Ordinance 2009-21 ORDINANCE NO. 2009-21
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2008 -33 (SIGN REGULATIONS); ADOPTING AN
ORDINANCE ESTABLISHING SIGN REGULATIONS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council has
previously adopted Ordinance No. 2008 -33 (Sign Regulations) of the City of Wylie, Texas
"Wylie establishing sign regulations; and
WHEREAS, the City Council has investigated and determined that various additions,
deletions and amendments should be made to Ordinance No. 2008 -33 to allow Wylie to more
effectively regulate signs; and
WHEREAS, the City Council has investigated and determined that in order to most
effectively make the additions, deletions and amendments necessary, it is in the best interest of
the citizen's of Wylie to repeal Ordinance No. 2008 -33 in its entirety and replace it with this
ordinance; and
WHEREAS, the City Council has investigated and determined that Ordinance No. 2008-
33 (Sign Regulations), should be repealed in its entirety and this Ordinance adopted to regulate
signs located in Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinance No. 2008 -33 Repealed. Wylie Ordinance No. 2008 -33 is
hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal
discussed in this Section shall not occur until the effective date of this Ordinance at which time
Ordinance No. 2008 -33 shall be repealed. Such repeal shall not abate any pending prosecution
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 1
549364.v1
and /or lawsuit or prevent any prosecution and /or lawsuit from being commenced for any
violation of Ordinance No. 2008 -33, occurring before the effective date of this Ordinance.
SECTION 3: Establishing Sign Regulations. The City of Wylie hereby establishes
the sign regulations attached hereto as Exhibit "A and incorporated herein for all purposes.
SECTION 4: Savings/Repealing Clause. 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with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution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 5: Severabilitv. 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. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred and 00 /100 Dollars ($500.00). Each continuing day's violation
under this Ordinance shall constitute a separate offense. 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 7: No Change in Forums Created. Wylie hereby declares that it would
not have passed any section of this Ordinance that changes the character of any non public forum
to a limited public forum or a designated /open public forum or changes the character of any
limited public forum to a designated /open public forum, and that any section found to do so by a
Court of competent jurisdiction shall be severed and considered repealed effective on the date of
the Court's order /ruling.
SECTION 8: Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by law the City Charter and by law.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 11 day of August 2009.
Eric Hogue, Mayor
ATTESTED TO AND ,i OF 41
CORRECTLY RECORDED BY: vet ,(P:
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Caro Ehrlich, C retary 1".-
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Date of publication in The Wylie News August 19, 2009
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 3
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Men
SIGN REGULATIONS
SECTION 1: INTENT 8
SECTION 2: DEFINITIONS 9
SECTION 3: ADMINISTRATION 14
A. Permits 15
B. Applications 16
C. Work Started Without a Permit 16
D. Permit Revocable 16
E. Non Conforming Signs 17
F. Inspection i
G. Removal of Obsolete Signs 18
H. Removal or Repair of Dilapidated or Deteriorated Signs 18
I. Removal of Illegally Erected Signs i
J. Variances 19
SECTION 4: PROHIBITED SIGNS 19
A. Signs Imitating Traffic or Emergency Signs 19
B. Portable Signs 20
C. Signs Violating other Laws or Ordinances 20
D. Signs Attached to Trees or Utility Poles 20
E. Signs on Sidewalks, Curbs, Gutters or Streets 20
F. Moving, Flashing, Revolving or Color Changing Signs 20
G. Pole Signs 21
H. Off Premise Signs 20
I. Signs Attached to or Painted on a Fence, Wall or Railing 20
J. Signs Causing a Nuisance or Hazard Because of Illumination 21
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 4
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K. Signs Advertising the Sale of a Vehicle 21
L. Signs Attached to a Vehicle 21
SECTION 5: EXEMPT SIGNS 22
A. Nameplates 21
B. Building Identification/Memorial 22
C. Traffic 22
D. Signs Inside a Building 22
E. Changeable Copy 22
F. Movement Control Signs 23
G. Protective Signs 23
H. Government Signs 23
I. Holiday Lights and Decorations 23
w.. J. Political Signs 23
K. Special Event or Public Announcement Signs 24
L. Garage Sale Signs 25
M. Home Improvement Signs 24
N. Temporary Religious Signs 26
O. Yard Signs 26
P. Zoning Signs 26
Q. Signs Held by Pedestrians 26
SECTION 6: GENERAL SIGN REGULATIONS 27
A. Flags 27
B. Obscenity 26
C. Obsolete Signs 27
D. Maintenance of Signs 28
Ordinance No. 2009-21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 5
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E. Wind Pressure and Dead Load Requirements 28
F. Obstructing Doors, Windows, or Fire Escapes 27
G. Placement of Advertising Matter 27
H. Signs Prohibited On or Over Public Property 29
I. Illumination of Signs 29
J. Searchlights 29
SECTION 7: ATTACHED SIGN REGULATIONS 30
A. Wall Signs 29
B. Signs attached to a Building(s) 31
C. Illumination of Attached Signs 30
D. Window Signs 30
E. Awning Signs 31
F. Projecting Signs 32
G. Canopy Sign 31
H. Electrical Signs 33
SECTION 8: MONUMENT SIGN REGULATIONS 33
A. General Requirements..... 32
B. Fuel Pricing Signs 35
C. Material Regulations 36
D. Illumination 36
SECTION 9: OTHER TYPES OF SIGNS 35
A. Menu Board Signs 36
B. Subdivision Entry Signs 36
C. Directory Signs 37
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 6
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D. Institutional Signs 36
E. Kiosk Signs 37
SECTION 10: REGULATIONS FOR TEMPORARY SIGNS ..39
A. Development Signs 40
B. Real Estate Sign 41
C. Promotional Signage 41
Attachment Illustration 2 -1 Sign Sight (Visibility) Triangle
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 7
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Wak
SECTION 1: INTENT
A. Signs are an important component of the urban built environment, providing
important information, and directions to community residents and visitors.
However:
1. The uncontrolled proliferation of signs is hazardous to users of streets and
highways within the City of Wylie and will adversely affect the safety and
efficiency of the City's transportation network; and
2. Unless the location, number, setback, lighting, and size of signs are regulated,
the scattering of the signs throughout the City would be detrimental to the
preservation of scenic resources and so to the economic base of the City; and
3. The proliferation of signs in the City has an adverse affect on adjacent
property values; and
4. The orderly and uniform regulation of signs is a substantial factor in guiding
the attractive and aesthetic development of properties in accordance with the
comprehensive plan and thereby avoiding detrimental impacts of signs on the
appearance of the City.
B. Therefore it is the intent of these regulations:
1. To protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the
motorist's ability to see pedestrians, obstacles, other vehicles, and traffic
signs;
2. To preserve, protect, and enhance areas of historical, architectural, cultural,
aesthetic, and economic value regardless of whether they are natural or
manmade;
3. To protect the value of adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size, height,
movement, and location of signs;
4. To enhance the image of the City which is conveyed to tourists and visitors by
controlling the location, number, and size of signs;
5. To integrate sign regulations more effectively with other regulations by
establishing regulations for setbacks, height, and spacing to allow for lighting,
ventilation, and preservation of views in a manner consistent with land uses in
the various zoning districts; and
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 8
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6. To preserve and enhance the appearance of the City and the public interest in
aesthetics, and to control and reduce visual clutter and blight.
