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01-08-1987 (Planning & Zoning) Agenda Packet AGENDA SUMMARY PLANNING & ZONING COMMISSION THURSDAY, JANUARY 8, 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - RECOMMENDATION TO COUNCIL ON PRIVATE CLUB ORDINANCE - This is brought back for your consideration following the research concerning percentages of food versus alcohol in other cities. Our research in other cities has indicated a very interesting set of facts which the City Manager will present orally the night of the meeting. From a legal standpoint the consensus of various City Attorneys seems to be that the most easily defendable position, if challenged, would be to set the percentages at 50-50. Other cities have not done so and the City Manager will explain why it they have not and what realistically defends their action. In addition, we are now offering this as a free standing ordinance due to the fact that if we pursue our original intent of it being an amendment to the zoning ordinance, existing clubs at the time of annexation would be "grandfathered" . We are offering an addition to require these clubs to come into compliance within a ninety (90) day or three (3) month period. ITEM NO. 3 - RECOMMENDATION TO COUNCIL ON SIGN ORDINANCE What is before you is an ordinance that was considered several years ago notations made and then no further action taken. By request of the City Council , we have assembled this ordinance and present it to you for your recommendations. ITEM NO. 4 - RECOMMENDATION TO COUNCIL ON "CONDO" ORDINANCE This item is being presented to establish some guidelines for developers wishing to apply for PD classification in order to build multi-story condominiums or motel. ITEM NO. 5 - RECOMMENDATION ON AMENDMENT TO SD ORDINANCE PERTAINING TO MAXIMUM SLOPE & RETAINING WALLS - This item is placed on your agenda at the request of Wanda Bledsaw, and we are including a copy of a late newsletter that was mailed to all the builders in the area in September '86 approximately thirty days prior to the issuance of the building permit for the particular structure in question. Staff will be prepared with additional comments. AGENDA T�)t ��fEa REGULAR MEETING PLANNING & ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY, JANUARY 8, 1987 7:00 P. I. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-8 Consider approval of minutes. 2 9-13 Consider recommendation to City Council relative to an ordinance establishing regulations for premises serving alcoholic beverages. 3 14-26 Consider recommendation to City Council relative to an amendment to Ordinance No. 81-5 , the Zoning Ordinance of the City of Wylie pertaining to signs in the City. 4 27-29 Consider recommendation to City Council pertaining to a proposed ordinance establishing performance standards for multi-unit structures (i .e. condominimums, etc. ) . 5 30 Consider presentation of application to P&Z to amend Subdivision Ordinance provision pertaining to maximum slope and retaining walls. (W. Bledsaw) 6 ADJOURN MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, DECEMBER 4, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on December 4, 1986 in the Community Room at 800 Thomas Street. A quorum was not present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Vice-Chairman Brian Chaney and Bill Chapman. Those absent were Ken Mauk, Fred Ouellette and Ben Scholz. Representing the city staff was Gus H. Pappas, City Manager; and Amanda Maples, Secretary. The meeting was unable to be called to order due to lack of a quorum. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: _1410,11.4aL_Zgioida49 Amanda Maples, Secretary .. . • " as ' Io+►.•1. -_._ - _ a7RJ'C .L..:_vKi.�.•t.:S.fa. i.-...-. ►'c Y, S7a MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, NOVEMBER 20, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on November 20, 1986 in the Community Room at 800 Thomas Street. A quorum was not present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Kent Crane, Vice-Chairman Brian Chaney and Bill Chapman. Those absent were Ken Mauk, Fred Ouellette and Ben Scholz. Representing the city staff was Gus H. Pappas, City Mahager; Roy Faires, Code Enforcement Officer; and Amanda Maples, Secretary. .:::,. ;,;y4aah4-iMeT iitq was unable to .be called : o 'arder:;.due to, lack :of;.Zr a quorum. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples, Secretary • C ,+ �, a'4lii&:-.:i :::i LI}..N .lO.. ii -,3:.. .. - .r •�i... t i i..+:.L _.� ‘s':Yi...t/1 A 4:=..... :L� . .triVI . .A �__ • r j4.'.� •t4 . -.yam • MINUTES PLANNING & ZONING COMMISSION . REGULAR MEETING THURSDAY, NOVEMBER 6, 1986 • The Planning and Zoning Commission for the City of Wylie, Texas met met in a Regular Meeting on November 6, 1986 in the .- Community Room at. 800 Thomas Street. A quorum was present ., ,,=ond. notice of .the meeting .had been posted for the time and .. in the.Smanner required by law. Those present were: Chairman -- Kent Crane, Ben Scholz , Fred Ouellette, and Bill Chapman. a Vi,;e=-Chairman Brian Chaney and Ken Mauk were absent. :Representing the city staff was Gus H. Pappas, City Manager; i vi R_ q ,$res, Code Enforcement Officer; and Amanda Maples, Seel.._ ary. . ' 9 ,was►.;:c.al 1 edr•�:.to,.„.order. ,at ;,.400.-P.� �.by4- ai rman . en .rave. ITEM NO. 1 - APPROVAL OF MINUTES OF OCTOBER 7. 1986 - Bill Chapman made the motion to accept the minutes as presented. . --:. Ben;-Scholz seconded the motion. . Motion carried 4-0. ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 256.993 ACRES ON WEST SIDE OF CITY - This annexation is made up of several different tracts along W. FM544 and north of that area. it • includes property adjacent to what has been known to us as the Ben Young property and several small individual tracts that front on W. FM544, across from the Steel Industrial Park. This annexation has been initiated by the City in an "''e44'ort`'to be able to control business that front along FM544 such as fireworks stands etc. Also, the City is considering an extension of a water line thatc runs along FM544 and Li would, enable these people to participate in the extension of that service. Chairman Kent Crane opened the public hearing for anyone wishing to speak for or against this annexation. Mr. Scholz came forward on behalf of Mr. Woods. He stated that if the only part of the Woods property that the City was intending to annex was the 1.5 acres along FM544 and between the railroad tracks, he would have no argument. However , the remaining acreage was cultivated and he intended to keep it for that use and did not want it to be annexed. Mr. Pappas added that Mr. Woods has signed a petition for voluntary annexation on his 1.5 acre tract and has requested agricultural zoning. Pappas went on to explain, that in his understanding, the reason for annexing undeveloped land, into the City, that is contiguous with the City Limits is so that when the land is developed it will be developed under City of Wylie's standards. Being in our ETJ gives us some protection, the plans have to meet our standards if the land is subdivided. However, if the land is not subdivided and someone wants to put an abusive use on it such as .a junk yard, there is nothing that we can do to stop him. Further, if the land is • annexed after such a use is already established then that use would be allowed to continue under a "grandfather" use. He would not be allowed to expand that use but the use would be allowed to continue. There' being no futher questions or opposition the public hearing was closed and brought before the board for discussion. Fred Ouellette asked Mr. Pappas if . notice of the public hearing had to be posted in the newspaper. Mr. Pappas replied that the only public hearings that had to be posted in the newspaper, according to law, were those held at the City Council level . Ben Scholz wished to abstain from the discussion and vote due to a conflict of interest. Bill Chapman made a motion to accept the annexation. Fred Ouellette seconded the motion. Motion carried 3-0 with one abstaining. ITEM NO. -3 - PUBLIC HEARING ON ANNEXATION OF 140.58 ACRES OF FM1378 - This annexation is made up of two separate tracts that lie on the west side of FM1378 and on the north side of Lake Ranch Rd. This is another City initated annexation. Staff recommends approval . Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and brought before the board for discussion. Bill Chapman made a motion to approve the annexation. Fred Ouellette seconded the motion. Motion carried 4-0. ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 50 ACRES IN THE MUDDY CREEK AREA - This single tract lies in the Muddy Creek area just below the tract known to us as the George Lewis property, which became a part of the Louis Reece property. This is a City initated annexation. Mr. Pappas stated that although this annexation was initated by the City, he had received a phone call from the property owner requesting voluntary annexation. a _ fil ,_Chairman Kent Crane opened the public hearing. There being `no questions or opposition the public hearing was closed and - brought before the board for discussion. "Ben Scholz asked if this . was an area that Sachse has contested. Mr. Pappas said that this area had never come up in - conversation with Sachse and he pointed out the areas that • Sachse felt should be their borders on the map. , Ben Scholz made a motion to approve the annexation. Bill Chapman seconded the motion. Motion carried 4-O. ITEM NO. 5 - PUBLIC HEARING ON ANNEXATION OF 65.23 ACRES ON 1.,4 ;$. BALLARD ST. .-4hi:s'•annexation jAlmadevoplof three tracts, ' . h 47. which adjoin West Wind Meadows and front on S. Ballard St. This annexation is initated by the City. Mr. Pappas said that he had spoken with Mrs. Fry, property owner, she had requested that the annexation be postponed until after the first of the year. Mrs. Fry lives in Maryland and intends to. fly down for the public hearing, she apparently feels that this is a big event and a historical moment in the life of the land and wants to be present for the event. She apparently has no reluctance for annexation after the first of the year. Chairman Kent Crane asked if she was aware that this process takes several weeks. Mr. Pappas said that he explained the proceedure to her but "` 'he did not think that he was understood. Chairman Kent Crane opened the public hearing. (here being no questions or opposition the public hearing was closed and brought before the board for discussion. Fred Ouellette said that he felt we should honor Mrs. Fry's request to postpone the annexation. Bill Chapman said that he also felt that Mrs. Fry's request should be honored. Fred Ouellette made a motion to postpone the annexation process until after the first of the year. Bill Chapman seconded the motion. Motion carried 4-0. • 7\1 1. .ram: -ri. .e4�. - -• - • -ITEM NO. 6 — PUBLIC HEARING ON ANNEXATION OF 279.028 ACRES SIN E. BROWN ST. - This annexation is made up of several tracts along the south side of E. Brown St. and one tract '=adJoini.ng Rush Creek II. Mr. Pappas stated that most of these tracts are owned by members of the Kreymer family. Mr. Archie Kreymer and Mr. Jimmy Kreymer had already signed voluntary annexation papers but he had heard nothing from Mr. Bill Kreymer. Chairman Kent Crane opened the public hearing. There being no questions or opposition the public hearing was closed and . brought before the board for discussion. Ben Scholz made a motion to approve the annexation. Bill Chapman seconded the motion. Motion carried 4-0. sAW;,.l-- I TEM N 0. 7 — PUBLIC;HEARINGMNtANNEXATIGNHOF-620.028. ACRES.46igi NORTH OF E. SH78 - This annexation is made up of several tracts that lie north of E. SH78 and east of the large tract of which the City Hall property was once a part. These tracts lie primarily north of the St. Louis and Southwestern railroad r.o.w. and adjoin the Federal property annexed into the City during the past 'year 'or-so. - Chairman Kent Crane opened the public hearing. Mr. Robert Alexander owner of approximately 324 acres came forward to oppose the annexation stating that his land is under cultivation and has been for years, he has no plans' to change his use at this time and would intend for the land to come into the City if other plans came along. He requested that only the land along Skyview Drive be annexed for the City to be able to control_ the road r.o.w. and give him a tax break this year. Chairman Kent Crane asked how much of a tax burden the Agricultural zoning would be to Mr. Alexander. Mr. Alexander said that he and Mr. Pappas had figured an approximation and it was about $500.00. Their being no other questions or opposition the public hearing was closed and brought before the board for discussion. Ben Scholz asked Mr. Pappas if their was any way to honor Mr. Alexander 's request and break up the property. Mr. Pappas stated that in order to do that the property would have to be surveyed and the cost burden would be on the City. Chairman Kent Crane said that the cost of the survey would be more than the tax benefit for several years. .�-,�] �•. � . Vi ` .. t • a I Mr-. Alexander asked if he could voluntarily annex that ,parcel . Mr. Pappas said that any tract of land could be annexed that could be legally described. Mr. Alexander said that he had a survey of that parcel that • he could furnish the City. Bill Chapman made a motion to recommend to the Council to annex the entire tract but that the Planning and Zoning Commission would have no problem in honoring Mr. Alexander 's request to only annex the parcel along the road if he supplied the City with a survey. Ben Scholz seconded the motion. Motion carried 4-0. ' �......-i:�.--M�i^�i:�.��'r'�'"i"! K��.�-• �� '.'z/'.)'. -_�:.ya ♦ _ _ ". • ITEM NO. 8 - RECOM'7ENDATION ON ORDINANCE REGULATING PRIVATE CLUBS IN THE CITY - Chairman Kent Crane asked Mr. Faires if it would be possible to get around the minimum separation requirements of this proposed ordinance by using the Planned Development Process, as provided in section 2. 1. Mr. Faires replied that by using the Planned Development provision it would be possible to get around any part. or all of this ordinance but the Planning and Zoning Commission and the City Council had to approve it. That is the difference in a Planned Development you have the power to make -more or less strenuous demands on them. Chairman Kent Crane then asked if everyone felt that the exemptions in section 2.5 of the proposed ordinance should be taken out of . the ordinance. Mr. Faires commented that most Fraternal Organizations have a private club but that is not the basis for their organization. These orqaninations usually have some redeeming quality that make the acceptable to the community and they have a reputation for taking care of their own. Fred Ouellette said that he felt that Golf and Country Clubs should be taken out of the exceptions. Everyone agreed on that. Fred Ouellette felt that 70% food sales, as set forth in section 3. 1 , was too restrictive because that amounts to about 1 drink per meal . Mr. Faires reported that our sister cities used from 50% to 70%. Chairman Kent Crane said that in order to represent the concerns of a conservative city we should be on the high end of the percentage scale. Fred Ouellette said that he had 65% in mind as a fair figure. Mr. Pappas said that he would get some hard facts from our sister cities to present to the commission at a later date. • `�11111nMi L -" - rb._1'.{ .1:--�.,s • .>. . }.:_'� ..• .a... '49 • • .4.'., a�. r - r. - Chairman Kent Crane asked Mr. Faires if section 3.6 meant • only gambling machines or that all game machines would be prohibited. Mr. Faires stated that in' his mind it meant gambling machines. Mr. Pappas said that he felt that it meant all game machines. Fred Ouellette felt that whether or not a resturant had game machines did not have any thing to do with alcohol and should be taken out of the ordinance. Chairman Kent Crane felt that it was a good precaution • because when people drink sometimes they don't use good • . ' judgement and would be more likely to gamble. Gambling is very hard to enforce because an officer has to catch them actually placing the bet and it is better to take precautionary measures. Fred Ouellette said that allowing resturants. that don't serve alcohol to have the machines and "not allowing resturants that serve alcohol to have the machines was discreminatory and may be challenged later. Mr. Pappas said that this restriction is almost standard in • Nst t'e Ak.'