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12-02-1996 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX December 2, 1996 6:30 pm CALL TO ORDER ACTION ITEM 1. Discuss and Consider approval of the Minutes from the November 4, 1996 Regular Business Meeting. PUBLIC HEARING 1. Hold a Public Hearing and consider a recommendation to the City Council a request from Roy Jacobs (Jimmie Ray Jacobs,P.O.A.) for approval of a zone change from"A", Agricultural to `B-2",Business District for the property located on the south side of FM 544 just east of FM 544 and Regency Drive and further described as lots 2 and 3, Block B of Jacobs Addition. 2. Hold a Public Hearing and consider a recommendation to the City Council for a Zoning Ordinance amendment by making certain changes in the text of the Sign Regulations, specifically section 27.17 (c.1). This section defines wall sign standards. The proposed change concerns increasing the maximum allowable square footage of the sign from the current specifications. CITIZEN PARTICIPATION ADJOURNMENT Posted Wednesday,November 27, 1996 at 5:00 pm THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR IDD AT 442-8170. Planning & Zoning Commission #1 Action Item Re: Approval of the Minutes from the November 4, 1996, Regular Business Meeting December 2, 1996 Consider approval of the Minutes from the November 4, 1996 Regular Business Meeting. Note any changes or additions which need to be made. MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on November 4, 1996, at 6:35 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Cecilia Wood, Steve Ahrens, Stuart Allison and Tim Owen. ABSENT: Rich Eckman- excused, John Crowe - resigned. STAFF MEMBERS PRESENT: Director of Community Development-Mke Phillips,Planner - Kelley Shaw and Secretary- Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from October 7, 1996 Regular Business Meeting. A motion was made by Steve Ahrens, seconded by Tim Owen to accept the minutes as presented. Motion carried, all in favor(5). ITEM NO. 2: Discuss and Consider a recommendation to the City Council for approval of a Final Plat (Approved for Construction) for the Novid Business Park Addition submitted by Novid Properties,Inc. located north of the intersection of FM 1378 and FM 3412 (Brown Street) and being part of a 14.497 acre tract out of the Charles Atterbury Survey, Abstract No. 22. Chairman Peddicord asked Staff for comment. Mike Phillips,Director of Community Development, stated that City Council approved the Preliminary Plat and Novid Properties, Inc. is now seeking Final Plat approval for construction and all fees have been paid. Motion was made by Steve Ahrens and seconded by Cecilia Wood to recommend to City Council approval of a Final Plat (Approved for Construction) for the Novid Business Park Addition. Motion carried, all in favor(5). ITEM NO. 3: Discuss and Consider a recommendation to the City Council a request from Myran Corporation for approval of a Preliminary Plat for the Newport Harbor Subdivision. This property is located north of the intersection of FM 1378 and FM 3412 (Brown Street) and more specifically described as being 87.781 acres out of the J.C. McUlmurry Survey, Abstract No. 629. Mike Phillips, went over some of the corrections on the Preliminary Plat. Questions were raised regarding infrastructure, drainage easements and front entry vs. rear entry. The infrastructure is adequate for the first phase proposed for construction, with additional phases requiring additional infrastructure which the developer will be responsible for. Drainage and drainage easements were discussed and will be specifically addressed in the Final Plat. The majority of the lots will be rear entry with only a small percentage being front entry (approx. 10%) to give the buyer a choice. Minimum requirements for SF-3 zoning have been met, if not exceeded. Motion was made by Tim Owen, 1 seconded by Steve Ahrens to recommend to City Council approval of the Preliminary Plat for the Newport Harbor Subdivision. Motion carried,3 in favor(Tim Owen, Steve Ahrens,Bart Peddicord), 2 against (Cecilia Wood, Stuart Allison). CITIZEN PARTICIPATION None ADJOURNMENT ADJOURN: A motion was made to adjourn by Steve Ahrens, seconded by Tim Owen. Motion carried, all in favor(5). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, S etary 2 Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of Zone Change December 2, 1996 Issue Hold a Public Hearing and consider a recommendation to the City Council a request from Roy Jacobs (Jimmie Ray Jacobs, P.O.A.) for approval of a zone change from "A" Agriculture to "B-2" Business District for property located on the south side of FM 544 just east of FM 544 and Regency Drive and more particularly described as lots 2 and 3, Block B of Jacobs Addition. Background Jimmie Ray Jacobs (Roy Jacobs' brother), by Power of Attorney, is requesting to have the above mentioned property's zoning classification changed from "A" Agricultural to "B-2" Business District so that it will legally accommodate the type of businesses that are inquiring about possible lease agreements for the use of the property. This area was at one point in time mostly owned by the Jacobs family. The Jacobs family has slowly sold off most of this land (including some of what is now known as Regency Business Park) and now currently owns the property mentioned in this request as well as one other parcel just west of this property. Most of the Regency Park area was changed from agricultural zoning to industrial and commercial zoning in 1984 and 1985. Said lots 2 and 3 were annexed into the Wylie city limits in December, 1995 as part of the 544 annexation and are the only remaining lots in the Regency Park area that are still zoned as agricultural land. The industrial and commercial zoning districts located here are consistent with the Comprehensive Land Use Plan's land use classification for this area. Financial Considerations N/A Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of the zone change request. Re-zoning of this property to "B-2" Business District is consistent with the Comprehensive Plan's land use designation for this area. It is staffs position that "B-2" Business District designation for this property is desirable so as to provide a buffer between the industrial property behind it and FM 544. This property is surrounded by industrial/commercial zoned property and as such would not present any conflict with surrounding land uses. With the Zoning Ordinance having been officially adopted and in effect, this property will have to conform to all zoning and building regulations (building set-backs, screening, site plan review, etc.). This is not the case with some of the other lots in that area where non-conforming uses exist. Property zone change notifications were sent out to all persons owning property within 200 feet of said property and to date no responses have been received. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee a - • Date /07)?/ 6 9'7'2 Applicant U y \kcap6s Phone No. 41 2 3 — ?D 26r Mailing Addres : Work No. 4/5' )/� r LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 1o7-c vt 3 8/ c �' D V4-c--exs ' &zcJ. I herety request that the above described property be changed from its present zoning which is /, '(G. District Classification to g �, District Classification for the%ollowing reasons: (attach separate sheet if necessary) • There (are) (are not seed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owne Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed 4 Aa'71( t Page 2 of 2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner.of the zoning request must also be submitted. PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, December 2, 1996, at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North. If action is taken, the City Council will hold a meeting on Tuesday, December 10,1996, at 7:00 p.m. at the same location mentined above to consider approval of a zone change from "A" Agriculture to "B-2" Business District for Roy M. Jacobs for his property located on the south side of FM 544 just east of FM 544 and Regency Drive and more particularly described as follows: Lots 2 and 3 of Block B, out of the Jacobs Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Jacobs Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N, Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address NOTIFICATION REPORT APPLICANT: APPLICATION FILE# Name &Address ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS -t-eel /rid,e,:.SfY"rl �c4:1.u.�)_, P (01 0y4A/.Lr ',c:/�a -z,e..1ev-) TX. 7(7,A L-- A l k ct;(.:y Liclili,, Pol Plze.-1.,c.o x 75-6'751 5 1 // So.olf pcul(i&-t-Ilk2.