SECTION 2: DEFINITIONS
Alter means to change the size, shape or outline, or type of sign or to change the electrical
lighting, except for the replacement of lamps not brighter than the original or the replacement of
a surface panel.
Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or
otherwise mark on an object.
Awning means an architectural projection that 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 means a sign composed of cloth, plastic, paper, canvas or other light fabric.
Building means a structure which has a roof supported by columns, wall or air for the shelter,
support, or enclosure of persons, animal or chattel.
Building Official means the building official for the City of Wylie or his/her designee.
Canopy means 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 to and is open on two or more sides.
Dilapidated or deteriorated condition means 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
b. Where the structural support or frame or sign panels are visibly bent, broken, dented, or
torn as to constitute an unsightly, hazardous or harmful condition; or
c. 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
d. Where the message or wording can no longer be clearly read by a person under normal
viewing conditions; or
e. Where the sign or its elements are not in compliance with the regulations of the National
Electrical Code and /or the Uniform Building Code currently adopted by the City.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 9
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NOW Erect means 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.
Facing or surface means the surface of the sign upon, against or through which the message is
displayed or illustrated on the sign.
Flag means a piece of fabric or other flexible material usually rectangular in shape, attached to a
ground supported staff on one end, and used and commonly recognized as a symbol of a nation,
state, political subdivision, business, or nonprofit entity.
Illuminated sign means 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 night time viewing of, the subject matter on the sign face.
Incidental means information on a sign that is incidental to the operation of the business such as
but not limited to hours of operation, accepted credit cards and parking information.
Logo means any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Non combustible material means any material which will not ignite at or below a temperature
of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature.
Pennant means 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.
Premises means a lot or unplatted tract, or a combination of contiguous lots and /or unplatted
tracts of land where the lot, tract, or combination of lots and /or tracts is under single ownership
and is reflected in the plat record of the City.
Public Right -of -Way means a dedicated road or street including the easement for that road or
street.
Roof means any exterior surface of a structure that has a slope of less than sixty (60) degrees and
shall also include the top most portion of any structure.
Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1
million peak candlepower.
Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque,
or poster visible from outside the lot on which it is located and designed to inform or attract the
attention of persons not on that lot.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 10
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Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square,
rectangle, triangle, and circle) shape. In the case of an irregularly- 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 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.
Sign, Attached means any sign attached to, applied on, or supported by, any part of a building
(such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers
usable space. 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, Awning means a sign attached to an Awning.
Sign, Canopy means a sign attached to a Canopy.
Sign, Changeable Message means a sign whose face is designed and constructed in a manner
capable of changing messages through a system of removable characters or panels attached to the
face of the sign or changed by electronic means.
Sign, Development means a temporary on -site sign providing identification or information
pertaining to a residential or commercial development and may include the builder, property
owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that
development, but shall not include a subdivision marketing sign.
Sign, Directional means any on -site sign to direct the public to entrances, exits and services
located on the property on which the sign is located.
Sign, Garage sale means any on -site Promotional Sign for the sale of personal household goods
in a residential zoning district or on the property of a nonprofit entity.
Sign, Home Improvement means any on -site sign that displays the name of a roofing, fence,
pool painting, landscape or other home improvement contractor.
Sign Height means the highest elevation of any part of a sign structure measured from the crown
of the current or proposed future street improvement as determined by the City of Wylie
Engineer of the street or road for which the sign fronts.
Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas.
Sign, Institutional means a permanent on -site sign used to identify governmental and municipal
agencies, public schools, churches, or similar public institutions, and used to communicate
messages of public importance to the general public.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 11
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Sign, Kiosk means a ladder -style sign with multiple panels that is installed within the public
right -of -way, complies with Section 9(E), and either provides direction to Wylie residential
subdivisions and /or municipal facilities or provides the public with information about upcoming
city- sponsored events. To aid in the identification and location of residential subdivisions, a
Kiosk Sign may include the name of a developer or homebuilder when providing directions to
that developer's or homebuilder's residential subdivision.
Sign, Menu Board means an on -site sign that displays a menu and pricing for food services and
may include an audible speaker and microphone integral to the sign.
Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as
being a builder's or contractor's model open to the public for inspection.
Sign, Movement Control means a sign providing direction or traffic flow information for
persons or vehicles located the same premises as the sign. Movement Control Signs shall not
advertise or otherwise draw attention to the premises, an individual, business, commodity,
service, activity or product.
Sign, Monument means any detached sign made from masonry, concrete materials, wood or
plastic provided that a masonry or metal base is incorporated into the sign, with no separation
between the base of the sign and grade.
Sign, Nonconforming means a sign and its supporting structure which does not conform to all or
part of the provisions of this Ordinance, and:
1. Was in existence and lawfully erected prior to the effective date of this
Ordinance;
2. Was in existence and lawfully located and used in accordance with the provisions
of the prior ordinance applicable thereto, or which was considered legally
nonconforming there under, and has since been in continuous or regular use; or
3. Was in existence, located, and used on the premises at the time it was annexed
into Wylie and has since been in regular and continuous use.
Sign, Obsolete means any sign that no longer serves a bona fide use or purpose.
Sign, Off Premise means a sign displaying advertising copy that pertains to a business, person,
organization, activity, event, place, service or product not principally located or primarily
manufactured or sold on the lot on which the sign is located.
Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights
supported by the ground and where there is a physical separation between the base of the sign
and the ground.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 12
549364.vl
Sign, Political means a sign (1) relating to the election of a person to a public office, (2) relating
to a political party, (3) relating to a matter to be voted upon at an election called by a public
body, or (4) containing primarily a political message.
Sign, Portable means a sign that is not securely connected to the ground in such a way that it
can easily be moved from one location to another and is not a vehicular sign.
Sign, Projecting means any sign which is attached to and supported by a building or wall and
which projects outward from the building or wall, generally at a right angle.
Sign, Promotional means any type of sign used for special promotions including, but not limited
to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs
include, but are not limited to, banners, pennants, streamers, balloons, flags, bunting, inflatable
signs and other similar signs.
Sign, Protective means signs that identify or warn of any security devices located on the
premises, including guard dogs.
Sign, Reader board means any sign comprised of changeable letters that 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 means any on -site temporary sign pertaining to the sale or rental of property
and advertising property only for the use for which it is legally zoned.
Sign, Secondary means a sign that is mounted to or that projects from a canopy or secondary
roof over an entry to a building, but that does not project above the highest point of the building.
Sign Sight Triangle interchangeable with Sight Visibility Triangle shall mean the triangle
formed at an intersection by intersecting curb lines and a non -curb line joining the curb lines.
The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at
the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point
fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (10)
times the speed limit on either side of the vehicle parallel to the intersecting roadway. No sign
shall be placed in or above the triangular area created by the motorist's view described by this
subsection (see Illustrations 2 -1). This will include those areas that may pose a pedestrian safety
concern as determined by the City of Wylie.
