04-13-1993 (City Council) Agenda Packet AGENDA
WYLIE CITY COUNCIL
April 13, 1993
7:0s0 P.M.
MUNICIPAL COMPLEX
Call to Order
Invocation - Mona Bailey, Corinth Presbyterian
1. Discuss and Consider a Resolution Declaring April 18th
through April 24th as National Library Week
Public Hearings
2. Hold Public Hearing and Consider Amending the Zoning
Ordinance Regarding Sign Regulations
3. Hold Public Hearing and Consider Amending the Zoning
Ordinance Regarding Sexually Oriented Businesses
4. Hold Public Hearing and Consider Amending the Zoning
Ordinance Regarding Private Clubs
5. Hold Public Hearing and Consider Amending the Zoning
Ordinance Regarding Outside Storage
6. Hold Public Hearing and Consider Amending the Zoning
Ordinance Regarding Masonry Requirements
7. Hold Public Hearing Regarding Amending the Zoning
Ordinance Zoning and Platting Requirements
* (2-7) Consider Approval of an Ordinance Amending the Comprehensive
Zoning Ordinance as Proposed in Agenda Items 2 through 7
Action Items
8. Discuss and Consider Approval of an Ordinance Amending
Speed Limits on E. Brown and N. Ballard streets
9. Discuss and Consider Approval of an Ordinance Adopting
Requirements for Clean Up of Hazardous Waste Spills
10. Discuss and Consider Approval of an Agreement with Collin
County Community Supervision and Corrections Department
11. Discuss and Consider Authorizing Refund of Tax Overpayment
12. Discuss Proposed Appointment of Health Officer and Take Any
Necessary Action
Adjournment
Posted this the 9th day of April, 1993
Mary Nic is Z Secretary
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: P1 arming and Zoning re DIRECTOR: Mi rhaal S' 1vw dt
0
DATE REFERENCE NO. SUBJECT
April 8, 1993 Amend the Sign Ordinance.
SUMMARY OF SUBJECT:
For the City Council to amend Chapter 12, Section 26, Sign Ordinance, of the Wylie Code
of Ordinances.
The proposing updated Sign Ordinance will be more comprehensive than the current one;
and will also provide removal of off premise advertising as well as a moratorium on
bill boards.
ALTERNATIVES:
1. To approve Chapter 12, Section 26 as amended.
2. To deny the request.
ACTION REQUESTED:
To approve to amend Chapter 12, Section 26, of the Wylie Code of Ordinances, Sign Ordinance,
as submitted by the Planning and Zoning Commission.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
OVER/UNDER PROJECTIONS BY:
PERSONNEL ❑
OPERATIONS 0 ONE-TIME 0 • $
CAPITAL 0 RECURRING 0 OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
x BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS _____ OTHER
MINUTES LEGAL
REVIEWED BY:
x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. UBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC g BUILDINGOFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
M E M O R A N D ICJ M
TO: CITY COUNCIL MEMBERS
FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL
DATE: MARCH 31, 1993
SUBJECT: PLANNING AND ZONING COMMISSION APPROVED TO GO TO CITY
COUNCIL THE AMENDED SIGN ORDINANCE UPDATE
I am proposing an updated sign ordinance which is more
comprehensive then the current one.
Some of the things I wish to accomplish are:
1) Prohibit any new billboards
2) Cause signs that are off premises to be removed
3) Generally clean up the sign pollution within the City.
CHAPTER 12 SECTION 26
SIGN REGULATIONS
For the purposes of this section the following definitions shall
apply, unless otherwise indicated to the contrary.
Awning. An architectural projection which provides weather protection,
identity and decoration, and is supported by the building to which it is
attached. It is composed of a lightweight rigid or retractable skeleton
structure over which a thin cover is attached which may be of fabric or other
materials, and may be illuminated.
Banner. A temporary sign made of cloth, canvas or other light fabric.
Canopy. A canopy is a roof-like structure which shelters a use such
as, but not restricted to, a gasoline pump island, and is supported by either
one or more columns or by the building to which it is accessory and is open
on two or more sides.
Dilapidated or Deteriorated Condition. Dilapidated or deteriorated
condition shall mean any sign:
(a) Where elements of the surface or background can be seen as viewed
from the normal viewing distance (intended viewing distance) , to
have portions of the finished material or paint flaked, broken off,
or missing, or otherwise not in harmony with the rest of the
surface; or
(b) Where the structural support or frame members are visibly bent,
broken, dented, or torn; or
(c) Where the panel is visibly cracked or in the case of wood and
similar products, splintered in such a way as to constitute an
unsightly or harmful condition; or
(d) Where the sign, or its elements are twisted or leaning or at angles
other than those at which it was originally erected (such as may
result from being blown or the failure of a structural support) ; or
(e) Where the message or wording can no longer be clearly read by a
person with normal eyesight under normal viewing conditions.
(f) Where the sign or its elements are not in compliance with the
requirements of the National Electrical Code and/or the Uniform
Building Code currently adopted by the City.
Erect. The term "erect" shall meant to build, construct, attach, hang,
place, suspend or affix, and shall also include the painting of signs on the
exterior surface of a building or structure.
Flag. A piece of cloth, canvas, or other light fabric, usually
rectangular in shape, containing a distinctive design or message which is
used as a symbol or to signal or attract attention.
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Facing or Surface. The word "facing" or "surface" shall mean the
surface of the sign upon, against or through which the message is displayed
or illustrated on the sign.
Gross Surface Area of Sign. The "gross surface area of a sign" is the
actual area of a face of the sign, unless the sign is not of a regular
(square, rectangle, triangle, circle) shape. In the case of an irregular
shaped sign, the entire area within a single continuous perimeter forming the
most applicable single regular shape enclosing the extreme limits of each
sign shall be the "gross surface area". In the event two (2) or more signs
share a single structure, each sign or panel may be considered separately for
square footage purposes, except that the combined footage of such signs
cannot exceed the total square footage allowed for the sign.
Illuminated Sign. The term "illuminated sign" shall mean any sign
which has characters, letters, figures, or designs illuminated by electric
lights, luminous tubes or other means that are specifically placed to draw
attention to, or to provide nighttime viewing of, the subject matter on the
sign face.
Incombustible Material. The term "incombustible material" shall mean
any material which will not ignite at or below a temperature of twelve
hundred (1,200) degrees Fahrenheit, and will not continue to burn or glow at
that temperature.
Logo. A "logo" is any design or insignia of a company or product
which is commonly used in advertising to identify that company or product.
Non-structural Trim. The term "non-structural trim" shall mean the
retainer, battens, cappings, nailing strips, latticing and platforms which
are attached to the sign structure.
Pennant. Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire or
string, usually in a series, designed to move in the wind.
Premise. Any parcel of real property, together with all buildings and
structures thereon.
Searchlight. An apparatus capable of projecting a beam or beams of
light in excess of two (2) million peak candlepower or 250,000 lumen.
Sign. A "sign" is any medium, including its structure and component
parts, which is used or intended to be used to attract attention to the
subject matter. A sign may include but is not limited to any device,
display, flag, banner, pennant, beacon, insignia, name, number,
identification, illuminated translucent panel, or any other medium which is
determined to be a sign.
Sign, Advertising. An "advertising sign" is any sign which promotes or
advertises commodities or services not limited to being offered on the
premises on which such signs are located. Advertising signs may be designed
to provide a changeable copy area.
Sign, Agricultural. An "agricultural sign" is any sign advertising
options, features, or conveniences offered by a business and installed in a
manner considered temporary by the enforcing authority.
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Sign, Amenity. An "amenity sign" is any sign advertising options,
features, or conveniences offered by a business and installed in a manner
considered temporary by the enforcing authority.
Sign, Apartment. An "apartment sign" is any sign identifying an
apartment building or complex of apartment buildings.
Sign, Awning. An "awning sign" is any awning displaying a business
name or logo.
Sign, Billboard. A "billboard sign" is any pole sign having a face
exceeding one hundred (100) square feet, and which promotes or advertises
commodities or services available at a location other than where the sign is
located and shall include those signs whose message space is available for
lease, rent, or hire.
Sign, Construction. A "construction sign" is any temporary sign
identifying the property owner, architect, contractor, engineer, landscape
architect, decorator or mortgagee engaged in the design, construction or
improvement of the premises on which the sign is located.
Sign, Development. A "development sign" is any temporary, on-site
promotional sign pertaining to the development of land or construction of
buildings. In residential districts, the intent of the sign shall be to
promote the subdivision and shall not display the name of any builder.
Sign, Directory. A "directory sign" is any sign listing the occupants
within shopping centers, industrial sites, retail districts, office
districts, and commercial sites.
Sign, Garage Sale. A "garage sale sign" is any temporary, on-site
promotional sign for the sale of personal household goods in a residential
zoning district or on the property of a non-profit organization.
Sign, General Business. A "general business sign" is any sign which is
used to identify a business, profession, service, product or activity
conducted, sold or offered on the premises where such sign is located.
Sign, Ground (Temporary) . A "temporary ground sign" is any sign which
has a display surface comprised of non-permanent letters which allows a
change of copy by adding or removing letters and is temporarily fixed to a
vertical framework consisting of uprights and which is designed to be readily
moved from site to site.
Sign, Identification. An "identification sign" is any sign which is
used to identify shopping centers, industrial sites, retail districts and
commercial sites.
Sign, Inflatable. An "inflatable sign" is any hollow sign expanded or
enlarged by the use of air or gas.
Sign, Institutional. An "institutional sign" is any sign used to
identify schools, churches, hospitals and similar public or quasi-public
institutions.
Sign, Marquee. A "marquee sign" is any permanent structure which is
attached to and supported by a building and which projects outward from the
building.
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Sign, Monument. A "monument sign" is any sign mounted to a solid base
support at ground level.
Sign, Multi-Purpose. A "multi-purpose sign" is an identification sign
combined with either of the following:
(a) a directory sign
and/or
(b) a reader board sign
Sign, Model Home. A "model home sign" is any temporary sign
identifying a new home, either furnished or unfurnished, as being the builder
or contractor's model open to the public for inspection.
Sign, Municipally Owned. A "municipally owned" sign is any sign which
identifies a park, entrance to the City, place of interest within the City,
and City-sponsored event, or any municipally owned facility. A municipally
owned sign does not include traffic or street identification signs.
Sign, Obsolete. An "obsolete sign" is any sign which no longer serves
a bona fide use or purpose.
Sign, Pole. A "pole sign" is any sign which is erected on a vertical
framework consisting of one (1) or more uprights supported by the ground.
Sign, Political. A "political sign" is any sign promoting a political
issue or a particular candidate for public office.
Sigh, Portable. A "portable sign" is any sign which is not permanently
attached or affixed to the ground, a building or other fixed structure or
object. Portable signs include those signs installed on wheels, trailers,
skids and similar mobile structures.