`tWex fi$ ui q to .the conssr lit L ve-views on alcohol =` ». Chairman Kent Crane said, while discussing section 6 (Remedies for Non-Compliance) , that he had an idea; if a resturant did not come into compliance with the percentage standards during an audit period, in the next period they should be required to have .their alcohol sales down by the same percentage that they were over in the pervious period in order to compensate and keep a 70X average over the entire year. Mr. Faires felt that this would be unfair treatment and may not hold up in court. Fred Ouellette felt it was too harsh but he would agree to a fine for noncompliance. Chairman Kent Crane said that he would like to be able to enforce this at the Staff level rather than at the Council level because of the political pressures. Mr. Faires suggested that" failure to comply could be considered a • misdemeanor and shall be punishable according to State Law" in this way you could let a judoe decide what the punishment would be; However , this would mean that only one person would be making the decision instead of at • least four. Chairman Kent Crane said that he felt that this would be abused if the ordinance didn 't have some teeth to it. Mr. Faires said that the ordinance was about as strict as you could be, given the conditions. NO. 9 - PRELIMINARY PLAT FOR 20.08 ACRES OUT OF DALLAS COUNTY ABSTRACT NO. 381 - This property is located within the ETJ of the City of Wylie just Southeast of Wells Road. This submittal represents a re-submittal of the preliminary plat of the Dottie Bateman Development. Mr. Pappas stated that this property is not contiguous and is not eligable for annexation. • Chairman Kent Crane had a question on what size water line this development would be on. Mr. Pappas said that a subdivision of this size would be on a minimum 6" line. • t *«. • ' ~ - w!• n. _' L'. . • R+i9atit.i:i. rzQ.S�i'aazro► .i.� 4`,:ag .R 4 ,' . n `.4c- 4.. Tin- i.►sb "., .... •I` ! ; ti 'f•-Sc•• Q'yF�,�� +A TT _•- 1�15- ...yL.�...}.y . i1tS -_,..,..af ET t' • - f.?Y + F) a .,. +�.`, yT 4- .. -• - . ,.. 1 V.E 4;� A••A��t' I ''' •t :1 4ri �+..4 . Zs�t� 3 .re ; 1% '!'ette had a question. as to how + the streets were t `meas . 'front ,to front or back to back7:_ Chai m Tent :Crane stated that the 15 _ %easement should contihpe: around the cul-de-sac so that at a later date if'. a.• , sewer-line needed to be layed, it would be cheeper to lay ,it t arour d the front of the lots than all the sway around the ? property. i Mr. Pappas said that there may need to be an additional .easement through the property in case a line needed to be 1 oopd at <;a,,a ester. date. 9 1pmat •made a motion to •accept the _preliminary:.pl fit with'6 changes to the 15' easement being carried around the cul-de-saacc and the measurement of the street being ` ' ' !i z' sc 4 4? • ,ITEM NO. 10 - ADJOURN - Ben Scholz made a motion to adjourn. Fred Ouellette seconded the motion. Kent Crane, Chairman Planning & Zoning Commission Respggtfully Submitted: • t. ),.s 4,1. `'•'...4•44/"�.''f-:jt.`: W- 5.2.•<..•.•o .,d"-fz.- -- . '- _• - -:i✓.rY.,.. Aelliolge4lAgL2147Af . Amanda Maples, Secretary O ORDINANCE NO. BEING AN ORDIANNCE CONTAING REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES, PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: The City of Wylie, Texas presently has no criteria to control the density or locations of private clubs serving alcoholic beverages and: WHEREAS: The City Council of the City of Wylie, Texas has determined that such controls are necessary to protect the health, safety and welfare of it' s citizens therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES; 1 : General Policy Provisions In order to protect the general health, well being and welfare of the citizens of Wylie, Texas, the City Council of the City of Wylie declares it to be the policy of the City that private clubs for the consumption of alcoholic beverages shall not be permitted within the City of Wylie without such establishment having first secured a special use permit approved by the City Council under the terms and regulations of this Ordinance. Consideration of an application for such special use permits by the City Council shall follow a recommendation by the Planning and Zoning Commission and payment of a two hundred fifty ($250. 00) application fee. 2: Location of Such Establishments 2. 1 Service and consumption of alcoholic beverages in a Planned Development (PD) may be allowed subject to inclusion in and approval of the PD regulations by the City Council. Such PD regulations shall control to the exclusion of this Ordinance other than compliance with the provisions of the Texas Liquor Control Act. 2. 2 Establishments seeking to qualify under this Ordinance, except those in a PD, must be located in a area zoned "Retail, B-1, B-2 or Industrial " as those terms are defined in the comprehensive zoning ordinance of this City, and such premises shall not be located within one thousand ( 1000' ) of the property line of any church, public or parochial school, hospital, extended care facility, or public park nor shall such premises be permitted within three hundred (300' ) of any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF". The distances shall be measured from the front door of the premises to the nearest property line of a church, shcool, hospital, extended care facility, or public park, or residential zoned area. 2. 3 Any restaurant in operation at the date of passage of this Ordinance located in "R", "B-1", "B-2" or "I " zone which otherwise qualifies under all other operational requirements of this Ordinance may receive a special use permit if application is made within one year of the date of passage of this Ordinance. 2. 4 Establishments for the sale or consumption of alcoholic beverages shall be located within an area containing 10 acres or more in size and zoned "R", "B-1 ", "B-2" or " I" and/or any contiguous combination of these zoning districts. Said area need not be under single ownership and areas separated by a minor or secondary street are to be considered contiguous for determination of the acreage requirement. Where areas are separated by a thoroughfare, existing or proposed, they shall be considered separate areas for determining acreage requirements as set forth in this Ordinance. 2. 5 Exemptions: Golf or Country Clubs and nationally recognized social or fraternal organizations are exempt from the acreage and food sales provisions of this section. 3: Operational Regulations 3. 1 Not less that seventy percent (70%) of the gross receipts of such establishment shall be derived from the sale of food consumed on the premises. Food service shall be available at any time alcoholic beverages are being served. The service of alcoholic beverages without food is prohibited in dining areas and is restricted to a bar or lounge area as described in this Ordinance. The holder of such permit shall provide audits at its expense as more fully set forth in this Ordinance. 3. 2 Such establishments shall contain a minimum of one hundred fifty (150) dining seats, allowing a minimum of twelve (12) square feet of dining area per dining chair; calculation of the square feet of dining area to exclude kitchen and storage areas, bar and lounge areas, and cashier and reception areas. 3. 3 Such establishment shall comply with all of the provisions of the Texas Liquor Control Act and receive a private club permit from the State of Texas within six (6) months from the date of issuance of the special use permit by the City, each such limitation in time being subject to extension by the City Council. 