions of this Ordinance shall be heard by the Board of Adjustment as described in
the Zoning Ordinance in accordance with the following: The Board shall consider as criteria for granting a
variance such factors as the type of sign, the location, existence of signs in the general area, and such other
factors as they deem pertinent. 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,
conservation of land, protection of property values, and encouraging the highest and best use of the land.
In considering the request for variation to requirements of this Ordinance, the Board of Adjustment shall
consider, but not be limited to, the degree of variance, the reason for 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 with the City. The decision of the Board of Adjustment shall be final. A variance from this
Ordinance is valid only if a permit is secured within ninety (90) days from the date of the decision.
When considering an appeal to this Ordinance, members of the Board of Adjustment shall constitute a
quorum. A concurring vote of a majority of those present shall be necessary to render a decision in favor of
the appellant, or to overrule any interpretation of this Ordinance by the Building Official.
SPECIFIC LIMITATION PROVISIONS
27.17 Requirements for Wall Signs
(a) Projecting Signs. The horizontal portion of any projecting sign shall not be more than six (6)
feet in length, not to exceed 12 square feet, measured from the building face and shall not be closer than two
(2) feet from the back of the curb line. The height of the sign shall not exceed two (2) feet. Such signs shall
be an integral part of the architectural design of the building. Vertical clearance shall be subject to the
requirements of subsections (d) and (e) of this section.
13
(b) Marquee Signs. Marquee Signs shall be built as an integral part of the marquee and shall be
constructed of incombustible material. Such signs shall not exceed forty (40) square feet or the product of two
(2) times the lineal footage of the building or store frontage for which such sign is 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. Marquee signs shall not extend above the wall to
which they are attached. Vertical clearance shall be subject to the requirements of subsections (d) and (e) of
this section. Marquee signs may be illuminated.
(c) Wall Signs.
(1) Wall signs shall not exceed forty (40) square feet or the product of two (2) times the
lineal footage of the wall area available to such signs or store frontage for which such
signs are intended, whichever is lesser. Such signs shall not have a vertical height of
more than six (6) feet, nor exceed seventy-five (75) percent of the width of the available
wall area or store frontage. Vertical clearance shall be subject to the requirements of
subsections (d) of this section. Wall signs shall not extend above the wall to which they
are attached. Wall signs shall be limited to the following categories: Advertising,
Apartment, Construction, General Business, Identification, Institution, and Real Estate
SIgns.
(2) In the case where two (2) or more wall signs are installed in a single wall area, the gross
surface area may not exceed two (2) times the lineal width of the wall area available to
such signs. Such signs shall not be arranged as to have a vertical height of more than six
(6) feet. The combination of the sign widths, when placed side by side, shall not exceed
seventy-five (75) percent of the width of the wall available to such signs.
(3) General business wall signs must be located over the business for which they are
intended. Wall signs may be illuminated, however, illuminated wall signs on rear
building facades shall be prohibited unless facing a non-residential zoning district.
(d) Projection Over Private Property. Projections other than awning or canopy signs over private
property shall be allowed over pedestrian sidewalks, walkways and corridors, but not to exceed the following:
Vertical Clearance
Maximum Projection
7 feet or less
7 or 8 feet
8 feet or more
3 inches
12 inches
4 feet
(e) Awning Signs. An awning sign may extend the full length of the wall of the building to which
it is attached and shall be no more than six (6) feet in height and shall not be placed less than seven (7) feet
above the walking surface below it. Art work or copy on awning signs shall be limited to a business name
and/or logo and shall not exceed twenty (20) percent of the area of the awning and shall extend for no more
than fifty (50) percent of the length of the awning.
(f) Canopy Signs. A "canopy sign" may be placed on or be an integral part of the face of a
canopy. The sign may consist of only the name and/or logo of the business at the location of the canopy and
may be no greater in size than ten (10) percent of the face of the canopy of which it is a part of or to which
14
it is attached, or a maximum of twenty-five (25) square feet, whichever is greater. An illuminated stripe may
be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The
width or thickness of the stripe shall be limited to one-third (1/3) of the vertical dimension of the face of the
canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or
stripe is permitted.
(g) Subdivision Wall Signs or Plaques. Subdivision wall signs or plaques are limited to residential
zoning districts and shall not exceed thirty (30) square feet. Subdivision wall signs or plaques are limited to
two (2) per subdivision entry and may be illuminated by means of spot-lighting only. Subdivision wall signs
or plaques shall only be attached to an approved masonry screening wall. Subdivision wall signs or plaques
shall only be allowed in the absence of a free-standing subdivision entry sign.