Sign, Projecting. A "projecting sign" is any sign, except an awning,
which projects perpendicularly from a building and which has one end attached
to a building or other permanent structure.
Sign, Reader Board. A "reader board sign" is any sign comprised of
changeable letters which allows a change of sign copy by adding or removing
letters. The sign copy shall conform to the category use of the sign allowed
by this Ordinance.
Sign, Real Estate. A "real estate sign" is any temporary sign
pertaining to the sale or rental of property and advertising property only
for the use for which it is legally zoned.
Sign, Roof. A "roof sign" is any sign erected upon or above a roof or
parapet of a building or structure.
Sign, Subdivision Entry. A "subdivision entry sign" is any free-
standing sign identifying a residential subdivision and located on site.
Sign, Subdivision Wall Plaque. A "subdivision wall plaque" is any sign
attached to an approved masonry screening wall.
Sign, V-Shaped. A "V-shaped sign" is any free-standing sign
constructed of two (2) panels in the form of a V, when seen from above, with
a maximum angle between the panels of forty-five (45) degrees.
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Sign, Wall. A "wall sign" is any sign erected flat against an exterior
wall, supported by the wall, and having the sign face parallel to and not
more than twelve (12) inches from the wall surface. Neon tubing attached
directly to a wall surface shall be considered a "wall sign" when forming a
border for the subject matter, or when directing attention to the subject
matter or when forming letters, logos, or pictorial designs.
Sign, Window. A "window sign" is any sign, banner, poster, or display
located on the internal surface of the window of any establishment which
advertises services, products or sales available within said establishment or
which announces opening of said establishment.
Sign Setback. Sign setback shall be the horizontal distance between a
sign and the front or side property line, as measured from that part of the
sign, including its extremities and supports, nearest to any point on any
imaginary vertical plane projecting vertically from the front or side
property line.
Sight Visibility Triangle. Where one street intersects with another,
the "sight visibility triangle" is the triangular area formed by extending
two curb lines a distance of forty-five (45) feet from their point of
intersection, and connecting these points with an imaginary line, thereby
making a triangle. If there are no curbs existing, the triangular area shall
be formed by extending the property lines a distance of thirty (30) feet from
their point of intersection, and connecting these points with an imaginary
line, thereby making a triangle. Where a street intersects with an alley or
driveway, the "sight visibility triangle" is the triangular area formed by
measuring eight (8) feet to a point along the property lines and joining said
points to form the hypothenuse of the triangle.
ADMINISTRATION
26.2 Sign Permit Required
It shall be unlawful for any person to erect, replace, alter or relocate
any sign within the City without first obtaining a permit to do so from the
Building Official, except as may be hereinafter provided.
26.3 Nonconforming Existing Signs
Every sign lawfully in existence on the date of passage of this
Ordinance may be repaired without applying for a permit hereunder, but no
such sign or sign facing shall be altered or moved unless a permit be issued
pursuant to the provisions of this Ordinance. In the case where a sign
facing is being replaced for the same business, a permit is not required.
Temporary permits granted prior to the passage of this Ordinance shall be
renewed only if the applicant complies with all provisions of this Ordinance.
26.4 Application for Sign Permit
Application for a permit required by this Ordinance shall be made upon
forms provided by the Building Official, and shall contain or have attached
thereto the following information:
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(a) Sign use classification.
(b) Name, address and telephone number of the applicant.
(c) Name, address and telephone number of owner.
(d) Name, address and telephone number of person or firm erecting the
sign.
(e) A plan drawn to scale showing the location of the building,
structure or tract to which or upon which the sign is to be
attached or erected.
(f) Position of the sign in relation to nearby buildings or structures
or other related signs.
(g) Such other information as the Building Official may require to show
full compliance with this Ordinance and all other laws and
Ordinances of the City and State.
26.5 Exemptions from Permit Requirements
A permit shall not be required for the following signs, provided
however, such signs shall otherwise comply with all other applicable sections
of this Ordinance:
(a) Signs not exceeding eight (8) square feet in area, which advertise
the sale, rental or lease of the premises on which such signs are
located.
(b) Nameplates not exceeding one (1) square foot in area.
(c) Temporary political signs on private property.
(d) Signs not exceeding thirty two (32) square feet in area for public,
charitable or religious organizations when the same are located on
the premises of the institutions.
(e) Temporary construction signs, not exceeding sixteen (16) square
feet in area, denoting the architect, engineer or contractor, when
placed upon premises under construction.
(f) Occupational signs, not exceeding two (2) square feet in area,
denoting only the name and profession of an occupant in a
commercial building or public institutional building.
(g) Memorial signs or tablets, names of buildings and date of erection,
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
(h) Flags, emblems and insignia of any governmental body and decorative
displays for holidays or public demonstrations which do not contain
advertising and are not used as such. In addition, a single flag
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which shows an emblem or logo of a firm of corporation is allowed
when it is erected on a free-standing flagpole with a minimum
setback of eight (8) feet behind the property line.
(i) On-site, directional signs not exceeding eight (8) square feet,
provided such directional signs do not contain advertising and are
not used as such. When such signs are illuminated, a permit must
be obtained for the electrical components of the installation.
(j) Traffic or street signs, legal notices, railroad crossing signs,
danger, and such emergency, temporary or non-advertising signs as
may be approved by the City Council or the City Manager or his
authorized representative.
(k) Signs located inside a building and which are not displayed so as
to be visible from outside the building. Signs located in covered
mall buildings shall comply with the current Building Code and
Electrical Code.
(1) Window signs, provided all other requirements are met.
(m) Garage sale signs, maximum of eight (8) square feet in area, and
located on the property where the garage sale is being held.
(n) Copy change only for previously permitted Advertising signs
designed to provide a changeable copy area.
26.6 Signs Requiring Electrical Inspection
The primary alternating current wiring on all signs shall comply with
the National Electrical Code Specification. All secondary transformed power
shall be self-contained within the sign structure. Individual lighted
letters not containing secondary wiring and components are to be mounted on
a common metal channel and all secondary wiring and components shall be
contained within the common metal channel.
Both channel and letters must contain weep holes to drain water, each
hole shall not be larger than one-half (1/2) inch, nor smaller than one-
fourth (1/4) inch. No combustible materials other than approved plastics
shall be used in the construction of any sign containing electrical wiring.
26.7 Issuance of Permit
Providing that the applicant has complied with all provisions of this
Ordinance, and that the proposed sign complies with all provisions of this
Ordinance, the Building Official shall issue the sign permit to the
applicant.
26.8 Not to Issue to Persons Previously Failing to Pay Fees
The Building Official shall not issue a permit under the provisions of
this Ordinance to any person who has previously failed or refused to pay any
fees or costs assessed against him under the provisions of this Ordinance.
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26.9 Investigation Fee: Work Without a Permit
(a) Investigation. Whenever any work for which a permit is required by
this Ordinance has been commenced without first obtaining a permit, a special
investigation shall be made before a permit may be issued for such work.
(b) Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this Ordinance. The payment of such investigation fee shall not exempt any
person from compliance with all other provisions of this Ordinance nor from
any penalty prescribed by law.
26.10 Permit valid Only for One Hundred and Eighty (180) Days
If the work authorized by a permit issued under this Ordinance has not
been commenced within one hundred and eighty (180) days after the date of
issuance, the permit shall become null and void.
26.11 Permit Revocable
The Building Official may suspend or revoke any permit issued under the
provisions of this Ordinance whenever he shall determine that the permit is
issued in error or on the basis of incorrect or false information supplied,
or whenever such permit be issued in violation of any of the provisions of
this Ordinance or any other Ordinance of this City of laws of this State or
the Federal Government. Such suspension or revocation shall be effective
when communicated in writing to the person to whom the permit is upon which
the sign is located. Any signs installed under a revoked permit shall be
removed by the permit holder, sign owner, or property owner within ten (10)
days of written notice of the revocation.
26.12 Inspection
The Building Official may inspect annually, or at such other times as he
deems necessary, each sign regulated by this Ordinance for the purpose of
ascertaining whether the same is secure or insecure, whether it still serves
a useful purpose and whether it is in need of removal or repair.
26.13 Removal of Obsolete Signs
Any sign which the Building Official determines no longer serves a bona
fide use or does not conform to this Ordinance shall be removed by the owner,
agent or person having the beneficial use of the land, buildings or structure
upon which such sign is located within ten (10) days after written
notification to do so from the Building Official.
26.14 Removal or Repair of Dilapidated or Deteriorated Signs
If the Building Official shall determine that any sign exists in a
dilapidated or deteriorated condition, or is a menace to the public, he shall
give written notice to the person or persons responsible for such sign. The
permit holder, owner, agent or person having the beneficial use of the
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premises shall remove or repair the sign within ten (10) days after such
notice. The Building Official may cause any sign which is an immediate peril
to persons or property to be removed summarily and without notice.
26.15 Removal Expenses
Any sign described under Chapter 26, Sections 10, 12 , or 13 shall be
removed by the permittee, sign owner, or property owner within ten ( 10) days
after written notification to do so by the Building Official. Upon failure
to comply with such notice, the Building Official is hereby authorized to
enter upon the property upon which such sign is located, and to cause the
removal of such sign. The owner of the land, building or structure to which
such sign is attached and upon which it is erected and the owner of such sign
and the sign permittee are jointly and severably liable for any expense
incident to removal.
26.16 Appeals
Appeals to the provisions of this Ordinance shall be heard by the Board
of Adjustment as described in the Zoning Ordinance in accordance with the
following: The Board shall consider as criteria for granting a variance such
factors as the type of sign, the location, existence of signs in the general
area, and such other factors as they deem pertinent. No variance shall be
granted by the Board if the same conflicts with the spirit of this ordinance,
which is one of providing public safety, adequate lighting provisions, open
space and air, conservation of land, protection of property values, and
encouraging the highest and best use of the land.
In considering the request for variation to requirements of this
Ordinance, the Board of Adjustment shall consider, but not be limited to, the
degree of variance, the reason for variance requested, the location of the
variance request, the duration of the requested variance, the effect on
public safety, protection of neighborhood property, the degree of hardship or
injustice involved, and the effect of the variance on the general plan of
regulating signs with the City. The decision of the Board of Adjustment
shall be final. A variance from this Ordinance is valid only if a permit is
secured within ninety (90) days from the date of the decision.
When considering an appeal to this Ordinance, members of the Board of
Adjustment shall constitute a quorum. A concurring vote of a majority of
those present shall be necessary to render a decision in favor of the
appellant, or to overrule any interpretation of this Ordinance by the
Building Official.
SPECIFIC LIMITATION PROVISIONS
26.17 Requirements for Wall Signs
(a) Projecting Signs. The horizontal portion of any projecting sign
shall not be more than six (6) feet in length, not to exceed 12
square feet, measured from the building face and shall not be
closer than two (2) feet from the back of the curb line. The
height of the sign shall not exceed two (2) feet. Such signs shall
be an integral part of the architectural design of the building.
