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Ordinance 2022-34 ORDINANCE NO.2022-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2015-09 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLE 6, SECTION 6.3, DOWNTOWN HISTORIC DISTRICT; AMENDING CERTAIN REGULATIONS; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Article 6, Section 6.3, Downtown Historic District, of Ordinance No. 2015-09, the Zoning Ordinance, as amended,to amend certain regulations; and WHEREAS,the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries,and therefore,written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law,public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS,the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below,and that such amendments are in furtherance of the health,safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 6, Section 6.3 Downtown Historic District of Wylie's Zoning Ordinance, Ordinance No. 2015-09, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof Ordinance No.2022-34—Downtown Historic District Amendments Page 1 of 2 irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local,state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 26th day of April, 2022. Matthew Porter, Mayor ATTEST: �" U Stephanie Storm,City Secretary DATE OF PUBLI AgkAt,4;'20 2 The Wylie News Ordinance No.2022-34—Downtown Historic District Amendments Page 2 of 2 %AI IN L CITY OF WYLIE ZONING ORDINANCE ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS SECTION 6.3 DOWNTOWN HISTORIC DISTRICT(DTH) A. Purpose Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy of preservation as a historic district. This district provides development and design standards that preserve the historic and architectural character of existing development, provides for adaptive reuse of existing buildings,and the compatibility of new structures and uses with the historic nature of downtown. A contributing building and/or structure is one which retains a high degree of architectural integrity that adds to the overall historic character of the district, and was built during the period of significance for the district, generally more than 50 years ago. A non-contributing building and/or structure means a building not contributing to the historic significance of the district and does not add to the district's sense of time and place, and historical development; or one where the location, design, setting, materials, workmanship, feeling, and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost. Generally, less than 50 years old. B. District Boundaries 1. The Downtown Historic District (DTH) is generally bounded by State Highway 78 on the south, Cottonbelt Avenue on the west, from Elliot Street to Brown Street, and including property north of Brown Street on Keefer, and to the eastern property line of those lots facing west on Second Street from Brown Street to the north and Marble Street to the south, and those properties north of Brown Street along Ballard Avenue facing east and continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet of frontage of those lots facing west and continuing north parallel to Ballard Avenue and encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of the James Truett Abstract. 2. The precise boundaries of the Downtown Historic District shall be shown on the official zoning map of the City of Wylie. The boundaries of the Downtown Historic District may be amended from time to time based on a request from area property owners, a request of the staff, the Commission, or at the pleasure of the Council. In considering a request for a change in district boundaries,the Council shall require: L a. Any additions to the district shall be contiguous to the existing boundaries of the district; IA/ I, CITY OF WYLIE ZONING ORDINANCE b. Any reductions in the district shall be located on the edge of the district such that a hole is not left inside the district; and c. If requested by a property owner, a petition shall be presented showing owners of more than 50 percent of the land within the district, excluding streets, and owners of more than 50 percent of the building sites in the district are in support of the requested change in boundaries. - I t 1 j 1i�i.. I'` 8 i! Iii •outinghilm e Wows fay �• a. 1 t. • ..r ri ii IP • 11 •. : tin / . /' • • i! . ••• . 1 / ' Ao•o a . ..�. t _„r_.. ._a_. - • .j , ... i ' i I c:......„.1 io . • • • ; . 1 . • t / i I •I. ♦ 1 - , --.1..