Sign, Subdivision Entry means any permanent on -site sign identifying a subdivision located in
a residential zoning district.
Sign, Temporary Religious means a sign that advertises the name of and provides direction to a
religious organization or group that is temporarily operating in a school or other facility.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 13
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Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use
for transportation. This definition shall not include signs being transported to a site for
permanent erection.
Sign, Window means any sign, banner, poster or display located on the internal or external
surface of the window of any establishment for the purpose of advertising services, products or
sales available within such establishment or which announces the opening of such establishment.
Sign, Yard means any sign that publicizes the arrival of a newborn, a birthday, a personal
special event or the participation of a family member in a school activity or sport. Yard signs
shall also include signs that advertise the presence of a home security system.
Sign, Zoning means any sign provided by the City of Wylie Planning and Zoning Department to
publicize the request for zoning or rezoning of a property.
Sign Contractor means a General Contractor.
Sign Setback means 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.
Sign Support means any pole, post, strut, cable or other structural fixture or framework
necessary to hold and secure a sign, providing that said fixture or framework is not imprinted
with any picture, symbol or word using characters in excess of one inch (1 in height, nor is
internally or decoratively illuminated.
Sign Width means the widest dimension determined by the largest measurement of all supports,
projections or any part of a sign structure on any horizontal plane.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
Zoning District, Non Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH.
Zoning District, Residential means any zoning district designated by the Zoning Ordinance of
the City of Wylie as AG /28, SF- 1A/26, SF- 30/24, SF- 20/21, SF- 10/19, SF- 8.5/17, TH /15, MF,
and MH.
SECTION 3: ADMINISTRATION
The provisions of this Ordinance shall be administered by the Building Official.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 14
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A. Permits
1. Permit Required: In addition to the other permitting requirements set forth in
this Ordinance, no person shall erect, construct, relocate, alter, repair or
maintain any of the following type of signs unless a permit has been issued by
the City of Wylie and the fee paid for such erection, construction, relocation,
alteration, repair, or maintenance of such sign:
a. Awning Signs
b. Canopy Signs
c. Changeable Message Signs
d. Directory Signs
e. Institutional Signs
f. Menu Board Signs
g. Movement Control Signs
h. Monument Signs
i. Nonconforming Signs (for relocation, alteration, and /or repair
only)
j. Projecting Signs
k. Reader board Signs
1. Secondary Signs
m. Subdivision Entry Signs
2. Permit Fees and Sign Contractors. Permit fees are contained in Appendix C
of the Code of Ordinances. A permit may only be issued to a Sign Contractor
that carries at least three hundred thousand dollars ($300,000.00) of general
liability insurance and provides evidence of such insurance coverage to the
Building Official when they submit the permit application.
3. Permit Expiration: A permit for a sign shall expire if the work is not
commenced within ninety (90) days from the date of issuance of such permit.
4. Electrical permit: Where signs contain electrical wiring and connections, an
electrical permit must also be obtained in addition to the permit for the sign.
No sign shall be erected in violation of the City's electrical code or
regulations.
5. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not
issue a permit under the provisions of this Ordinance to any person, business,
entity, organization or activity who has previously failed or refused to pay any
fees or costs assessed against him under the provisions of this Ordinance.
6. Easements: No sign shall be located in any easement other than a landscape
easement.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 15
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B. Applications
All applications for permits shall include each of the following:
1. A completed permit application.
2. A plot plan declaring all property lines, setbacks, easements, Right of Ways,
other existing signs maintained on the lot and the required distance separation
to the closest monument sign in any direction scaled to linear feet.
3. A scaled drawing of the height, width and display area of the proposed sign.
4. A drawing of the lot plan or building facade indicating the proposed location
of the sign, specifications, materials and landscaping plan.
5. Electrical plan and load requirements.
C. Work Started Without a Permit
No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit is required by this Ordinance has been
commenced without first obtaining a permit the following shall apply:
1. Investigation. A special investigation to determine compliance shall be made
before a permit may be issued for the work.
2. Investigation Fee. In addition to the permit fee, an investigation 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 City. The payment of the investigation fee shall not exempt any person
from compliance will all other provisions of this Ordinance nor from any
other penalty prescribed by law.
D. Permit Revocable
1. The City may suspend or revoke any permit issued under the provisions of
this Ordinance whenever it shall be determined that the permit is issued:
a. in error; or
b. on the basis of incorrect or false information supplied; or
c. in violation of any of the provisions of this Ordinance; or
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 16
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d. in violation any other Ordinance of this City or laws of this State or the
Federal government.
2. The suspension or revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the sign owner, or to the
property owner upon whose property the sign is located.
3. Any signs installed or existing 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.
E. Non Conforming Signs
1. Non conforming signs in the City of Wylie shall be subject to the regulations
set forth in the Wylie Building Code, as amended, except as otherwise set
forth herein.
2. A nonconforming sign and/or its supporting structure, which is destroyed,
damaged, dilapidated or deteriorated, shall not be replaced, repaired or
renovated, in whole or in part, if such replacement, repair or renovation
would require an expenditure of monies in excess of sixty percent (60 of
the cost of a new sign, including its supporting structure, which is
substantially the same or similar to the nonconforming sign destroyed,
damaged, dilapidated or deteriorated. Permits granted prior to the passage of
this Ordinance shall be renewed only if the applicant complies with all
provisions of this Ordinance.
3. A nonconforming sign or supporting structure that is lawfully repaired,
reproduced, or renovated as a nonconforming sign may be increased in area
or height.
4. A nonconforming sign may be relocated on the same lot or tract of land if (1)
the sign is required to be removed from its present location because the
property upon which the sign is located is acquired by any governmental
agency or other entity which has or could have acquired the property through
the exercise of its power of eminent domain; and (2) the location for which
the nonconforming sign is to be relocated complies with all requirements set
forth in the Wylie Code of Ordinances.
5. The material used in the repair, replacement or modification to an existing
nonconforming sign must be approved by the City of Wylie Planning
Department and the Building Department. Pole or stanchion supports must be
designed, modified and constructed to appear as a solid base Monument Sign
in accordance with this ordinance.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 17
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F. Inspection
The City may inspect annually, or at such other times as it deems necessary, each
sign regulated by this Ordinance for the purpose of ascertaining whether the same
complies with provisions of this Ordinance, is secure or insecure, whether it still
serves a useful purpose, and whether it is in need of removal or repair.
G. Removal of Obsolete Signs
Any sign which the City 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 the sign is located
within ten (10) days after written notification to do so from the City.
H. Removal or Repair of Dilapidated or Deteriorated Signs
If the City 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 the 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 the notice. The City may remove or have removed, without
notice, and assess the owner for the costs, any sign which is an immediate peril to
persons or property.
Removal of Illegally Erected Signs
Any temporary sign that is erected, constructed or otherwise displayed, which the
City determines to be in violation of this Ordinance, may be removed by City
personnel. Any such sign removed by City personnel may be held for a period of
seventy -two (72) hours and upon expiration of the time may be disposed. The
City is not required to notify the permit holder or owner of the sign that it has
been picked up or that disposal of the sign is imminent.