3. 4 The City Council may revoke a special use permit upon the finding that any of the operational requirements imposed at the time of granting the permit are not met or thereafter cease to exist. Said special use permit shall be subject to review based on recommendation from the Police Department that the public safety has been or is being jeopardized. The City Manager or his designated representative and Chief of Police are specifically authorized to receive, accept, and investigate complaints from any source. 3. 5 A private club with a bar or lounge area shall be designed so that patrons can enter only from an area within the primary use, e. g. the dining or reception area of a restaurant, hotel or motel. Emergency exits direct to the outside are permitted. 3. 6 Gaming devices, such as billard (pool) tables, pinball machines and other coin operated electrical machines shall not be allowed on such premises. 3. 7 No signs advertising the sale of alcoholic beverages shall be permitted other than those authorized under the Liquor Control Act of the State of Texas and the city sign ordinance. 3. 8 Extended hours permits as defined in the Texas Alcoholic Beverage Code shall only be granted by separate action of the City Council after review and recommendation of the Planning and Zoning Commission. �0 4: Audit Requirements 4. 1 The permittee of each Private Club in the city which has been in operation for at least six (6) months prior to a December 31st calendar year shall select and engage a Certified Public Accounting firm to conduct an annual audit of the operations of such Private Club during such period. The year upon which such audit shall be conducted shall begin January 1, and end December 31. The purpose of this audit shall be to determine whether or not the permittee has complied with the gross receipt requirements of Section 3. 1. The audit shall clearly reflect ( 1 ) the total gross receipts of the permittee for the audit year from all operations on the premises for which the Special Use Permit for a Private Club is issued; (2) the percentage of such gross receipts derived from the sale of food; and (3) the percentage of such gross receipts derived from the sale of alcoholic beverages. 4. 2 The audit shall indicate whether or not further inquiry should be made by the City of Wylie into the permittee' s operations to determine whether all other requirements for the operation of a Private Club were satisfied during the audit year. 4. 3 The audit shall be completed and a copy furnished to the City Council through the City Manager' s office not later than April 1st of the year following the audit year. The audit shall be performed and a copy furnished to the City Manager at the sole expense of the permittee. 4. 4 If not received by April 1st, the City Council shall have the right to select and engage a Certified Public Accountant firm to perform the audit described herein. The permittee shall reimburse the City of Wylie for all expenses incurred in obtaining this audit. 5: Public Hearing In the event of apparent non-compliance as determined by the City Manager or his designated representative, a public hearing may be scheduled for a future City Council meeting, for the purpose of determining such compliance or non- compliance of the permittee for the audit year with the requirements of this Ordinance for the operation of a Private Club. The permittee shall be given at least ten (10) days written notice of the date, time, and place of the public hearing. A Special Use Permit shall remain in full force and effect pending such public hearing. 6: Remedies for Non-Compliance 6. 1 At such public hearing, the permittee may appear in person, or by attorney or representative, and shall further have the right to cross-examine witnesses, and to offer such evidence and testimony as he desires with regard to compliance or non-compliance as described above. Upon hearing all evidence with regard to the matter, the City Council shall enter an order finding compliance or non- compliance on the part of the permittee. If the order finds compliance, the matter shall be concluded for that audit year. 6. 2 If the order finds non-compliance for the audit year, the City Council shall further provide for one of the following actions: /� A. ) Immediate suspension of the permittee' s operation of the Private Club on the premises; and immediate implementation of procedures to revoke and delete the Special Use Permit for a Private Club designation from the zoning of the permittee' s property; or B. ) Establishment of a six-month period of probation during which the permittee may continue operations under its Special Use Pemit for a Private Club. The purpose of this probationary period is to allow the permittee to come into compliance with the requirements which were found to be non- compliant as a result of the public hearing. 6. 3 At the end of the probationary period, if same is ordered. an additional audit shall be performed at permittee' s expense. The auditor shall be selected and engaged by the City Council. The purpose of the audit shall be to determine compliance or non-compliance of the permittee during the entire probationary perid with all requirements of this Ordinance. 6. 4 Upon completion of such audit, the original copy shall be furnished to the City Council, with a copy to the permittee. Upon receipt by the City of Wylie of an audit of a permittee' s probationary period, the matter shall be scheduled for consideration at City Council meeting. Written notice shall be given to the permittee. The permittee, his representative or attorney, shall have the right to appear at such meeting and to present any testimony or evidence regarding compliance or non-compliance with the Ordinance, or even the results of the audit, as may be desired. Upon hearing of all evidence and testimony, the City Council shall enter an order finding compliance or non- compliance with requirements of this Ordinance. If the order finds compliance, the probationary perid shall be ended, and permittee' s operations under the Special Use Permit may be continued. If the order finds non-compliance, the permittee shall immediately cease the operation of the Private Club on the premises. Procedures shall immediately be implemented on behalf of the City of Wylie to revoke and delete the Special Use Permit for a Private Club designation from the zoning for the permittee' s property. 6. 5 All specific use permits granted under the provisions of this section shall expire December 31st of the year issued and may be renewed annually by payment of a two hundred ($200. 00> dollar renewal fee provided that all sections of this ordinance have been complied with. 6.6 All specific use permits approved in accordance with the provisions of this Section shall only be issued to the applicant whose name appears on the application and shall be valid only as long as the said applicant owns the private club. Upon notification that an existing private club has ceased or will cease operations, a public hearing may be initiated by the City Council to consider rescinding the specific use permit which had been approved for that private club. Any cessation► of the use granted by the specific use permit for a period longer than 180 days shall require the owner to reapply for said permit. 6. 7 A Special Use Permit for the operation of a Private Club shall not be issued for a period of one year for an establishment which has had Special Use Permit revoked pursant to Section 3 or Section 4 of this Ordinance. 7: Compliance Required All private clubs within the City of Wylie shall comply with terms of this ordinance within three (3) months of it' s passage. Any existing private club which is annexed by the City shall be required to comply with the terms of this ordinance within three (3) months of the time of annexation. 8: Severability Clause It is intended by the City Council that this Ordinance, and every provision thereof, shall be considered severable and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. 