----" LI , 1 FIGURE 6-1 DOWNTOWN HISTORIC DISTRICT BOUNDARIES C. General Provisions 1. Site plan and design review submitted to the Planning Department is required for new construction and substantial renovation of existing buildings within the Downtown Historic District. All demolition request and work for contributing buildings and/or structures that CAI IN CITY OF WYLIE ZONING ORDINANCE do not qualify as routine maintenance must be reviewed by the Historic Review Commission a. Historic Review Commission (HRC) shall be appointed by the City Council and shall consist of seven (7)members in accordance with Ordinance 2013-17, and as amended. b. The HRC will be responsible for reviewing and recommending an action to the Planning and Zoning Commission and/or the City Council for proposed new construction or substantial renovation, revisions to the ordinance, and planning efforts to fulfill the purpose of the Downtown Historic Ordinance and to consider future amendments and long-range goals of the District. c. Submission of Plans. A completed application shall be submitted with a fee, accompanied by the following, and any other necessary documents required by the Planning Department. i. Site Plan showing existing and proposed structures and improvements ii. Interior floor plan showing all spaces, doors and windows iii. Exterior elevations including 1. Existing&proposed changes 2. Doors & windows 3. Architectural features 4. Trim details 5. Material details iv. Roof Plan v. Accessory Structures vi. Sections (for additions) 2. Substantial renovations as listed below require review by the HRC and City Council: a. Alterations to the exterior of existing buildings that change the placement or design of windows, doors or other exterior features of the building such as coping or pilasters; b. An increase in the floor area of the building greater than 10 percent. c. Adding new exterior building materials that do not match the existing materials. d. Interior renovation of existing buildings that alter the exterior appearance of the building (e.g., a drop ceiling that covers part of an existing window) 3. Common routine maintenance items as listed below may be reviewed at staff level. a. Installation of an awning located on an accessory building, or on the rear facade of a main building. b. Shingle replacement that does not include a change in color or style. c. Siding replacement that meets the requirements of this ordinance. d. Application of paint that is the same color as the existing or that is an appropriate dominant, trim, or accent color and part of an historic color palette. e. The process of cleaning (including but not limited to low-pressure water-blasting and stripping, but excluding sandblasting and high-pressure water blasting. f. Painting, replacing, duplicating or stabilizing deteriorated or damaged architectural features (including but not limited to roofing, windows, columns, and siding) in order to maintain the structure and to slow deterioration. 1AI IN CTYOF WYLIE ZONING ORDINANCE g. Interior renovation of existing buildings that do not alter the exterior appearance of the building. 4. Physical properties of an existing building such as setbacks, foot prints, height, or other similar characteristics that cannot be altered without substantial hardship are not required to meet the development or design standards within this article. All other provisions shall apply. 5. All new development shall comply with the Site Design Standards included in Subsection 4, and the Architectural Standards in Subsection 5. 6. Submission of Plans for Landmark Designation shall be delivered to the City of Wylie Planning Department, a minimum of 30 days prior to the meeting date set for the Historic Review Commission a. Required Documentation: i. Completed application on forms provided by the City of Wylie with applicable fees ii. Stated criteria met in accordance with Article II Landmarks, Section 58.23 of the Code of Ordinances, as amended iii. Documented history of the structure, complete with photos b. Review Criteria i. Staff prepares a written report documenting the historical facts of the property and stating any impact that the owner may have with a historic landmark designation on the owner's property. ii. Staff will present the completed application for consideration by the Historic Review Commission. iii. The Commission will make a recommendation to the City Council. Designation of city landmarks will be made in accordance with Local Government Code 211, Section 211.0165, as amended. Approved> Applicant receives approval, obtains •mit taff earin. HLM Designation Ap► ication ' --view : ' ction Denial can be resubmitted to HRC Denied > with appropriate changes D. Permitted Uses 1. The Downtown Historic District may contain any combination of uses shown in the Use Chart in Article 5, Section 5.1. 2. Within the Downtown Historic District there are both residential and nonresidential uses which may be located in either residential structures or commercial structures. To maintain 1AI IN CITY OF WYLIE ZONING ORDINANCE the architectural and historic character of existing blocks where one type of structure predominates, the following regulations shall apply. a. Residential uses may be in residential structures or commercial structures. Residential uses in commercial structures are only allowed if they occupy less than 40 percent of the floor area of the building; and do not occupy the area adjacent to the street front. b. Nonresidential uses may be in residential or commercial structures.Nonresidential uses in residential structures must be in those blocks where existing residential structures predominate. c. In block faces within the District that