-7 )--- 423P-.).9 ,Se-z4/Lfa__ Fe .t"-fizA-e- ' / ,--2-r)- ___--- 1)0/1/1 a- 4 1,0ei,5,5a.,/? (Z/.; te?ii: Al,(4-1)6111-.,0 ( ,-,2 3 ,_ - Pc /Sox 6- 20 2 z,c't h ui'i 11 5 ;'7 L.�t.(ea..4 u{ Tx •7 cc C i/ ,.2L- ___—__ ?TM/L.0- crk.e,-66, -- wc R06,ecA ,___-- ,-)„,-, di/i.e._.6 9..,2c/4"/11-'::1'C,J71);.1.17.E.L.0 "1,7}74 .J7 , Nc.x aitt,,,zi.5,0)A, p,,,.,,, 73, 7,--,,,_.3 .c - -- Vic- C C�c.Lti� , ._ (�L�t ., 0 ic — teilli'alll ..c., Oil_‘ zz..--1,-- ,s,s- I 0. FM „CV Li ,2() NO /)M, \_ 2-,1-ti.t_s-rL „� Pla.4� TX "75T'7 Vic' '� / 842.�r�7b"� a L, 11. 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LI • � J ' - - - o: ; ijH •• IIl`e _�C1ty , I • / Oiilf\1N I PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, December 2, 1996, at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North. If action is taken, the " City Council will hold a meeting on Tuesday, December 10,1996, at 7:00 p.m. at the same location mentined above to consider approval of a zone change from "A" Agriculture to "B-2" Business District for Roy M. Jacobs for his property located on the south side of FM 544 just east of FM 544 and Regency Drive and more particularly described as follows: Lots 2 and 3 of Block B, out of the Jacobs Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Jacobs Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N, Wylie, Texas 75098 4, I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below • 1. Wo-r 7et9i0 /44 - 2. ' r D 0,0 0-* cr �'�'� f> . 3. Signature 1762?, Printed Name let/1 \l7166 Address 4L/5 L„ iJ� (��4' / 757 L` PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, December 2, 1996, at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North. If action is taken, the " City Council will hold a meeting on Tuesday, December 10,1996, at 7:00 p.m. at the same location mentined above to consider approval of a zone change from "A" Agriculture to "B-2" Business District for Roy M. Jacobs for his property located on the south side of FM 544 just east of FM 544 and Regency Drive and more particularly described as follows: Lots 2 and 3 of Block B, out of the Jacobs Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Jacobs Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N, Wylie, Texas 75098 pi, I am in favor of the request for the reasons listed below U I am opposed to the request for the reasons listed below 1. k i i- z t6,vE-$ T �- 2. ND 7---eoPki2 3. Signature /1( G Printed Name I4 fill Address 4/5 , Cam,ge P/Okv/ -� s Planning & Zoning Commission #2 Public Hearing Item Re: Recommendation for Approval of Sign Regulations Amendment December 2, 1996 Issue Hold a Public Hearing and consider a recommendation to the City Council for a Zoning Ordinance amendment by making certain changes in the text of the Sign Regulations, specifically section 27.17(c.1). This section defines wall sign standards. The proposed change concerns increasing the maximum allowable square footage of the sign from the current specifications. The current requirements are as follows: "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." The proposed change in the text would amend the requirements as follows: "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 greater." Background The City of Wylie adopted it's official Zoning Ordinance on May 7, 1985. The Sign Regulations are contained within the Zoning Ordinance. On April 13, 1993, the City Council amended the Zoning Ordinance by replacing the original sign regulations with a new revised section (Ordinance No. 93-22). Signs are recognized as an integral and specific land use in a community and as such should have specific standards to protect the health, safety and welfare of the community and its residents. Contained within the sign regulations section are definitions defining the types of signs referenced throughout the section. There is an administration section which states the procedural steps one must follow when establishing a sign (permits, inspections, appeals, etc.). Sign limitations are also a part of the regulations. The sign limitation section is the section where the proposed change in text would occur. Prohibited signs and sign uses are listed as well. The occurrence that brought this maximum allowable square footage issue to light was a request by Prima Care medical facility for a variance from the adopted sign regulations which limited them by its design standards to a forty (40) square foot sign. Prima Care felt that a forty (40) square foot sign was too small for the size and location of their building. Prima Care representatives stated that they were an emergency care facility and as such needed a sign that could be easily seen from Highway 78 and that a 40 square foot sign did not meet that criteria. The request for a variance was denied by the Zoning Board of Adjustments because they did not feel there was any hardship proven by the applicant. Financial Considerations N/A Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation Staff recommends approval of the change in text (lesser to greater) of section 27.17(c.1). The text that is currently present in this section is intended to protect the City of Wylie from large, overbearing and aesthetically unpleasing signs. It is staffs position that although the intent is understood and warranted, the "40 square foot or 2 times the lineal square footage of the wall area available, whichever is lesser" requirement is too restrictive for a viable business sign. The reality of this restriction is that if the building which the sign is to be located on is more than 20 feet in width (which is most likely), the maximum allowable total square footage of the sign will always be 40 square feet. The original ordinance (Plano's sign ordinance) that was used to formulate these regulations has "greater" as its qualifying text. There are other checks and balances within this section which protect against the types of signs that these regulations are meant to prevent. They are as follows: "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." "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." It is staff's position that such a small sign on a larger building can even have a negative impact on the architectural style of the building ( it looks bad). Taking into consideration the intent of the regulations and satisfied with the design mechanisms that are in place providing additional guidelines, staff recommends approval of this amendment. Attachments Public Hearing Notice, Sign Regulations, Sign Examples PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, December 2, 1996, at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North. If action is taken, the City Council will hold a meeting on Tuesday, December 10,1996, at 7:00 p.m. at the same location mentined above. This hearing is to consider approval of a proposed change in the text of the sign regulations contained within the City of Wylie's adopted Ordinance • 3) Exterior walls construction for all residential 26.2 In other districts, an accessory building is a uses in districts where permitted other than subordinate building,the of which is incidental fisted above shall meet the requirements of this to and used only in conjunction with the main section. building. 4) Where more than 60%of existing number 263 An accessory building is restricted in height to of residential structure along both sides of a fifteen feet (15') or the height of the main street and lying between the two nearest structure,whichever is less. intersecting streets do not meet the above minimum standards,the Building Official may 26.4 Area Regulations for Accessory Buildings in allow new construction to be equal to that Residential and Apartment Districts: majority existing, but in no case less than required by the Uniform Building Code. 1) Size of Yards: a) Front Yard: Attached front 25.7.2 Non Residential Exterior Wall Standards: accessory building shall have a front 1) Minimum exterior wall standards for non yard not less than the main building or residential structures shall be of at least 75% as specified in the particular district. brick, stone brick veneer, custom treated tilt Accessory buildings and carports wall,decorative concrete block,glass. These shall be located in the area defined as standards shall apply to any wall or portion of the rear yard. wall fronting, siding or backing upon a thoroughfare,and on all walls facing or abutting b) Side Yard: There shall be a side residential zoned districts. yard not less than five feet(5')from any side lot line, .alley line, or 2) This construction standards shall apply to easement line;except that adjacent to the following districts: a side street,the side yard shall never be less than twenty feet(20'). R B-1 .. - c) Rear Yard: There shall be a rear • • B-2 • •yard not less than three feet(3')from I . any lot line, alley line, or easement • line. 3) The minimum exterior wall standards for Planned Development and Specific Use Permit - (d) Attached rear yard garage and shall be of exterior fire resistant construction as carports shall meet all code specified by the amending ordinance. requirements for fire resistant separation from the main building as 25.7.3 Exterior fire resistant construction as herein well as required rear yard setbacks. specified for residential structures shall consist Detached rear,garages and carports • of the designated percentage of the total exterior shall be no closer than five feet(5)to wall surface exclusive of windows and doors. the main building. Detached garage ,.L shall have a twenty feet (20) rear setback. Detached carport-shall have SECTION 26 a fifteen feet(15)rear setback. ACCESSORY BUILDING REGULATIONS (e) All accessory buildings shall be a:•. minimum of five feet (5') from the main building. 