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Vertical clearance shall be subject to the requirements of
subsections (d) and (e) of this section.
(b) Marquee Signs. Marquee Signs shall be built as an integral part of
the marquee and shall be constructed of incombustible material.
Such signs shall not exceed forty (40) square feet or the product
of two (2) times the lineal footage of the building or store
frontage for which such sign is intended, whichever is greater.
Such signs shall not have a vertical height of more than six (6)
feet nor exceed seventy-five (75) percent of the width of such
building or store frontage. Marquee signs shall not extend above
the wall to which they are attached. Vertical clearance shall be
subject to the requirements of subsections (d) and (e) of this
section. Marquee signs may be illuminated.
(c) Wall Signs.
(1) Wall signs shall not exceed forty (40) square feet or the
product of two (2) times the lineal footage of the wall area
available to such signs or store frontage for which such signs
are intended, whichever is lesser. Such signs shall not have
a vertical height of more than six (6) feet, nor exceed
seventy-five (75) percent of the width of the available wall
area or store frontage. Vertical clearance shall be subject
to the requirements of subsections (d) of this section. Wall
signs shall not extend above the wall to which they are
attached. Wall signs shall be limited to the following
categories: Advertising, Apartment, Construction, General
Business, Identification, Institution, and Real Estate signs.
(2) In the case where two (2) or more wall signs are installed in
a single wall area, the gross surface area may not exceed two
(2) times the lineal width of the wall area available to such
signs. Such signs shall not be arranged as to have a vertical
height of more than six (6) feet. The combination of the sign
widths, when placed side by side, shall not exceed seventy-
five (75) percent of the width of the wall available to such
signs.
(3) General business wall signs must be located over the business
for which they are intended. Wall signs may be illuminated,
however, illuminated wall signs on rear building facades shall
be prohibited unless facing a non-residential zoning district.
(d) Projection Over Private Property. Projections other than awning or
canopy signs over private property shall be allowed over pedestrian
sidewalks, walkways and corridors, but not to exceed the following:
Vertical Clearance Maximum Projection.
7 feet or less 3 inches
7 or 8 feet 12 inches
8 feet or more 4 feet
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(e) Awning Signs. An awning sign may extend the full length of the
wall of the building to which it is attached and shall be no more
than six (6) feet in height and shall not be placed less than seven
(7) feet above the walking surface below it. Art work or copy on
awning signs shall be limited to a business name and/or logo and
shall not exceed twenty (20) percent of the area of the awning and
shall extend for no more than fifty (50) percent of the length of
the awning.
(f) Canopy Signs. A "canopy sign" may be placed on or be an integral
part of the face of a canopy. The sign may consist of only the
name and/or logo of the business at the location of the canopy and
may be no greater in size than ten (10) percent of the face of the
canopy of which it is a part of or to which it is attached, or a
maximum of twenty-five (25) square feet, whichever is greater. An
illuminated stripe may be incorporated into a canopy. The stripe
may extend along the entire length of the face of the canopy. The
width or thickness of the stripe shall be limited to one-third
(1/3) of the vertical dimension of the face of the canopy. The
internal illumination of a canopy is limited to the portions of the
canopy face on which a sign or stripe is permitted.
(g) Subdivision Wall Signs or Plaques. Subdivision wall signs or
plaques are limited to residential zoning districts and shall not
exceed thirty (30) square feet. Subdivision wall signs or plaques
are limited to two (2) per subdivision entry and may be illuminated
by means of spot-lighting only. Subdivision wall signs or plaques
shall only be attached to an approved masonry screening wall.
Subdivision wall signs or plaques shall only be allowed in the
absence of a free-standing subdivision entry sign.
(h) Window Signs. Window signs are permitted. The total area of all
window signs on an elevation of a building may not exceed twenty-
five (25) percent of the window area of that elevation.
26.18 Requirements for Free-Standing Signs
(a) Advertising Signs. Advertising signs shall be erected in districts
zoned B-1, B-2 and I, and shall not exceed one hundred (100) square
feet. Maximum height of an advertising sign shall be twenty (20)
feet with a required setback of thirty (30) feet from the front and
side property lines. Spacing between signs shall be a minimum of
sixty (60) feet.
(b) Agricultural Signs. Agricultural signs, limited to advertising
produce crops or animals on a farm, may be erected in any
Agricultural (A) zoning district, and shall not exceed fifty (50)
square feet. Maximum height of an agricultural sign shall be
fifteen (15) feet with a required setback of thirty (30) feet from
the front and side property lines. Spacing between signs shall be
a minimum of two hundred (200) feet.
11
(c) Apartment Signs. Apartment signs may be erected in any residential
zoning district, and shall not exceed twenty-five (25) square feet.
Maximum height of an apartment sign shall be ten (10) feet for a
monument sign and twelve (12) feet for a pole sign, with a required
setback of fifteen (15) feet from the front property line.
Apartment signs are limited to one (1) per street front.
(d) General Business Signs.
(1) General Business signs may be erected in non-residential
zoning districts, and shall not exceed ninety (90) square feet
for monument signs and sixty (60) square feet for pole signs.
Maximum height of a general business sign shall be ten (10)
feet for a monument sign and twenty (20) feet for pole signs.
Required setback shall be eight (8) feet from the front
property line and shall be located a minimum of six (6) feet
from adjoining private property lines and a minimum of sixty
(60) feet from any other free-standing sign.
(2) General Business signs shall be constructed of materials that
are not subject to deterioration when exposed to the weather.
Internally illuminated general business signs must be
constructed of incombustible material or approved plastics.
(e) Identification Signs.
(1) An identification sign may be erected in non-residential
zoning districts, and shall not exceed one hundred and fifty
(150) square feet for monument signs and one hundred (100)
square feet for pole signs. Maximum height of an
identification sign shall be ten (10) feet for a monument sign
and twenty (20) feet for pole signs. Required setback shall
be eight (8) feet from the front property line and six (6)
feet from adjoining private property lines, and the sign shall
be located a minimum of sixty (60) feet from any other free-
standing sign.
(2) Identification signs shall be constructed of materials that
are not subject to deterioration when exposed to the weather.
Such signs, when internally illuminated, must be constructed
of incombustible materials or approved plastics.
(f) Institution Signs. Institution signs may be erected in non-
residential and residential zoning districts, and shall not exceed
thirty-two (32) square feet with a maximum height of ten (10) feet,
except that monument type signs in non-residential zoning districts
may be ninety (90) square feet with a maximum height of ten (10)
feet. Required setback shall be fifteen (15) feet from the front
property line and institution signs are limited to one (1) per
street front.
(g) Multi-Purpose Signs
(1) The identification portion of a multi-purpose sign shall not
exceed fifty (50) square feet. The directory portion shall
not exceed seventy (70) square feet and the reader board
portion shall not exceed thirty (30) square feet. Multi-
12
purpose signs may have any combination of directory and reader
board area.
(2) The total area of pole multi-purpose signs shall not exceed
one hundred and fifty (150) square feet. In the case of
monument multi-purpose signs, the maximum overall area shall
be two hundred and twenty-five (225) square feet, however, the
copy area shall be limited to one hundred and fifty (150)
square feet leaving a base area of seventy-five (75) square
feet.
(3) Multi-purpose signs may be erected in non-residential zoning
districts only.
(4) Maximum height shall be ten (10) feet for multi-purpose
monument signs and twenty (20) feet for pole multi-purpose
signs.
(5) Required setback for multi-purpose signs shall be thirty (30)
feet from front and adjoining private property lines. Multi-
purpose signs are limited to one (1) per street front and a
minimum spacing of sixty (60) feet from any other free-
standing sign must be maintained.
(6) Multi-purpose signs shall be constructed of materials not
subject to deterioration when exposed to the weather and when
internally illuminated must be constructed of incombustible
materials or approved plastic.
(h) Municipally Owned Signs. Municipally owned signs may be erected in
any zoning district and, if exceeding one hundred (100) square
feet, shall be reviewed by the Building Official for specific
approval. Municipally owned signs shall not be placed in any sight
visibility triangle and shall be located at least twenty-five (25)
feet from any privately owned parcel of land. Maximum height of
monument styled municipally owned signs shall not exceed ten (10)
feet and pole signs shall not exceed twenty (20) feet in overall
height.
(i) Subdivision Entry Signs. Subdivision entry signs may be erected in
residential zoning districts and shall not exceed thirty two (32)
square feet with a maximum height of two (2) feet, six (6) inches.
Required setback shall be three (3) feet from the front property
line and signs are limited to two (2) per subdivision entryway.
Free-standing subdivision entry signs shall only be allowed in the
absence of subdivision wall signs or plaques.
( j) Projections or Overhangs on Free-standing Signs. Any projecting or
overhanging portion of a free-standing sign must be a minimum of
ten (10) feet above any walkway and fourteen (14) feet above
driveways.
(k) No advertising matter shall be displayed on or attached to any
free-standing sign. No guys, braces, attachments, banners, flags,
balloons, or similar devices shall be attached to any sign.
13
(1) Wheel or Bumper Guard Protection for Free-standing Signs. Free-
standing signs shall be protected by wheel or bumper guards when
required by the Building Official.
26.19 Illumination
(a) A sign in a residential district, where allowed by this Ordinance,
may be illuminated. Any illumination shall be located so as not to
produce intense glare or direct illumination across the bounding
property line. Internal illumination shall not exceed 40 watts per
every twenty-five (25) square feet or any portion thereof of the
sign face.
(b) Only a sign which has illumination that is turned on and off at a
rate equivalent to, or less than twice an hour, excluding time and
temperature, is permitted.
26.20 Temporary Signs
(a) Banners. A temporary banner is allowed and shall be securely
attached to the front or side of a building structure. The total
number of banners per business shall not exceed two (2) per
calendar year, and a banner shall not be displayed for more than
one (1) consecutive thirty (30) day period during the calendar
year. Banners shall be kept in good repair and remain firmly
anchored or secured. Banners are prohibited in single-family
residential districts.
(b) Construction Signs. Construction signs may be erected in non-
residential and residential zoning districts and shall not exceed
thirty-two (32) square feet with a maximum height of fifteen (15)
feet. Required setback shall be twenty (20) feet from front
property line and signs are limited to one per street front. A
construction sign shall be removed prior to the issuance of a
Certificate of Occupancy or in the case of a dwelling prior to the
final building inspection. Construction signs at sales offices in
residential subdivisions may remain until the Certificate of
Occupancy for the office is invalid.
(c) Development Signs. Development signs may be erected in non-
residential and residential zoning districts, and shall not exceed
one hundred (100) square feet. Such signs must be related only to
the property on which they are located. Maximum height of a
development sign shall be twenty (20) feet. Required setback for
a development sign shall be thirty (30) feet or the required
building line if less than thirty (30) feet. Each development may
have one (1) such sign or one (1) for each fifty (50) acres. A
development sign must be removed when the project is ninety (90)
percent complete. In the case of a commercial project, ninety (90)
percent complete means when a Certificate of Compliance is issued
for a shell building. For a residential project, ninety (90)
percent complete means when ninety (90) percent of the subdivision
is permitted.
