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08-06-2002 (Planning & Zoning) Agenda Packet Planning & Zoning Commission City of Wylie August 6, 2002 Regular Business Meeting AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, August 6, 2002 7:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the July 16, 2002 Regular Meeting. WORK SESSION 1. Consider draft proposal of new sign regulations. ADJOURNMENT Q , Q a Posted Friday, August 2, 2002, at 5:00 p.m. 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 TDD AT 442-8170. MINUTES PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North, Wylie, Texas 75098 Regular Business Meeting August 6, 2002 7:00 pm Notice was posted in the time and manner required by law and quorum was present. Commission Members Present: Staff Members Present: William Chapman Claude Thompson, Director Michael George Mary V. Bradley, Secretary Don Hughes Terry Capehart, Planner Carter Porter Dale Jackson, Building Official Tony Snider Commission Members Absent: Jeff Adamcik Mike Phillips CALL TO ORDER Chairman George called the Regular Meeting to order at 7:10 p.m. PLEDGE AND INVOCATION Commissioner George offered the Invocation and Commissioner Porter led the Pledge of Allegiance. CITIZEN PARTICIPATION No one appeared to speak. CONSENT AGENDA ITEM 1. Consider and act upon approval of the Minutes from the July 16, 2002, Regular Meeting. Motion was made by Commissioner Chapman, seconded by Commissioner Porter, to approve the minutes as submitted. Motion passed 5 —0. P&Z Agenda July 16,2002 Page 2 of 5 PUBLIC HEARING 1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning from Agriculture (AG/28) and Planned Development District (PD 2001-51) for Single-Family Residential and Village Center Mixed Uses to Planned Development District for Single-Family Residential and Village Center Mixed Uses, being an amendment to PD 2001- 51 to add 5.791 acres to the Development Plan and amend the Conditions for Development, being a certain 470.00 acre tract of land situated in Collin County, Texas and being a part of the J. G. Jouett Survey, Abstract No. 475, the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and being part of those certain tracts of land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in the Executor's Deed as recorded in Collin County Clerk's File No. 95-0005773 and being a part of those certain tracts of land described in a deed to George S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in a deed to F.D. Feagin etux, as recorded in Volume 914, Page 697 of said Deed Records and also being all of Tract 2 and part of Tracts 1 and 4 described in a deed to Jimmie Jane Feagin as recorded in Volume 775, Page 58 of said Deed Records and being a part of a called 2.10 acre tract of land described in a deed to F.D. Feagin etux as recorded in Volume 757, Page 824 of said Deed Records and being all of that certain tract of land described in a deed to Edwina Collins Cook as recorded in County Clerk's File No. 93- 0039237 and being all of that certain tract of land described in the Quit Claim Deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in Collin County Clerk's File No. 96-0091287 and being all of that certain 5.791 acre tract of land described in a deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230, bringing the total acreage for PD 2001-51 to 475.80 acres. (Zoning Case 2002-05) Thompson stated that the original 470-acre Bozeman Farm Estates Planned Community was created by a Planned Development District (PD 2001-51) approved by the City Council in December 2001. The original PD permits a variety of single-family lot sizes (6,000, 7,500 and 8,500 square feet without alleys), approximately 250 apartments, a convenience retail center, a school or YMCA site, and connected these residential neighborhoods and nonresidential support uses by wide boulevards and extensive open spaces for trail linkages. The proposed revisions maintain the earlier Planned Development District substantially as adopted, except for the following changes: The Development Plan is amended to add 5.8 acres of land along the western side of the tract. The Conditions for Development are amended to allow the Development Plan to serve as a preliminary plat for each future phase of residential development rather than require review of both preliminary and final plats on each phase, (nonresidential uses will be required to submit Site Plans with Plats). P&Z Agenda July 16,2002 Page 3 of 5 The 5.8-acres of land was recently annexed into the City of Wylie specifically as an addition to this PD, and is zoned Agriculture (A) as a temporary District until a permanent zoning is established. Thompson stated that the added property will allow the widening of Collins Boulevard and relocate the primary western entry to Bozeman Farms Estates from further north on the earlier approved Plan. Commissioners expressed concern that there would be no review of the layout on the Commercial and Multi-Family uses, and no review of the drainage and utility issues or the type of layout unless a Site Plan is to be required for the non-residential and Multi-Family uses. Thompson stated that the Conditions for Planned Development District Section IV, the last sentence could be revised to read; The Development Plan shall serve as a Preliminary Plat for each phase of Single-Family development. All Multi-Family and Nonresidential development will submit Site Plans for review at time of submittal of Final Plats for each phase. Greg Rich, Bozeman Land Partners, 5001 LBJ Freeway, Suite 830, Dallas, Texas, represented the applicant for the property, stated that submitting a Site Plan and a Final Plat for the Nonresidential and Multi-Family uses will be complied with. A motion was made by Commissioner Porter, seconded by Commissioner Phillips, to approve the Zoning Change with stipulation that Section IV last sentence to be revised as follows: "Development Plan shall serve as Preliminary Plat for each phase of Single-Family Developments. All Nonresidential and Multi-Family Development will submit Site Plans for review at the time of submittal of Final Plats". Motion passed 6—0. ACTION AGENDA 1. Consider and act upon approval of a Site Plan for the Self Service Car Wash, generally located south of Kirby Street (F.M. 544) and east of State Highway 78, being Lot 6, Block A of the Martinez Addition, Phase III, situated in the E. C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Thompson stated that the development is for a self-serve car wash facility with eight attached wash bays and a separate covered area for drying and vacuuming. A solid masonry screen wall eight feet in height will be constructed along the east boundary, screening the adjacent single-family residential property to the south. Commissioner George expressed concern regarding the lighting shining off the residential property. Awad Eskander, Paradigm Consulting, 903 Redcedar Way, Coppell, Texas, represented as the architect for the subject property, stated that light fixtures will be under canopies and placed so that the light will not shine past the top of the 8 feet wall. P&Z Agenda July 16,2002 Page 4 of 5 Commissioners expressed concern for the 30-foot pole sign shown on the Site Plan. Thompson stated that the noted height is an error. The sign ordinance of the old Zoning Ordinance will still apply, and the City Council has not approved the new sign ordinance. The sign will be an internally illuminated pole mounted sign and will follow City requirements. Commissioners requested that the pole sign be replaced with a monument sign, and Eskander said that a monument sign would be used. Commissioner George questioned the location of the single required parking space. Eskander stated that the parking space can be moved from the southwest corner to the southeast corner of the lot, adjacent to the entry drive. The parking space is to serve only the attendant. Commissioner George questioned extending the screen wall further toward Kirby. Thompson stated that the wall could be extended another 10 feet but cannot extend into the front yard setback. Eskander stated that there was no problem extending the wall 10 feet to the north of the property. Commissioner Porter requested the definition of the equipment room and expressed concern for the open space between the building and the barrier wall. Eskander stated that the equipment room complies with the requirements for an accessory building, and that for safety reasons a chain link fence could extend from the back of the building on each side to the barrier wall. A Motion was made by Commissioner Phillips, seconded by Commissioner Porter, to approve the Site Plan with stipulation that there will be a monument sign; relocation of parking; extend back wall toward Kirby; and direct lighting away from the residential property. Motion passed 6—O. 2. Consider and act upon approval of a Site Plan for Custom Fit Products, Inc., located at 2811 Capital Drive, being Lot 7, Block B of the Regency Business Park Addition, City of Wylie, Collin County, Texas. Thompson stated that the Site Plan will construct 6,960 square feet of office/warehouse facility, including 960 square feet of office space and 6,000 square feet of warehouse on a 0.4663-acre platted lot. The building is placed diagonally across the lot in order to line the building with a 60 feet wide North Texas Municipal Water District easement, which cuts across the northwest