9: Penalty It shall be unlawful for any person, firm or corporation to operate a Private Club for the sale or dispensing of alcoholic beverages without first having secured a Special Use Permit from the City Council of the City of Wylie. Operation of a Private Club without first securing a Special Use Permit shall be deemed a misdemeanor and any person, firm or corporation convicted thereof shall be fined any sum not exceeding the maximum amount permitted by state law and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. 10: Publication and Effective Date The Caption of this Ordinance shall be published one time in a newspaper having general circulation in the City of Wylie, Texas, and shall be effective immediately after its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1986. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE ZONING ORDINANCE, BY REPEALING SECTION 26 AND ORDAINING A NEW SECTION 26, GOVERNING SIGNS LOCATED OR TO BE LOCATED WITHIN THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION AND ISSUANCE OF PERMITS; CONTAINING CONTINUING REGULATORY PROVISIONS; CONTAINING APPEAL PROVISIONS; CONTAINING SPECIFIC LIMITATION PROVISIONS; CONTAINING PROHIBITED USE OF SIGNS; CONTAINING AN PENALTY PROVISIONS; PROVIDING FOR PUBLICATION AND CONTAINING AN EFFECTIVE DATE: WHEREAS: The City Council has determined that the sign provisions of the Zoning Ordinance to be insufficient to adequately regulate the erection and maintenance of signs and other advertising materials within the City of Wylie, and, WHEREAS: The Planning and Zoning Commission has recommended the passage and adoption of the following comprehensive sign ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OR WYLIE, TEXAS: That Section 26 of Ordinance #81-5 as amended by Ordinance #85-23A is hereby repealed and a new Section 26 is ordained to read as follows: ARTICLE I. DEFINITIONS SECTION 1. For purposes of this ordinance, the following definitions shall apply, unless clearly indicated to the contrary: Erect. The term "erect " shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs on the exterior surface of a builiding or structure. Facing or Surface. The word "facing or surface" shall mean the surface of the sign upon, against, or through which the message is displaced or illustrated on the sign. Cross Surface Area of Sign. The "gross surface area of a sign" is the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two (2) or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Illuminated Sign. The term " illuminated sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tubes or other means. Noncombustible Material. The term "noncombustible material " shall mean any material which will not ignite at or below a temperature of twelve hundred (1200) degrees Farenheit, and will not continue to burn or glow at that t empat ure. Sign. The term "sign" shall mean and include every sign, name, number, identification, description, announcement, declaration, demonstration, device, display, flag, banner, pennant, illustration, beacon, light or insignia, and structure supporting building or outdoor structure, or erected or maintained upon a service, place, activity, person, institution, orgainization or business. Any interior illuminated or moving sign or light which is visible from the exterior may be determined as being erected on the exterior of the building or structure. Sign, Advertisng. An "advertising sign" is any sign which promotes and advertises commodities or services not limited to being offered on the premises on which such signs are located. Sign, Agricultural. An "agricultural sign" is any sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon. Sign, Apartment. An "apartment sign" is any sign identifying an apartment building or complex of apartment buildings. Sign, Construction. A "construction sign" is any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgage 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, construction of buildings, pavement, water, wastewater or storm sewer facilities and other apprentices. Sign, Directional. A "directional sign" is any sign temporarily used in directing traffic to residential section of the city. Sign, Flashing. A "flashing sign" is a sign which has illumination that is alternately turned on and off at a rate equivalent to, or greater than, twice an hour, excluding time and tempature signs. Sign, General Business. A "general business sign" is any advertising 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. A "ground sign" is any sign which is erected on a vertical framework consisting of two (2) or more uprights supported by the ground. Sign, Identification. An "indentification sign" is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites. Sign, Institutional. An "institutional sign" is any sign or bulletin board used to identify schools, churches, hospitals and similar public or quasi-public institutions. Sign, Marquee. A "marquee sign" is any sign erected on a marquee or fixed awning. Sign, Name Plate. A "name plate sign" is any sign showing only the name and address of the owner or occupant of the premises on which it is erected or placed. /5- Sign, Obsolete. An "obsolete sign" is any sign which no longer serves a bona fide use or purpose at a specific location. Sign, Parapet Wall. A "parapet wall sign" is any sign erected on the top surface of a parapet wall. Sign, Pole. A "pole sign" is any sign supported by a single free-standing pole, and having no guys or braces to the ground or to any structure other than the pole. Sign, Projecting. A "projecting sign" is any sign which projects from a building and which has one end attached to a building or other permanent structure. Sign, Real Estate. A "real estate sign" is any temporary sign pertaining to the sale or rental of property and advertising property only for use of which it is legally zoned. Sign, Roof. A "roof sign" is any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building. Sign, Wall. A "wall sign" is any sign erected flat against a wall, supported by the wall, and having the sign face parallel to and not more than twelve (12) inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a "wall sign". A window sign shall be considered a wall sign. Structural Trim. The term "structural trim" shall mean the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure. Sign, Government. A "government sign" is any sign erected by an agency of the United States Government, the State of Texas, the County of Collin or the City of Wylie. Sign, Political. A "political sign" is any sign intended to influence the vote of individuals in any election campaign. ARTICLE II. ADMINISTRATION SECTION 1. 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. SECTION 2. Non-conforming 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 shall be altered or moved unless a permit be issued pursant to the provisions of this ordinance. Temporary permits granted prior to the passage of this ordinance shall be renewed only if the Applicant complies with all provisions of this ordinance. SECTION 3. Application for Sign Permit. Application for a permit required by this ordinance shall be made upon forms provided by the Building Official, and shall contain or have attached thereto the following information: (a) Sign use classification. / (b) Name, address, and telephone number of the applicant. (c) Name, address, and telephone number of the owner. (d) Name, address, and telephone number of the person or firm erecting the sign. (e) Location of the building, structure, or tract to which or upon which the sign is to be attached or erected. (f) Position of the sign in relation to nearby buildings or structures or other related signs. (g) Two (2) copies of plans and specifications showing materials, methods of construction and attachment to the building or in the ground. (h) Copy of stress sheets and calculations prepared by a registered engineer showing that the structure is designed