14
(d) Model Home Signs. Model home signs may be erected in residential
zoning districts and shall not exceed sixteen (16) square feet with
a maximum height of six (6) feet. Required setback shall be fifty
(50) percent of the distance between the front property line and
the building, but no less than ten (10) feet from the front
property line. Model home signs are limited to one (1) per
premise. Each builder in a subdivision may have one (1) model home
sign and the permit for such sign shall be granted for a period of
time to coincide with the validity of the model home's Certificate
of Occupancy,
(e) Political Signs. Political signs are allowed on private property
and shall be prohibited on rights-of-way, or any other public
property. Political signs may be placed no more than one hundred-
twenty (120) days prior to the election for which the sign is
applicable, and no more than fifteen (15) days after the election
has taken place. Political signs placed on property which is zoned
residential may be no greater than thirty-two (32) square feet in
area. Political signs placed within the rights-of-way or upon
public property may be removed and disposed of by City of Wylie
personnel.
(f) Real Estate Signs. Real estate signs may be erected in non-
residential and residential zoning districts and shall not exceed
thirty-two (32) square feet with a maximum height of fifteen (15)
feet. Required setback shall be eight (8) feet from front property
line and signs are limited to one per street front. A real estate
sign shall be removed upon the sale of the property.
(g) Searchlights. Searchlights may be permitted in accordance with any
applicable regulations. A permit for use of an advertising
searchlight may be granted under the following additional
regulations:
(1) A searchlight shall be located a minimum distance of fifty
(50) feet from a public right-of-way and positioned so as to
project all beams at a minimum angle of thirty (30) degrees
from grade level.
(2) The maximum light intensity generated by searchlights on any
premise may not exceed a total of one thousand six hundred
(1,600) million foot candlepower. No more than four (4) beams
of light may be projected from any premise.
(3) All searchlights must be designed and maintained so as to
prevent beam rays of light from being directed at any portion
of the travelled ways or adjoining property, and no light
shall be of such intensity or brilliance to cause glare to or
impair the vision of the driver of any vehicle.
(4) No advertising searchlight may be operated between the hours
of 11:00 p.m. and 7:00 a.m.
(5) No advertising searchlight may be operated on a premise for
more than seven (7) consecutive days. No permit for an
advertising searchlight may be issued for any business entity
15
for which a permit has been issued for a searchlight on the
same premise within the last six (6) months preceding the date
of the permit application.
(h) Promotional Signage
(1) Promotional signage described in subparagraph (2) below is
allowed for two (2) , two week periods each calendar year per
legal business. A two week period will commence on the first
day promotional signage is displayed. The two, two week
periods shall not occur in the same or consecutive months. A
legal business shall include any commercial, industrial, or
institutional use for which the Building Inspection Department
has issued a Certificate of Occupancy. In the case of a
special promotion for a grand opening celebration, one (1)
period may be extended to a three week period provided the
promotion commences within the first three ( 3) months of the
date of issuance of a Certificate of Occupancy and the grand
opening is limited to the address noted on the Certificate of
Occupancy.
(2) Promotional signage may include banners, flags, pennants,
streamers, balloons, inflatable signs, and any legal signs
allowed by these provisions. a searchlight may be used
provided it complies with all other provisions of this
Article. Any device described as promotional signage shall
not exceed an overall height of thirty-five (35) feet.
(3) A separate permit is required for each two week period
promotional signage will be used. If any device described as
promotional signage in subparagraph (2) above is installed
prior to issuance of a permit, an investigative fee will be
assessed in addition to the permit fee.
(4) Promotional signage shall be contained on the property of the
legal business and shall not extend into the City right-of-
way. Signage shall not be located in any sight visibility
triangle nor shall nay combustible materials be placed in
contact with lighted signs or any electrical fixtures.
26.21 General Requirements for Free-Standing Signs
(a) Free-standing signs shall not be placed in any sight visibility
triangle.
(b) All permanent or temporary free-standing signs located or to be
located within the City of Wylie shall conform to the general
provisions set forth in "Table 1, Synopsis of Free-standing Signs".
(c) All signs located in any overlay district shall conform to the
Zoning Ordinance or to this Ordinance, whichever is more
restrictive, except for sign size, in which case the Zoning
Ordinance shall take precedence.
(d) In the case of a multiple-faced sign, the gross surface area of
each face shall not exceed two (2) times the allowable square
footage divided by the number of sign faces.
16
26.22 Wind Pressure and Dead Load Requirements
All signs shall be designed and constructed to withstand a wind pressure
of not less than thirty (30) pounds per square foot of area, and shall be
constructed to receive dead loads as required by the building code of the
City of Wylie.
26.23 Maintenance of Signs
All signs and supports shall be maintained so as not to create a
dilapidated or deteriorated condition.
26.24 Construction Types
Monument and pole construction types may be used for any free-standing
signs. Monument signs are limited to a maximum height of ten (10) feet.
PROHIBITED SIGNS
26.25 Obscene, Indecent and Immoral Materal
It shall be unlawful for any person to display any obscene materal upon
any sign, as defined by Federal, Stateand Local Statutes or Ordinances.
26.26 Obstructing Doors, Windows, or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign to
prevent free ingress to or egress from any door, window or fire escape.
26.27 Attachment of Standpipe or Fire Escape
It shall be unlawful to attach any sign to a standpipe or fire escape.
26.28 Interference with Traffic
It shall be unlawful to erect, relocate or maintain any sign in such a
manner as to obstruct free and clear vision at any location whereby, by
reason of position, size, movement, shape, color, flashing, manner or
intensity of illumination, such sign may interfere with vehicular or
pedestrian traffic. Further, it shall be unlawful to erect or maintain any
sign in such a manner as to interfere with, obstruct the view of or be
confused with, any authorized traffic sign, signal or device. Accordingly,
no sign shall make use of the words, "Stop" , "Go" , "Look" , "Slow" , "Danger",
or any other similar word, phrase, symbol or character or employ any red,
yellow, orange, green or other colored lamp or light in such a manner as to
cause confusion to or otherwise interfere with, vehicular or pedestrian
traffic.
26.29 Mobile or Portable Signs
(a) It shall be unlawful to attach any sign to a trailer, skid, or
similar mobile structure, where the primary use of such structure
is to provide a base for such sign or constitute the sign itself.
17
This provision does not restrict the identification signs on
vehicles used for any bona fide business activity when said vehicle
is legally licensed for use in public streets.
(b) Signs attached to or upon any vehicle shall be prohibited where any
such vehicle is allowed to remain parked in the same location, or
in the same vicinity, at frequent or extended periods of time,
where the intent is apparent to be one of using the vehicle and
signs for purposes of advertising an establishment, service or
product. Vehicles operating under a city franchise shall be
excluded from this provision.
(c) A-frame signs and sandwich board signs are prohibited and unlawful.
26.30 Advertising Matter Placed on or Suspended from Buildings,
Light Fixtures, Poles, Sidewalks, etc.
(a) No person shall place on or suspend from any building, light
fixture, pole, structure, sidewalk, parkway, driveway or parking
area, any goods, wares, merchandise or other advertising object or
structure for the purpose of advertising such items other than a
sign, as defined, regulated and prescribed by this Ordinance,
except as otherwise allowed by Odinance.
(b) Suspending from or placing signs on a light fixture shall be
prohibited.
26.31 Painting, Marking, etc. , Streets, Sidewalks, Utility Poles, etc.
No person shall attach any sign, paper or other material,or paint,
stencil or write any name, number (except house numbers) or otherwise mark on
any sidewalk, curb, gutter, street, utility pole, public building, fence or
structure except as otherwise allowed by Ordinance.
26.32 Attaching Advertising Matter to Fences, Utility Poles, etc.
and Scattering Advertising Matter on Streets and Sidewalks
(a) No person, firm, corporation or association of persons, shall
paste, stick, tack, nail or otherwise place any advertisement,
handbill, placard or printed, pictured or written matter or thing
for political advertising or other advertising purposes upon any
fence, railing, sidewalk or public telephone, electric or other
utility pole, or any other public property, including trees thereon
or to knowingly cause or to permit the same to be done for his
benefit. Signs or other printed or written matter in violation of
this section may be impounded and disposed of by the City.
(b) It shall also be unlawful for any person to scatter or throw any
handbills, circulars, cards, tear sheets or any other advertising
device of any description, along or upon any street or sidewalk in
the City of Wylie.
18
26.33 Signs Prohibited on or Over Public Property
No portion of any sign shall be erected on or over public property, or
in the right-of-way of any thoroughfare within the City, unless the same be
erected by the City, or with the permission of the City, for public purposes.
Any sign in violation of this section may be impounded and disposed of by the
City.
Exception. Signs attached to the face of any building located in the
Downtown District may be erected over the public sidewalk provided the sign
projects no more than the width of the sidewalk minus one (1) foot and
provided the clearance between the bottom of the sign and the sidewalk below
is a minimum of eight (8) feet.
26.34 Certain Signs Prohibited
(a) No sign shall be illuminated to such an intensity or in such a
manner, as to cause a glare or brightness to a degree that it
constitutes a hazard or nuisance. Moving, flashing, intermittently
lighted, changing color, beacons, revolving or similarly
constructed signs shall not be allowed. Alternating electronic
data control components showing time and temperature may be
allowed.
(b) No lighted sign shall be erected within one hundred and fifty (150)
feet of a residential district unless it meets the illumination
criteria listed in subparagraph (c) below.
(c) Internally illuminated signs in residential zoning districts are
limited to no more than one (1) forty (40) watt lamp for each
twenty-five (25) square feet of the sign face or any portion
thereof.
26.35 Balloons, Flags, Pennants and Other Floating Devices
Used for Advertising Purposes
No person shall erect, maintain or permit the erection of, for
advertising purposes, any balloons, flags, pennants or other floating or
inflatable device permantly anchored to the ground or to any other structure
within the City of Wylie except as approved under promotional signage.
26.36 Roof Signs
Roof signs are prohibited and unlawful.
26.37 Billboard signs
Billboard signs are prohibited and unlawful.
26.38 Off Premise Signs
Signs advertising or promoting businesses, offices, retail, commercial,
or any other use permitted by this office, located at a place other than
where the sign is physically located is prohibited.
19
City of Wylie
•
AGENDA COMMUNICATION
SUBMITTED BY: •ng and nni nv (nmmi oc; DIRECTOR: Michael Grhmi rl t
DATE REFERENCE NO. SUBJECT
April 8, 1993 A request for classification of Sexually Oriented
Businesses in Industrial Zoning.