corner of the property. Bill Morse, 1105 High Vista, Richardson, Texas, represented the applicant for the property stated that the business is building race cars for drag racing. There will be shrubs or living vines surrounding the north side of the lot, but there will be no outside storage or parking. Morse stated that the building will be brick and stone with EFIS over the top of the garage doors. Motion was made by Commissioner Porter, seconded by Commissioner Chapman, to approve the Site Plan as submitted. Motion passed 6—0. P&Z Agenda July 16,2002 Page 5 of 5 MISCELLANEOUS Thompson reminded the Commissioners of the joint work session with the City Council on July 23, 2002, to discuss the remainder of the Birmingham Farms land. Commissioners wished a happy birthday to Commissioner George and Commissioner Adamcik. ADJOURNMENT Motion to adjourn by Commissioner Hughes, seconded by Commissioner Adamcik. Motion passed 6—0, and meeting was adjourned at 8:30 p.m.. Vlizav_21A/10.4t Michael George, Chairman Mary V. Bradley, Secretary AGENDA PLANNING AND ZONING COMMISSION CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX 2000 Highway 78 North Wylie, Texas 75098 Tuesday, August 6, 2002 7:00 p.m. CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION CONSENT AGENDA 1. Consider and act upon approval of the Minutes from the July 16, 2002 Regular Meeting. WORK SESSION 1. Consider draft proposal of new sign regulations. ADJOURNMENT Posted Friday, August 2, 2002, at 5:00 p.m. 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 TDD AT 442-8170. SIGN REGULATIONS 1. INTENT 1 2. DEFINITIONS 2 3. ADMINISTRATION 5 A. Permits 5 B. Applications 5 C. Work Started Without a Permit 5 D. Permit Revocable 5 E. Nonconforming Existing Signs 6 F. Signs Exempt from Permit Requirements 6 G. Prohibited Signs 7 H. Inspection 8 I. Removal of Obsolete Signs 8 J. Removal or Repair of Dilapidated or Deteriorated Signs 8 K. Removal of Illegally Erected Signs 9 L. Removal Expenses 9 M. Appeals 9 F. Wind Pressure and Dead Load Requirements 10 G. Obstructing Doors,Windows, or Fire Escapes 10 D. Placement of Advertising Matter 10 F. Signs Prohibited On or Over Public Property 11 G. Illumination of Signs 11 H. Searchlights 11 5. ATTACHED SIGN REGULATIONS 12 A. Maximum Sign Area 12 B. Illumination of Attached Signs 12 C. Window Signs 12 D. Awning Signs 12 E. Projecting Signs 13 F. Marquee Signs 13 H. Canopy Sign 13 6. MONUMENT SIGN REGULATIONS 14 C. Gasoline Pricing Signs 14 D. Material Requirements 15 E. Illumination 15 F. Model Home Signs 15 7. OTHER TYPES OF SIGNS 16 A. Menu Board Signs 16 B. Subdivision Entry Signs 16 C. Directory Signs 16 D. Institutional Signs 16 E. Pole Signs 17 8. TEMPORARY SIGN REGULATIONS 18 A. Development Signs 18 B. Real Estate Sign 18 C. Promotional Signage 18 9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY 20 ii S IGN REGULATIONS 1. INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network; and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation o f s igns i s a substantial f actor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles,and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size,height,movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors b y c ontrolling the location,number, and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing requirements for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and 6. To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. City of Wylie Sign Code Page 1 2. DEFINITIONS Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting,except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick, tack,nail or otherwise affix a sign to any object; to paint, stencil,write, or otherwise mark on an object. Awning means an architectural projection that provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Building means a structure which has a roof supported by columns,wall or air for the shelter, support, or enclosure of persons, animal or chattel. Building Official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as,but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: A. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or B. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly or harmful condition; or C. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected(such as may result from being blown or the failure of a structural support); or D. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or E. Where the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of,the subject matter on the sign face. Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string,usually in a series, designed to move in the wind. City of Wylie Sign Code Page 2 Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the City. Public Right-of-Way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1 million peak candlepower. Sight Visibility Triangle means where one street intersects with another, the triangular area formed by extending two (2) curb lines a distance of forty-five (45) feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines a distance of thirty(30) feet from their point of intersection and connecting these points with an imaginary line thereby making a triangle. Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed by measuring eight (8) feet to a point along the property lines and adjoining said points to form the hypotenuse of the triangle. Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque, or poster visible from outside the lot on which it is located and designed to inform or attract the attention of persons not on that lot. Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space. Neon tubing attached d irectly to a w all surface s hall b e c onsidered a "wall sign" w hen forming a border for the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs. Sign,Banner means a temporary sign which is composed of cloth,plastic,paper, canvas or other light fabric. Sign, Changeable Message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign, Development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that development, but shall not include a subdivision marketing sign. Sign, Directional means any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign,Directory means any sign listing occupants within shopping centers, industrial sites,retail districts, office districts and commercial sites. Sign,Garage sale means any temporary, on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign, Incidental means any sign containing information incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Sign,Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Menu Board means a permanent on-site sign which displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. City of Wylie Sign Code Page 3 Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. Sign, Monument means any detached sign which is made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and grade. Sign,Obsolete means any sign which no longer serves a bona fide use or purpose. Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign, Pole means any sign which is erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign, Portable means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another and is not a vehicular sign. Sign, Promotional means any type of temporary sign used for special promotions which may include, but not be limited to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs include, but are not limited to, banners, pennants, streamers, balloons, flags, bunting, inflatable signs and other similar signs. Sign, Reader board means any sign comprised of changeable letters which allows a change of sign copy by adding or removing letters.The sign copy shall conform to the category use of the sign allowed by this Article. Sign,Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, Subdivision means a sign that identifies the name of the subdivision only. Sign, Window means any sign, banner, poster or display 1 ocated o n the internal o r e xternal surface oft he window of any establishment for the purpose of advertising services, products or sales available within such establishment or which announces the opening of such establishment. Sign Support means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign,providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch (1")in height,nor is internally or decoratively illuminated. Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site for permanent erection. Sign Setback means the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS,CR,BP, CC,I,PD,FP,DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-8.5/17,TH/15,MF,MH. City of Wylie Sign Code Page 4 3. ADMINISTRATION The provisions of this code shall be administered by the Building Official. A. Permits 1. No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this chapter until a permit for such has been issued by the City of Wylie and the fee paid, except as otherwise provided in this chapter. Permit fees are contained in Appendix A of the Code of Ordinances. 2. A permit for a sign, shall expire if the work is not commenced within ninety(90) days from the date of such permit. 3. Electrical p ermit: W here signs contain electrical wiring and connections, an electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code. 4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not issue a permit under the provisions of this Article to any person,business,entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Article. B. Applications All applications for permits shall include: 1. A completed permit application. 