26.1 In a residence or apartment district, an (2) Area of Building: The maximum square accessory building is a subordinate building . foot area for any accessory building shall be six exceeding one hundred twenty(120)square feet hundred feet(600')or less. of floor area,attached to or detached from the main building,without separate bath or kitchen (3) The area regulations as specified in this facilities,not used for commercial purposes and section shall be an exception to the size of yards not rented. requirements as set out and established in any particular district in which an accessory Page 33 Suppi. No. 1 , building is subject to the specific provisions of under normal viewing conditions. • this section and not the area regulations of such particular district. (f) Where the sign or its elements are not in • compliance with the requirements of the National Electrical Code and/or Uniform Building code currently SECTION 27 adopted by the City. SIGN REGULATIONS Erect. The term"erect"shall be meant to build, This section has been deleted and updated by cons-truct,attach,hand,place,suspend or affix,and shall Ordinance No.93-22. also include the painting of signs on the exterior surface of a building or structure. 27.1 Definitions: For purposes of this section, the following definitions shall apply,unless clearly Flag. A piece of cloth,canvas,or other light indicated to the contrary: fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol • Awning. An architectural projection which or to signal or attract attention. provides weather protection,identity and decoration,and is supported by the building to which it is attached. It is .Facing or Surface. The word "facing" or composed of a lightweight rigid or retractable skeleton "surface"shall mean the surface of the sign upon,against structure over which a thin cover is attached which may or through which the message is displayed or illustrated be of fabric or other materials,and may be illuminated. on the sign. '•?' 'Banner. A temporary sign made of cloth, Gross Surface Area of Sign. The "gross surface area of a sign"is the actual area of a face of the canvas'or other light fabric. x . sign,unless the sign is not of a regular(square,rectangle, •• Canopy. A canopy is a roof like structure triangle,circle)shape. In the case of an irregular shaped which shelters a use such as, but not restricted to, a sign,the entire area within a single continuous perimeter gasoline pump island,and is supported by either one or forming the most applicable single regular shape more columns or by the building to which it is accessory enclosing the extreme limits of each sign shall be the and is open on two or more sides. "gross surface area". In the event two(2)or more signs share a single structure, each sign or panel may considered separately for square footage purposes,except Dilapidated or Deteriorated Condition. that the combined footage of such signs cannot exceed Dilapidated or deteriorated condition shall mean any the total square footage allowed for the sign. sign: Illuminated Sign. The term"illuminated sign" (a) Where elements of the surface or shall mean any sign which has characters,letters,figures, background can be seen as viewed from the normal or designs illuminated by electric lights,luminous tubes viewing distance (intended viewing distance), tohave ' or other mean's that are specifically placed to draw portions of the finished material or paint flaked, broken attention to, or to provide nighttime viewing or, the off,or missing,or otherwise not in harmony-with the rest subject matter on the sign face.. • of the surface;or • Incombustible Material. The term (b) Where the structural support or frame "incombustible material"shall mean any material which members are visibly bent,broken,dented,or torn;or will not ignite at or below a temperature of twelve - hundred (1,200) degrees Fahrenheit, and will not (c) Where the panel is visibly cracked or in the continue to burn or glow at that temperature. case of wood and similar products,splintered in such a way as to constitute an unsightly or harmful condition;or Logo. A"logo"is any design or insignia of a company or product which is commonly used in (d) Where the sign,or its elements are twisted advertising to identify that company or product. or leaning or at angles other than those at which it was originally erected(such as may result from being blown Non-structural Trim. The term "non- or the failure of a structural support);or structural trim"shall mean the retainer,battens,cappings, nailing strips,latticing and platforms which are attached (e) Where the message or wording can no to the sign structure. longer be clearly read by a person with normal eyesight Page 34 Suppl. No. 1 Pennant. Any lightweight plastic, fabric, or any temporary,on-site promotional sign pertaining to the other material,whether or not containing a message of development of land or construction of buildings. In } any kind,suspended from a rope,wire or string,usually residential districts, the intent of the sign shall be to in a series,designed to move in the wind. promote the subdivision and shall not display the name of any builder. Premise. Any parcel of real property,together with all buildings and structures thereon. Sign,Directory. A"directory sign"is any sign listing the occupants within shopping centers,industrial Searchlight. An apparatus capable of sites, retail districts, office districts, and commercial projecting a beam or beams of light in excess of two(2) sites. million peak candlepower or 250,000 lumen. Sign,Garage Sale. A"garage sale sign"is any Sign. A "sign" is any medium, including its temporary, on-site promotional sign for the sale of structure and component parts,which is used or intended personal household goods in a residential zoning district to be used to attract attention to the subject matter. A or on the property of a non-profit organization. sign may include but is not limited to any device,display, flag, banner,pennant,beacon,insignia,name,number, Sign,General Business. 'A"general business identification,illuminated translucent panel,or any other sign" is any sign which is used to identify a business, medium which is determined to be a sign. profession,service,product or activity conducted,sold or offered on the premises where such sign is located. Sign,Advertising. An "advertising sign" is any sign which promotes or advertises commodities or`y Sign, Ground (Temporary). A "temporary services not limited to being offered on the premises on ground sign" is any sign which has a display surface which signs are located. Advertising signs may be comprised of non-permanent letters which allows a designed to provide a changeable copy area. change of copy by adding or removing letters and is temporarily fixed to a vertical framework consisting of Sign,Agricultural. An"agricultural sign"is uprights and which is designed to be readily moved from any sign advertising options, features, or conveniences site to site. offered by a business and installed in a manner'. considered temporary by the enforcing authority. Sign,Identification. An"identification sign"= ' is any sign which is used to identify shopping centers, Sign,Amenity. An"amenity sign"is any sign industrial sites,retail districts and commercial sites. advertising options,features,or conveniences offered by a business and installed in a manner considered Sign,Inflatable. An "inflatable sign" is any temporary by the enforcing authority. hollow sign expanded or enlarged by the use of air or gas. Sign,Apartment. An"apartment sign"is any Sign,Institutional. An"institutional sign"is sign is any awning displaying a business name or logo. any sign used to identify schools,churches,hospitals and similar public or quasi-public institutions. Sign,Awning. An"awning sign"is any awning displaying a business