SUMMARY OF SUBJECT:
For the City Council to amend Chapter 12, Section 19. 1, Use Regulations , of the Wylie
Code of Ordinances, amend to add under subtopic "Special Uses":
(9) Sexually Oriented Businesses (S.O.B.) - Industrial Zoning.
To establish a zoning criteria of Sexually Oriented Businesses.
ALTERNATIVES:
1. To approve Chapter 12, Section 19.1 as submitted.
2. To deny the request.
ACTION REQUESTED:
To approve as submitted by the Planning and Zoning Commission, to amend to add under
subtopic "Special Uses", Chapter 12, Section 19.1, Use Regulations, of the Wylie Code
of Ordinaces: (9) Sexually Oriented Businesses (S.O.B) - Industrial Zoning with a
Special Use Permit.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
i
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL CIOVER/UNDER PROJECTIONS BY:
OPERATIONS CI ONE-TIME ❑ $ ,
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
x BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC vipri SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MEMORANDUM
TO: CITY COUNCIL MEMBERS
FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL
DATE: MARCH 11, 1993
SUBJECT: PLANNING AND ZONING MEMBERS APPROVED TO GO BEFORE THE
CITY COUNCIL A REQUEST FOR CLASSIFICATION OF SEXUALLY
ORIENTED BUSINESSES IN INDUSTRIAL ZONING
On March 9, 1993, the City of Wylie City Council passed into
ordinance an amendment adding a definition of Sexually Oriented
Businesses (S.O.B. )
Currently there is not a zoning slot for Sexually Oriented
Businesses by ordinance. It is the staff recommendation that
Sexually Oriented Businesses be regulated to a zoning of Industrial
with a special use permit, which requires a public hearing prior to
issuance.
M E M O R A N D tJ M
TO: CITY COUNCIL MEMBERS ,,`S
FROM: MICHAEL SCHMIDT, BUILDING OFFICIALUI'1"
DATE: APRIL 7 , 1993
SUBJECT: SEXUALLY ORIENTED BUSINESSES (S.O.B. )
A definition of what constitutes a Sexually Oriented Business is
being added to the Ordinance. Current zoning does not speak to
Sexually Oriented Businesses and should be incorporated into
ordinance form.
I recommend that Sexually Oriented Businesses be limited to
Industrial Zoning Areas, requiring a Special Use Permit.
Chapter 12 Section 19.1 - Use Regulations
Amend to add under subtopic "Special Uses" .
(9) Sexually Oriented Businesses (S.O.B. )
City of Wylie
•
AGENDA COMMUNICATION •
SUBMITTED BY: P1 arming and 7aniag Laramission DIRECTOR: Mir awl ScrmiAt
DATE REFERENCE NO. SUBJECT•. .• . . .. -
Amend an Ordinance for Special and Additional Regulation
April 8, 1993 4 Private clubs selling alcoholic beverages.
SUMMARY OF SUBJECT:
For the City Council to amend Chapter 12, Section 24, Special and Additional Regulations, '
to amend to add: Section 24.8 Private Clubs selling Alcoholic Beverages.
Adding this section to the City of Wylie Code of Ordinances will address detai,ls related to
the permitting of private clubs selling alcoholic beverages. ,
, j
ALTERNATIVES:
1. To approve Chapter 12, Section 24, to add Section 24.8 as amended.
2. To deny the request.
ACTION REQUESTED:
To approve and amend to add Section 24.8 to Chapter 12 of the Wylie Code of Ordinances,
Private Clubs selling Alcoholic Beverages as submitted by •the Planning and Zoning
Commission.
•
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A
BUDGETED FISCAL YEAR(S):
ESTIMATED EXPENDITURE:
OVER/UNDER PROJECTIONS BY:
PERSONNEL Cl $•
.
OPERATIONS CI ONE-TIME El •
CAPITAL O RECURRING D OTHER COMMENTS:
•
USER DEPARTMENT COMMENTS: y
i
i
SUPPORTING DOCUMENTS: MINUTES LETTER
x BACKGROUND MEMO ORDINANCE/RESOLUTION OTHER
C.I.P. _ WYLIE CODE OTHER
BUDGET _ BID TAB/SPECS _ OTHER
MAP, PLAN, SKETCH LEGAL
MINUTES
PEVIEWED BY: DIRECTOR OF PARKS/REC. - CITY SECRETARY
x CITY MANAGER LIBRARY DIRECTOR
DIR.OF PLANNING/ENG. -
DIRECTOR OF FINANCE CITY ATTORNEY , PUBLIC WORKS SUPR.
POLICE CHIEF ' DIRECTOR OF PUBLIC x M M'iM O -
FIRE CHIEF • • WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
•
CITY MANAGER ,r
. ; •
MEMORANDUM
TO: CITY COUNCIL MEMBERS y��
FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL
DATE: MARCH 11, 1993
SUBJECT: PLANNING AND ZONING MEMBERS APPROVED AMENDED ORDINANCE TO
GO BEFORE CITY COUNCIL: PRIVATE CLUBS SELLING ALCOHOLIC
BEVERAGES
Our current ordinances do not address details related to the
permitting of private clubs selling alcoholic beverages.
When Wylie experiences growth in the future it usually comes in
this order:
1. Single family homes.
2. Fast food chain restaurants (i.e. Taco Bell)
3 . Shopping centers (i.e. Wal Mart, etc. )
4. Apartments
5. Restaurant / Bar combinations (i.e. Chile's, Red Lobster,
etc. )
Currently we say that 75% of gross revenue may be gotten by alcohol
sales. This would allow a bar with a grill area. What we want is
a restaurant with a bar. By adding an ordinance and also changing
the existing definition, we will be ready to permit what we
actually want.
CHAPTER 12 PLANNING AND ZONING
SECTION 24 SPECIAL AND ADDITIONAL REGULATIONS
AMEND TO ADD: SECTION 24.8 PRIVATE CLUBS SELLING ALCOHOLIC
BEVERAGES
12. 24.8.1 Private clubs selling alcoholic beverages.
The following conditions shall apply to the issuance of any
specific use permits for a Private Club selling alcoholic
beverages as authorized by the City of Wylie City Council.
a. Club must be located within the authorized zoning areas
as listed in Sections 16, 17, 18, and 19 of Chapter 12 of
the City of Wylie Code of Ordinances.
b. There shall be no exterior entrance to the bar area
except emergency fire exists as required.
c. There shall be no exterior signs advertising the sale of
alcoholic beverages, provided this does not prohibit
using established trademark names. (i.e. Steak and
Ale) .
d. Revenues from the sale of alcoholic beverages shall not
exceed 40% of the gross revenue derived from the sales of
food and beverages. The city shall be furnished
quarterly with copies of the reports submitted by the
establishment to the Texas Comptroller of Public
Accounts and the Texas Alcohol Beverage Commission to
determine that sales of alcohol does not exceed the
minimum allowed.
The total sales as reported in two consecutive quarters
shall be averaged to determine percentage of sales of
alcoholic beverages.
e. No gaming devises, such as billiard tables, pinball
machines and other coin operated game machines shall be
permitted inside the private club.
Exception: Organization as defined in section 32. 24 .C.
shall be exempt from this provision.
2. That violation of any of the listed conditions in Section 1
shall be grounds for the revocation of the Permit and
Certificate of Occupancy without notice and any person so
violating same shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine of not to exceed two
thousand dollars ($2,000.00) for each offence and a separate
offense shall be deemed committed each day a violation
exists.
CHAPTER 12, SECTION 32.24 (B) - CLUB, PRIVATE / SERVING ALCOHOLIC
BEVERAGES
Amend to read:
A restaurant serving alcoholic beverages which derives no more than
40% of it's gross revenue from the on premise sale of alcoholic
beverages.
CHAPTER 12, SECTION 32 .24 (C) - CLUB, PRIVATE (NON PROFIT)
SERVING ALCOHOLIC BEVERAGES
Amend to add:
A fraternal organization (i.e. Elk's Club, V.F.W. , etc. ) that
limits membership and sells alcoholic beverages to members only and
is a registered non-profit organization.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Planning & Zoning Comm on DIRECTOR: Michael Schmidt
DATE REFERENCE NO. SUBJECT„
April 8, 1993 6 Amend the Outside Storage Ordinance.
SUMMARY OF SUBJECT:
For the City Council to amend Chapter 12, Section 24.6, Open/Outside Storage of the Wylie
Code of Ordinances as submitted by the Planning and Zoning Commission.
To make provisions for storage of goods and products as well as regulate displa,/ of
outside storage.
1
ALTERNATIVES:
1. To Approve Chapter 12, Section 24.6 as amended.
2. To deny the request.
1
ACTION REQUESTED:
To approve the amended Wylie Code of Ordinance , Chapter 12, Section 24.6, Open/Outside
storage as submitted by the Planning and Zoning Commission.
•
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL CIOVER/UNDER PROJECTIONS BY:
S________—_—___J
OPERATIONS CI ONE-TIMECI '
CAPITAL D RECURRING O OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS: LETTER
___ MINUTES OTHER
x BACKGROUND MEMO ORDINANCE/RESOLUTION
C.I.P. OTHER
OTHER
BUDGET WYLIE CODE BID TAB/SPECS
MAP. PLAN, SKETCH _ LEGAL
MINUTES
•
REVIEWED BY: _ CITY SECRETARY
•
DIRECTOR OF PARKS/REC. LIBRARY DIRECTOR
_�__ CITY DIRECTOR OF _ DIR. OF PLANNING/ENG.OF FINANCE _ CITY ATTORNEY •PUBLIC WOFKB R'
POLICE CHIEF DIRECTOR OF PUBLIC x NG
FIRE CHIEF • - OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER : .
E M O R A N D U M
TO: CITY COUNCIL MEMBERS
FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL
DATE: MARCH 31, 1993
SUBJECT: APPROVED BY PLANNING AND ZONING TO GO TO CITY COUNCIL TO
AMEND THE OUTSIDE STORAGE ORDINANCE
I have proposed an ordinance that will regulate outside storage of
goods, materials and displaying goods for sale outside of a
building.
Passage of this ordinance will allow the City to clean up the
unsightly placement of such things as used furniture, flea market
type uses.
The ultimate goal is to make Wylie a more attractive market for
new businesses.
Chapter 12, Section 24.6. 3 Open Storage of Merchandise Not For Sale
Open storage of materials or equipment not for sale or lease as
permitted by this ordinance shall:
1. Be located behind the required building line;
2 . Observe all setback requirements;
3 . Be on an all weather surface;
4 . Be screened from view from any street and or parking area of
adjoining development in accordance with Section 24.6
screening.
Chapter 12 , Section 24.6.4 Screening Required
Except where permitted under this ordinance all open storage except
as noted shall be screened from the public view. Screening walls
shall be a minimum of six (6) feet in height and shall be of
masonry construction.