are currently developed with residential structures, new construction shall be of historic design. Either residential or nonresidential uses may be located in the residential structures. d. In block faces within the Downtown Historic District that are currently developed with commercial structures, new construction shall be of historic design. e. Only residential uses are permitted for those lots along Cotton Belt Avenue, and along Keefer Street from Elliot Street on the south to Brown Street on the north, as depicted in Figure 6.1 and on the official zoning map of the City of Wylie. E. Downtown Historic District Development and Design Standards and Guidelines 1. All properties must meet requirements provided in this section for Site Design, and Architectural Standards. 2. Purpose of Downtown Historic District Design Standards. The purpose of these design standards is to ensure the preservation of the historic and architectural qualities which make the Downtown Historic District a unique place by permitting new development compatible with existing historic buildings and by maintaining the historic and architectural qualities of existing buildings. a. Site Design Standards. The purpose of the Site Design Standards is to provide for building and parking placement compatible with existing development. b. Architectural Standards. The purpose of the Architectural Standards is to provide for the preservation of existing historic and architectural qualities of Downtown Wylie, ensure new construction is compatible with these qualities, and to protect and promote the uniqueness of downtown as a commercial area. c. Encourage the retention of original architectural elements: i. Wood Windows ii. Wood Doors iii. Columns iv. Chimneys v. Porches vi. Trim d. Discourage: i. Painting original brick that has never been painted %AI I, CITY OF WYLIE ZONING ORDINANCE ii. The removal or replacement of original windows and doors iii. The enclosure of porches iv. The use of cementitious fiber board products except along ground v. The use of vinyl windows 3. Standards and Guidelines for Demolitions and Relocation. a. DEMOLITION Prior to Demolition of a structure, a letter from a structural engineer is required. Each request for demolition shall be considered on a case by case basis for contributing structures. Demolition of a structure will NOT be allowed if any of the items below are met: 1. A structure is of architectural or historical interest and/or value or its removal would be detrimental to the public interest, or 2. The building contributes significantly to the character of the historic district and demolition would create a detrimental view or adversely affect the existing buildings on the block, or 3. A structure is contributing or unusual or uncommon design and materials and it could not be reproduced without great difficulty and/or expense, or 4. If its proposed replacement would not make a positive visual contribution, would disrupt the character or be visually incompatible within the historic district. Demolition of a structure MAY be allowed if any of the following criteria is met: 1. The building has lost its architectural and historical integrity and importance and its removal will not result in a negative, less appropriate visual effect on the historic district, or 2. The structure does not contribute to the historical or architectural character and importance of the historic district(e.g.a noncontributing structure),and its removal will result in a positive, appropriate visual effect in the district. b. RELOCATION A building may only be moved from one site to another site within the historic district under the following conditions: 1. The building is seriously threatened in its original location, 2. The integrity and structural soundness of the building will be maintained, 3. The building will be compatible with the overall character, visual appearance and site orientation of existing buildings on the block at the new location, and 4. The removal of the building from its original site will not create a detrimental view or loss of integrity on its immediate block. A building may be moved from a site outside of the historic district to a site within the historic district under the following conditions: '•I IN CITY OF WYLIE ZONING ORDINANCE 1. The integrity and structural soundness of the building will be maintained, 2. The building will be compatible with the overall character, visual appearance, and site orientation of existing buildings on the block at the new location, and 3. Any proposed replacement at the original site will result in a more positive visual effect on its immediate block. 4. Any relocated building moved into the historic district shall be rehabilitated and/or repaired in accordance with the applicable sections of these guidelines so as to retain the original character, architectural details, design, and materials of the structure. 