name or logo. Sign, Marquee. A "marquee sign".is any permanent structure which is attached to and supported Sign,Billboard. A"billboard sign" is any pole by a building and which projects outward from the sign having a face exceeding one hundred(100)square building. feet, and which promotes or advertises commodities or services available at a location other than where the sign Sign,Monument. A"monument sign"is any is located and shall include those signs whose message sign mounted to a solid base support at ground level. space is available or lease,rent or hire. Sign,Multi-Purpose. A"multi-purpose sign" Sign,Construction. A"construction sign"is is an identification sign combined with either of the any temporary sign identifying the property owner, following: architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, (a) a directory sign construction or improvement of the premises on which and/or the sign is located. (b) a reader board sign Sign,Development. A"development sign"is Sign,Model Home. A"Model home sign"is Page 35 Suppl. No. 1 any temporary sign identifying a new home, either form of a V,when seen from above, with a maximum furnished or unfurnished, as being the builder or angle between the panels of forty-five(45)degrees. contractor's model open to the public for inspection. Sign,Wall. A"wall sign" is any sign erected.. Sign, Municipally Owned. A "municipally flat against an exterior wall,supported by the wall,and owned" sign is any sign which identifies a park,entrance having the sign face parallel to and not more than twelve to the City,place of interest within the City, and City- (12)inches from the wall surface. Neon tubing attached sponsored event, or any municipally owned facility. A directly to a wall surface shall be considered a"wall sign" municipally owned sign does not include traffic or street when forming a border for the subject matter,or when identification signs. directing attention to the subject matter or when forming letters,logos,or pictorial designs. Sign,Obsolete. An"obsolete sign"is any sign which no longer serves a bona fide use or purpose. Sign,Window. A"window sign"is any sign, . banner,poster,or display located on the internal surface Sign,Pole. A"pole sign"is any sign which is_ of the window of any establishment or which announces erected on a vertical framework consisting of one(1)or opening of said establishment. more uprights supported by the ground. • Sign Setback. Sign setback shall be the • Sign,Political. A"political sign"is any sign horizontal distance between a sign and the front or side promoting a political issue or a particular candidate for _ property line, as measured from that part of the sign, public office. including its extremities and supports, nearest to any point on any imaginary vertical plane projecting Sign,Portable. A"portable sign" is any sign : vertically from the front or side property line. which is not permanently attached or affixed to the ground, a building or other fixed structure or objects Sight Visibility Triangle. Where one street Portable signs include those signs installed on wheels, intersects with another, the "sight visibility triangle" is trailers,skids and similar mobile structures. the triangular area formed by extending two curb lines a distance of forty-five (45) feet from their point of t, Sign,Projecting. A "projecting sign" is any intersection, and connecting these points with an sign,except an awning,which projects perpendicularly imaginary line,thereby making a triangle. If there are no` ) from a building and which has one end attached to a , curbs existing, the triangular area shall be formed by building or other permanent structure. extending property lines a distance of thirty (30) feet from their point of intersection, and connecting these Sign,Reader Board. A"reader board sign"is points with an imaginary line,thereby making a triangle. any sign comprised of changeable letters which allows a Where a street intersects with an alley or driveway,the change of sign copy of adding or removing letter. The "sight visibility triangle"is the triangular area formed by sign copy shall conform to the category use of the sign measuring eight (8) feet to a point along the property allowed by this Ordinance. lines and joining said points to form the hypotenuse of • the triangle. 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 ADMINISTRATION legally zoned. 27.2 Sign Permit Required: It shall be unlawful Sign,Roof. A"roof sign" is any sign erected for any person to erect,replace,alter or relocate upon or above a roof or parapet of a building or structure. • any sign within the City without first obtaining a permit to do so from the Building Sign,Subdivision Entry. A"subdivision entry Official,except as may be hereinafter sign" is any free-standing sign identifying a residential provided. subdivision and located on site. 27.3 Nonconforming Existing Signs: Every sign Sign, Subdivision Wall Plaque. A lawfully in existence on the date of passage of "subdivision wall plaque" is any sign attached to an this Ordinance may be repaired without approved masonry screening wall. applying for a permit hereunder,but no such sign or sign facing shall be altered or moved Sign, V-Shaped. A "V-shaped sign" is any unless a permit be issued pursuant to the free standing sign constructed of two (2)panels in the provisions of this Ordinance. In the case Page 36 Suppl. No. 1 where a sign facing is being replaced for the feet in area for public,charitable or same business,a permit is not required. religious organizations when the same are Temporary permits granted prior to the located on the premises of the institutions. passage of this Ordinance shall be renewed only if the applicant complies with all e) Temporary construction signs,not provisions of this Ordinance. exceeding sixteen(16)square feet in area, denoting the architect,engineer or 27.4 Application for Sign Permit: Application for contractor,when placed upon premises a permit required by this Ordinance shall be under construction. made upon forms provided by the Building Official,and shall contain or have attached f) Occupational signs,not exceeding two(2) thereto the following information: square feet in area,denoting only the name and profession of an occupant in a a) Sign use classification commercial building or public institutional building. b) Name,Address and telephone number of the applicant. g) Memorial signs or tablets,names of buildings and date of erection,when cut c) Name,address and telephone number into any masonry surface or when of owner. constructed of bronze or other incombustible materials. d) Name,address and telephone number or person or firm erecting the sign. h) Flags,emblems and insignia of any governmental body and decorative displays e) A plan drawn to scale showing the for holidays or public demonstrations which• location of the building,structure or do not contain advertising and are not used as tract to which or upon which the sign is such. In addition,a single flag which shows to be attached or erected. an emblem or logo of a firm or corporation is allowed when it is erected on a freestanding f) Position the sign in relation to nearby flagpole with a minimum setback of eight(8) buildings or structures or other related feet behind the property line. signs. i) On-site,directional signs are not exceeding g) Such other information as the Building eight(8)square feet,provided such Official may require to show full directional signs do not contain advertising compliance with this Ordinance and all and are not used as such. When such signs other laws and Ordinances of the City and are illuminated,a permit must be obtained for State. the electrical components of the installation. 