For permanent signs, the sign must be removed by the permit holder, owner of the
sign, or owner of the property on which the sign is located within ten (10) days
after the City sends written notice to remove the sign. Upon failure to comply
with the notice or to file an appeal of the decision in accordance with this
Ordinance, the City is authorized to cause the removal of the sign and assess the
permit holder, owner of the sign and /or owner of the property on which the sign is
located for all costs associated with e€ removal. The permit holder, owner of the
sign, and the owner of the property on which the sign is located shall be jointly
and severally liable for such costs.
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Establishing Sign Regulations Page 18
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J. Variances
1. Variances to the provisions of this Ordinance shall be heard by the
Construction Code Board. A simple majority vote of the board in favor of the
variance will be required to approve any variance request. In order to approve
a request for a variance, the Construction Code Board shall determine that the
request meets three (3) of the following four (4) criteria:
a. The proposed sign shall not adversely impact the adjacent property
(visibility, size, location, etc.);
b. The proposed sign does not conflict with the spirit of this Ordinance,
which is one of providing public safety, open space and air, preservation
and enhancement of the appearance of the City and protection of property
values;
c. The variance is needed due to restricted area, shape, topography or
physical features that are unique to the property on which the proposed
sign would be located;
d. The proposed sign is of a unique design or configuration.
2. Should the Construction Code Board deny a request for a variance, the
applicant may appeal the request to the City Council, provided that, such
appeal is requested in writing within thirty (30) days of the date the
Construction Code Board denied the variance. A vote of three- fourths (3/4) of
the full membership of the City Council is required to approve the appeal. The
decision of the City Council is final.
3. A variance from this Ordinance is valid only if a permit is secured within
ninety (90) days from the date of the Board's or the Council's decision.
4. Each applicant shall pay a fee of one hundred fifty dollars ($150.00) before
the Construction Code Board shall hear any variance request.
Exception: No variance fee shall be required for any variance requested
by any applicant that the Building Official determines to be a bona fide
non -profit organization.
5. All variance requests shall be made in writing to the Building Official.
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Establishing Sign Regulations Page 19
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SECTION 4: PROHIBITED SIGNS
Any sign which is not specifically allowed by this Ordinance shall be prohibited. In addition, the
following types of signs are expressly prohibited within the City of Wylie:
A. Signs Imitating Traffic or Emergency Signs
Signs may not contain any combination of forms, words, colors, or lights, which
imitate standard public traffic regulatory, emergency signs, or signals.
B. Portable Signs
Portable signs, unless specifically allowed by this Ordinance.
C. Signs Violating other Laws or Ordinances
Signs erected in violation of any ordinance adopted by the City of Wylie or any
state or federal law. (e.g. traffic visibility requirements, zoning, building code, or
electrical code).
D. Signs Attached to Trees or Utility Poles
Signs attached to, painted or maintained upon any tree or public utility pole or
public utility structure.
E. Signs on Sidewalks, Curbs, Gutters or Streets
Signs attached to or painted on any sidewalk, curb, gutter, or street (except street
address numbers).
F. Moving, Flashing, Revolving or Color Changing Signs
Signs that move, flash light intermittently, change color or revolve, unless
specifically allowed in this Ordinance.
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Establishing Sign Regulations Page 20
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G. Pole Signs
Pole signs and flag poles unless specifically allowed by this Ordinance in Sections
3: E, 6:A. and 10.
H. Off Premise Signs
Off Premise signs, unless specifically allowed by this Ordinance.
I. Signs Attached to or Painted on a Fence, Wall or Railing
Signs attached to or painted on the outside of a fence, wall or railing, unless
specifically allowed by this Ordinance.
Exception: Signs identifying the manufacturer of a fence or similar
product, provided that the sign does not exceed one and one -half (11/2')
square feet.
J. Signs Causing a Nuisance or Hazard Because of Illumination
Signs illuminated to intensity to cause glare or brightness to a degree that could
constitute a safety hazard or nuisance.
K. Signs Advertising the Sale of a Vehicle
Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is
parked in such a way that the sign informs or attracts the attention of persons
using the public right -of -way. Vehicles legally parked at one location, with for
sale signs visible from the right -of -way for two (2) hours or more, shall be prima
facie evidence of non compliance with this Section.
Exception: A maximum of two (2) vehicles may be parked at the vehicle
owner's residence or on the street adjacent to the residence advertising, the
sale of the vehicles provided that the vehicles are registered to the person
residing at the residence.
L. Signs Attached to a Vehicle
Signs placed on or affixed to vehicles and /or trailers that are parked on a public
right -of -way, public property, or private property so as to be visible from a public
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 21
549364.v1
right -of -way where the apparent purpose is to advertise a product or direct people
to a business or activity located on the same or nearby property shall be
prohibited. However, this is not in any way intended to prohibit signs placed on or
affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign
is incidental to the primary use of the vehicle or trailer.
SECTION 5: EXEMPT SIGNS
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. Nameplates
Nameplates, or signs reflecting the name of a building or structure (i.e., a fence)
or the name of the company that built or designed the building or structure, not
exceeding one (1) square foot in area.
B. Building Identification/Memorial
A memorial sign, plaque or tablets identifying the names of buildings, sponsors
and date of construction may be cut into a masonry surface or constructed of
bronze or other noncombustible materials.
C. Traffic
Traffic or street signs, legal notices, railroad crossing signs, danger, and
emergency, temporary or non advertising signs as may be approved by the City
Council or the City Manager or his authorized representative.
D. Signs Inside a Building
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.
E. Changeable Copy
Copy change only for previously permitted signs designed to provide a
changeable copy area.
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Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 22
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F. Movement Control Signs
Movement Control Signs may be erected at any occupancy or any lot, other than
single family or duplex premises, may be attached or detached and may be erected
without limits as to number; provided that such signs shall comply with all other
applicable regulations of this Ordinance. Movement Control Signs shall be
premise signs only. The occupant of a premise who erects a Movement Control
Sign shall comply with the following regulations:
1. Each sign must not exceed five (5') square feet in effective area.
2. If a sign is an attached sign, as defined, the words must not exceed six (6
inches in height.
3. Each sign must convey a bona fide message which directs vehicular or
pedestrian movement within or onto the lot on which the sign is located.
G. Protective Signs
The occupant of a premise may erect a maximum of two (2) Protective Signs, in
accordance with the following regulations:
2. Each sign must not exceed six (6') square feet in effective area.
3. Detached signs must not exceed three (3') feet in height.
H. Government Signs
Flags, insignia, legal notices, or informational, directional or traffic signs which
are legally required or necessary to the essential functions of government agencies
and decorative displays for holidays or public demonstrations which do not
contain advertising and are not used as such.
I. Holiday Lights and Decorations
Temporary lights and holiday decorations with electrical connections displayed
ninety (90) days or less must be listed by a recognized listing agency, but
otherwise shall be exempt from the terms of this ordinance.