2. A drawing of the proposed sign and all existing signs maintained on the lot and visible from the right-of-way, 3. A drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications. C. Work Started Without a Permit No sign requiring a permit may b e erected o r installed without first having a permit. If any work for which a permit is required by this Article has been commenced without first obtaining a permit the following shall apply: 1. Investigation. A special investigation to determine compliance shall be made before a permit may be issued for the work. 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the p ermit fee required by this City. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Article nor from any other penalty prescribed by law. D. Permit Revocable 1. The City may suspend or revoke any permit issued under the provisions of this Article whenever it shall be determined that the permit is issued: a. in error; or b. on the basis of incorrect or false information supplied, or c. in violation of any of the provisions of this Article; or d. in violation any other Ordinance of this City or laws of this State or the Federal government. City of Wylie Sign Code Page 5 2. The suspension o r r evocation s hall b e e ffective when communicated in writing to the person to whom the permit is issued, the sign owner, or to the property owner upon who's property the sign is located. 3. Any signs installed under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten days of written notice of the revocation. E. Nonconforming Existing Signs Every sign lawfully in existence on the date of passage of this Article may be repaired without applying for a permit hereunder,but no such sign or sign facing shall be altered or moved unless a permit be issued pursuant to the provisions of this Article. In the case where a sign facing is being replaced for the same business, a permit is not required. Temporary permits granted prior to the passage of this Article shall be renewed only if the applicant complies with all provisions of this Article. F. Signs Exempt from Permit Requirements A permit shall not be required for the following signs, provided however, the signs shall otherwise comply with all other applicable sections of this Article. 1. Nameplates Nameplates not exceeding one square foot in area. 2. Building Identification/Memorial Memorial signs o r tablets,names o f buildings and d ate o f erection, w hen cut into a ny masonry surface or when constructed of bronze or other incombustible materials. 3. Traffic Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non advertising signs as may be approved by the City Council or the City Manager or his authorized representative. 4. Signs Inside a Building Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. 5. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. 6. Movement Control Signs Movement control signs may be erected at any occupancy or any lot, other than single family or duplex p remises,may b e attached or detached and may be erected without limits as to number; provided that such signs shall comply with all other applicable requirements of this chapter. Movement control signs shall be premise signs only. The occupant of a premise who erects a movement control sign shall comply with the following requirements: a. Each sign must not exceed five (5) square feet in effective area. b. If a sign is an attached sign, as defined,the words must not exceed six inches(6") in height. c. Each sign must convey a bonafide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. 7. Protective Signs The occupant of a premise may erect a maximum of two (2) protective signs, in accordance with the following provisions: a. Each sign must not exceed six(6) square feet in effective area. • City of Wylie Sign Code Page 6 b. Detached signs must not exceed three feet(3')in height. 8. Government Signs Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. 9. Holiday Lights and Decorations Temporary lights and holiday decorations shall be exempt from the terms of this ordinance. 10. Non-Illuminated Political Signs a. With the permission of the property owner or tenant, non-illuminated political signs may be erected in any zoning district with no limitation as to their number. On lots where a sidewalk exists within the street right-of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10') from the edge of the street. b. Political signs that are located on developed residential property or in a developed subdivision zoned Residential shall not exceed nine(9) square feet in effective area per side. c. Signs erected on property zoned Non-Residential or undeveloped residentially zoned property shall not exceed thirty-two (32) square feet in effective area per side. d. Political signs shall not exceed six feet(6') in height. e. Political signs shall not be placed within the public right-of-way (except as allowed in section 9). f. The candidate, his campaign treasurer or assistant campaign treasurer or the campaign treasurer of a political committee shall be responsible for the erection and removal of the political signs or advertisements and for compliance with the provisions of this chapter and the laws of the State of Texas. g. Political signs shall not be affixed to utility poles or official signs (e.g. street signs or speed limit signs). 11. Special Event or Public Announcement Signs Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, or civic institutions with the following stipulations: a. Signs must be located on private property and the organization must have permission from the property owner to place the sign on their property. (Signs of this type can be off-premise signs and are exempt from section 4 (h). b. The maximum sign area is thirty-two (32) square feet. c. The maximum height is six feet(6'). d. A maximum of six(6) off-premise signs advertising the non-profit organization function. e. The advertised function must occur within the corporate limits of the City of Wylie or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. f. Signs shall not be located on a residential premise. G. Prohibited Signs Any sign which is not specifically permitted by this Article shall be prohibited. The following types of signs are expressly prohibited within the City of Wylie: 1. Signs that imitate traffic signs or emergency signs. Signs may not contain any combination o f forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals. City of Wylie Sign Code Page 7 2. Portable signs. 3. Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law. (e.g. traffic visibility requirements, zoning,building code,or electrical code) 4. Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. 5. Signs attached to or painted on any sidewalk,curb, gutter, or street(except house address numbers). 6. Signs that move, flash light intermittently, change color or revolve unless specifically allowed in this chapter. 7. Pole signs and flag poles unless specifically allowed by this ordinance (see sections 4. A., 7. E. and 8. A.). 8. Off-Premise signs (except for signs allowed under sections 3. F. 11. and 9). 9. Signs attached to or painted on the outside of a fence, wall or railing (except for signs allowed under section 3.F. 1.). Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed 1% square feet. 10. Signs located within a street median,e.g. subdivision signs. 11. Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. 12. Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Vehicles legally parked at one location,with for sale signs visible from the right-of-way for two(2) hours or more, shall be prima facia evidence of non-compliance with this section. Exception: A maximum of two (2) vehicles may be parked at the vehicle owner's residence, or on the street adjacent to the residence advertising, the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. 13. Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. H. Inspection The City may inspect annually, or at such other times as he deems necessary, each sign regulated by this Article for the purpose of ascertaining whether the same complies with provisions of this Article, is secure or insecure,whether it still serves a useful purpose, and whether it is in need of removal or repair. I. Removal of Obsolete Signs Any sign which the City determines no longer serves a bona fide use or does not conform to this Article shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within ten days after written notification to do so from the City. J. Removal or Repair of Dilapidated or Deteriorated Signs If the City shall determine that any sign exists in a dilapidated or deteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten days after the notice. The City may remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property. City of Wylie Sign Code Page 8 K. Removal of Illegally Erected Signs Any temporary sign that is erected,constructed or otherwise displayed, which the City determines to be in direct violation of this Article, may be removed by City personnel. Any such sign removed by City personnel may be held for a period of 72 hours and upon expiration of the time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site on which the sign is located within a reasonable time period as determined by the City. Upon failure to comply with the notice or to file an appeal of the decision in accordance with this Article, the City is authorized to cause the removal of the sign and assess the owners the costs of removal. L. Removal Expenses Any sign required to be removed b y the City, s hall b e removed b y the permit h older, sign owner, or property owner within ten days after written notification to do so. Upon failure to comply with the notice, the City is may enter upon the property upon which the sign is located, and to cause the removal of the sign.The owner o f t he 1 and,building o r structure t o which the sign is attached and upon which it is erected and the owner of the sign and the holder of the sign permit are jointly and severally liable for any expense incident to removal. M. Appeals Appeals to the provisions of this article shall be heard by the Zoning Board of Adjustment. A simple majority vote of the board in favor of the variance will be required to approve any variance request. No proof of hardship is required in order for the Zoning Board of Adjustment t o grant any variance. I f considering a variance request, the Zoning Board of Adjustment shall also comply with the following: 1. The board shall consider as criteria for granting a variance such factors as the type of sign, the location, existence of signs in the general area, and such other factors as they deem pertinent. 