4. Site Design Standards a. Building Placement- Commercial Structures i. Buildings shall be placed on the front property line. Buildings may be moved back from the front property line a total of four feet to provide for wider sidewalks and entries, if: The building takes up an entire block face; or is located on a corner; or has a total frontage of more than 50 percent of the block face. ii. New commercial structures shall be allowed only in block faces which are predominantly developed with existing commercial structures, or are predominately vacant land. iii. Buildings shall be placed on the side property line. Buildings may be moved back from the side property line a total of four feet to provide for wider sidewalks and entries when the side property line is along a street. iv. Buildings that go through a block so that they have frontage on two parallel streets, shall treat each frontage as a main façade. v. New commercial structures shall construct at least a six (6) foot wide sidewalk. b. Building Placement- Residential Structures i New single-family residential structures are only allowed in blocks which are predominantly developed with existing residential structures. ii Residential structures shall conform with the front yard, side yard and rear yard setbacks of existing residential buildings on the block face. Front yard and rear yard setbacks will be deemed to be in conformity if they are within five feet of the average of the existing setback on either side of the new construction. Side yard setbacks shall be no closer than the side yard setback adjacent to the new construction or 20 feet whichever is less. On corner lots, side yards shall be treated as front yards and shall be the same as that required for the primary front yard. iii Accessory structures such as garages, sheds, greenhouses etc. shall be located in a separate structure from the main building,and be visually compatible with the main building and, I. Shall not extend beyond a platted side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the accessory IN CITY OF WYLIE ZONING ORDINANCE structure shall not be located closer than ten (10) feet from the side or rear property line. 2. Shall not be located closer than five (5) feet to the side property line when the accessory structure is located behind the main building. 3. When the accessory structure is located in the side yard, the setback for the accessory structure will be the same as the setback requirement for the main building. 4. No accessory structure shall be located within the front yard setback. iv New residential structures shall construct at least a six (6) foot wide sidewalk. c. Parking for Nonresidential Uses i Onsite surface parking shall generally not be placed in the required front yard and shall generally be separated from public streets by the building which it serves. Exceptions to this requirement include: a. A lot that is used entirely for surface parking with no listed use in accordance with Section 5.2. b. Surface parking on corner lots or lots with frontage on 2 or more public streets shall comply with the above parking requirements along at least one street frontage. c. Where onsite surface parking is constructed to serve existing buildings or additions to existing buildings,the above parking requirements shall not apply. ii Existing nonresidential uses may be renovated, reconstructed, and expanded up to 10 percent of their original floor area without having to comply with these parking standards. iii Commercial Uses over 4,000 square feet will be required to provide off-street parking under the following standards: I A minimum of 50% of all required parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site as required by specified use. All on-site parking shall be placed a minimum of 10 feet behind the front façade of the building with a landscape buffer provided. 2 Alternative materials for driveways and parking spaces may include pavestones, grass pavers or other materials, subject to approval of the City Engineer. 3 Up to 25 percent of the required parking can be provided by on-street parking in front or to the side of the building with approval of the City Engineer. 4 The remainder of the required parking can be provided by off-site parking facilities within 1,000 feet of the site with approval of the property owner. . 5 Upon a finding that a parking reduction is necessary to preserve historic buildings and maintain the design integrity of the Downtown Historic District, the Commission may grant parking variances up to a maximum of 75 percent of the required parking. �•I IN CITY OF WYLIE ZONING ORDINANCE iv Off-street parking lots with over 20 spaces are required to have landscaping and lighting that meets the standards for other nonresidential developments. (Article 4, Section 4.3) d. Parking for Residential Uses i Parking for residential use shall be on site and shall provide a minimum of two parking spaces. ii Alternative materials for driveways and parking spaces may include pavestones, grass pavers or other materials, subject to approval of the City Engineer. 