J. Political Signs
Political signs that:
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Establishing Sign Regulations Page 23
549364.v1
1. Are on private real property with consent of the property owner; and
2. Are not greater than thirty -six (36') square feet; and
3. Are not taller than eight (8') feet measured from the ground to the highest
point of the sign; and
4. Are not illuminated; and
5. Do not have any moving elements or parts.
A sign not meeting each of the above requirements or containing primarily a
political message on a temporary basis and that is generally available for rent or
purchase to carry commercial advertising or other messages that are not primarily
political is not exempt from the requirements of obtaining a permit, assuming the
sign is otherwise allowed by this Ordinance.
K. Special Event or Public Announcement Signs
Signs providing public information concerning special events, bazaars, rallies, or
other similar activities sponsored by non profit organizations including charitable,
religious, philanthropic, educational, or civic institutions with the following
regulations:
1. Signs must be located on private property and the organization must have
permission from the property owner to place the sign on their property. (Signs
of this type can be off premise signs and are exempt from Section 4.H.
2. The maximum sign area is thirty -two (32') square feet.
3. The maximum height is six (6') feet.
4. A maximum of six (6) off premise signs may be located in the City at a given
time advertising the non profit organization function.
5. The advertised function must occur within the corporate limits of the City of
Wylie, it's ETJ, or an adjacent municipality and be sponsored by a non profit
organization located within the City of Wylie.
6. Signs shall not be located on a residential premise.
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Establishing Sign Regulations Page 24
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L. Garage Sale Signs
1. Garage sale signs shall not be erected earlier than two (2) days prior to the
sale and must be removed immediately after the sale but in no case longer
than one (1) day following the sale.
2. Garage sale signs shall be located only on private property with the consent of
the property owner.
3. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. Garage sale signs shall not exceed six (6') square feet in area.
M. Home Improvement Signs
1. Home improvement signs may be erected that display the name of a roofing,
fence, pool, landscape or other home improvement contractor currently
providing such services on the premises.
2. A home improvement sign is allowed only on the lot on which the
improvement is occurring.
3. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. The home improvement sign must be removed thirty (30) days after it is
erected or upon the completion of the work, whichever occurs first.
5. Home improvement signs shall not exceed six (6') square feet in area.
6. A maximum of one home improvement sign shall be allowed on the lot at any
one time.
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Establishing Sign Regulations Page 25
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N. Temporary Religious Signs
1. Temporary religious signs may be erected during times of worship provided
the sign is placed no earlier than two (2) hours prior to worship and is
removed no later than two (2) hours after worship.
2. Signs shall be located only on private property with the consent of the
property owner.
3. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. Signs shall not exceed thirty -six (36') square feet in area.
O. Yard Signs
1. Signs shall be located only on lots containing an occupied single family, two
(2) family or multi family dwelling.
2. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
3. Signs shall not exceed six (6') square feet in area.
P. Zoning Signs
1. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
2. Signs shall not exceed six (6') square feet in area.
Q. Signs Held by Pedestrians
Any sign held or carried by a person for the purposes of advertising or otherwise
drawing attention to an individual, business, commodity, service, activity or
product, or a person dressed in a costume for such purposes, must be located at
least six (6') feet from the street pavement of any right -of -way, and located on the
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 26
549364.v1
property where the event, activity or thing that the sign advertises or draws
attention to occurs or is located.
SECTION 6: GENERAL SIGN REGULATIONS
A. Flags
1. All flags shall comply with Title 4 of the U.S. Code, when applicable.
2. Flag poles must be located at least fifteen (15') feet from any property line.
3. The maximum height of a flag on a lot with a residential use is twenty -five
(25') feet. The maximum height of a flag on a lot with a non residential use is
thirty -five (35') feet.
4. No flag or flag pole may be located within any governmental or utility
easement.
5. A businesses or nonprofit entity may erect a maximum of three flags per tract
of land, only one of which may include the flag for the business and /or
nonprofit entity. A flag showing the emblem or logo of a business or nonprofit
entity must be located on the same tract of land as that business or nonprofit
entity. No flag shall show the emblem or logo of a business or nonprofit entity
that is located on a separate tract of land.
B. Obscenity
No person shall display on any sign any obscene matter as defined by Section
43.32(a) (1), Texas Penal Code, as amended, or any matter soliciting or promoting
unlawful conduct. Any sign which contains obscene matter must be removed
within twenty -four (24) hours of notice. The owner or person in control of the
property on which the sign is located shall be responsible for compliance with this
Section.
C. Obsolete Signs
All signs relating to a product no longer available for purchase by the public and
all signs relating to a business which has closed or moved away shall be removed
or the advertising copy shall be removed. Painted wall signs shall be painted over
with a color that resembles or matches the wall and does not allow the sign
message to be visible after over painting. The owner of the property on which the
sign is located shall be responsible for removal of the sign within thirty (30) days
of obsolescence.
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Establishing Sign Regulations Page 27
549364.v 1
D. Maintenance of Signs
All signs shall be maintained in good condition. Signs which are damaged in any
way, rusty or have peeling paint do not meet minimum maintenance criteria and
shall be brought into compliance, or the sign must be removed, no later than the
tenth (10th) day after written notice of such violation is sent to the property
owner, permit holder or person in control of the property, via certified mail. The
owner of the property, permit holder or person in control of the property on which
the sign is located shall be jointly and severally responsible for compliance with
this subsection.
E. Wind Pressure and Dead Load Requirements
All signs shall be designed in accordance with all of the following requirements;
set forth in Section 8 Table B -1, Building Code Exposure Category C, constructed
to withstand a wind pressure of not less than thirty (30) pounds per square foot of
area and shall be constructed to receive the minimum dead loads as required by
the Building Code and regulations of the City of Wylie.
F. Obstructing Doors, Windows, or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign in any manner that
prevents free ingress to or egress from any door, window or fire escape, or to
attach any sign to a standpipe or fire escape.
G. Placement of Advertising Matter
1. 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 this Ordinance or another
ordinance.
2. No person, firm, 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.
3. It shall 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.
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Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 28
549364.vl
H. Signs Prohibited On or Over Public Property
Except as otherwise provided for in this ordinance, 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, except for Projecting Signs in the Downtown Historic District
meeting regulations in Section 5.P and Section 8.F in this Ordinance. Signs
violating this provision shall be considered illegal signs and may be removed and
disposed of by the City in accordance with this Ordinance.
Illumination of Signs
1. No sign shall be illuminated to such intensity or in such a manner as to cause a
glare or brightness to a degree that it constitutes a hazard or nuisance.
2. Moving, flashing, changing color, beacons, revolving or similarly constructed
signs shall not be allowed, except for electronic signs showing time and
temperature.
3. Sign illumination may only alternate on and off at a rate equal to or less than
MUM. twelve (12) times in an hour, excluding time and temperature signs.
4. 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 forty (40) watts per every twenty -five (25')
square feet or any portion thereof of the sign face.
J. 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 premises may
not exceed a total of 1.6 million foot candlepower. No more than four (4)
beams of light may be projected from any premises.
3. All searchlights must be designed and maintained so as to prevent beam rays
of light from being directed at any portion of the rights -of -way or adjoining
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Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 29
549364.v1
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, or to create greater than 0.5
foot candles at four (4') feet height at the property line.