2. No variance shall be granted by the board if the same conflicts with the spirit of this Article, which is one of providing public safety, adequate lighting provisions, open space and air, conservation of land,protection of property values, and encouraging the highest and best use of the land. 3. In considering the request for variation to requirements of this Article, the Zoning Board of Adjustment shall consider,but not be limited to, a. the degree of variance, b. the reason for variance requested, c. the location of the variance request, d. the duration of the requested variance, e. the effect on public safety,protection of neighborhood property, f. the degree of property hardship or injustice involved, and g. the effect of the variance on the stated purposes for regulating signs with the city. 4. The decision of the Zoning Board of Adjustment shall be final. 5. A variance from this Article is valid only if a permit is secured within 90 days from the date of the decision. • City of Wylie Sign Code Page 9 4. GENERAL SIGN REGULATIONS A. Flags All flags shall conform to the following requirements: 1. Nothing in this chapter shall be construed to prevent the display of the United States, Texas, or Wylie flag. No permit or permit fee is required. 2. Businesses may erect one corporate flag and flag pole, per location, for a bonafide company or corporate office located within the City of Wylie. A sign permit and permit fee is required. a. Setback Requirements -Flag poles must be located at least 15 feet from any property line. b. Maximum Height i. Residential -Twenty-five feet(25') ii. Commercial—Thirty-five feet(35') 3. No flag or flag pole may be located within any easement. B. Obscenity No person shall display on any sign any obscene or indecent matter as defined by the State Penal Code,or any matter soliciting or promoting unlawful conduct. Any sign which does contain any obscene indecent or immoral matter must be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this section. C. Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which the sign is located shall be responsible to remove the sign within thirty(30) days of obsolescence. D. Maintenance of Signs All signs shall be maintained in good condition. Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance,or the sign must be removed, no later than the tenth (10th) day after written notice of such violation is sent to the property owner via certified mail. The owner of the property on which the sign is located shall be responsible for compliance with this subsection. E. Signs Held by Pedestrians Any sign held or carried by a person must be located at least four feet(4') from the street pavement of any right-of-way. F. Wind Pressure and Dead Load Requirements All signs shall be designed and constructed to withstand a wind pressure of not less than 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. G. Obstructing Doors,Windows,or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign in any manner which prevents free ingress to or egress from any door,window or fire escape, or to attach any sign to a standpipe or fire escape. D. Placement of Advertising Matter 1. No person shall place on or suspend from any building, light fixture, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or City of Wylie Sign Code Page 10 • structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this Article, except as otherwise allowed by this Article or another Ordinance. 2. No person, firm,c orporation o r a ssociation o f p ersons s hall p aste, s tick, tack,n ail o r otherwise place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 3. It shall be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of Wylie. F. Signs Prohibited On or Over Public Property No portion of any sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the City, unless the same is erected by the City, or with the permission of the City for public purposes, except for Projecting Signs in the Downtown Historic District meeting requirements in Section 5. E. G. Illumination of Signs 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 2. Moving, flashing, c hanging color,beacons,r evolving o r similarly constructed signs shall not be allowed, except for electronic signs showing time and temperature. 3. Sign illumination may only alternate on and off at a rate equal to or less than twice an hour, excluding time and temperature signs. 4. A sign in a residential district, where allowed by this Article, may be illuminated. Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line. Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. H. Searchlights Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations: 1. A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot candlepower. No more than four beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle, or to create greater than 0.5 foot candles at 4 feet height at the property line. 4. No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00 a.m. 5. No advertising searchlight may be operated on a premises for more than seven consecutive days. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. City of Wylie Sign Code Page 11 5. ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this section shall be applicable to all attached signs that are allowed under this Article. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than twelve inches (12") from that surface, except for Projecting and Marquee signs as allowed in sections 5. E., and 5. F. Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs. A. Maximum Sign Area 1. Attached signs shall not exceed the following area schedules: a. An attached sign located at a height of thirty-six feet(35') or less is limited to 0.75 square feet of sign area for each lineal foot of building frontage for a single tenant building, or lease space frontage in a multiple tenant building,not to exceed three hundred(300) square feet. b. An attached sign located above a height of thirty-six feet (35') shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one foot (1') of height above thirty-six feet (36') measured from the base of the sign. Signs may be increased hereunder to a maximum size or four hundred (400) square feet. c. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face a residential zoning district. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs a. or b. above, whichever paragraph is applicable. B. Illumination of Attached Signs Attached S igns may only b e illuminated utilizing internal 1 ighting. Exterior 1 etters with exposed neon lighting are allowed. C. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations. 1. Window Signs must not obscure more than 25 percent of the window area per facade. 2. The sign area shall be measured by drawing the smallest box around the sign elements. 3. No illuminated Window Signs shall be allowed within two feet of the window surface, except for open/closed signs. D. Awning Signs Awning Sign means any awning displaying a business name or logo. Awning Signs must meet the following regulations. 1. An Awning Sign may extend the full length of the wall of the building to which it is attached and shall be no more than six feet in height and shall not be placed less than 8 feet above the side walk 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the area of the awning and shall extend for no more than 60 percent of the length of the awning. City of Wylie Sign Code Page 12 E. Projecting Signs Projecting Signs means any sign, except an awning, which projects perpendicularly from a building and which has one end attached to a building or other permanent structure. Projecting Signs must meet the following regulations. 1. Allowed only in the Downtown Historic District(DTH) 2. The maximum sign area for a Projecting Sign is 4 square feet per sign face. Projecting Signs may not project more than 3 feet, measured from the building face and shall not be closer than two feet from the back of the curb line. 3. The height of the Projecting Sign must be at least 12 feet above the sidewalk. 