1 . Alternate screening construction as follows may be allowed
with prior approval of the Building Official.
(a) Alternate method:
Screens may be constructed in chain link or wrought iron
in combination with a live landscape screen.
(b) Alternate method:
A six (6) foot solid landscape screen without a fence or
wall may be used when the plants used shall create a
solid living screen six (6) feet in height within two (2)
years of their installation.
2. The Board of Adjustments may waive this requirement if no
public purpose would be served by the construction of required
screening due to such factors as natural features or
topography that sufficiently serve the purpose of screening.
3 . The above standards shall not apply to a nursery when it is
the primary use on the site.
4. Nothing in this section shall be deemed to prohibit temporary
open storage of merchandise for display and sale during a
sidewalk sale.
ORDINANCE PROPOSAL
SECTION 12-24.6 OPEN STORAGE
12-24 .6.1 Open storage prohibited in residential districts.
No open storage of commodities, materials, junk, or equipment for
sale or display shall be permitted in any residential district
except as provided for in Chapter 4, Section 7.00, garage and yard
sales.
12-24.6.2 Open Storage as an Accessory Use.
1 . Open storage of commodities and materials offered for sale
shall be permitted as an accessory use in the Retail, Business
- 1, Business - 2, and Industrial districts provided that
such open storage shall:
(a) Be located behind the required building line;
(b) Observe all setback requirements;
(c) Have a maximum height not to exceed one half of the
height of the main structure;
(d) Not exceed 20% coverage of the lot area which lies behind
the building line;
(e) Be on an all weather surface.
2. Storage of all consumer goods in any Retail and Business
Districts (firewood, mulch, top soil, soft drinks, etc. ) shall
be enclosed within the building structure or a screen, except
when the goods to be displayed do not exceed:
(a) Four (4) feet in height when in front or adjacent to the
building not to exceed the height of the window sill;
(b) Three (3) feet in height when within the pump island and
not to block the drivers visibility;
(c) Three ( 3) feet in depth and sixteen (16) feet in length.
3 . The open storage of trucks, cars, or trailers for lease or
rent in any district shall comply with the following:
(a) Rental vehicles shall not be parked in the required
parking stalls or between the building face and the
street right of way;
(b) That portion of the site that is devoted to the storage
of lease or rent vehicles shall not exceed ten (10)
percent of the site area;
(c) Shall be screened in accordance with Section 24.6.4.
4. The above standards shall not apply to new or used automobile
dealer facilities which have outdoor display of vehicles for
sale. Such display of vehicles shall be permitted as an
accessory use to a dealer facility which shall be approved as
part of the overall approval of a site plan for an automobile
dealer facility.
City of Wylie
•
AGENDA COMMUNICATION
SUBMITTED BY: Planning and Zoning Commission DIRECTOR:1 1 rhaa1 cchu+J dt
DATE REFERENCE NO. SUBJECT
April 8, 1993 Requirements for Masonry wall standards.
4!
SUMMARY OF SUBJECT:
For the City Council to amend Chapter 12, to add Section 24.7, to the Wylie Code
of Ordinances, Minimum Structure Exterior Wall Standards.
To provide an aesthetic continuity on construction type.
ALTERNATIVES:
1. To Approve Chapter 12, to add Section 24.7.
2. To deny the request.
ACTION REQUESTED:
To approve to amend Chapter 12, to add Section 24.7, Minimum Structure Exterior Wall
Standards, to the Wylie Code of Ordinances as submitted by the Planning and Zoning •
Commission.
•
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $ '
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
X BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET
WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL •
REVIEWED BY:
x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBUC x BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
M E M O R A k4 D iT M
TO: CITY COUNCIL MEMBERS
FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL
DATE: APRIL 6, 1993
SUBJECT: PLANNING AND ZONING APPROVED FOR CITY COUNCIL
REQUIREMENTS FOR MASONRY EXTERIOR WALL STANDARDS
In keeping with the masonry requirements common to Metroplex area
cities, I have drafted the enclosed ordinance to amend our current
Zoning Ordinance to add this section. When I caused the 1991
Uniform Building Code (UBC) to be adopted, I did not put masonry
amendment in it.
I believe that this draft meets or exceeds the previous UBC
amendment and will allow the City to maintain the type of image it
wants to have, which would require brick under most circumstances.
There is one significant difference and that is Item D. This
allows a frame structure neighborhood to continue as frame, without
new houses or reconstructs after fire damage having to be brick.
Item C requires houses in districts other than residential to be
built to these standards.
1.
AMEND CHAPTER 12 TO ADD SECTION 24-7
MINIMUM STRUCTURE EXTERIOR WALL STANDARDS
12-24.7
The exterior wall standards for construction in the various
districts shall be in accordance with the following standards:
12-24.7.1 Exterior Wall Standards, Residential
A. Exterior wall construction for structures of two stories of
less shall consist of a minimum of 75% masonry or masonry veneer.
Masonry and masonry veneer shall be defined as brick, stone,
decorative concrete block or as otherwise approved by the Building
Official.
The construction standards applies only to the first floor of a
building in the following districts:
A
SF-1
SF-2
SF-3
MF
2F
SF-A
12-24 .7. 1
B. No single wall face of any residence shall contain less than
50% of it's exposed surface of masonry construction as herein
specified.
C. Exterior walls construction for all residential uses in
districts where permitted other than those listed above shall meet
the requirements of this section.
D. Where more than 60% of existing number of residential
structure along both sides of a street and lying between the two
nearest intersecting streets do not meet the above minimum
standards, the Building Official may allow new construction to be
equal to that majority existing, but in no case less than required
by the Uniform Building Code.
12-24.7.2 Non Residential Exterior Wall Standards
A. Minimum exterior wall standards for non residential structures
shall be of at least 75% brick, stone brick veneer, custom treated
tilt wall, decorative concrete block, glass. These standards shall
apply to any wall or portion of wall fronting, siding or backing
upon a thoroughfare, and on all walls facing or abutting
residential zoned districts.
B. This construction standards shall apply to the following
districts:
R
B-1
B-2
I
C. The minimum exterior wall standards for Planned Development
and Specific Use Permit shall be of exterior fire resistant
construction as s pacified by the amending ordinance.
12-24.7. 3 . Exterior fire resistant construction as herein
specified for residential structures shall consist of the
designated percentage of the total exterior wall surface exclusive
of windows and doors.
City of Wylie
AGENDA COMMUNICATION •
SU9MITTED 9Y: Planning and Zoning Cnmm ion DIRECTOR: Michael Schmidt
DATE REFERENCE NO. SUBJECT. -•
April 8, 1993 Changes and Amendments to all zoning Ordinances and
Districts and Administrative Procedures.
SUMMARY OF SUBJECT:
To amend an Orinance, Chapter 12, Section 34 of the Wylie Code of Ordinaces
for Changes and amendments to all zoning ordinances and districts and
administrative procedures. Properties requesting to be rezoned shall be,
platted prior to submittal to the Planning and Zoning Commission for it's'
consideration.
+ I
1
ALTERNATIVES:
1. To approve Chapter 12, Section 34 as amended.
2. To deny the request. i
1
t
ACTION REQUESTED:
To approve the amended City of Wylie Code of Ordinace, Chapter 12, Section 34
for all properties requestng to be rezoned to be platted in accordance with
the provisions of Chapter 9 of the Code of Ordinances 'prior to submittal to
the Planning and Zoning Commission for it's consideration as submitted.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N A '
BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE:
s
OVER/UNDER PROJECTIONS BY:
PERSONNEL •Cl s
LIONS C) ONE-TIME d COMMENTS:
OPERA OTHER
0 RECURRING
CAPITAL ,
USER DEPARTMENT COMMENTS:
I
LETTER
SUPPORTING DOCUMENTS: MINUTES OTHER
__xr BACKGROUND MEMO — _ _ORDINANCE/RESOLUTION OTHER
C I.P. 1NYLIE CODE __._--- OTHER
BUDGET BID TAB/SPECS MAP. PLAN, SKETCH LEGAL
MINUTES
PARKS/REC. CITY SECRETARY
REVIEWED BY: _ DIRECTOR OF LIBRARY DIRECTOR
_� CITY MANAGER — DIR.OF pLANNING/ENG• LIPUBRARY
C WORKS SUPR.
POLICE CHIEF OF FINANCE CITY ATTORNEY �_ BUILDING SIJ-
_ POLICE _ DIRECTOR OF PUBLIC
FIRE CHIEF • ' WORKS
•
APP
ROVED FOR SUBMISSION TO CITY COUNCL
CITY MANAGER ., •
ICI E M C) R A N D U M
TO: City Council Members
FROM: Michael Schmidt, Building Official
DATE: April 8, 1993
SUBJECT: Properties Requesting to be Rezoned
Planning and Zoning Members approved an amendment to go before
Council, to Chapter 12 , Section 34 , which states that all property
requesting to be rezoned shall be platted in accordance with the
provisions of Chapter 9 of this code of Ordinances prior to
submittal to the Planning and Zoning Commission for it's
consideration.
CHAPTER 12, SECTION 34 - CHANGES AND AMENDMENTS TO ALL ZONING
ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES
All property requesting to be rezoned shall be platted in
accordance with the provisions of Chapter 9 of this Code of
Ordinances prior to submittal to the Planning and Zoning
Commission for it's consideration.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: I FGAI DFPARTMFNT DIRECTOR: STFVEN P . DFTTFR
DATE REFERENCE NO. SUBJECT
4-9-93 4MENDMENT OF SPEED LIMIT ON E BROWN AND N BALLARD
SUMMARY OF SUBJECT:
CHIEF HIGHTOWER HAS RECEIVED COMPLAINTS FROM RESIDENTS ON N PALLART THAT
THE CURRENT SPEED LIMIT OF 40 MPH IS TOO HIGH ESPECIALLY AS IT NEARS THE
INTERSECTION WITH BROWN STREET .
THE CONDITIONS OF THE ROAD ON E BROWN STREET IS SUCH THAT IT CAN SAFELY
ACCOMODATE SPEEDS GREATER THAN THE EXISTING 30 MPH .
THE PROPOSED ORDINANCE CHANGES THE SPEED LIMIT TO 35 MPH ON N BALLARD FROM
BROWN TO THE RAILROAD TRACKS AND ON E BROWN FROM BALLARD TO HWY 78 .
ALTERNATIVES:
A) PASS ORDINANCE AS PRESENTED ADOPTING SPEEDLIMITS AT 35 MPH
B) PASS ORDINANCE ESTABLISHING SUCH OTHER SPEED LIMITS AS DEEMED
APPROPRIATE
C) DECLINE TO ALTER EXISTING SPEED LIMITS
ACTION REQUESTED:
PASSAGE OF ORDINANCE REDUCING SPEED LIMIT ON N BALLARD FROM 40 TO 35 MPH
AND INCREASING SPEED LIMIT ON E BROWN FROM 30 TO 35 MPH
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
NSA
N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING 0
OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. xx ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
XX. CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE _ DIR.OF PLANNING/ENG. LIBRARY DMECTOR
POLICE CHIEF x X CITY ATTORNEY
PUS WORKS BISPR.