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
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 premises within the six (6) months preceding the date of the permit
application.
SECTION 7: ATTACHED SIGN REGULATIONS
Unless otherwise specifically provided, the regulations set forth in this Section shall be
applicable to all attached signs that are allowed under this Ordinance.
A. Wall Signs
1. Where Allowed. Wall signs shall be limited to buildings located in a
nonresidential zoning district or to churches, apartments, schools and other
nonresidential uses, with the exception of model homes, located within a
residentially zoned district.
2. Installation Requirements. All signs and their words shall be mounted
parallel to the building surface to which they are attached, and shall project no
more than eighteen (18 inches from that surface, except for Projecting signs
as allowed in Section 7.F. Wall signs shall not extend above the wall or
building surface to which the sign is attached. Banner signs shall not be
utilized as permanent wall signs, but only as Promotional Signs as allowed in
Section 10.C.
3. Maximum Sign Area
Wall signs shall not exceed the following area schedules:
a. An attached sign located at a height of twenty -six (26') feet or less is
limited to one (1') square foot of sign area for each linear foot of building
frontage for a single tenant building, or lease space frontage in a multiple
tenant building, not to exceed four hundred fifty (450') square feet.
b. An attached sign located above a height of twenty -six (26') feet shall be
permitted an increase in maximum effective area. Such increases shall not
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549364.v1
exceed four (4') square feet in effective area for each additional one foot
(1') of height above twenty -six (26') feet measured from the base of the
sign. Signs may be increased hereunder to a maximum size of six hundred
(600') square feet.
c. Attached signs may be located on any facade except for signs located on
the side or rear wall of a building where the sign would face an adjacent
residential zoning district.
d. The sum of the effective area of all attached signs shall not exceed the
allowable effective area specified in paragraphs (a) or (b) above,
whichever paragraph is applicable. Signs on a single facade shall not
exceed the sign area allowed in paragraph (a) above.
B. Signs attached to a Building(s)
No portion of any type or style of a sign will be allowed to project above the
vertical plane of the exterior wall, parapet, mansard or the fascia panels of a
canopy upon which they are attached.
C. Illumination of Attached Signs
Attached Signs may only be illuminated utilizing internal lighting. Exterior letters
with exposed neon lighting are allowed.
D. Window Signs
Window signs do not require a permit or a permit fee. Window Signs must meet
the following regulations:
1. Window Signs must not obscure more than twenty -five (25 percent of the
window area per facade.
2. The sign area shall be measured by drawing a rectangular or square box
around the sign elements, then multiplying the height by the width. For signs
whose shape is irregular, the box must enclose all elements of the sign.
3. No illuminated Window Signs shall be allowed within two (2') feet of the
window surface, except for open closed signs.
E. Awning Signs
Awning Signs must meet the following regulations:
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1. An Awning 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 eight (8') feet above the sidewalk.
2. Artwork or copy on Awning Signs shall be limited to a business name and /or
logo.
3. The artwork or copy for an Awning Sign shall not exceed twenty (20
percent of the area of the Awning and shall extend for no more than sixty
(60 percent of the length of the Awning.
F. Projecting Signs
1. Signs shall be constructed of noncombustible material.
2. Signs shall not project more than three (3') feet, measured from the building
face and shall not be closer than two (2') feet from the back of the curb line.
3. Signs shall be at least eight (8') feet above the sidewalk.
4. Signs may be illuminated in conformance with this Ordinance or other
applicable City regulations.
5. Signs shall be compatible in design, shape, and material with the architectural
and historic character of the building.
6. Signs shall not exceed sixteen (16') square feet per sign face.
G. Canopy Sign
Canopy Signs must meet the following regulations:
1. A Canopy Sign may be attached to, or be an integral part of the face of a
canopy.
2. A Canopy Sign may consist of only the name and /or logo of the business at
the location of the canopy.
3. The artwork or copy on a Canopy Sign shall not exceed ten (10 percent of
the face of the canopy, or a maximum of twenty -five (25') square feet,
whichever is greater.
4. 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
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Establishing Sign Regulations Page 32
549364.v1
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. Electrical Signs
Every sign with any type of electrical connection must be recognized by an
approved listing agency with a permanent label properly affixed or be designed
and assembled by a state licensed Master or Sign Electrician registered with the
City of Wylie. An electrical permit and approved inspection are required prior to
the erection or attachment to the permanent structure.
SECTION 8: MONUMENT SIGN REGULATIONS
A. General Requirements.
1) All Monument Signs shall be compatible with the colors and materials of the building
that is located on the same lot as the sign. Sculpted aluminum sign panels and plastic
panel signs are allowed to be utilized on Monument Signs.
2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming
traffic when stopped at an exiting drive or at the intersection of two (2) (or more) public
streets. The motorist's eye is assumed to be at a point fifteen (15') feet from a point
determined by the intersecting curb lines or the edge of the roadway whichever is more
stringent. Traffic must be visible for a distance of ten (10) times the speed limit on either
side of the vehicle parallel to the intersecting roadway. This shall be applied to all public
and private approaches affected. See Illustration 2 -1.
3) No sign shall be placed in or extend beyond the vertical plane of a property line, public
street, sidewalk, easement or right -of -way.
4) A monument sign must be separated by at least one hundred (100') feet from any other
monument sign on the same property, measured along the right -of -way.
5) Changeable message signs. Monument signs shall include a maximum area of thirty -two
(32') square feet that incorporates changeable messages or lettering, as defined, in the
sign face. Such messages shall not blink, flash, or scroll. Changeable message signs are
allowed to change their message a maximum of once every eight seconds.
6) Street addresses. On- premises signs shall display the street addresses of the business
location it advertises in numbers at least five (5) inches high on each monument sign in
legible form within forty (40') feet of the nearest public roadway. Such numbers shall
increase one (1) inch in height for each additional forty (40') feet, or fractional part
thereof, the sign is located from such roadway and utilize contrasting colors)
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549364.v 1
7) Every sign with any type of electrical connection must be listed by a recognized listing
agency with a permanent label properly affixed.
8) Properties with Single Tenants. Businesses located on individually platted land including
individual pad sites within a shopping center, apartments, schools, model homes and
other nonresidential uses located on residentially zoned property are permitted to erect
monument signs that comply with the following regulations:
a. Maximum Display Area allowance is Ninety (90') square feet.
b. Maximum Height is Twelve (12') feet.
c. Maximum Width is Eight (8') feet.
9) Properties with Multiple Tenants. Multiple business signs (MBS) advertising multiple
business in a common center(s) shall observe the following specific rules and regulations
as identified in Table B -1, in addition to all other regulations herein contained. Shopping
centers and /or office complexes with multiple tenants are permitted to erect monument
signs that comply with the following regulations:
a. A multiple business sign shall not be erected, constructed, or maintained
within one hundred (100') feet of any other sign except for signs on the
buildings of the businesses advertised on the multiple business sign and
traffic, street or directional signs.
b. There may be more than one (1) multiple business signs on each street
frontage. The minimum distance between each such multiple business sign
shall be in compliance the requirements of Table B -1.
c. A multiple business center (MBC) with less than one hundred (100') feet of
street frontage shall be permitted no more than one (1) multiple business sign.
d. Maximum size shall be in compliance the requirements of Table B -1.
e. Maximum height shall be in compliance the requirements of Table B -1.