(h) Window Signs. Window signs are permitted. The total area of all window signs on an
elevation of a building may not exceed twenty-five (25) percent of the window area of that elevation.
27.18 Requirements for Free-Standing Signs
(a) Advertising Signs. Advertising signs shall be erected in districts zoned B-1, B-2 and I, and
shall not exceed one hundred (100) square feet. Maximum height of an advertising sign shall be twenty (20)
feet with a required setback of thirty (30) feet from the front and side property lines. Spacing between signs
shall be a minimum of sixty (60) feet.
(b) Agricultural Signs. Agricultural signs, limited to advertising produce crops or animals on a
farm, may be erected in any Agricultural (A) zoning district, and shall not exceed fifty (50) square feet.
Maximum height of an agricultural sign shall be fifteen (15) feet with a required setback of thirty (30) feet from
the front and side property lines. Spacing between signs shall be a minimum of two hundred (200) feet.
(c) Apartment Signs. Apartment signs may be erected in any residential zoning district, and shall
not exceed twenty-five (25) square feet. Maximum height of an apartment sign shall be ten (10) feet for a
monument sign and twelve (12) feet for a pole sign, with a required setback of fifteen (15) feet from the front
property line. Apartment signs are limited to one (1) per street front.
(d) General Business Signs.
(I) General Business signs may be erected in non-residential zoning districts, and shall not
exceed ninety (90) square feet for monument signs and sixty (60) square feet for pole
signs. Maximum height of a general business sign shall be ten (10) feet for a monument
sign and twenty (20) feet for pole signs. Required setback shall be eight (8) feet from
the front property line and shall be located a minimum of six (6) feet from adjoining
private property lines and a minimum of sixty (60) feet from any other free-standing sign.
(2) General Business signs shall be constructed of materials that are not subject to
deterioration when exposed to the weather. Internally illuminated general business signs
must be constructed of incombustible material or approved plastics.
15
(e) Identification Signs.
(1) An identification sign may be erected in non-residential zoning districts, and shall not
exceed one hundred and fifty (150) square feet for monument signs and one hundred
(100) square feet for pole signs. Maximum height of an identification sign shall be ten
(10) feet for a monument sign and twenty (20) feet for pole signs. Required setback shall
be eight (8) feet from the front property line and six (6) feet from adjoining private
property lines, and the sign shall be located a minimum of sixty (60) feet from any other
free-standing sign.
(2) Identification signs shall be constructed of materials that are not subject to deterioration
when exposed to the weather. Such signs, when internally illuminated, must be
constructed of incombustible materials or approved plastics.
(f) Institution Signs. Institution signs may be erected in non-residential and residential zoning
districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten (10) feet, except that
monument type signs in non-residential zoning districts may be ninety (90) square feet with a maximum height
of ten (10) feet. Required setback shall be fifteen (15) feet from the front property line and institution signs
are limited to one (1) per street front.
(g) Multi-Purpose Signs
(1) The identification portion of a multi-purpose sign shall not exceed fifty (50) square feet.
The directory portion shall not exceed seventy (70) square feet and the reader board
portion shall not exceed thirty (30) square feet. Multi-purpose signs may have any
combination of directory and reader board area.
(2) The total area of pole multi-purpose signs shall not exceed one hundred and fifty (150)
square feet. In the case of monument multi-purpose signs, the maximum overall area
shall be two hundred and twenty-five (225) square feet, however, the copy area shall be
limited to one hundred and fifty (150) square feet leaving a base area of seventy-five (75)
square feet.
(3) Multi-purpose signs may be erected in non-residential zoning districts only.
(4) Maximum height shall be ten (10) feet for multi-purpose monument signs and twenty (20)
feet for pole multi-purpose signs.
(5) Required setback for multi-purpose signs shall be thirty (30) feet from front and adjoining
private property lines. Multi-purpose signs are limited to one (1) per street front and a
minimum spacing of sixty (60) feet from any other free-standing sign must be maintained.
(6) Multi-purpose signs shall be constructed of materials not subject to deterioration when
exposed to the weather and when internally illuminated must be constructed of
incombustible materials or approved plastic.