FIRE CHIEF . •
DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deiter
SUBJECT: Speed Limits on Portions f N. Ballard and E. Brown
DATE: April 8, 1993
Chief Hightower has received several complaints regarding the speed limit on North
Ballard Street being to high. As it currently stands the speed limit is 40 mph clear down to the
stop sign at Brown Street. The Chief and the City Manager have suggested that the speed limit
be reduced to 35 mph from the rail road tracks in to Brown Street (or conversely from Brown
Street out to the rail road tracks).
The Chief has also suggested, in agreement with the City Manager, that the existing speed
limit on East Brown Street between Ballard and SH 78 be increased to 35 mph. The increase
is due to the fact that the street, since it has been improved is very sooth and wide and the
concentration of residences is not great. The traffic has a tendency to exceed the current 30 mph
limit in this area.
An ordinance which accomplishes both of these changes is forwarded herewith for your
consideration. If the same appears to be in order it may be adopted at the April 13, 1993
Council meeting. If there are any problems or objections to the ordinance or changes please let
me know.
Thank you in advance for you consideration and attention in this matter
cc: Steve Norwood
Harvey Hightower
Jack Jones
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER
DATE REFERENCE NO. SUBJECT
4-9-93 q HAZARDOUS MATERIALS CLEAN UP - REPAYMENT OF COSTS
SUMMARY OF SUBJECT:
THE CIYY ' S CURRENT ORDINANCES ARE NOT VERY SPECIFIC AS TO WHAT COSTS MAY
BE RECOVERED BY THE FIRE DEPARTMENT WHEN IT IS INVOLVED IN CLEAN UP OF
HAZARDOUS MATERIALS .
THE PROPOSED ORDINANCE SPECIFIES IN DETAIL WHAT INSTANCES AND WHAT COSTS
MAY BE RECOVERED BY THE CITY IN THE EVENT OF A HAZARDOUS MATERIAL CLEAN UP.
THE ACTUAL CHANGE IS TO THE UNIFORM FIRE CODE WHICH THE CITY ALREADY HAS IN
FORCE
ALTERNATIVES:
A) ADOPT ORDINANCE AS PRESENTED
B) ADOPT ORDINANCE WITH SUCH CHANGES AS DEEMED APPROPRIATE
C) DECLINE TO TAKE ANY ACTION IN RELATION TO HAZARDOUS MATERIAL CLEAN
UP
ACTION REQUESTED:
ALTERNATIVE A) PASSAGE OF ORDINANCE AMENDING THE UNIFORM FIRE CODE TO
ALLOW CITY TO RECOUP ITS COSTS IN RELATION TO CLEAN UP OF HAZARDOUS MATE_RIAL
SPILLS
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS 0 ONE-TIME 0 $
CAPITAL 0 RECURRING 0
OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS: 1
xx BACKGROUND MEMO MINUTES LETTER
C.I.P. XX ORDINANCE/RESOLUTION OTHER
BUDGET ___ WYUE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
xx CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE ____ DIR. OF PLANNING/ENG. UBRARY DIRECTOR
POUCE CHIEF - CITY ATTORNEY ' '
RELIC�4t1PR.
XX FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
t_-57
CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deiter
SUBJECT: Hazardous Materials C -an Up Costs
DATE: April 8, 1993
The Fire Chief has had some concern over the City's ability to recoup its costs when it
participates in the clean up of a hazardous materials spill. At this time the only provisions
allowing recoupment are those set forth in Section 80.105 of the Uniform Fire Code (see
attached) which the City has in effect.
The Chief did some research and found an ordinance from Modesto, California which
detailed and enlarged the City's right to receive payment for its services rendered in hazardous
materials clean up.
With the assistance of the Chief I have taken applicable portions of the Modesto ordinance
and prepared an ordinance which "beefs up" the City's right to recoup costs incurred in such
instances.
A copy of the ordinance is forwarded herewith for your review and consideration and
eventual adoption.
Should you have any questions on this matter please do not hesitate to contact Chief
Lynch or myself.
cc: Steve Norwood
Jim Lynch
1991 UNIFORM FIRE CODE 80.104-80.108
EXCEPTIONS: 1. Pesticide products and materials intended for use in weed
abatement,erosion control,soil amendment or similar applications when applied in
accordance with the manufacturer's instructions,label directions and in accordance
with nationally recognized standards.
2.Materials released in accordance with federal,state or local governing regula-
tions or permits of the jurisdictional Air Quality Management Board with a National
Pollutant Discharge Elimination System Permit,with waste discharge requirements
established by the jurisdictional Water Quality Control Board or with local sewer
pretreatment requirements for publicly owned treatment works.
Unauthorized Discharges
Sec.80.105.(a)Records.Accurate records shall be kept by the permittee of the
unauthorized discharge of hazardous materials.
(b) Notification.The chief shall be notified immediately when an unautho-
rized discharge becomes reportable under state,federal or local regulations.
(c) Preparation.Provisions shall be made for controlling and mitigating unau-
thorized discharges.
(d) Control.When an unauthorized discharge due to primary container failure
is discovered,the involved primary container shall be repaired or removed from
service.
(e) Responsibility for Cleanup.The person,firm or corporation responsible
for an unauthorized discharge shall institute and complete all actions necessary to
remedy the effects of such unauthorized discharge,whether sudden or gradual,at
no cost to the jurisdiction.When deemed necessary by the chief,cleanup may be
initiated by the fire department or by an authorized individual or firm.Costs asso-
ciated with such cleanup shall be borne by the owner,operator or other person re-
sponsible for the unauthorized discharge.
Material Safety Data Sheets
Sec.80.106.Material safety data sheets(MSDS)shall be readily available on
the premises for hazardous materials regulated by this article.
Identification Signs
Sec.80.107.Visible hazard identification signs as specified in U.F.C.Standard
No.79-3 shall be placed at entrances to locations where hazardous materials are
stored,dispensed,used or handled in quantities requiring a permit.Signs shall be
provided at specific entrances designated by the chief.
EXCEPTION: The chief may waive this requirement in special cases when
consistent with safety if the owner or operator has submitted a hazardous materials
management plan and hazardous materials inventory statement.See Appendix II-E.
Individual containers,cartons or packages shall be conspicuously marked or
labeled in accordance with nationally recognized standards. See also Section
80.301 (d).
Construction Requirements
Sec.80.108.(a)General.Buildings,or portions thereof,in which hazardous
materials are stored,handled or used shall be constructed in accordance with the
Building Code.
363
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Code Enforcement DIRECTOR: Michael Schmidt
DATE REFERENCE NO. SUBJECT
03/22/93 10 Approve agreement with Collin County Community Supervision,
and Corrections Department
SUMMARY OF SUBJECT:
The City would be able to utilize a work force to accomplish a lot of work with a small
expenditure. The Collin County Community Supervision and Corrections Department has adults
who need to perform community service work as part of their probation. Our Code Enforcement
Officer has worked successfully with this group in the past and wishes to utilize this
resource for Wylie.
Collin County provides supervision for work targeted by Code Enforcement. Projects may
include mowing, cleaning, tree trimming, trash removal and hauling, and painting for clean-up
and/or beautification. The owners may be unable (example, physically impaired or elderly)
1 or unwilling to bring into compliance with City Codes. i
This offers an additional alternative to remedying property problems.
ALTERNATIVES:
1 - Approve contract with Collin County Community Supervision and Corrections Department.
2 - Deny contract and allow due process. This is not always the most viable alternative.
3 - Deny contract and contract work under limited budget restrictions.
4 - Allow property to remain "as is."
1
-
ACTION REQUESTED:
Approve contract allowing City Manager to sign.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
Mowing Budget
BUDGETED FISCAL YEAR(s): . . '
92 - 93 ESTIMATED EXPENDITURE:
$ 400
OVER/UNDER PROJECTIONS BY:
PERSONNEL d
OPERATIONS El ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ® OTHER COMMENTS:
Expenditures for soft drinks, equipment
USER DEPARTMENT COMMENTS: rental, and dump fees. ,
SUPPORTING DOCUMENTS: XXX LETTER
xxxx BACKGROUND MEMO MINUTES
ORDINANCE/RESOLUTION xxx OTHER Agreement
C.I.P. XXX OTHER Application
BUDGET WYLIE CODE
MAP, PLAN, SKETCH
BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
SECRETARY
CITY MANAGER DIRECTOR OF PARKS/REC. __ CITY .
DIRECTOR OF FINANCE _ DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
CITY ATTORNEY PUBLIC WORKS SUPR.
POLICE CHIEF FIRE CHIEF . • DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
792TQ ___—_
C A ER
City of Wylie
AGENDA COMMUNICATION
Prudence Kling Brady Snellgrove
SUBMITTED BY: DIRECTOR:
DATE REFERENCE NO. SUBJECT
03/17/93 11 Tax Refund-Overpayment of Taxes
SUMMARY OF SUBJECT:
The City received a check from Stewart Title Company to pay taxes on 28 accounts for the 1989 year.
The check was for$6,965.38 for the full amount of base taxes, penalties and interest;however, FDIC
had already paided the base amounts due on these accounts. All that was actually owed was just the
penalties and interest. Therefore, the City owes Stewart Title Company$5,346.54 for the over-payment
on these properties. Section 31.11 of the State Property Tax Code requires refunds in excess of$500.00
to be approved by the governing body. Please see attached documentation.
ALTERNATIVES:
1)Refund the overpayment.
2) Table the request
3)Ask staff for additional research into this item.
ACTION REQUESTED:
Refund overpayment of$5,346.54 to the Stewart Title Company.
*=� 00
CITY OF, VCTYLIE
2000 HWY 78 N - P.O. BOX 428
WYLIE, TEXAS 75098
214-442-2236
DATE: February 24 , 1993
TO: Prudence Kling , Tax Collector Assessor
Brady Snellgrove , Finance Director
FROM: Anita Collins a c
RE: Refund of Overpayment. of Taxes
Please place the attached refund for Stewart Title North Texas ,
Inc . in the amount of $5 ,346 .54 on the next agenda .
Stewart Title submitted a check for $6 ,965 .38 for taxes on
property for which they were closing . The FDIC had already paid
the base amount on these accounts . Per David Berman at Nichols ,
Jackson , Kirk and Dillard , penalty , interest and collection fees
are frozen as of the date the base is paid .
There are no taxes due on any of these properties at this time .
Section 31 .11 of the State Property Tax Code requires refunds in
excess of $500 .00 to be approved by the governing body .
Y p
•
•
�w x
nas CMtc •v010 ui t.W
►Rcsa+rIo.owPA.r[rr..