TABLE INSET B -1
Number of Maximum Maximum Display Minimum Minimum
Tennant Allowable Allowable Area Max Distance Wind Load
Spaces* Height Width Between Design
MBS Speed
2 -4 14 feet 12 feet 128 feet 100 feet 100 MPH
5 -8 16 feet 12 feet 160 feet 100 feet 100 MPH
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 34
549364.v 1
9 -12 19 feet 14 feet 216 feet 300 feet 110 MPH
13 -16 25 feet 16 feet 320 feet 300 feet 110 MPH
The minimum dimension allowance of any business or otherwise tenant space
shall not be less than thirty (30') linear feet in width as measured along the
display or advertised frontage of any building, space or structure. In no case
will this consideration take precedence over any zoning building and /or fire
code requirements or amendments through adoption by the City of Wylie.
The Minimum Wind Load Design Speed shall be designed and engineered to
Wind Exposure Category C or better and bear the stamp of a Professional
Structural Engineer legally licensed by the state of Texas.
B. Fuel Pricing Signs
A Fuel Pricing Sign must be integral to the permitted sign for the site and shall
satisfy the following additional requirements:
a. The Fuel Pricing Sign shall only reflect the most current price
of fuel available for purchase at that location and must be a
Monument Sign.
b. The pricing display may not scroll, flash, or change more
frequently than twice a day.
c. The overall sign dimension shall be in compliance with Table
B -1, must comply with all other regulations and the pricing
display may not exceed two thirds of the gross sign area per
sign face.
d. Only one pricing display is allowed per site.
e. Internal illumination may be used for the pricing display.
f. Changeable reader boards of a manual type may be used if
proper design is employed to keep the changeable panels safely
in place at the minimum wind load design speed in compliance
with Table B -1.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 35
549364.v1
C. Material Regulations
All Monument Sign bases shall be constructed of the same material as the front
building facade on the same site or shall be compatible in design with stone or
brick. The Sign Support must be constructed or covered with the same masonry
material as the principal building, or stone, or brick. Sculpted aluminum or plastic
sign panels will be allowed. All sign text and graphic elements shall be limited to
a minimum of six (6 inches from the outer limits of the sign structure.
D. Illumination
Monument Signs may be illuminated by a ground lighting source where the light
itself and supporting structure are screened from the public right -of -way. Ground
lighting must be of one constant color and not pose a traffic concern as
determined by the City of Wylie. Signs may be back lit using internal lighting.
SECTION 9: OTHER TYPES OF SIGNS
This Section provides standards for specific types of permanent signs permitted by this
Ordinance.
A. Menu Board Signs
Menu Board Signs must meet the following regulations:
1. Menu Board Signs may be Attached or Monument Signs.
2. The maximum height is six (6') feet.
3. The maximum sign area is twenty -four (24') square feet. Only one sign face is
allowed per sign, but may be compartmentalized to appear as only one sign
panel face assembly.
4. All Menu Board Signs shall be located at the side or rear of the principal
building. If two signs are erected they must be at least twelve (12') feet apart.
5. Internal illumination may be utilized for the sign panel.
6. Any sign must be located at least fifteen (15') feet from any property line.
B. Subdivision Entry Signs
Subdivision Entry Signs must meet the following regulations:
1. Comply with the General Requirements of Monument Sips.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 36
549364.v1
2. May not exceed seven (7') feet in height from the crown of the current or
proposed future street improvement as determined by the City of Wylie
Engineer.
3. Subdivision Entry Signs may be attached to a wall at the subdivision entrance
or installed as a Monument Sign.
4. Attached Signs may not project above the top of the wall on which they are
attached.
5. The maximum sign area is thirty -two (32') square feet for Attached Signs.
6. Only one (1) Monument Sign or two (2) attached signs may be placed at each
subdivision entrance. A Monument Sign may have the subdivision name on
both sides.
7. Monument Signs may be located in the median at the street entrance if
approved by the City in an approved plat, within a developer's agreement, or
by separate approval of Planning and Zoning Commission.
,,,,,,r„ C. Directory Signs
Directory signs must meet the following regulations:
1. Directory Signs may be either Attached or Monument Signs.
2. Directory Signs must be located a safe distance from the entry drive and the
public right -of -way as determined by the City's Engineer.
3. Only one Directory Sign is allowed per street entrance.
D. Institutional Signs
Institutional Signs must meet the following regulations:
1. Institutional Signs may be Attached and /or Monument Signs.
2. Institutional Signs may include a reader board, subject to the following
limitations:
a. Reader board must be integral to the permitted sign for the site;
b. Messages on the reader board, whether electronic or manual, may not
scroll, flash, or change more frequently than once a day;
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 37
549364.v1
c. Manual reader boards using movable lettering must have a lockable
covering;
d. The reader board display cannot exceed two thirds of the gross sign area
per sign face, excluding a Monument Sign border.
e. Internal illumination may be utilized for the reader board sign panel.
E. Kiosk Signs
Kiosk Signs must meet the following regulations:
1. Procedures for Installing a Kiosk Sign
a. Kiosk signs may only be installed pursuant to an executed concession
contract approved by City Council. This concession contract shall grant a
person or company (the "Concessionaire the right to design, erect, and
maintain Kiosk Signs within Wylie and administer the Kiosk program as
set forth by that concession contract.
b. Once a concession contract is approved by City Council, the
Concessionaire shall submit a map, elevations, and any other
documentation deemed necessary by city staff, showing the location and
design of the proposed Kiosk Signs to the Director of Planning, Building
Official, and the Director of Public Works. Upon review of the map,
elevations, and any other applicable documentation, the Director of
Planning, Building Official, and Director of Public Works shall make a
recommendation to City Council as to whether the location and design of
the proposed Kiosk Signs should be approved, denied, or modified.
c. City Council may approve, deny, or approve with modifications the
location and design of the proposed Kiosk Signs as shown on the map,
elevations, and other applicable documentation. Modifications include, but
are not limited to, modifications to the color of, or materials used in, the
sign panels. No party may erect a Kiosk Sign without City Council
approval of the location and design of the kiosks.
d. The Concessionaire must comply with all permitting requirements set
forth in this Ordinance.