4. Such signs shall be compatible in design, shape, and material with the architectural and historic character of the building. F. Marquee Signs Marquee Sign means any permanent structure which is attached to and supported by a building and which projects outward from the building and contains lettering or graphics which convey a message. Marquee Signs must meet the following regulations. 1. Allowed only in the Downtown Historic District(DTH). 2. Marquee Signs shall be built as an integral part of the marquee and shall be constructed of incombustible material. 3. Marquee Signs shall be limited to 50 percent of the area of the vertical surface of each face of the marquee. 4. The marquee on which Marquee Signs are attached shall not have a vertical height of more than six feet nor exceed 75 percent of the width of the building or store frontage. 5. The Marquee shall be at least 8 feet above the sidewalk. 6. Marquee Signs may be illuminated. 7. Such signs shall be compatible in design, shape, and material with the architectural and historic character of the building. H. Canopy Sign Canopy Sign mean any canopy displaying a business name or logo. Canopy Signs must meet the following regulations. 1. A Canopy Sign" may be attached to, or be an integral part of the face of a canopy 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of 25 square feet, whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The s tripe may extend a long the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. • City of Wylie Sign Code Page 13 6. MONUMENT SIGN REGULATIONS All monument signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels will be allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs. Additional monument sign regulations are as follows: A. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants, are permitted to erect a monument signs that comply with the following stipulations. 1. Maximum size - 150 square feet 2. Maximum height- 10 feet 3. Setbacks a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. c. 250 feet from any other monument sign on the same property,measured along the right-of-way 4. Changeable Message Signs. Signs may include a maximum area of twenty (20) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. B. Properties with Single Tenants Businesses located on individually platted land including individual pad sites within a shopping center are permitted to erect monument signs that comply with the following stipulations: 1. Maximum size -90 square feet 2. Maximum height- 10 feet 3. Setbacks a. 15 feet from street right-of-way b. 40 feet from property lines other than those property lines fronting the street right-of-way c. 250 feet from any other monument sign on the same property, measured along the right-of-way 4. Changeable Message Signs. Signs may include a maximum area of thirty-two(32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. C. Gasoline Pricing Signs 1. Gasoline Pricing Signs must be a Monument Sign. 2. The Gasoline Pricing Sign must be integral to the permitted sign for the site, subject to the following limitations: a. The pricing display may not scroll, flash, or change more frequently than once a day. b. The pricing display may not exceed two-thirds of the gross sign area per sign face. c. Only one pricing display is allowed per site. d. Internal illumination may be used for the pricing display only. 3. Maximum size 4. Maximum height 5. Setbacks City of Wylie Sign Code Page 14 a. 15 feet from street right-of-way b. 40 feet from property lines other than those property lines fronting the street right-of-way. D. Material Requirements All Monument Sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick. The sign structure must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum sign p anels w ill b e a llowed. A 11 sign text and graphic elements s hall be limited to a minimum of six inches from the outer limits of the sign structure. E. Illumination Monument Signs shall be illuminated by a ground lighting source where the light itself and supporting structure are screened from public right-of-way,except, s igns with s culpted aluminum p anels, c ut-out letters, or other type of raised lettering which may be back lit using internal lighting. F. Model Home Signs Model Home Sign means a temporary Real Estate Sign identifying a homebuilder's model home open for inspection. Model Home Signs are subject to the following regulations: 1. Model Home Signs require a permit and may be erected in residential zoning districts on the site of the model home. 2. Each builder in a subdivision may have one Model Home Sign for each model home and the permit for the sign shall be granted for a period of time to coincide with the validity of the model home's certificate of occupancy. 3. Model Home Signs shall be Ground or Monument Signs. 4. The maximum height of a Model Home Sign shall not exceed four feet. 5. The maximum are of the sign face shall not exceed eight square feet. 6. Required setback shall be 50 percent of the distance between the front property line and the building, but no less than ten feet from the front property line. City of Wylie Sign Code Page 15 7. OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Article. A. Menu Board Signs Menu Board Signs must meet the following requirements: 1. Menu Board Signs may be attached or Monument Signs. 2. The maximum height is six feet. 3. The maximum sign area is twenty four square feet. Only one sign face is allowed per sign. 4. All Menu Board Signs shall be located at the side or rear of the principal building. If two signs are erected they must be at least eighteen feet apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen feet(15') from any property line. B. Subdivision Entry Signs Subdivision Entry Sign means any permanent on-site sign identifying a subdivision located in a residential zoning district. Subdivision Entry Signs must meet the following regulations. 1. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or on a Monument Sign. 2. Attached Signs may not project above the top of the wall on which they are attached. 3. The maximum sign area is 32 square feet for attached signs. 4. Only one Monument Sign or two attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. 5. Monument Signs may be located in the median at the street entrance if approved by the City in an approved plan,within the developer's agreement, or by separate application. C. Directory Signs Directory sign means a permanent on-site sign identifying the buildings in the development or providing information on their location. Directory signs must meet the following regulations. 1. Directory Signs may be either attached or a Monument Sign. 2. Directory Signs must be located 75 feet from the intersection of the entry drive and the public right-of- way. 3. Only one Directory Sign is allowed per street entrance. D. Institutional Signs Institutional Sign means a permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Institutional Signs must meet the following regulations. 1. Institutional Signs may be attached and/or Monument Sign. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; City of Wylie Sign Code Page 16 b. Messages on the reader board, whether electronic or manual, may not scroll, flash, or change more frequently than once a day; c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. E. Pole Signs Pole signs are prohibited within the City o f Wylie except within the area identified i n subsection (1) below. 1. Location. Pole signs shall only be allowed for businesses fronting State Highway 78. Signs must be located within fifty feet(50')of the R.O.W. of State Highway 78. 2. Lot Frontage. Lots containing a pole sign must have at least seventy-five feet (75') of continuous frontage along State Highway 78. 3. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants, are permitted to erect a maximum of two (2)pole signs. Each sign shall comply with the following stipulations. a. Maximum size - 100 square feet b. Maximum height - 20 feet c. Clearance - Eight and one-half feet(8.5') from the adjacent street curb level. d. Setbacks - at least 8 feet (8') from the ultimate street right-of-way, but in no case less than 15 feet from the adjacent curb. 30 feet (30') from property lines other than those property lines fronting the street right-of-way. 250 feet (250') from any other monument sign or pole sign on the same property. 4. Properties with Single Tenants Businesses located on individually platted land including individual pad sites within a shopping center are permitted to erect one(1)pole sign. Signs shall comply with the following stipulations: a. Maximum size - 60 square feet b. Maximum height - 20 feet c. Clearance - Eight and one-half feet(8.5') from the adjacent street curb level. d. Setbacks - at least 8 feet (8') from the ultimate street right-of-way, but in no case less than 15 feet from the adjacent curb. 30 feet (30') from property lines other than those property lines fronting the street right-of-way. 250 feet (250') from any other monument sign or pole sign on the same property. 5. Sign Design. All pole signs must be supported by two (2) vertical supports located a t the outer extremities of the sign face. No single pole signs shall be permitted. 6. Sign Material. All vertical structural supports (poles) shall be an approved metallic substance. No wooden vertical supports shall be allowed. 