5. Architectural Design Standards a. Street Facade—Commercial Structures i. Primary street facades for nonresidential buildings in the Downtown Historic District shall have the following basic features of existing historic buildings: I. Cornice at top of facade; 2. Display windows with transom windows above and lower window panels below. 3. Pilasters that divide the facade vertically and separate the display windows units into discrete visual elements. 4. Second floor windows, recessed with multiple lights, lintels, and sills. ii. Architectural elements such as doors, windows, awnings, canopies and architectural details shall be compatible with the overall visual qualities existing within the historic buildings downtown. Maintain as much of the original basic façade as possible. The basic façade consists of three parts: the storefront, with large display windows and transom; the upper façade, with large regularly spaced windows; and the decorative cornice. iii. Choice of color for the primary facade, various architectural elements, or details shall be in conformance with the color scheme existing within downtown and appropriate for the historic and architectural character of the commercial structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) iv. In addition to the above, all commercial structures shall have at least two of the following desirable design features as appropriate: 1.Street facades on side streets that meet the requirement for primary facades; or 2.Buildings on corners which create a diagonal corner cut with the entrance on the corner; or 3.Pediments added to the top of the facade; or 4.Decorative brickwork and architectural detailing on or around the cornice,fascia, pilasters, or around windows; or 5.Use of natural wooden doors with glass windows; or A, IN CTYOF WYLIE ZONING ORDINANCE 6.Projecting canopies and or awnings placed over the ground floor windows and doors Pediment • Cornice Iwo!.,r4f _r►, � mi Cornice ` q `._._ --",_q �v��� v�l(�� �NJni�n\�� - Y Decorative Brick Work Window Lintel Window Sash -—— -- , i a L I Upper Window Sill Facade Fascia Sign Board Transom _ - r — ~� Windows - •� I �� i[ Display Windows --- I Storefront Lower Window . Panels 1 © wI ■ j Pilaster `=r_ - - FIGURE 6-2 TYPICAL FEATURES OF COMMERCIAL STRUCTURES IN THE DOWNTOWN HISTORIC DISTRICT b. Street Facade—Residential Structures i. Residential structures within the Downtown Historic District shall have identifiable features appropriate to the architectural style of the building. These features may include the following: 1. Covered porches integrated into the front facade of the main structure; 2. Multiplicity of roof forms; 3. Columns and railings defining porch; 4. Windows with multiple lights; 5. High pitch roof lines; and 6. Architectural detailing of gables, window and door casings, eave lines, and foundations. ii. Residential structures shall face the main street iii. Residential structures that have a room projecting from the primary line of the front facade shall have a covered porch across the inset portion of the facade. 1AI LCIN ITY OF WYLIE ZONING ORDINANCE iv. Residential structures which do not have any projecting rooms shall have a covered porch across at least two thirds of the width of the facade. v. Porches on residential structures shall be covered with a roof that is integral to the main roof of the structure, or covered with a roof that is a substantial architectural element integral to the design of the front facade. vi. Porches shall have columns and railings around the edge of the porch except for the entrance steps. vii. Choice of color for the primary facade, various architectural elements, or details shall be in conformance with the color scheme appropriate for the architectural style of the residential structure. (Sherwin Williams Preservation Palette, Valspar Historic Color Palette or equal would be an approved color palette) viii. In addition to the above all residential structures shall have at least two of the following desirable design features as appropriate: ' ifb' ,z�2 Multiplicity of roof forms t - --7\ 11 , y ,'\— /� , �� -- - _ - - _ - non1' 1 1!1 (` " 1 1 imp 1 '15 I 4 \ I� r_�.-___.. .i.r-._,- - Ti I 1 �, r.�I�ui I } :- -, - - —, .:6___� Windows w/multiple li is :--.. `Skirting porch columns and railings � -it �•� „ \ Architectural detaits High pitch roof .- \\-. _ ji t=_____7 f ��„j ` +)F"r� Covered porches with columns and rails FIGURE 6-3 TYPICAL FEATURES OF RESIDENTIAL STRUCTURES IN THE DOWNTOWN HISTORIC DISTRICT 1. Use of skirting along the base of the building, in a manner appropriate to the architectural design of the building; Skirting materials shall be durable, suitable for exterior exposure, and installed in accordance with the manufacturer's installation instructions. Skirting shall be secured as necessary to ensure stability,to minimize vibrations, or minimize susceptibility to wind damage; or 2. Use of foundation plantings to soften and conceal the foundation; or 3. Use of architectural detailing appropriate to the architectural style of the Lbuilding. Architectural detailing includes but is not limited to elements such as 1AI IN CITY OF WYLIE ZONING ORDINANCE carving in porch rails, turned stiles, use of ornamentation