2. Location of Kiosk Signs. Although the City Council has the authority to
determine where Kiosk Signs may be located, locations must at least meet the
following criteria:
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 38
549364.v1
a. The location of Kiosk Signs must not create traffic hazards. The
obstruction of the visibility of motorists, pedestrians, or traffic control
signs will constitute a type of traffic hazard. Wylie's Engineering Division
shall review the location of each proposed Kiosk Sign. A Kiosk Sign shall
not be installed if Wylie's Engineering Division determines that the
location of the proposed sign would create a traffic hazard.
b. The location of Kiosk Signs must not interfere with the general use of and
handicap accessibility of sidewalks, walkways, bike, and hiking trails.
c. The location of Kiosk Signs must not interfere with any public utilities or
be located in a utility easement.
d. Kiosk Signs must not be located within a sight visibility triangle.
e. Kiosk Signs must not be placed adjacent to a lot with a residential use
without the prior written consent of the owner(s) of that lot as shown on
the most current tax roles. Proof of prior written consent must be attached
to the Concessionaire's permit application. If a residential use is placed on
a lot adjacent to a pre- existing Kiosk Sign, no written consent is necessary
for that Kiosk Sign to remain.
aita
f. A Kiosk Sign must be located at least one hundred (100') feet from all
other Kiosk Signs.
g. Kiosk Signs must not be located within a median.
h. Kiosk Signs must be located at least five (5') feet from the edge of curb or
pavement line, which includes improved surfaces and shoulders.
3. Design of Kiosk Signs. Although City Council has the authority to determine
which designs are appropriate, designs must at least meet the following
criteria:
a. At least one sign panel on each Kiosk Sign must provide directions to a
municipal facility or provide information about an upcoming city
sponsored event.
b. Kiosk Signs may not exceed twelve (12') feet in height and four (4') feet
in width.
c. Kiosk Signs must include breakaway design features as required by the
Texas Department of Transportation's Sign Mounting Details for
Roadside Signs. Break -away fittings must be installed below grade or
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 39
549364.v1
concealed from public view in another manner approved by City Council
through the Building Inspections Department.
d. The font and color of the Kiosk Signs must be uniform throughout the
entire sign.
e. Kiosk signs shall not be illuminated.
f. There must be an identification panel at the top of each Kiosk Sign that
displays only the name and official logo of the city.
g. No signs, pennants, flags, streamers, balloons or other devices or
appurtenances used for visual attention may be attached to Kiosk Signs.
4. Variances to Kiosk Sign Regulations. No person or party may obtain a
variance to the Kiosk Sign procedures or regulations set forth in this
Ordinance.
SECTION 10: REGULATIONS FOR TEMPORARY SIGNS
A. Development Signs
1. Development Signs are allowed subject to the following regulations.
2. Development Signs require a temporary sign permit and may be erected in
nonresidential and residential zoning districts.
3. Development Signs must be related only to the property on which they are
located. They may be Monument or Pole Signs provided that a minimum of
two vertical sign supports are utilized.
4. Maximum height of a Development Sign shall be fifteen (15') feet.
5. The required setback shall be ten (10') feet from the front property line and ten
(10') feet from the side property line.
6. The maximum sign area per sign face shall not exceed sixty (60') square feet.
7. Each development site may have one such sign for each fifty (50') acres, or
any portion thereof, under active development.
8. A Development Sign must be 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 occupancy is issued for a shell building.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 40
549364.v 1
For a residential project, ninety (90 percent complete means when ninety
(90 percent of the lots in the subdivision have received building permits.
B. Real Estate Sign
Real Estate Signs are subject to the following regulations:
1. Real Estate Signs may be erected in nonresidential and residential zoning
districts and shall not require a permit.
2. Real Estate Signs may be Attached, Monument or Ground Signs.
3. The maximum sign area shall not exceed nine (9') square feet and a maximum
height of four (4') feet for property located in a Residential Zoning District.
Signs located in a Non Residential Zoning District shall not exceed thirty -two
(32') square feet in sign area and ten (10') feet in height.
4. On lots where a sidewalk exists within the street right -of -way, signs shall be
located between the sidewalk and the structure but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right -of -way, the sign shall be located at least ten (10') feet from the edge of
the street.
5. No more than one sign shall be located for every two (2) acres in a tract of
land or portion thereof and must be related only to the property on which they
are located.
6. A Real Estate Sign shall be removed upon the sale or lease of the property.
C. Promotional Signage
Businesses that erect signs under the provisions of this Section shall not display a
sign that states "Going out of Business "Quitting Business" or similar message
more than one time. Promotional Signs are subject to the following regulations:
1. All Promotional Signage requires a permit. A maximum of two (2) permits are
allowed for each calendar year. A separate permit is required for each two
week period Promotional Signage will be used. Promotional signs will be
considered as a group and not as each individual sign, streamer, banner, etc.
2. Promotional Signage may include flags, pennants, streamers, balloons,
inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a
a-- maximum of two (2) banners is allowed, in addition to flags, pennants,
streamers, balloons, inflatable or other promotional signage per permit.
Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 41
549364.v 1
3. Promotional Signage is allowed for two, two -week periods each calendar year
per legal business subject to the following:
a. A two (2) week period will commence on the first day Promotional
Signage is displayed.
b. The two (2) week periods shall not occur in the same or consecutive
months.
c. A legal business shall include any commercial, industrial, or institutional
use for which the building inspection department has issued a certificate of
occupancy.
d. In the case of a special promotion for a grand opening celebration, one
period may be extended to a three (3) 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.
EXCEPTION: A business that is in its initial year of operation is
allowed to extend the time promotional signs are displayed, one
time, from two weeks to thirty (30) days.
4. Any device described as Promotional Signage shall not exceed an overall
height of forty (40') feet measured from ground.
5. The setbacks are a minimum of fifteen (15') feet from street Right of Way and
a minimum of forty (40') feet from property lines other than those property
lines fronting the street Right of Way.
Ordinance No. 2009-21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 42
549364.v1
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Ordinance No. 2009 -21
Repealing Ordinance No. 2008 -33
Establishing Sign Regulations Page 43
549364.v 1
C&S Medic., Inc.
ZIrIie "arrnergbille SinmS Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS
C
STATE OF TEXAS A GI
44 COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie Ordinance No. 2009 -21
was published in said newspaper on the following dates, to -wit:
August 19, 2009
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of 2009
to certify which witness my hand and seal of office.
Notary Public i i '*d for
The State of Texas
My commission expires /d
P A./.9
Sonia n Duggan
.�1L x My Commission Expires
'5.\ n9m2i2012
Murphy /Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX 75098 972 -442 -5515 fax 972 -442 -4318
Farmersville/Princeton Office 101 S. Main P.O. Box 512 Farmersville, TX 75442.972- 784-6397 fax 972 782 -7023
August 19 20, 2009 5B
ORDINANCE NO.
2009 -21
AN ORD
TIME CM' OF
WYLIE, TEXAS,
REPEALING ORDI-
NANCE NO. 2008 -33
(SIGN REGULA
TIONS); ADOPTING
AN ORDINANCE
ESTABLISHING
SIGN REGULA-
TIONS; PROVIDING
FOR A PENALTY
FOR THE VIOLA=
TION OF THIS
ORDINANCE; PRO-
VIDING FOR
REPEALING, SAV-
INGS AND SEVER
ABILITY CLAUSES;
PROVIDING FOR
AN EFFECTIVE
DATE OF THIS
ORDINANCE; AND
FRDVIDII'tG FOR
THE PUBLICATION
OF THE CAPTION
HEREOF
Eric Hogue, Mayor
t) "T:
Carole. Ehrlich, City
Secretor.
14-ft-339-35