for dead load and wind pressure from any direction, as may be required by this ordinance or by the Building Official. ( i ) The zoning classification carried by all property located within three hundred (300) feet of the property subject to the application. (j ) Such 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. SECTION 4. Exemptions From Application for Permit. Application for permit shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this 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, limited to one such sign on any one lot or premises. (b) Name plates not exceeding one (1 ) square foot in area. (c) Temporary political signs set back at least ten (10) feet from sidewalks. (d) Bulletin boards not exceeding sixteen (16) square feet in area for public, charitable or religious organizations when the same are located on the premises of the institution. (e) Temporary construction signs, not exceeding two (2) square feet in area, denoting architect, engineer or contractor, when placed upon premises under construction. (f) Occupational signs, not exceeding two (2) square feet in area, denoting only the name and profession of an occuapant in a commercial builiding or public institutional building. (g) Memorial signs or tablet, names of building and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible materials. (h) Flags, emblems and insignia of any governmental body and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. ( 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. (.j ) Traffic or other governmental signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or nonadvertising signs as may be approved by the City Manager or his authorized representative. SECTION 5. Signs Requiring Electrical Inspection. Every sign utilizing electrical apparatus or electricity shall comply with the City Electrical Code. SECTION 6. Fees. Every applicant, before being granted a permit hereunder, shall pay to the City of Wylie a fee as set forth in the City of Wylie Fee Ordinance for processing and issuing such permit plus the electrical permit fee for inspection and certificate. SECTION 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. SECTION 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 or under the provisions of any other ordinance or the Fee Ordinance of the City of Wylie. SECTION 9. Permit Valid Only for Sixty (60) Days. If the work authorized by a permit issued under this division has not been commenced within sixty (60) days after the date of issuance, the permit shall become null and void. SECTION 10. 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 or laws of the State of Texas or Federal Government. Such suspension revocation shall be effective when communicated in writing to the person to whom the permit is issued, the owner of the sign or the owner of the premises upon which the sign is located. SECTION 11. Inspection. The Building Official shall inspect annually, or at such other times as he deems necessary, each sign regulated by this ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. SECTION 12. Removal of Obsolete Signs. Any sign which the Building Official determines r►o longer serves a bona fide use conforming to this ordinance, shall be removed by the owner, agent or person having the beneficial use of ehe land, building or structure upon which such sign is located within ten (10) days after written notifiction to do so from the Building Official. It shall be lawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, and in the event failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not positive defense for failure to comply with the written directive. SECTION 13. Removal or Repair of Unsafe Signs. If the Building Official shall determine that any sign is unsafe or insecure, or is a menace to the public, he shall give written► notice of the person or persons responsible for such sign. If the permittee, owner, agent or person having the benenficial use of the premises fails to remove or repair the sign within ter► ( 10) days after written► notification to do so from the Building Official, it shall be unlawful for any person, firm or corporation receiving such written notice to fail to comply with the direction of the notice, ar►d in the event of failure to comply with such notice, the building inspector is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected, such removal is not a positive defense for failure to comply with written directive. The Building Official may cause any sign► which is an immediate peril to persons or property to be removed summarily and without notice. SECTION 14. Sign Board of Appeals. Upon proper application thereto the Zoning Board of Adjustments and Appeals shall have the power to grant variances from the provisions of this section if it appears that the provisions would work a manifest injustice, and in making such determination the Board shall consider such factors as the type of sign, 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 an►d air, conservation of land, protection of property values, and encouraging the highest and best use of the land. In considering the requests for variation to requirements of this Ordinance the Board shall consider, but not limited to, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The decision of the Board of Appeals shall be final. /9 ARTICLE III. SPECIFIC LIMITATION PROVISIONS SECTION 1. General Sign Provisions. All signs located or to be located within the City of Wylie shall conform to the general provisions set forth in TABLE I, entitled "General Provisions". SECTION 2. Additional Requirements for Attached Signs (a) Roof Signs. Roof signs shall be an integral part of the architectural design of the building and shall be constructed of noncombustible materials, except molding and trim. Such signs shall not exceed fifteen ( 15) feet in height measured from the uppermost part of the sign to the surface of the roof immediately below. Nor shall any roof sign exceed the height limit for building fixed by the Zoning Ordinance of the City of Wylie. Such sign shall not exceed one hundred twenty-eight ( 128) square feet in area, and only one ( 1 ) sign shall be allowed per building structure. No part of any roof sign shall be located within six (6) feet of any outside wall nor within seven (7) feet of the surface of the roof immediately below. All metallic parts shall be grounded for protection againist lightning. Roof signs erected on pitched roofs shall not be higher than three (3) feet above the roof immediately below, nor less than one (1 ) foot above the roof immediately below. (b) Projecting Signs. The horizontal portion of any projection sign shall not be more than six feet six inches (6' 6") in length measured from the building face and shall not be closer than two (2) feet from the back of the curb line. The height of the sign shall not exceed two (2) feet. Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (c) Marquee Signs. Marquee signs erected on the face of a marquee shall be built as an integral part of the marquee and shall be constructed of noncombustible material. Such signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the building 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. Further, the height shall not exceed the building roof line by more than four (4) feet. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (d) Wall Signs. Wall 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 signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six (6) feet nor exceed seventy-five (75) percent of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of paragraphs (e) and (f) of this Section. (e) Projection Over Public Property. If the vertical clearance above the surface is less than eight (8) feet, no projection is permitted. If the vertical clearance above the surface exceeds eight (8) feet, a projection is permitted for each inch of clearance over and above the required eight (8) feet, provided that no projection shall exceed four (4) feet or one-third (1/3) the width of the sidewalk below, whichever is less. (f) Projection Over Private Property. Projection of sign over private property shall be allowed over pedestrain sidewalks, walkways and corridors but not to exceed the following : Vertical Clearance Max. Projection 7' or less 3 inches 7' or 8' 12 inches 8' or more 4 feet (g) No sign of any nature other than Governmental signs shall be placed on any right of way within the City, the existence of a sign on a Public right-a-way or utility pole within the city shall be considered prima facie evidence, rebuttable as in other cases, that such sign was placed by or under the direction of the person, firm or organization advertising thereon. SECTION 3. Freestanding Identification Signs and General Business Signs in "R, B-1, B-2 and Ind" Districts. ( 1) The entire sign must be located a minimum of eight (8) feet behind the property line. (2) Any projecting or overhanging portion of the sign must be a minimum of ten ( 10) feet above any walkway and fourteen (14) feet above driveways. (3) Maximum height above grade of an identification sign is thirty-five (35) feet ; maximum height above grade of general business sign is twenty (20) feet. (4) Maximum area for general business pole or ground signs is sixty (60) square feet and maximum area for identification pole or ground signs is one hundred twenty- eight ( 128) square feet. (5) Such signs shall be located a minimum of thirty (30) feet from adjoining private property lines and a minimum of sixty (60) feet from any other free standing sign. (6) Such signs in "R, B-1, B-2 and I" Districts shall be constructed of materials that are noncombustible or slow burning in the case of plastic inserts and faces. Such signs are to be supported by noncombustible supports finished in a presentable manner (wood other than treated or unfinished steel not allowed) . (7) No advertising matter shall be displayed on or attached to any free standing sign. No guys, braces, attachments, banners, flags, or similar devices shall be attached to any sign. (8) Such signs shall be protected by wheel or bumper guards when required by the Building Official. (9) For Retail and Commercial sites upon which multiple use signs are desired in excess of the above stated limitations, a sign plan for the site may be submitted to the Board of Appeals for consideration as variance of this Ordinance. SECTION 4. Advertising Signs. Advertising signs shall not exceed three hundred (300) square feet where legal speed limits are in excess of 50 m. p. h. and shall not exceed one hundred twenty-eight ( 128) square feet where legal speed limits are 50 m. p. h. or less. SECTION 5. Temporary Signs. (a) Temporary directional signs are to be used for the exclusive purpose of directing traffic to residential sections of the city. Such signs shall bear only the name of such sections and the directional arrow. Permits for directional signs shall be granted for a period of time not to exceed six (6) months, at the expiration of which time, renewal applications must be filed. (b) Temporary subdivision development signs and "for sale" signs of undeveloped tracts may be erected, provided such signs relate only to the property on which they are located. Each such subdivision under development may have one (1 ) such sign not to exceed one hundred fifty (150) square feet in area. Subdivision developments greater than fifty (50) acres in size may have additional signs of the same size on the ratio of one (1 ) sign for each thirty (30) acres in excess of the base fifty (50) acres. SECTION 6. Date of Erection, Permit Number and Voltage to be Displayed. Every sign erected after the passage of this ordiance shall have displayed in a conspicuous place thereon, in letters not less than one (1) inch in height, the date of erection, the number of the permit issued under this ordinance and the voltage of any electrical apparatus used in connection therewith. SECTION 7. 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. SECTION 8. Maintenance of Signs. All signs and supports shall be maintained in good condition to prevent deterioration, oxidation, rust and other unsightly conditions. ARTICLE IV. PROHIBITED SIGNS SECTION 1. Obscene, Indecent and Immoral Matter. It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. SECTION 2. Obstruction Doors, Windows or Fire Escapes. It shall be unlawful to erect, relocate or maintain a sign to prevent free ingress to or egress from any door, window or fire escape. .=='?a SECTION 3. Attachment to Standpipe or Fire Escape. It shall be unlawful to attach any sign to a standpipe or fire escape. SECTION 4. 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 where, 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 devise. 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. SECTION 5. Mobile or Portable Signs. (a) It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. This provision does not restrict the identification signs on vehicles used for any bona fide transportation activity. (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 vicintiy, 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. SECTION 6. Advertising Matter Placed on or Suspended from Buildings, Poles, Sidewalks, ect. (a) No person shall place on, or suspend from, any building, pole, structure, sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this ordinance, except as otherwise allowed by ordinance. (b) No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from any sign, building or structure, when the same shall create a public menace or danger. SECTION 7. Painting, Marking, etc. , Street, Sidewalks, Utility Poles, etc. No person shall attach any sign, paper or other material or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public buildings, fence or structure except as otherwise allowed by ordinance. SECTION 8. 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, side walk, or public telephone facility, elelctric or other utility pole, or any other public property, including trees thereon, or to knowingly cause or to permit the same to be done for his benefit. (b) It shall also be unlawful for any person to scatter or throw any handbill, circulars, cards, tear sheets or any other advertising device of any decription, along or upon any street or sidewalk in the City of Wylie. SECTION 9. Pole or Ground Signs Prohibited on or Over Public Property. No portion of any pole or ground sign shall be erected upon or over public property, unless the same be erected by the City, or with the permission of the City, for public purposes. SECTION 10. Certain Illuminated Signs Prohibited. No sign shall be illuminated to such an intensity or in such a manner, as to cause 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. Jump clocks showing time, temperature, and similar data may be allowed. No lighted sign shall be erected within one hundred and fifty (150) feet of a residential district unless the lighting is shielded from view of the residential district. SECTION 11. Balloons and other Floating Devices Used for Advertising Purposes. No person shall erect, maintain or permit the erection of, for advertising purposes, any balloon or other floating device anchored to the ground or to any other structure within the City of Wylie. ARTICLE V. PENALTY PROVISIONS SECTION 1. Persons Responsible. The permittee, owner, agent, person or persons having the beneficial use of the ground or a sign, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this ordinance and are subject to the penalty provided for violations of this ordinance individually. SECTION 2. Penalty for Violation of this Ordinance. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in the Municipal Court, shall be subject to a fine of not more than the maximum permitted by State Law for each offense, and each and every day that the violation of the ordinance is continued shall constitute a separate offense. - ARTICLE V%. CONFLICTING ORDINANCES If any portion of this ordinance shall conflict with any portion or all of an existing ordinances of the City of Wylie not specifically repealed herein, the City Council hereby declared that this ordiancoa shell prevail and that it is hereby attempting to repeal any conflicting provisions of any existing ordinance of the City. ARTICLE VI %° PRESERVING RIGHTS AND VIOLATIONS UNDER EXISTING ORDINANCES By the passage of this Ordinance, no presently illegal use of signs shall be deemed to have been legalized, and no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time existing sign ordinances or regulations were repealed and this ordinance adopted, shall be discharged or affected by such repeal ; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded with, in all respects as if such prior ordinance, or portion of such ordiance, had not been repealed. ARTICLE V%% X. SEVERAB%LITY CLAUSE AND EFFECTIVE DATE SECTION 1. Severability Clause. If any section, sub-sectionv sentence, phrase, word, paragraph, or provisions of this Ordinance or the application of that section, sub-section, sentence, phrase, word, paragraph, or provision to any person, firm, corporation, situation or circumstance is for any reason adjudged invalid, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this ordinance or the application of any other section, sentence, phrasev word, paragraph, or provision to any other person, firm; corporation, situation or circumstance, nor shall adjudication affect any other section, sentence, phrase, word, paragraph or provision of the Code of Ordinances of the City of Wylie, Texas. The City Council declares that it would have adopted the valid portions and applications of this ordinance without the invalid part, and to this end the provisions for this ordinance are declared to be severable. SECTION 2. Publication. The caption of this ordinance shall be published one time in a newspaper of general circulation. SECTION 3. Effective Date. This ordinance shall take effect immmediately upon the publication of the caption of this ordinance in a newspaper of general circulation as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS DAY OF , 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary at. ORDINANCE NO. AN ORDINANCE ESTABLISHING DEVELOPMENT PERFORMANCE STANDARDS FOR MULTI-STORY MULTI-UNIT STRUCTURES; PROVIDING DEFINITIONS; STATING THE PURPOSE; PROVIDING STANDARDS FOR DEVELOPMENT; PROVIDING AN PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. This ordinance shall be known as the Multi- Story Multi-Unit Development Performance Standards of the City of Wylie, Texas. SECTION 2. This ordinance shall apply to all multi-story multi-unit structures constructed after the effective date of this ordinance. SECTION 3. DEFINITIONS: The following words and phrases when used in this ordinance shall have the meanings respectively ascribed to them in this section: (a) Condominium Project-Condominium Project means a real estate condomimium project ; a plan or project whereby four (4) or more apartments, rooms in existing or proposed buildings or structures are offered or proposed to be offered for sale. (b) Dwelling Unit-Shall be construed to mean one ( 1 ) room, or rooms within the same structure connected together, constituting a separate, independent housekeeping establishment including kitchen facilities for owner occupant or rental, or lease on a daily, weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. (c) Density-The quanity or number or units per ground area. (d) Bedroom Unit-Any room in a dwelling unit in which fixtures or furnishings are provided for sleeping. This shall not be interpreted to include a room in which furniture such as fold-down beds or convertible couches is provided on a permanent basis for regular accommodation or residents, temporary or otherwise. This shall include single rental rooms in a motel or hotel. (e) Multi-Story-A structure three (3) or more stories in height. (f) Planned Unit Development-A development that complys with all provisions of the planned unit development section of the Comprehensive Zoning Ordinance of the City of Wylie. (g) Fire Protection-Residential fire protection as described in National Fire Protection Association Publication 13-D. (h) Motel-Hotel-Any establishment whose primary function is to provide a bedroom unit for patrons on a temporary basis. (i ) Open-Space-Open land area reserved in perpetuity and maintained in accordance with City Ordinances. The term "Open Space" as used in this ordinance does not include vehicular parking areas or adjacent roadways. Swimming Pools, tennis courts and other areas designed and designated for pedestrian activity can be considered "Open Space". SECTION 4. PURPOSE-The construction of multi-story, multi- unit structures for full time or temporary living accommodations can result in increased density, greater traffic volume, loss of open space and severely tax public services provided by the city. Guiding development to abide by public standards established by the City of Wylie ensures the protection of the general public health, welfare, and safety and encourages the orderly development of the City as a whole. SECTION 5. STANDARDS FOR DEVELOPMENT-All multi-story, multi-family, motel-hotel structures constructed after the effective date of this ordinance shall meet the following performance standards: (a) Provide parking spaces, a minimum of nine (9) feet wide by eighteen ( 18) feet long, in proportion to the number of bedroom units contained in the total development, as follows: (i ) A minimum of 1. 5 spaces for the first bedroom unit contained in each dwelling unit, and (ii) A mirnimum of one ( 1 ) additinal space for the second bedroom unit contained in each dwelling unit, and (iii ) A minimum of one half (. 5) additional space for each bedroom in dwelling unit that contains three (3) or more bedroom units with a maximum of three (3) parking spaces required for any dwelling unit. (b) Provide a maximum of 28 dwelling units or 70 bedroom units per acre on the property of the proposed development. (c) The minimum dwelling unit shall be 900 square feet. (d) All construction of multi-story multi-family condominiums shall be in an area zoned planned unit development. (e) Protective covenants shall be filed with the request for planned unit development zoning. (f) Set Back Requirements-Any structure up to and including four (4) stories in height must provide a minimum total side yard of forty feet (40' ) . Minimum required side yard can one side of the structure is twenty feet (20' ) . Any structure above four (4) stories up to and including 8 stories in height must provide a minimum total side yard of eighty feet (80' ) . Minimum required side yard on one side of the structure is forty feet (40' ) . Any stucture beyond 8 stories in height shall provide an additional 5 feet of side yard for each 2 stories in excess of 8 stories. (g) Open-Space-Provide and maintain in accordance with city ordinances specified herin minimum of forty percent (40%) of the property in the development as reserved open space. (h) An mulit-story multi-unit structure shall be fire protected as per National Fire Protection Association Publication 13-D. SECTION 6. PENALTY-Any person, firm corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. SECTION 7. SEVERABILITY-It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 8. PUBLICATION-The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. SECTION 9. EFFECTIVE DATE-This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary APPLICATION TO , I Board of Adjustment and Appeals (Building) ORDINANCE 83-15 I Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 ' NAME . ADDRESS • LOT BLOCK SUBDIVISION �g�,�, BASIS OF APPLICATION: Interpretation I1 Special exception for use or development 1 I Variance LiRezoning 1 I Exception to Building Code EXPLANATION: eaveickie. tnne4dr4eirt -iv .e..40-# di'vrszew Or 2&n e. Ors n, ijieirr. i4lo e ?ftwo:5hpa mad rthin, eva,s. • SIGNITURE of APPLICANT ,_,1 / _ _ / . A . �- DATE ifigA ' Must be accompanied by filing fee of $ Received: ; Date: CODE ENFORCEMENT OFFICER 7O