27.5 Exemptions from Permit Requirements: A j) Traffic or street signs,legal notices, permit shall not be required for the following railroad crossing signs,danger,and such , • signs,provided however,such signs shall emergency,temporary or non-advertising otherwise comply with all other applicable signs as may be approved by the City Council sections of this Ordinance: or the City Manager or his authorized representative. a) Signs not exceeding eight(8)square feet in area,which advertise the sale,rental or k) Signs located inside a building and which lease of the premises on which such signs are not displayed so as to be visible from are located. outside the building. Signs located in covered mall buildings shall comply with the current b) Nameplates not exceeding one(1)square Building Code and Electrical Code. foot in area. 1) Window signs,provided all other c) Temporary political signs on private requirements are met. property. m) Garage sale signs,maximum of eight(8) d) Signs not exceeding thirty-two(32)square square feet in area,and located on the Page 37 Suppl. No. 1 property where the garage sales is being held. 27.10 Permit Valid Only for One Hundred and Eighty (180)Days: lithe work authorized by a permit n) Copy change only for previously permitted issued under this Ordinance has not been Advertising signs designed to provide a commenced within one hundred and eighty changeable copy area. (180) days after of issuance, the permit shall become null and void. 27.6 Signs Requiring Electrical Inspection: The primary alternating current wiring on all signs 27.11 Permit Revocable: The Building Official may shall comply with the National Electrical suspend or revoke any permit issued under the Code Specification. All secondary provisions of this Ordinance whenever he shall transformer power shall be self-contained determine that the permit is issued in error or within the sign structure. Individual lighted on the basis of incorrect or false information letters not containing secondary wiring and supplied,or whenever such permit be issued in components shall be contained within the violation of any of the provisions of this common metal channel. Ordinance or any other Ordinance of this City of laws of this State or the Federal Government. '.. Both channel and letters must contain weep Such ssuspension or revocation shall be effective _ holes to drain water,each hole shall not be when communicated in writing to the person to larger than one-half(1/2)inch,nor smaller whom the permit is upon which the sign is than one-fourth(1/4)inch. No combustible located. Any signs installed under a revoked materials other than approved plastics shall be permit shall be removed by the permit holder, used in the construction of any sign containing sign owner,or property owner within ten(10) electrical wiring. days of written notice of the revocation. 27.7 Issuance of Permit: Providing that the 27.12 Inspection: The Building Official may inspect applicant has complied with all provisions of annually, or at such other times as he deems 'this Ordinance,and that the proposed sign necessary, each sign regulated by this complies with all provisions of this Ordinance for the purpose of ascertaining Ordinance,the Building Official shall issue whether the same is secure or insecure,whether , the sign permit to the applicant. it still serves a useful purpose and whether it is in need of removal or repair. 27.8 Not to Issue to Persons Previously Failing to Pay Fees: The Building Official shall not 27.13 Removal of Obsolete Signs: Any sign which issue a permit under the provisions of this the Building Official determines no longer Ordinance to any person who has previously serves a bona fide use or does not conform to failed or refused to pay any fees or costs this Ordinance shall be removed by the owner, assessed against him under the provisions of agent or person having the beneficial use of the this Ordinance. land,buildings or structure upon which sign is located within ten (10) days after written 27.9 Investigation Fee: Work Without a Permit: notification to do so from the Building Official. a) Investigation. Whenever any work for 27.14 Removal or Repair of Dilapidated or which a permit is required by this Ordinance peteriorated Signs: If the Building Official has been commenced without first obtaining a shall determine that any signs exists in a permit,a special investigation shall be made dilapidated or deteriorated condition, or is a : before a permit may be issued for such work. menace to the public, he shall give written notice to the person or persons responsible for b) Fee. An investigation fee,in addition to the such sign. The permit holder,owner,agent or permit fee,shall be collected whether or not a person having the beneficial use of the premises permit is then or subsequently issued. The shall remove or repair the sign within ten(10) investigation fee shall be equal to the amount of days after such notice. The Building Official the permit fee required by this Ordinance. The may cause any sign which is an immediate peril payment of such investigation fee shall not to persons or property to be removed exempt any person from compliance with all summarily and without notice. other provisions of this Ordinance nor from any penalty prescribed by law. 27.15 Removal Expenses: Any sign described under Sections 27.10, 27.12, or 27.13 shall be Page 38 Suppl. No. 1 removed be the permittee, sign owner, or a) Projecting Signs: The horizontal portion of property owner within ten (10) days after any projecting sign shall not be more than six written notification to do so by the Building (6)feet in length,not to exceed 12 square feet, Official. Upon failure to comply with such measured from the building face and shall not notice, the Building Official is hereby be closer than two(2)feet from the back of the authorized to enter upon the property upon curb line. The height of the sign shall not which sign is located,and to cause the removal exceed two (2) feet. Such signs shall be an of such sign. The owner of the land,building or integral part of the architectural design of the structure to which sign is attached and upon building. Vertical clearance shall be subject to which it is erected and the owner of such sign the requirements of subsections(d) and(e)of and the sign permittee are jointly and severably this section. liable for any expense incident to removal. b) Marquee Signs: Marquee Signs shall be 27.16 Appeals: Appeals to the provisions of this built as an integral part of the marquee and Ordinance shall be heard by the Board of shall be constructed of incombustible material. Adjustments as described in the Zoning Such signs shall not exceed forty (40) square Ordinance in accordance with the following: feet or the product of two(2)times the lineal The Board shall consider as criteria for granting footage of the building or store frontage for •a variance such factors as the type of sign,the which such sign is intended, whichever is location,existence of signs in the general area, greater. Such signs shall not have a vertical and such other factors as they deem pertinent. height of more than six (6) feet nor exceed No variance shall be granted by the Board if the seventy-five(75)percent of the width of such •same conflicts with the spirit of this ordinance, building or store frontage. Marquee signs shall which is one of providing public safety, not extend above the wall to which they are adequate lighting provisions, open space and attached. Vertical clearance shall be subject to air,conservation of land,protection of property the requirements of subsections(d) and(e)of values, and encouraging the highest and best this section. Marquee signs may be use of the land. illuminated. In considering the request for variation to c) Wall Signs: requirements of this Ordinance, the Board of 1) Wall signs shall not exceed forty Adjustments shall consider,but not be limited (40)square feet of the product of two to, the degree of variance, the reason for (2)times the lineal footage of the wall variance requested,the locations of the variance area available to such signs or store request,the duration of the requested variance, frontage for which such signs are the effect on public safety, protection of intended, whichever is lesser. Such neighborhood properly,the degree of hardship signs shall not have a vertical height or injustice involved, and the effect of the of more than six(6)feet,nor exceed variance on the general plan of regulating signs seventy-five(75)percent of the width with the City. The decision of the Board of of the available wall area or store Adjustment shall be final. A variance from this frontage. Vertical clearance shall be , • Ordinance is valid only if a permit is secured subject to the requirements of within ninety (90) days from the date of the subsections (d)of this section. Wall decision. signs shall not extend above the wall to which they are attached. Wall signs When considering an appeal to this Ordinance, shall be limited to the following members of the Board of Adjustment shall categories: Advertising, Apartment, constitute a quorum. A concurring vote of a Construction, General Business, majority of those present shall be necessary to Identification, Institution, and Real render a decision in favor of the appellant,or to Estate signs. overrule any interpretation of this Ordinance by the Building Official. 