around windows, doors,eave lines,porches,and decorative windows and materials within gables. c. Building Proportions—Commercial Structures i. New construction height, width and massing should be consistent with the scale of adjacent contributing structures. ii. Traditional patterns should be incorporated into new construction whenever possible. iii. The ground floor facade shall have at least 45 percent of its area in transparent windows,or doors.The second-floor facade shall have at least 20 percent of its area in windows. The area of windows includes any mullions framing individual lights within the window frame. iv. The building height shall not exceed forty-five (45') feet at the highest point for architectural elements including but not limited to turrets,pinnacles and pediments. d. Building Proportions—Residential Structures i. New residential structures within the Downtown Historic District should respect building heights in accordance with period specific design. ii. The building height shall not exceed forty-five (45') feet including architectural elements. e. Building Materials - Commercial Structures The base facade materials for commercial structures within the Downtown Historic District shall be brick or stone.Architectural details,trim,window or door framing may be wood,stone,cast stone,cast iron,or other materials compatible with the historic and architectural character of the Downtown Historic District. f. Building Materials—Residential Structures i. The primary exterior material for residential structures within the Downtown Historic District shall be wood siding and/or composite masonry materials having a wood pattern. ii. The width of the siding shall be between four and five inches in width. iii. Renovation to existing residential structures should use materials which are compatible with the existing residential structure. Adherence to these material standards are encouraged where appropriate and/or possible. iv. All development is defined by the base, middle and roof elements with particular attention to the front façade as this is the section that defines the character of the streetscape for the DTH. See Figure 6-4. 1AI L IN CITY OF WYLIE ZONING ORDINANCE N N. M Via 11_ A.fl1 , ! 1 I . �I 7 FIGURE 6-4 EXPRESSION OF BASE,MIDDLE AND ROOF ELEMENTS g. Fencing—Commercial Structures L Any fencing for commercial structures within the Downtown Historic District shall be in the rear of the building. h. Fencing—Residential Structures i. Fencing placed in the front of the residential structure shall be limited as follows: a. Height not to exceed 3 feet; b. At least 50 percent of the surface area of the fence shall be open and transparent; c. Made from wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels; d. Have the posts and rails facing the inside of the fence. ii. Fences placed in the side or rear yard shall be permitted to a height of 8 feet maximum and shall be constructed of wood or wrought iron. Masonry or brick may be used for columns with wood or wrought iron fence panels All fences placed in front of the residential building shall be decorative in design. 1AI IN CITY OF WYLIE ZONING ORDINANCE 6. Signs Purpose: All signs in this section are applicable to the Downtown Historic District only and are not appropriate to any other zoning district. The purpose of this section is to ensure that the area, material, and placement of new signs and alterations made to existing signs are appropriate to the architectural design of the building and the district, and that signs do not visually obscure significant architectural features of a building or the district in general. a. General Provisions: (i) Pole sign means any sign erected on a vertical framework consisting of no more than two uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. (ii) Signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated signs must be constructed of non- combustible material or approved plastics. (iii) New signs should respect the size, scale and design of the historic building. (iv) New signs should not obscure significant features of the historic building. (v) No sign permitted under the regulations of this section shall be installed without first obtaining zoning clearance and a sign permit. b. Signs for Residential Structures i The sign area of any one face shall not exceed sixteen (16) square feet in area. The sign area of a pole sign shall not comprise more than seventy percent(70%) of the entire sign structure. ii The maximum height of a pole sign structure shall be six (6) feet when no lighting is included. The maximum height of a pole sign structure shall be eight (8) feet when a globe type light is included. iii Logos and symbols may be illuminated or backlit by fluorescent fixtures. The use of indirect lighting is also allowed. iv The use of a fluorescent color on a sign is prohibited. v No more than one pole sign may be displayed on a premise at any given time. vi The sign may be placed adjacent to the public right-of-way, provided it does not encroach on the sight visibility triangle and is a minimum