7. Changeable Message Signs. Signs may include a maximum area of thirty-two (32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. City of Wylie Sign Code Page 17 8. TEMPORARY SIGN REGULATIONS A. Development Signs Development Signs are allowed subject to the following regulations: 1. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts 2. Development Signs must b e r elated only to the property on which they are located. They may be Monument or Pole Signs provided that a minimum of two vertical sign supports are utilized. 3. Maximum height of a Development Sign shall be 15 feet. 4. Required setback for a Development Sign shall be 30 feet or the required building line if less than 30 feet. 5. The maximum sign area per sign face shall not exceed sixty(60) square feet. 6. Each development site may have one such sign for each 50 acres under active development. 7. A Development Sign must b e removed w hen the project i s 9 0 p ercent complete. In the case o f a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building.For a residential project, 9 0 percent complete means w hen 9 0 percent o f t he 1 ots i n the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations. 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached, Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9) square feet and a maximum height of four feet (4') for property located in a Residential Zoning District. Signs located in a Non-Residential Zoning District shall not exceed thirty-two(32) square feet in sign area and ten feet(10') in height. 4. Real Estate Signs shall be set back at least eight feet from front property line. 5. Real Estate Signs are limited to one per street front. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. C. Promotional Signage Businesses that erect signs under the provisions of this section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time. Promotional S igns are subject to the following regulations. 1. All Promotional S ignage requires a permit. A maximum of two (2) permits are allowed for each calendar year. A separate permit is required for each two-week period Promotional Signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer, banner,etc. 2. Promotional Signage may include flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by these provisions. Additionally, a maximum of two (2) banners is allowed, in addition to flags,pennants, streamers,balloons, inflatable or other promotional signage per permit. City of Wylie Sign Code Page 18 3. Promotional Signage is allowed for two, two-week periods each calendar year per legal business subject to the following: a. A two-week period will commence on the first day Promotional Signage is displayed. b. The two two-week periods shall not occur in the same or consecutive months. c. A legal business shall include any commercial, industrial, or institutional use for which the building inspection department has issued a certificate of occupancy. d. In the case of a special promotion for a grand opening celebration, one period may be extended to a three-week period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. EXCEPTION: A business that is in its initial year of operation is allowed to extend the time promotional signs are displayed, one time, from two weeks to 30 days. 4. Any device described as Promotional Signage shall not exceed an overall height of 25 feet. • City of Wylie Sign Code Page 19 9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY Any sign may be erected within the public right-of-way(unless otherwise prohibited by municipal, county, state or federal law)provided that the following conditions are met: A. Permits. No sign may be erected within a right-of-way until a permit has been obtained and the proper permit fee paid. No sign shall be placed on private property or in the right-of-way adjacent to developed private property without the private property owner's written consent. Any permit issued for a sign in the right-of-way shall expire on December 31 of each calendar year and a new permit is required. B. Time Limitations. Signs shall be placed within the right-of-way only between the hours of noon (12:00 p.m.)Friday and 9:00 p.m. Sunday. C. Location. Signs located in the right-of-way shall comply with the following location requirements. 1. Signs shall not be placed within any median. 2. Signs must be a minimum of five feet (5') from the adjacent edge of curb or pavement, which includes improved surfaces and shoulders. 3. Signs shall not be placed within fifty feet (50') of any street intersection or within twenty-five feet (25') of any alley or curb cut. Additionally, no sign may be places within any defined visibility triangle or in any manner that may obstruct traffic visibility. 4. There must be a minimum separation of ten feet(10') for all signs located in the right-of-way. 5. Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way. 6. Signs shall not be placed within a right-of-way that is adjacent to a dwelling premises. D. Size. Signs located within the right-of-way shall not exceed six(6) square feet. E. Height. Signs located within the right-of-way shall not exceed a total height of three feet(3'). F. Number of Signs. The maximum number of permits that shall be issued to any one person, company, or corporation for signs located in the right-of-way is twenty(20). G. Sign Placement Vehicles. Any vehicle used during the installation and removal of signs must have one (1) revolving amber strobe light that is visible at five-hundred feet (500') in the daylight on top of the vehicle and one (1)revolving amber strobe light that is visible at five-hundred feet(500')in the daylight on the rear of any trailer being used in addition to vehicle and trailer flashers. The lights should be used only when slowing down or stopping on the roadway. Vehicles shall stop only in the right hand lane when installing or removing signs with both flashers and amber lights operating. H. Tampering with Permit Decals. Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs located in the right-of-way, or falsifies an affidavit required to obtain a permit, shall, in addition to the other penalties set forth herein, have all rights to place or have placed signs in the right-of-way with the City of Wylie revoked for a twelve (12)month period. I. Temporary Banners and Streamers in the Right-of-Way. The Sign Board may grant exceptions to allow banners and streamers to be placed in the public right-of-way. Approval of such signs shall be on a case by case basis. Signs of this type shall refer only to civic or non-profit functions that benefit the community as a whole. Exception requests shall include the size, number and location of all signs as well as the dates the signs will be placed within the right-of-way. Any change in size, location, number or date of placement must b e a pproved b y the S ign B oard. N o fee s hall b e required t o request a n exception of this type from the Sign Board. City of Wylie Sign Code Page 20 Options to Section 7. E.: Option 1 Disallow all pole signs within the City. Option 2 Allow pole signs on any property zoned Commercial Corridor or Business Center only. SIGN REGULATIONS 1. Intent 1 2. Definitions 2 3. Administration 7 A. Permits 7 B. Applications 7 C. Work Started Without a Permit 7 D. Permit Revocable 8 E. Nonconforming Existing Signs 8 F. Signs Exempt from Permit Requirements 8 G. Prohibited Signs 11 H. Inspection 12 I. Removal of Obsolete Signs 12 J. Removal or Repair of Dilapidated or Deteriorated Signs 12 K. Removal of Illegally Erected Signs 12 L. Removal Expenses 12 M. Appeals 13 4. General Sign Regulations 12 A. Flags 12 B. Obscenity 13 C. Obsolete Signs 13 D. Maintenance of Signs 13 E. Signs Held by Pedestrians 13 F. Wind Pressure and Dead Load Requirements 15 EXHIBIT "A" G. Obstructing Doors, Windows, or Fire Escapes 15 H. Placement of Advertising Matter 15 I. Signs Prohibited On or Over Public Property 15 J. Illumination of Signs 15 K. Searchlights 16 5. Attached Sign Regulations 17 A. Maximum Sign Area 17 B. Illumination of Attached Signs 17 C. Window Signs 17 D. Awning Signs 18 E. Projecting Signs 18 F. Marquee Signs 18 H. Canopy Sign 19 6. Monument Sign Regulations 20 A. Properties with Multiple Tenants 18 B. Properties with Single Tenants 18 C. Gasoline Pricing Signs 21 D. Material Requirements 21 E. Illumination 21 F. Model Home Signs 21 7. Other Types of Signs 23 A. Menu Board Signs 23 B. Subdivision Entry Signs 23 C. Directory Signs 23 D. Institutional Signs 24 E. Pole Signs 24 8. Temporary Sign Regulations 26 A. Development Signs 26 B. Real Estate Sign 26 C. Promotional Signage 26 9. Signs Located In The City Right-Of-Way 28 A. Permits 24 B. Time Limitations 24 C. Location 24 D. Size 25 E. Height 25 F. Number of Signs 25 G. Sign Placement Vehicles 25 H. Tampering with Permit Decals 25 I. Temporary Banners and Streamers in the right-of-Way 25 J. Removal of Unpermitted Signs 26 SIGN REGULATIONS 1. INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network; and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and 6. To preserve and enhance the appearance of the City and the public interest in aesthetics, and to control and reduce visual clutter and blight. CITY OF WYLIE SIGN REGULATIONS Page 1 2. DEFINITIONS Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting, except for the replacement of lamps not brighter than the original or the replacement of a surface panel. Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise mark on an object. Awning means an architectural projection that provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Building means a structure which has a roof supported by columns, wall or air for the shelter, support, or enclosure of persons, animal or chattel. Building Official means the building official for the City of Wylie or his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: A. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or B. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition; or C. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); or D. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or E. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. CITY OF WYLIE SIGN REGULATIONS Page 2 Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of, the subject matter on the sign face. Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind. Premises means a lot or unplatted tract, or a combination of contiguous lots a nd/or unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat record of the City. Public Right-of-Way means a dedicated road or street including the easement for that road or street. Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include the top most portion of any structure. Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1 million peak candlepower. Sight Visibility Triangle means where one street intersects with another, the triangular area formed by extending two (2) curb lines a distance of forty-five (45) feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines a distance of thirty (30) feet from their point of intersection and connecting these points with an imaginary line thereby making a triangle. Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed by measuring eight (8) feet to a point along the property lines and adjoining said points to form the hypotenuse of the triangle. Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque, or poster visible from outside the lot on which it is located and designed to inform or attract the attention of persons not on that lot. Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which CITY OF WYLIE SIGN REGULATIONS Page 3 encloses or covers usable space. Neon tubing attached directly to a wall surface shall be considered a "wall sign" when forming a border for the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial designs. Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or other light fabric. Sign, Changeable Message means a sign whose face is designed and constructed in a manner capable of changing messages through a system of removable characters or panels attached to the face of the sign or changed by electronic means. Sign, Development means a temporary on-site sign providing identification or information pertaining to a residential or commercial development and may include the builder, property owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that d evelopment, but s hall not include a subdivision marketing sign. Sign, Directional means any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign, Directory means a ny s ign I isting occupants within s hopping c enters, i ndustrial sites, retail districts, office districts and commercial sites. Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign, Incidental means any sign containing information incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Menu Board means a permanent on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity, service, activity or product. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and grade. CITY OF WYLIE SIGN REGULATIONS Page 4 Sign, Obsolete means any sign that no longer serves a bona fide use or purpose. Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service or product not principally located or primarily manufactured or sold on the lot on which the sign is located. Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights supported by the ground and where there is a physical separation between the base of the sign and the ground. Sign, Political means a temporary sign relating to the election of a person to public office, relating to a political party, or relating to a matter or measure to be voted on at an election called by a public body. Sign, Portable means a sign that is not securely connected to the ground in such a way that it cannot easily be moved from one location to another and is not a vehicular sign. Sign, Promotional means any type of temporary sign used for special promotions including, but not limited to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs include, but are not limited to, banners, pennants, streamers, balloons, flags, bunting, inflatable signs and other similar signs. Sign, Protective means signs that identify or warn of any security devices located on the premises, including guard dogs. Sign, Reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, Subdivision means a sign that identifies the name of the subdivision only. Sign, Window means any sign, banner, poster or display located on the internal or external surface of the window of any establishment for the purpose of advertising services, products or sales available within such establishment or which announces the opening of such establishment. Sign Support means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch (1") in height, nor is internally or decoratively illuminated. Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs being transported to a site for permanent erection. Sign Setback means the horizontal distance between a sign and the front or side property line, as measured from that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane projecting vertically from the front or side property line. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. CITY OF WYLIE SIGN REGULATIONS Page 5 Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF- 8.5/17, TH/15, MF, MH. CITY OF WYLIE SIGN REGULATIONS Page 6 3. ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. A. Permits 1. No sign shall be erected, constructed, relocated, altered, repaired or maintained except as provided in this Ordinance until a permit for such has been issued by the City of Wylie and the fee paid, except as otherwise provided in this Ordinance. Permit fees are contained in Appendix A of the Code of Ordinances. 2. A permit for a sign, shall expire if the work is not commenced within ninety (90) days from the date of such permit. 3. Electrical permit: Where signs contain electrical wiring and connections, an electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the City's electrical code. 4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not issue a permit under the provisions of this Ordinance to any person, business, entity, organization or activity who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance. 5. Easements: No sign shall be located in any easement other than a landscape easement. B. Applications All applications for permits shall include each of the following: 1. A completed permit application. 2. A drawing of the proposed sign and all existing signs maintained on the lot and visible from the right-of-way. 3. A drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications. C. Work Started Without a Permit No sign requiring a permit may be erected or installed without first having a permit. If any work for which a permit i s required b y t his 0 rdinance has been commenced without first obtaining a permit the following shall apply: 1. Investigation. A special investigation to determine compliance shall be made before a permit may be issued for the work. 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this City. The payment of the investigation fee shall not exempt any person from compliance with all other provisions of this Ordinance nor from any other penalty prescribed by law. CITY OF WYLIE SIGN REGULATIONS Page 7 D. Permit Revocable. 1. The City may suspend or revoke any permit issued under the provisions of this Ordinance whenever it shall be determined that the permit is issued: a. in error; or b. on the basis of incorrect or false information supplied; or c. in violation of any of the provisions of this Ordinance; or d. in violation any other Ordinance of this City or laws of this State or the Federal government. 2. The suspension or revocation shall be effective when communicated in writing to the person to whom the permit is issued, the sign owner, or to the property owner upon who's property the sign is located. 3. Any signs installed or existing under a revoked permit shall be removed by the permit holder, sign owner, or property owner within ten (10) days of written notice of the revocation. E. Nonconforming Existing Signs Every sign lawfully in existence on the date of passage of this Ordinance may be repaired without applying for a permit hereunder, but no such sign or sign facing shall be altered or moved unless a permit be issued pursuant to the provisions of this Ordinance. In the case where a sign facing is being replaced for the same business, a permit is not required. Temporary permits granted prior to the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance. F. Signs Exempt from Permit Regulations A permit shall not be required for the following signs, provided however, the signs shall otherwise comply with all other applicable sections of this Ordinance. 