2) In the case where two(2)or more wall signs are installed in a single wall area, the gross surface area may not SPECIFIC LIMITATION PROVISIONS exceed two(2)times the lineal width of the wall area available to such 27.17 Requirements for Wall Signs: signs. Such signs shall not be Page 39 Suppl. No. 1 arranged as to have a vertical height g) Subdivision Wall Signs or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques are limited to combination of the sign widths,when residential zoning districts and shall not exceed placed side by side,shall not exceed thirty(30)square feet. Subdivision wall signs seventy-five(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by means of spot-lighting only. Subdivision wall 3) General business wall signs must signs or plaques shall only be allowed in the be located over the business for which absence of a free-standing subdivision entry they are intended. Wall signs may sign. illuminated, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are shall be prohibited unless facing a permitted. The total area of all window signs non-residential zoning district. on an elevation of a building may not exceed twenty-five(25)percent of the window area of d) Projection Over Private Property: that elevation. ;,.`Projections other than awning or canopy signs 27.18 Requirements for Free-Standing Signs: over private property shall be allowed over pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Signs shall but not to exceed the following: be erected in districts zoned B-1,B-2 and I,and shall not exceed one hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet minimum of sixty(60)feet. e) Awning Signs: An awning sign may extend b) Agricultural Signs: Agricultural signs, the full length of the wall of the building to limited to advertising produce crops or animals which it is attached and shall be no more than on a farm,may be erected in any Agricultural six (67)feet in height and shall not be placed (A) zoning district, and shall not exceed fifty less than seven (7) feet above the walking (50) square feet. Maximum height of an surface below it. Art work or copy on awning agricultural sign shall be fifteen(15)feet with signs shall be limited to a business name and/or a required setback of thirty(30)feet from the logo and shall not exceed twenty(20)percent front and side property lines. Spacing between of the area of the awning and shall extend for no signs shall be a minimum of two hundred(200) more than fifty(50)percent of the length of the feet. awning. • c) Apartment Signs: Apartment signs may be • f) Canopy Signs: A "canopy sign" may'be erected in any residential zoning district, and placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. , canopy. The sign may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10)feet for a monument sign and twelve canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback (10)percent of the face of the canopy of which of fifteen(15)feet from the front property line. it is a part of or to which it is attached, or a • Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. whichever is greater. An illuminated stripe may be incorporated into a canopy. The stripe d) General Business Signs: may extend along the entire length of the face of 1) General Business signs may be the canopy. The width or thickness of the stripe erected in non-residential zoning shall be limited to one-third(1/3)of the vertical districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of a general or stripe is permitted. business sign shall be ten(10)feet for a monument sign and twenty(20)feet Page 40 Suppl. No. 1 . for pole signs. Required setback portion shall not exceed seventy(70) shall be eight(8)feet from the front square feet and the reader board property line and shall be located a portion shall not exceed thirty (30) minimum of six (6) feet from square feet. Multi-purpose signs may adjoining private property lines and a have any combination of directory and minimum of sixty(60)feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose signs,the maximum overall general business signs must be area shall be two hundred and twenty- constructed of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five 1) An identification sign may be - . (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification •4) Maximum height shall be ten(10) sign shall be ten (10) feet for a feet for multi-purpose monument monument sign and twenty(20)feet signs and twenty(20)feet for multi- for pole signs. Required setback shall purpose pole signs. _ k; , ' be eight (8) feet from the front property line and six (6) feet from 5) Required setback for multi- adjoining private property lines, and purpose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60)feet from any other free- property liners. Multi-purpose signs standing sign. are limited to one(1)per street front • and a minimum spacing of sixty(60) 2) Identification signs shall be feet from any other free-standing sign constructed of materials that are not must he maintained. subject to deterioration when exposed to the weather. Such signs, when 6) Multi-purpose signs shall be • internally illuminated, must be constructed of materials not subject to constructed of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally , • illuminated must be constructed of f) Institution Signs: Institution signs may be incombustible materials or approved erected in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten(10) h) Municipally Owned Signs: Municipally feet,except that monument type signs in non- owned signs may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100) square feet with a maximum height of ten(10) square feet,shall be reviewed by the Building feet. Required setback shall be fifteen(15)feet Official for specific approval. Municipally from the front property line and institution signs owned signs shall not be placed in any sight are limited to one(1)per street front. visibility triangle and shall be located at least twenty-five(25)feet from any privately owned g) Multi-Purpose Signs: parcel of land. Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20)feet in overall height. Page 41 Suppl. No. 1 i) Subdivision Entry Signs: Subdivision entry (32) square feet with a maximum height of signs may be erected in residential zoning fifteen (15) feet. Required setback shall be districts and shall not exceed thirty-two (32) twenty (20) feet from front property line and square feet with a maximum height of two(2) signs are limited to one per street front. A feet,six(6)inches. Required setback shall be construction sign shall be removed prior to the three (3)feet from the front property line and issuance of a Certificate of Occupancy or in the signs are limited to two (2) per subdivision case of dwelling prior to the final building entryway. Free-standing subdivision entry inspection. Construction signs at sales offices signs shall only be allowed in the absence of in residential subdivisions may remain until the subdivision wall signs or plaques. Certificate of Occupancy for the office is invalid. j) Projections or Overhangs on Free-standing . Signs: Any projecting or overhanging portion c) Development Signs: Development signs of a free-standing sign must be a minimum of may be erected in non-residential and ten (10)feet above any walkway and fourteen residential zoning districts,and shall not exceed (14)feet above driveways. one hundred (100) square feet. Such signs must he related only to the property on which k) No advertising matter shall be displayed on they are located. Maximum height of a or attached to any free-standing sign. No guys, development sign shall be twenty (20) feet. braces,attachments,banners,flags,balloons,or Required setback for a development sign shall similar devices shall be attached to any sign. be thirty(30)feet or the required building line if less than thirty(30)feet. Each development 1) Wheel or Bumper Guard Protection for Free- may have one(1)such sign or one(1)for each standing Signs: Free-standing signs shall be fifty(50)acres. A development sip must be protected by wheel or bumper guards when removed when the project is ninety(90)percent required by the Building Official. complete. In the case of a commercial project, ninety (90) percent complete means when a 27.19 Ilhunination: Certificate of Occupancy is issued for a shell a) A sign in a residential district, where building. For a residential project,ninety(90) allowed by this Ordinance,may be illuminated. percent complete means when ninety (90) Any illumination shall be located so as not to percent of the subdivision is permitted. produce intense glare or direct illumination across the bounding property line. Internal d) Model Home Signs: Model home signs may illumination shall not exceed 40 watts per every be erected in residential zoning districts and twenty-five (25) square feet or any portion shall not exceed sixteen(16)square feet with a thereof of the sign face. maximum height of six (6) feet. Required setback shall be fifty (50) percent of the b) Only a sign which has illumination that is distance