of six feet from the outside face of curb. vii Single acorn type luminaires, flutes, moldings or other traditional details are strongly preferred. See Figure 6-5. w IN CITY OF WYLIE ZONING ORDINANCE f ikAtiVkiiiti all l 4111Letl*`' FM.I at 6-5 i PH U Pima.SM..Fe%,.Slit 1/14 Rhtlw♦tltI SIMI.II MI. c. Signs for Commercial Structures i The size of the sign shall be in proportion to the building and the neighboring structures and signs. ii The total maximum allowable sign area for each building face is one square foot per one linear foot of a single tenant, not to exceed 70 square feet, whichever is less. iii The total maximum allowable sign area for each building face is one square foot per one and one-half(1-1/2) linear foot of a multi-tenant building, not to exceed 100 square feet whichever is less. iv Signs shall be mounted or erected so they do not obscure the architectural features or openings of a building. v No sign or portion of a sign shall extend above the cornice line at the top of the building face. Roof top signs are prohibited. vi For buildings without a recognizable style, the sign shall adopt the decorative features of the building, utilizing the same materials and colors. vii The structural materials of the sign should match the historic materials of the building. Wood, metal, stucco, stone or brick, is allowed. Plastic, vinyl or similar materials are prohibited. Neon, resin to give the appearance of wood, and fabric may be used as appropriate. viii Attached signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. 1AI IN CITY OF WYLIE ZONING ORDINANCE d. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations: i. Window Signs must not obscure more than 20 percent of the window area per façade. ii. No illuminated Window Signs shall be allowed where it creates an unduly distracting and hazardous condition to motorist, pedestrian or the general public. e. Awning Signs i. An Awning may extend the full length of the wall of the building to which it is attached and shall solely be supported by the exterior wall of the building. The awning sign shall be no more than six feet(6') in height and shall not be placed less than eight feet(8') above the sidewalk. ii. The artwork or copy for an Awning Sign shall not exceed twenty percent(20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. f. Projecting Signs i Signs shall be constructed of noncombustible material. ii Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet(2') from the back of the curb line. iii Bottom of the sign shall be at least 8 feet above the sidewalk. iv Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. v Signs shall not exceed sixteen (16) square feet per sign face. g. Canopy Signs i A Canopy Sign is a permanent structure that is supported by the building or by a support extending to the ground directly under the canopy. The Canopy Sign may be attached to, or be an integral part of the face of a canopy. ii The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet, whichever is greater. iii 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 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. h. Special Events Banner Signs i A Special Event Banner sign is composed of cloth, plastic, canvas or other light fabric. ii Only banners promoting or supporting local community events will be permitted over public right-of-ways. tAI IN CITY OF WYLIE ZONING ORDINANCE iii An application to place a banner over a public right-of-way shall be submitted to the Building Inspections Department at least 10 days before the date to be installed. iv The City of Wylie may erect and remove banners over public right-of-way.Banners may only be installed at locations approved by the City. v The maximum banner size allowed is 4 x 36 feet, unless extended over the public right-of-way. Banners must be in good repair at all times. vi The banner may remain a maximum of fourteen (14) days. A maximum of two banners can be hung for each event with placement of the second banner provided as space allows. Only one banner will be hung at each location. vii When a banner over the public right-of-way is removed,the applicant is responsible for picking up the banner from the City of Wylie Service Center within ten (10) working days of the removal date. A late fee of$50 will be charged for banners left after the ten (10) day period. Unclaimed banners will be disposed of 30-days after removal date. viii Banners not defined as Special Events Banners are regulated by the City's current Sign Ordinance and as amended. i. A-Frame/Sandwich Board Signs (i) No more than one a-frame or sandwich board sign per business shall be allowed, and a minimum of four feet of clear sidewalk shall be maintained at all times. The sign shall be sufficiently weighted or anchored to prevent movement by wind or other elements. (ii) No a-frame or sandwich board sign shall exceed eight square feet per face or four feet in height. The entire sign structure shall be calculated as the total of sign area. (iii) Materials suggested for use for signs are finished hardwoods, or softwoods. Materials