(h) Municipally Owned Signs. Municipally owned signs may be erected in any zoning district and,
if exceeding one hundred (100) square feet, shall be reviewed by the Building Official for specific approval.
Municipally owned signs shall not be placed in any sight visibility triangle and shall be located at least twenty-
16
five (25) feet from any privately owned parcel of land. Maximum height of monument styled municipally
owned signs shall not exceed ten (10) feet and pole signs shall not exceed twenty (20) feet in overall height.
(i) Subdivision Entry Signs. Subdivision entry signs may be erected in residential zoning districts
and shall not exceed thirty two (32) square feet with a maximum height of two (2) feet, six (6) inches.
Required setback shall be three (3) feet from the front property line and signs are limited to two (2) per
subdivision entryway. Free-standing subdivision entry signs shall only be allowed in the absence of subdivision
wall signs or plaques.
(j) Projections or Overhangs on Free-standing Signs. Any projecting or overhanging portion
of a free-standing sign must be a minimum of ten (10) feet above any walkway and fourteen (14) feet above
driveways.
(k) No advertising matter shall be displayed on or attached to any free-standing sign. No guys,
braces, attachments, banners, flags, balloons, or similar devices shall be attached to any sign.
(I) Wheel or Bumper Guard Protection for Free-standing Signs. Free-standing signs shall be
protected by wheel or bumper guards when required by the Building Official.
27.19 Illumination
(a) A sign in a residential district, where allowed by this Ordinance, may be illuminated. Any
illumination shall be located so as not to produce intense glare or direct illumination across the bounding
property line. Internal illumination shall not exceed 40 watts per every twenty-five (25) square feet or any
portion thereof of the sign face.
(b) Only a sign which has illumination that is turned on and off at a rate equivalent to, or less than
twice an hour, excluding time and temperature, is permitted.
27.20 Temporary Signs
(a) Banners. A temporary banner is allowed and shall be securely attached to the front or side of
a building structure. The total number of banners per business shall not exceed two (2) per calendar year, and
a banner shall not be displayed for more than one (1) consecutive thirty (30) day period during the calendar
year. Banners shall be kept in good repair and remain firmly anchored or secured. Banners are prohibited in
single- family residential districts.
(b) Construction Signs. Construction signs may be erected in non-residential and residential zoning
districts and shall not exceed thirty-two (32) square feet with a maximum height of fifteen (15) feet. Required
setback shall be twenty (20) feet from front property line and signs are limited to one per street front. A
construction sign shall be removed prior to the issuance of a Certificate of Occupancy or in the case of a
dwelling prior to the fmal building inspection. Construction signs at sales offices in residential subdivisions
may remain until the Certificate of Occupancy for the office is invalid.
(c) Development Signs. Development signs may be erected in non-residential and residential zoning
districts, and shall not exceed one hundred (100) square feet. Such signs must be related only to the property
on which they are located. Maximum height of a development sign shall be twenty (20) feet. Required setback
for a development sign shall be thirty (30) feet or the required building line if less than thirty (30) feet. Each
development may have one (1) such sign or one (1) for each fifty (50) acres. A development sign must be
17
removed when the project is ninety (90) percent complete. In the case of a commercial project, ninety (90)
percent complete means when a Certificate of Compliance is issued for a shell building. For a residential
project, ninety (90) percent complete means when ninety (90) percent of the subdivision is permitted.
(d) Model Home Signs. Model home signs may be erected in residential zoning districts and shall
not exceed sixteen (16) square feet with a maximum height of six (6) feet. Required setback shall be fifty (50)
percent of the distance between the front property line and the building, but no less than ten (10) feet from the
front property line. Model home signs are limited to one (1) per premise. Each builder in a subdivision may
have one (1) model home sign and the permit for such sign shall be granted for a period of time to coincide
with the validity of the model home's Certificate of Occupancy.
(e) Political Signs. Political signs are allowed on private property and shall be prohibited on rights-
of-way, or any other public property. Political signs may be placed no more than one hundred-twenty (120)
days prior to the election for which the sign is applicable, and no more than fifteen (15) days after the election
has taken place. Political signs placed on property which is zoned residential may be no greater than thirty-two
(32) square feet in area. Political signs placed within the rights-of-way or upon public property may be
removed and disposed of by City of Wylie personnel.