between the front property line and • turned on and off at a rate equivalent to,or less building,but no less than ten(10)feet from the than twice and hour, excluding time and front property line. Model home signs are temperature,is permitted. limited to one(1)per premise. Each builder in subdivision may have one(1)model home'sign 27.20 Temporary Signs: and the permit for such sign shall be granted for a) Banners: A temporary banner is allowed a period of time to coincide with the validity of and shall be securely attached to the front or the model home's Certificate of Occupancy. side of a building structure. The total number •• of banners per business shall not exceed two(2) e) Political Signs: Political signs are allowed per calendar year, and a banner shall not be on private property and shall be prohibited on displayed for more than one (1) consecutive rights-of-way, or any other public property. thirty(30)day period during the calendar year. Political signs may be placed no more than Banners shall be kept in good repair and remain fifteen (15) days after the election has taken firmly anchored or secured. Banners are place. Political signs placed on property which prohibited in single-family residential districts. is zoned residential may be no greater than thirty-two (32) square feet in area. Political b) Construction Sips: Construction signs may signs placed with the rights-of-way or upon be erected in non-residential and residential public property may be removed and disposed zoning districts and shall not exceed thirty-two of by City of Wylie personnel. Page 42 Suppl. No. 1 f) Real Estate Signs: Real estate signs maybe subparagraph (2) below is allowedfor two (2), two week periods each erected in non-residential and residential zoning calendar year per legal business. A districts and shall not exceed thirty-two (32) two week period will commence on square feet with a maximum height of fifteen the first day promotional signage is (15)feet. Required setback shall be eight(8) displayed. The two,two week periods feet from front property line and signs are limitedshall not occur in the same or to one per street front. A real estate consecutive months. A legal business sign shall be removed upon the sale of the shall include any commercial, property. . industrial, or institutional use for • g) Searchlights: Searchlights may be permitted which the Building Inspection Department has issued a Certificate of • • in accordance with any applicable regulations. Occupancy. In the case of a special A permit for use of an advertising searchlight romotion for a grand opening may be granted under the following additional .celebration, one (1) period may be regulations: extended to a three week period 1) A searchlight shall be located a provided the promotion commences minimum distance of fifty (50) feet within the first three(3)months of the from a public right-of-way and date of issuance of a Certificate of positioned so as to project all beams Occupancy and the grand opening is at a minimum angle of thirty (30) limited to the address noted on the degrees from grade level. Certificate of Occupancy. • 2) The maximum light intensity 2) Promotional signage may include generated by searchlights on any banners, flags, pennants, streamers, premise may not exceed a total of one balloons, inflatable signs, and any thousand six hundred(1,600)million legal signs allowed by these candlefoot power. No more than four provisions. A searchlight may be • (4)beams of light may be projected used provided it complies with all • from any premise. other provisions of this Article. Any , device described as promotional 3) All searchlights must be designed • signage shall but exceed an overall and maintained so as to prevent beam height of thirty-five(35)feet. rays of light from being directed at any portion of the travelled ways or 3) A separate permit is required for adjoining property,and no light shall each two week period promotional be of such intensity or brilliance to signage will be used. If any device cause glare to or impair the vision of described as promotional signage in • the driver of any vehicle. subparagraph (2) above is installed • prior to issuance of a permit, an 4) No advertising searchlight may be investigate fee will be assessed in , • operated between the hours of 11:00 addition to the permit fee. p.m. and 7:00 a.m. 4) Promotional signage shall be 5) No advertising searchlight may be contained on the property of the legal operated on a premise for more than business and shall not extend into the seven (7) consecutive days. No City right-of-way. Signage shall not permit for an advertising searchlight be located in any sight visibility may be issued for any business entity triangle nor shall any combustible for which a permit has been issued materials be placed in contact with for a searchlight on the same premise lighted signs or any electrical fixtures. within the last six (6) months preceding the date of the permit 27.21 a)General Free-standing signs shall notbe placed in ts for Free-Standing Signs: application. any sight visibility triangle. h) Promotional Signage: 1) Promotional signage described in b) In the case of a multiple-faced sign, the Page 43 Suppl. No. 1 gross surface area of each face shall not exceed 27.29 Mobile or Portable Signs: two (2) times the allowable square footage a) IT shall be unlawful to attach any sign to a divided by the number of sign faces. trailer,skid,or similar mobile structure,where the primary use of such structure is to provide 27.22 Wind Pressure and Dead Load Requirements: a base for such sign or constitute the sign itself All signs shall be designed and constructed to This provision does not restrict the withstand a wind pressure of not less than identification signs on vehicles used for any thirty(30)pounds per square foot of area,and bona fide business activity when said vehicle is shall be constructed to receive dead loads as legally licensed for use in public streets. required by the building code of the City of • Wylie. b) Signs attached to or upon any vehicle shall be prohibited where any such vehicle is allowed 27.23 Maintenance of Signs: All signs and supports to remain parked in the same location,or in the shall be maintained so as not to create a same vicinity, at frequent or extended periods dilapidated or deteriorated condition. of time,where the intent is apparent to be one of using the vehicle and signs for purposes of = 27.24 Construction Types: Monument and pole advertising an establishment, service .or construction types may be used for any free- product. Vehicles operating under a city standing signs. Monument signs are limited to franchise shall be excluded from this provision. a maximum height of ten(10)feet. c) A-frame signs and sandwich board signs are prohibited and unlawful. PROHIBITED SIGNS 27.30 Advertising Matter Placed on or Suspended 27.25 Obscene. Indecent and Immoral Material: It from Buildings, Light Fixtures, Poles, shall be unlawful for any person to display any Sidewalks,etc.: obscene material upon any sign,as defined by a) No person shall place on or suspend from Federal,State and Local Statutes or Ordinances. any building, light fixture, pole, structure, sidewalk,parkway,driveway or parking area, 27.26 Obstructing Doors.Windows,or Fire Escapes: any goods, wares, merchandise or other It shall be unlawful to erect, relocate, or advertising object or structure for the purpose maintain a sign to prevent free ingress to or of advertising such items other than a sign,as egress from any door,window or fire escape. defined, regulated and prescribed by this Ordinance, except as otherwise allowed by 27.27 Attachment of Standpipe or Fire Escape: It Ordinance. shall be unlawful to attach any sign to a standpipe or fire escape. b) Suspending from or placing signs on a light fixture shall be prohibited. 27.28 Interference with Traffic: It shall be unlawful • to erect,relocate or maintain any sign in such a 27.31 Painting, Marking, etc., Streets, Sidewalks, manner as to obstruct free and clear vision at Utility Poles.etc.: No person shall attach any,, any location whereby, by reason of position, sign,paper or other material, or paint,stencil size,movement,shape,color,flashing,manner or write any name, number (except house or intensity of illumination, such sign may numbers)or otherwise mark on any sidewalk, interfere with vehicular or pedestrian traffic. curb,gutter,street,utility pole,public building, Further,it shall be unlawful to erect or maintain fence or structure except as otherwise allowed any sign in such a manner as to interfere with, by Ordinance. obstruct the view of or be confused with any authorized traffic sign, signal or device. 