.M1�&ArR*WHIN SO DAY* STEwART TITLE NORTH TEXAS, INC. - � +1`-
inter a..t.K,�a UNIT 301 ESCROW ACCOUNTS ( 0 9 35
3115 WEST PARKER. SUITE 250 01-0 003T9 .,
PLANO. TEXAS 75023
(214) 596-4011
•
PAY Six thousand nine hundred sixty five and 38/100 dollars
G.F.NO. OAT[
TO THE CITY OF WYLIE TAX ASSESSOR C90500148 I 0 ' 9/93 **6, ' 5.38
ORDER OF"
FIRST INTERSTATE BANK OF TEXAS, N A.
CENTRAL OFFICE 7104till
HOUSTON, TX 77253-3326
SPANISH PEARS RANCH
N' 30 1 309 3 Su' 1: 1 i 30010641: PO 7000 3880"
/ � � .
.71
G t �
_i
y•l
City of Wylie
AGENDA COMMUNICATION
•
SUbMIT?Eb HY: Code Enforcement
DIRECTOR: Michael Schmidt
•
DATE REFERENCE NO.
03/22/93 _ Appointment of Health Officer
SUMMARY OF SUBJECT:
The City of Wylie needs to have a Health Officer, a licensed physician, in the event there
is a need to consult for direction on communicable diseases and also in the event there is
a need to quaranteen. State law in some instances requires the signature of a licensed
physician. We are responsible for approximately 40 food service establishments in Wylie.
Although we could rely on county staff, the fact that Wylie is in three counties can
complicate matters. Our department feels Wylie should have our own referral source. fI
This is a reappointment.
AITERNA/1VES:
1 - Approve appointment of Dr. Ted Trimble as City of Wylie Health Officer.
2 - Deny request and utilize County Health Department's staff.
3 - Deny request and utilize City staff.
• •
•
i
ACTION REOUESTED:
Two-year appointment of Dr. Ted Trimble, Texas License C2008, as the consulting
Health Officer.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
Code Enforcement Printing Budget
See Comments
•
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE: .
$
OVER/UNDER PROJECTIONS BY:
PERSONNEL CI $
OPERATIONS CI ONE-TIME d ,
CAPITAL CI RECURRING L OTHER COMMENTS:
USER DEPARTMENT COMMENTS: Emergency use only. ,
Emergency use only.
•
i
SUPPORTING DOCUMENTS: MINUTES LETTER
xxx C.I.P.BACKGROUND MEMO _ ORDINANCE/RESOLUTION _ OTHER
B JD WYLIE CODE OTHER
BUDGET BID TAB/SPECS — OTHER
MAP, PLAN, SKETCH XXX LEGAL Vernon's Ann. Civil Statutes 121.001 - 121.025
MINUTES
' REVIEWED BY: CITY SECREtARY
DIRECTOR OF PARKS/REC. — i
CITY MANAGER LIBRARY DIRECTOR
bIR. OF PLANNING/ENG. —
DIRECTOR OF FINANCE CITY ATTORNEY PUBLIC WORKS SUPR.
POLICE CHIEF FIR BUILDING OFFICIALE CHIEF • • DIRECTOR OF PUBLIC —
WORKS
i
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER .
i
MEMORANDUM
TO : Steve Norwood
City Manager
THROUGH : Michael Schmidt I
Building Offici
FROM: Lynne Sharp
Code Enforcement ' cer
SUBJECT : Health Officer
The City of Wylie needs to have a Health Officer , which must be a
licensed medical doctor . The number of day cares and food service
establishments in Wylie warrants having a doctor who can offer expert
advise and possibly quarantine orders . Hopefully , these services will
never be needed , but should be in place in the event we have an
outbreak of a contagious disease .
Could you assist us in procuring a local doctor to volunteer their
services?
cc : Paul Beaver
//(J `
City Engineer
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MEMORANDUM
TO : Steve Norwood
City Manager
THROUGH : Michael Schmidt
Building Offici�liILCJ
FROM : Lynne Sharp
Code Enforcement . cer
SUBJECT : Health Officer
The City of Wylie needs to have a Health Officer , which must be a
licensed medical. doctor . The number of day cares and food service
establishments in Wylie warrants having a doctor who can offer expert
advise and possibly quarantine orders . Hopefully . these services will
never be needed , but should he in place in the event we have an
outbreak of a contagious disease .
Could you assist us in procuring a local doctor to volunteer their
services?
)j.°
r
cc : Paul Beaver
City Engineer
'
F
3
i
y:
i i §:121:OOPS HEALTH AND SAFETYi-CODE i n. . TH' -,
jj 'li Title 2: i r, "121
` • Historical and Statutory Notes : 121.005.
Prior Law: ., 1.... *.
Acts 1983, 68th Leg., p. 798, ch. 190, § 1 "- j .1 •.1 `'.7 S s ti (a) A local 1
Vernon's Ann.Civ.St. art. 4436b, § 1.01. F r:;2 '' 1' . . __ ; ay become
1 .._ _ .-. .._.' :..,i__--. •_• . - ormation at
I ' § 121.002. Definition 1 (b) To be al
department, of
In this chapter, "physician' means a person licensed to practice medicine by information re
" '' the Texas State Board of Medical Examiners.
Il, , . (1) service
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. t` (2) staffin
. Historical and Statutory Notes (3) fundin
l ) '(c) The, .dep;
e 1 Prior Law: .
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. department, o
'! ; Vernon's Ann.Civ.St. art. 4436b, § 1.03(8). services.
(d) The boa]
1 ij § 121.003. Powers of Municipalities and Counties Acts 1989, 71st 1
(a) The governing body of a municipality or the commissioners•court of a
j;;. : county may enforce any law that is reasonably necessary to protect the public Prior taw:
`,` health. Acts 1983, 68th
.!j Acts 1985, 69th
t, (b) The governing bodies of municipalities and the commissioners courts of
,',1 counties may cooperate with one another in making necessary improvements § 121.006.
and providing services to promote the public health in accordance with The
s 1 Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes). (a) The gove
i county, or the
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ordinances or
f Historical and Statutory Notes ': (b) A munic
health services
Prior Law: Vernon's Ann.CivSt. art. 4436b, §§ 2.01;
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 2.02. municipality, c
1! or waiver of a• in part.
Acts 1985, 69th Leg., ch. 539, § 2.
§ 121.004. Local Health Units (c) The Uni;
4413(32g), Ver
A local health unit is a division of municipal or county government that `. Act control, if
provides public health services but does not provide each service required of a public health c
local health department under Section 121.032(a) or of a public health district services.
under Section 121.043(a). s (d) In this s&
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. 1 (1) person
(2) infecti,
;,
Historical and Statutory Notes l ;
(3) enviro:
1 j . Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 1.03(14);
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 4.09(a), (c). (4) public
1 ! : Acts 1985, 69th Leg., ch. 539, §§ 1; 7. (5) labors'
276
.
RP° L6‘ Op C..,116.."-*" '
( k
ICY CODE, .1. HEALTH § 121.024
Title 2 " Ch. 121
SUBCHAPTER B. HEALTH AUTHORITIES
§ 121.021. Appointment
The governing body of a municipality or the commissioners court of a 1
6. /. county that has not established a local health department or a public health ,
§ 4.08. district may appoint a physician as health authority to administer state and
local laws relating to public health in the municipality's or county's jurisdic-
tion. i
.
)lic health Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Historical and Statutory Notes i
? i
rector for Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 1.03(5); 1,
anistrative r Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 2.03. (
and terms Acts 1985, 69th Leg., ch. 539; § 2.
!rform the '• § 121.022. Qualifications j
ose duties, 1
region in (a) A health authority must be:
, (1) a competent physician with a reputable professional standing who is 1
legally qualified to practice medicine in this state; and
the board a (2) a resident of this state.
(b) To be qualified to serve as a health authority, the appointee must:
(1) take and subscribe to the official oath; and
(2) file a copy of the oath and appointment with the board.
§§ 1.03(11), Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Historical and Statutory Notes ,
Prior Law: Vernon's Ann.Civ.St. art. 4436b, § 3.02(a),
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. (b).
' Acts 1985, 69th Leg., ch. 539, § 3.
tf
ies and for • • l:
The corn- .' § 121.023. Term of Office ;,,
:onference. A health authority serves for a term of two years and may be appointed to
rred by its ' successive terms.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1; 1989. 1
Historical and Statutory Notes 1 .
a Prior Law: -:_r ' Acts 1985,'69th Leg., ch. 539, § 3.,
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. ,Vernon's Ann.Civ.St. art. 4436b, § .., . •.
b, §§ 1.03(4); , , i'„
121.024. Duties
(a) A health authority is a state officer when performing duties prescribed j i
by state law. ir.a',''r ,_., i,:r' 5". l (ir,i.'f SI'6i 65.:() 1 El zno:t::r2j
270'
oo
' r,
'
HEAL
§ 121:024 HEALTH AND sAFETsr►:coD , c�;:;a
f i Tide x
',I 1
(b) A health authority shall:perform each duty that is L'2 }
(1) necessary to implement and enforce a law to protect. the,public;, § 121
1 1 health; or a_ :., . The
(2) prescribed by the board. r `' '. count;
_ ! '.
t # (c) The duties of a health authority include: ,, 1 Acts 1S
' (1) establishing, maintaining,'and enforcing quarantine in the health
1 authority's jurisdiction; •
(2) aiding the board in relation to local quarantine,.inspection, disease Prior LActs
a prevention and suppression, birth and death statistics, and general sanita-
i1 tion in the health authority's jurisdiction; § 12]
(3) reporting the presence of contagious,.infectious, and dangerous epi-
demic diseases in the health authority's jurisdiction to the_board in'the (a)
1 manner and at the times prescribed by the board; the m
(4) reporting to the board on any subject on which it is proper for the
perfoi
board to direct that a report be made; and (b)
' identi
(5) aiding the board in the enforcement of the following in the health :
1I authority's jurisdiction:
, provic
(l
1 (A) proper rules, requirements, and ordinances; (2
(B) sanitation laws; (3
(C) quarantine rules; and ; hea
(D) vital statistics collections. san
3
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. (4
r
(`
Historical and Statutory Notes
I Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 3.01(a); ,
Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 3.02(b). Acts 1•
i, Acts 1985, 69th Leg., ch. 539, § 3. - -
Prior 1
§ 121.025. Removal From Office • , .• Acts
S Acts
A health authority may be removed from office for cause under the
personnel procedures applicable to the heads of departments of the local § 12
government that the health authority serves.
(a)
i Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. count
depai
Historical and Statutory Notes • (b)
Prior Law: ' depai
1 Acts 1983, 68th Leg., p. 798, ch. 190, § 1. authc
Vernon's Ann.Civ.St. art. 4436b, § 3.02(c). I * (c)
coun'
[Sections 121.026 to 121.030 reserved for expansion] sectic
i ! 280 4
t II
II
1, ,