(f) Real Estate Signs. Real estate signs may be erected in non-residential and residential zoning
districts and shall not exceed thirty-two (32) square feet with a maximum height of fifteen (15) feet. Required
setback shall be eight (8) feet from front property line and signs are limited to one per street front. A real
estate sign shall be removed upon the sale of the property.
(g) Searchlights. Searchlights may be permitted in accordance with any applicable regulations. A
permit for use of an advertising searchlight may be granted under the following additional regulations:
(1) A searchlight shall be located a minimum distance of fifty (50) feet from a public right~
of-way and positioned so as to project all beams at a minimum angle of thirty (30)
degrees from grade level.
(2) The maximum light intensity generated by searchlights on any premise may not exceed
a total of one thousand six hundred (1,600) million foot candlepower. No more than four
(4) beams of light may be projected from any premise.
(3) All searchlights must be designed and maintained so as to prevent beam rays of light from
being directed at any portion of the travelled ways or adjoining property, and no light
shall be of such intensity or brilliance to cause glare to or impair the vision of the driver
of any vehicle.
(4) No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00
a.m.
(5) No advertising searchlight may be operated on a premise for more than seven (7)
consecutive days. No permit for an advertising searchlight may be issued for any
business entity for which a permit has been issued for a searchlight on the same premise
within the last six (6) months preceding the date of the permit application.
18
(h) Promotional Signage
(I) Promotional signage described in subparagraph (2) below is allowed for two (2), two
week periods each calendar year per legal business. A two week period will commence on the
first day promotional signage is displayed. The two, two week periods shall not occur in the
same or consecutive months. A legal business shall include any commercial, industrial, or
institutional use for which the Building Inspection Department has issued a Certificate of
Occupancy. In the case of a special promotion for a grand opening celebration, one (1) period
may be extended to a three week period provided the promotion commences within the first three
(3) months of the date of issuance of a Certificate of Occupancy and the grand opening is limited
to the address noted on the Certificate of Occupancy.
(2) Promotional signage may include banners, flags, pennants, streamers, balloons, inflatable
signs, and any legal signs allowed by these provisions. a searchlight may be used provided it
complies with all other provisions of this Article. Any device described as promotional signage
shall not exceed an overall height of thirty-five (35) feet.
(3) A separate permit is required for each two week period promotional signage will be used.
If any device described as promotional signage in subparagraph (2) above is installed prior to
issuance of a permit, an investigative fee will be assessed in addition to the permit fee.
(4) Promotional signage shall be contained on the property of the legal business and shall not
extend into the City right-of-way. Signage shall not be located in any sight visibility triangle nor
shall nay combustible materials be placed in contact with lighted signs or any electrical fixtures.
27.21 General Requirements for Free-Standing Signs
(a) Free-standing signs shall not be placed in any sight visibility triangle.
(b) In the case of a multiple-faced sign, the gross surface area of each face shall not exceed two (2)
times the allowable square footage divided by the number of sign faces.
27.22 Wind Pressure and Dead Load Requirements
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 City of Wylie.
27.23 Maintenance of Signs
All signs and supports shall be maintained so as not to create a dilapidated or deteriorated condition.
19
27.24 Construction Types
Monument and pole construction types may be used for any free-standing signs. Monument signs are
limited to a maximum height of ten (10) feet.
PROHIBITED SIGNS
27.25 Obscene, Indecent and Immoral Material
It shall be unlawful for any person to display any obscene material upon any sign, as defined by Federal,
State and Local Statutes or Ordinances.
27.26 Obstructing 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.
27.27 Attachment of Standpipe or Fire Escape
It shall be unlawful to attach any sign to a standpipe or fire escape.
27.28 Interference with Traffic
It shall be unlawful to erect, relocate or maintain any sign in such a manner as to obstruct free and clear
vision at any location whereby, by reason of position, size, movement, shape, color, flashing, manner or
intensity of illumination, such sign may interfere with vehicular or pedestrian traffic. Further, it shall be
unlawful to 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 device. Accordingly, no sign shall make use of the words, "Stop",
"Go", "Look", I. Slow " , "Danger", or any other similar word, phrase, symbol or 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 traffic.
27.29 Mobile or Portable Signs
(a) It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the
primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does
not restrict the identification signs on vehicles used for any bona fide business activity when said vehicle is
legally licensed for use in public streets.
(b) Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed to
remain parked in the same location, or in the same vicinity, at frequent or extended periods of time, where
the intent is apparent to be one of using the vehicle and signs for purposes of advertising an establishment,
service or product. Vehicles operating under a city franchise shall be excluded from this provision.