27.32 Attaching Advertising Matter to Fences,Utility Accordingly, no sign shall make use of the Poles,etc.and Scattering Advertising Matter on words "Stop", "Go", "Look", "Slow", Streets and Sidewalks: "Danger", or any other similar word, phrase, a) No person,firm,corporation or association symbol or character or employ in any red, of persons, shall paste„ stick, tack, nail or yellow,orange,green or other colored lamp or otherwise place any advertisement, handbill, light in such a manner as to cause confusion to placard,printed,pictured or written matter or or otherwise interfere with, vehicular or thing for political advertising or other pedestrian traffic. advertising purposes upon any fence, railing, Page 44 Suppl. No. 1 sidewalk or public telephone,electric or other 27.36 Roof Signs: Roof signs are prohibited and utility pole, or any other public property, unlawful. including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 27.37 Billboard Signs: Billboard signs are prohibited Signs or other printed or written matter in and unlawful. violation of this section may be impounded and disposed of by the City. 27.38 Off Premise Signs: Signs advertising or promoting businesses, offices, retail, b) It shall also be unlawful for any person to commercial,or any other use permitted by this scatter or throw handbills,circulars,cards,tear ordinance,located at a place other than where sheets or any other advertising device of any the sign is physically located is prohibited. description, along or upon any street or sidewalk in the City of Wylie. SECTION 28 27.33 Signs Prohibited on or Over Public Property: PLATTING PROPERTY NOT No portion of any sign shall be erected on or PERN ANENTLY ZONED 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 §.'28.1 The planning and zoning commission of • permission of the City, for public purposes. the City of Wylie shall not approve any plat of • Any sign in violation of this section may be any subdivision within the city limits of the City impounded and disposed of by the City. of Wylie until the area covered by the proposed plat shall have been permanently zoned by the city Exception. Signs attached to the face of any council of the City of Wylie. building located in the Downtown District may be erected over the public sidewalk provided § 28.2 The planning and zoning commission of the City of Wylie shall not approve any plat or the sign projects no more than the width of the any subdivision within any area where a petition or sidewalk minus one (1) foot and provided the ordinance for annexation or a recommendation for clearance between the bottom of the sign and annexation to the City of Wylie is pending before the sidewalk below is a minimum of eight(8) the city council unless and until such annexation . feet. shall have been approved by resolution by the city council. 27.34 Certain Signs Prohibited: a) No sign shall be illuminated to such an § 28.3 In the event the planning and zoning intensity or in such a manner, as to cause a commission holds' a hearing on proposed glare or brightness to a degree that it constitutes annexation, it may, at its discretion at the same a hazard or nuisance. Moving, flashing, time hold a hearing upon the permanent zoning intermittently lighted,changing color,beacons, that is to be given to the area or tract to be revolving or similarly constructed signs shall annexed, and make a recommendation •on both not be allowed. Alternating electronic data matters to the city council so that the city council can, if it desires, act on the matter of permanent control components showing time and temperature may be allowed. zoning and annexation at the same time. h) No lighted sign shall be erected within one hundred and fifty (150) feet of a residential SECTION 29 district unless it meets the illumination criteria CLASSIFICATION OF NEW list in subparagraph(c)below. rr,nAND UNLISTED 27.35 Balloons. Flags, Pennants and Other Floating 5tc ?an Orck q a-7 Devices Used for Advertising Purposes: No § 29.1 It is recognized that new types of land person shall erect, maintain or permit the use will develop and forms of land use not erection of, for advertising purposes, any anticipated may seek to locate in the City of balloons. flags, pennants or other floating or Wylie. In order to provide for such changes and inflatable device permanently anchored to the contingencies, a determination as to the appropriate ground or to any other structure within the City classification of any new or unlisted form of land of Wylie except as approved under promotional use shall be made as follows: siguage. Page 45 Suppl. No. 1 SECTION 30 CREATION OF BUILDING SITE (1) The building inspector shall refer the question concerning any new or unlisted use to the planning and zoning § 30.1 No permit for the construction of a commission requesting an interpretation building or buildings upon any tract or plot shall • as to the zoning classification into which be issued until a building site, building tract, or such use should be placed. The referral building lot has been created by compliance with of-the use interpretation question shall be one of the following conditions: accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, (1) The lot or tract is part of a plat of record, properly approved by the planning and processing, type of product, storage and zoning commission, and filed in the plat - amount, and nature thereof, enclosed or records of Collin County,Texas. open storage, anticipated employment, transportation requirements, the amount (2) The plot, tract or lot faces upon a of noise, odor, fumes, dust, toxic - dedicated street and was separately owned material and vibration likely to be prior to the effective date of this generated and the general requirements for ordinance or prior to annexation to the •public utilities such as water and sanitary City of Wylie whichever is applicable, sewer' in which event a building permit for only one main building conforming to (2) The planning and zoning commission all the requirements of this ordinance shall consider the nature and described may be issued on each such original performance of the proposed use and its separately owned parcel without first compatibility with the uses permitted in complying with paragraph(1)preceding. the various districts and determine the zoning district or districts within which (3) The plot or tract is all or part of a site such use should be permitted. plan officially approved by the planning and zoning commission and compliance (3) The planning and zoning commission has been made with provisions and shall transmit its findings and improvements approved on such site recommendations to the city council as plan for all utility and drainage to the classification proposed for any easements, dedication of streets, alleys • new or unlisted use. The city council and other public improvements required shall, by resolution, approve the to meet the standards established for the recommendation of the planning and platting of land. zoning commission or make such • determination concerning the (4) Any and all plots, tracts or lots must be classification of such use as is provided access via a public street or determined appropriate based upon its drive findings. • (4) Standards for new and unlisted uses may SECTION 31 be interpreted as those of a similar use. When determination of the minimum NON-CONFQRNIING USES requirements cannot be readily AND STRUCTURES ascertained, the same process outlined in paragraphs (1), (2), and (3) above shall be followed. § 31.1 A non-conforming status shall exist under the following provisions of this ordinance: (1) When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous zoning ordinance and has been ' operating since without discontinuance. Page 46 Suppl. No. 1 IIc t I E I I E F 22'-9" I t - • prima' are Wear'-'," Ai fILIATE I} ; - - • • `f - cY r.+� .. J a� Yf sfa1 . TT "•� r ..rim � y f - Y' • - INSTALLATION LAYOUT SCALE: 1/16"=1'-O° • • APPROVED BY DATE REVISIONS DATE ��I,IVIA^II ^/l�E WORK ORDER - DESIGN 96-377A siGNART SALES NUMBER NUMBER CLIENT prima C are ® 791 S. HWY 78 SHEET OF G DATE 10/16/96 LANDLORD WYLIE, TX. SALES E. SANBORN 9030 PREMIER ROW DALLAS,TX.75247 PEP ARTIST T.V.M. PHONE(214)837-4455 FAX(214)537-4458 , I 12'-2" I - 1,.., {,..,. .-.. +d..� t,�sstk°'� ,,,- tom: -.. 4 K' -Th Y ni .FL" -. __p��`_ �C'.AA • INSTALLATION LAYOUT SCALE: 1/16"=1-0" APPROVED BY DATE REVISIONS DATE WORK ORDER _ DESIGN 96-377A sNART iG + i'RIMACARE NUMBER NUMBER LES CLIENT pr®a(e 791 S. HWY 98 SHEET OF 2 DATE 10,16/96 LANDLORDWYLIE, TX. SE E. SANBORN MTIST T.V.M. 9030 PREMIER ROW DALLAS,TX.75247 PHONE(214)837-4455 FAX(214)837-4458 2o • 4'9 * roeo 0.A: cl'Aatnce, - • Vloty... Alloweel-p 5CCI (.140-14-5C max. allow 6)61 %Ist,. Or 1 • I a Max. '\ • \.\\