not allowed include, but are not limited to, fluorescent materials, paper or fluorescent paints. j. Encroachment into Public Right-of-Way. Any sign that is located upon or overhangs a public right-of-way shall be approved by the Public Works Director or his/her designee on forms provided by the City of Wylie. k. Exempt Incidental Signs. Small incidental signs can be installed along a business frontage without permit approval from the City. Incidental signs are commonly seen as menu boards, open signs, small window signs noting hours of operation, and small hanging signs. Incidental signs do not include other signs specifically listed within this ordinance. Although a permit is not required for these type signs, the following guidelines must be maintained. No more than three (3) incidental signs per building entrance. %AI I, CITY OF WYLIE ZONING ORDINANCE ii Maximum area allowed is 3 sq.ft.each,with a total cumulative area not to exceed 7 sq. ft.; iii Incidental signs that project over or into a pedestrian right-of-way must be at least 7'-6" above the sidewalk; iv Cannot project beyond the awning; v Cannot extend above the awning; i t i9 II I aistromar 1 j. ... n'T a ' t -4 Figure 6-6 Exempt Incidental Signs IA/ IN CITY OF WYLIE ZONING ORDINANCE 1. Mural Signs shall be reviewed and approved by the Building Official for compliance with the definition of a mural and other applicable local, state, and federal laws. m. Signs denied by the Building Official shall be subject to review pursuant to Sec 22-443 (10) Variances of the city's Sign Ordinance, as amended. CSDle ajarmt'rsUille Eunce • Murphy Monitor • The Princeton Herald • 74-Sa.h.k News • THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinances No. 2022-32, 2022-33,2022-34 and 2022-35 was published in said newspaper on the following date(s),to-wit: May 4, 2022 Cjilliti Chad Engbrock, Publisher Subscribed and sworn before me on this, the 5th day of May, 2022, to certify which witness my hand and seal of office. Notary ublic 'n for ' The State of lei o� SONIA A DUGGAN o`%`(1, Notary ID#126646343 sit^�, My Commission Expires My commission expires 08/12/2024. r, �4_4, August 12,2024 lurphy;Sachse'Wylie Office• 110 N.Ballard•Y.O.Box 369•Wylie.TX 75098.972-442-5515 Fanncrsvilk:!Princcton(Alice• 101 S.Main•P.O.lion 312•Ittrmersvillc.'I\75442•972-784-6397 Ordinance No.2022-35 An Ordinance Of The City Council Of The City Of Wylie, Texas, Amending Wylie's Code Of Ordinances, Ordinance No. 2021- 17, As Amended, Chapter 82 (Peddlers And Solicitors),By Re- CITY OF WYLIE 1 Pealing Or Amending I Sections 82-1 Defini- Ortfterkee Ordinance, Ord No.1622-34 tions,By Repealing Or No ZQ 2.32 No.2022-33 Amending 82-2 (Un- An O.di as `The lawful Solicitation And An Ordinance Of The An Ordinance Of The Handbill Distribution), City Of Wylie, Texas, ounce f The 82-3 (Supervision Of City Of Wylie, Texas, City Of Wylie, Texas, Amending The Com- Child Solicitors), 82-4 Amending 'The Com- Amending Ordinance prehensive Zoning Or- prehensive Zoning Or- No. 2015-09 Of The (Permit Or Certificate dinance Of The City dinance Of The City City Of Wylie (The Of Registration— Of Wylie, As Hereto- Of Wylie, As Hereto- Zoning Ordinance, As Grounds For Denial fore Amended, So As fore Amended So As Amended), Article 6, +6 ncatioith 82 To Change'The Zon- To Change The. Zon- Section 6.3, Down- (fie—Appeal From ing On The Hereinafter ing On The Hereinafter town Historic°District; Denial Or Revocation), Described Property, Described $2-31 (Exceptions To Zoning Case Number Zoning Amending. Certain Article), 82-32 (Regis- Zoning Case Numbs Regulations;Providing 2022-03, From Com- 2Q2244 raffi ,, ,�- tration Statement),82- mercial Corridor Des ` """ " A Penalty.Clause'Sav- 33 (Registration Fee), mercial Corridor (C )`' Ljq,ge, trict (Cc) To Commer- 82-34 (Certificate Of To Planned Develop- cial Corridor - Special went - Commercial Severability Clause Registration Issuance, Use Permit (Cc-Sup), Industrial (Pd-Ci), lb And Effective Duration ation And Form), To Allow For Com- Allow For Induatriid Date; And Providing 82-35(Solicitor's Iden- mercial Development And Commet The Publication Of lineation),82-36(pub_ Of A Restaurant With : velopment; Proved- The Caption Hereof. Disclosure), 82.7 A Drive-Thru; Provid- ing For A Penalty For (Exhibiting Card Pm- ing For A Penalty For The Violation Of This hibiting Solicitors And Handbill Distributors), The Violation Of This Ordinit ; Providing $2-71. (Exceptions To a , a : ace, Providing ForThe Repeal Of All Arliticle), 82-72 For The Repeal Of All Ordinances In Conflict; pArcation For P Ordinances In Conflict; Providing A Severabil- 82-73 (Permit Fee)Providing A Severabil- ity Clause; And Pro ), ity Clause; And Pro- viding For An Effec- 82-74 (Exemptions viding For An Effec- tine Date. Permit Fee), 82- five Date. e `lce; Duration And Form), 82-76 (Solicitor's And Handbill Distributor's Information), And 82- 77(Public Disclosure); Providing A Savings/ Repealing Clause, Severability' Clause, Penalty.. .Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. Iot-it_166 j