(c) A-frame signs and sandwich board signs are prohibited and unlawful.
20
27.30 Advertising Matter Placed on or Suspended from Buildings,
Light Fixtures, Poles, Sidewalks, etc.
(a) No person shall place on or suspend from any building, light fixture, 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) Suspending from or placing signs on a light fixture shall be prohibited.
27.31 Painting, Marking, etc., Streets, 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, utility pole, public building,
fence or structure except as otherwise allowed by Ordinance.
27.32 Attaching Advertising Matter to Fences, Utility Poles, etc.
and Scattering Advertising Matter on Streets and Sidewalks
(a) No person, frrm, corporation or association of persons, shall paste, stick, tack, nail or otherwise
place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising
or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric 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. Signs or other printed or written matter in violation of this section may be impounded and
disposed of by the City.
(b) It shall also be unlawful for any person to scatter or throw any handbills, circulars, cards, tear
sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of
Wylie.
27.33 Signs Prohibited on or Over Public Property
No portion of any sign shall be erected on or over public property, or in the right-of-way of any
thoroughfare within the City, unless the same be erected by the City, or with the permission of the City, for
public purposes. Any sign in violation of this section may be impounded and disposed of by the City.
Exception. Signs attached to the face of any building located in the Downtown District may be erected
over the public sidewalk provided the sign projects no more than the width of the sidewalk minus one (1) foot
and provided the clearance between the bottom of the sign and the sidewalk below is a minimum of eight (8)
feet.
21
27.34 Certain Signs Prohibited
(a) No sign shall be illuminated to such an intensity or in such a manner, as to cause a glare or
brightness to a degree that it constitutes a hazard or nuisance. Moving, flashing, intermittently lighted,
changing color, beacons, revolving or similarly constructed signs shall not be allowed. Alternating electronic
data control components showing time and temperature may be allowed.
(b) No lighted sign shall be erected within one hundred and fifty (150) feet of a residential district
unless it meets the illumination criteria listed in subparagraph (c) below.
27.35 Balloons, Flags, Pennants and Other Floating Devices
Used for Advertising Purposes
No person shall erect, maintain or permit the erection of, for advertising purposes, any balloons, flags,
pennants or other floating or inflatable device permanently anchored to the ground or to any other structure
within the City of Wylie except as approved under promotional signage.
27.36 Roof Signs
Roof signs are prohibited and unlawful.
27.37 Billboard signs
Billboard signs are prohibited and unlawful.
27.38 Off Premise Signs
Signs advertising or promoting businesses, offices, retail, commercial, or any other use permitted by
this ordinance, located at a place other than where the sign is physically located is prohibited.
SECTION V
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1 of Chapter 12
of the Wylie City Code be, and it hereby is, further amended by addition of the following to Section 33
SPECIAL DEFINITION:
"Section 33.78A Sexually Oriented Business - An adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency,
nude model studio, or sexual encounter center."
22
SECTION VI
That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1 of Chapter 12
of the Wylie City Code be, and it hereby is, further amended by the following changes to Section 35
CHANGED AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND
ADMINISTRATIVE PROCEDURES:
1) The existing Section 35.2 Authority to Amend Ordinance is deleted and the following substituted
therefore:
"SECTION 35.2 Authority to Amend Ordinance: The City Council may from time to time, after
receiving a fmal report thereon by the planning and zoning commission and after public hearings required by
law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts.
All such amendments shall be effective only upon passage of an ordinance making the appropriate
amendment(s). "
2) The existing Section 35.6 Final Approval and Ordinance Adoption is hereby deleted in its entirety.
SECTION VII
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie Zoning Ordinance, City Code
as set forth in Section 38 thereof, as the same now exists or is hereafter amended.
SECTION VIII
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or
held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole
or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or
unconstitutional.
SECTION IX
This ordinance shall be in full force and effect from and after its adoption by the City Council and
publication of its caption as the law and the City Charter provide in such cases.
SECTION X
That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any
such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall
remain in full force and effect.
23
SECTION XI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed
as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of
discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of
the municipality under any section or provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of April,
1993.
BY~~' {JL:;
John W. Akin
Mayor
ArffiST: {t,(.~I1.(~
Mary Nicho s
City Secretary
24