1. Nameplates Nameplates, or signs reflecting the name of a building or structure (i.e., a fence) or the name of the company that built or designed the building or structure, not exceeding one square foot in area. 2. Building Identification/Memorial Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. 3. Traffic Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative. 4. Signs Inside a Building CITY OF WYLIE SIGN REGULATIONS Page 8 Signs located inside a building and which are not displayed so as to be visible from outside the building. Signs located in covered mall buildings shall comply with the current building code and electrical code. 5. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. 6. Movement Control Signs Movement Control Signs may be erected at any occupancy or any lot, other than single family or duplex premises, may be attached or detached and may be erected without limits as to number; provided that such signs shall comply with all other applicable regulations of this Ordinance. Movement Control Signs shall be premise signs only. The occupant of a premise who erects a Movement Control Sign shall comply with the following regulations: a. Each sign must not exceed five (5) square feet in effective area. b. If a sign is an attached sign, as defined, the words must not exceed six inches (6") in height. c. Each sign must convey a bona fide message which directs vehicular or pedestrian movement within or onto the lot on which the sign is located. 7. Protective Signs The occupant of a premise may erect a maximum of two (2) Protective Signs, in accordance with the following regulations: a. Each sign must not exceed six (6) square feet in effective area. b. Detached signs must not exceed three feet (3') in height. 8. Government Signs Flags, insignia, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies and decorative displays for holidays or public demonstrations which do not contain advertising and are not used as such. 9. Holiday Lights and Decorations Temporary lights and holiday decorations displayed ninety (90) days or less shall be exempt from the terms of this ordinance. 10. Non-Illuminated Political Signs a. With the permission of the property owner or tenant, non-illuminated political signs may be erected in any zoning district with no limitation as to their number. On lots where a sidewalk exists within the street right- of-way, signs shall be located between the sidewalk and the structure - but no closer than three feet (3') from the sidewalk. On lots where no CITY OF WYLIE SIGN REGULATIONS Page 9 sidewalk exists within the street right-of-way, the sign shall be located at least ten feet (10')from the edge of the street. b. Political Signs that are located on developed residential property or in a developed subdivision zoned Residential shall not exceed nine (9) square feet in effective area per side. c. Signs erected on property zoned Non-Residential or undeveloped residentially zoned property shall not exceed thirty-two (32) square feet in effective area per side. d. Political Signs shall not exceed six feet (6') in height. e. Political Signs shall not be placed within the public right-of-way (except as allowed in Section 9). f. The candidate, his campaign treasurer or assistant campaign treasurer or the campaign treasurer of a political committee shall be responsible for the erection and removal of the Political Signs or advertisements and for compliance with the provisions of this Ordinance and the laws of the State of Texas. g. Political Signs shall not be affixed to utility poles or official signs (e.g. street signs or speed limit signs). h. Political Signs shall not be erected earlier than thirty (30) days prior to the election that the sign pertains and must be removed within fourteen (14) days after the election. 11. Special Event or Public Announcement Signs Signs providing public information concerning special events, bazaars, rallies, or other similar activities sponsored by non-profit organizations including charitable, religious, philanthropic, educational, or civic institutions with the following regulations: a. Signs must be located on private property and the organization must have permission from the property owner to place the sign on their property. (Signs of this type can be off-premise signs and are exempt from Section 4 (h)). b. The maximum sign area is thirty-two (32) square feet. c. The maximum height is six feet (6'). d. A maximum of six (6) off-premise signs in the City advertising the non- profit organization function. e. The advertised function must occur within the corporate limits of the City of Wylie, its ETJ, or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. f. Signs shall not be located on a residential premise. CITY OF WYLIE SIGN REGULATIONS Page 10 G. Prohibited Signs Any sign which is not specifically permitted by this Ordinance shall be prohibited. The following types of signs are expressly prohibited within the City of Wylie: 1. Signs that imitate traffic signs or emergency signs. Signs may not contain any combination of forms, words, colors, or lights, which imitate standard public traffic regulatory, emergency signs, or signals. 2. Portable signs unless specifically allowed by this ordinance (see Section 4. E.). 3. Signs erected in violation of any ordinance adopted by the City of Wylie or any state or federal law. (e.g. traffic visibility requirements, zoning, building code, or electrical code). 4. Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. 5. Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers). 6. Signs that move, flash light intermittently, change color or revolve, unless specifically allowed in this Ordinance. 7. Pole signs and flag poles unless specifically allowed by this Ordinance (see Sections 4. A., 7. E. and 8. A.). 8. Off-Premise signs (except for signs allowed under Sections 3. F. 9. and 11.). 9. Signs attached to or painted on the outside of a fence, wall or railing (except for signs allowed under Section 3. F. 1.). Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed 11/z square feet. 10. Signs located within a street median, e.g. subdivision signs. 11. Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. 12. Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is parked in such a way that the sign informs or attracts the attention of persons using the public right-of-way. Vehicles legally parked at one location, with for sale signs visible from the right-of-way for two (2) hours or more, shall be prima facie evidence of non-compliance with this Section. Exception: A maximum of two (2) vehicles may b e parked a t the vehicle owner's residence, or on the street adjacent to the residence advertising, the sale of the vehicles provided that the vehicles are registered to the person residing at the residence. 13. Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property shall be prohibited. However, this is not in any way CITY OF WYLIE SIGN REGULATIONS Page 11 intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. H. Inspection The City may inspect annually, or at such other times as he deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same complies with provisions of this Ordinance, is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair. Removal of Obsolete Signs Any sign which the City determines no longer serves a bona fide use or does not conform to this Ordinance shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within ten (10) days after written notification to do so from the City. J. Removal or Repair of Dilapidated or Deteriorated Signs If the C ity s hall d etermine t hat a ny s ign exists in a d ilapidated o r d eteriorated condition, or is a menace to the public, he shall give written notice to the person or persons responsible for the sign. The permit holder, owner, agent or person having the beneficial use of the premises shall remove or repair the sign within ten (10) days after the notice. The City may remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate peril to persons or property. K. Removal of Illegally Erected Signs Any temporary sign that is erected, constructed or otherwise displayed, which the City determines to be in violation of this Ordinance, may be removed by City personnel. Any such sign removed by City personnel may be held for a period of seventy-two (72) hours and upon expiration of the time may be disposed. The City is not required to notify the permit holder or owner of the sign that it has been picked up or that disposal of the sign is imminent. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the property on which the sign is located within a reasonable time period as determined by the City. Upon failure to comply with the notice or to file an appeal of the decision in accordance with this Ordinance, the City is authorized to cause the removal of the sign and assess the permit holder, owner of the sign and/or owner of the property for the costs of removal. L. Removal Expenses Any s ign required to be removed by the City, shall be removed by the permit holder, sign owner, or property owner within ten (10) days after written notification to do so. Upon failure to comply with the notice, the City is may enter upon the property upon which the sign is located, and to cause the removal of the sign. The owner of the land, building or structure to which the sign is attached and upon which it is erected and the owner of the sign and the holder of the sign permit are jointly and severally liable for any expense incident to removal. CITY OF WYLIE SIGN REGULATIONS Page 12 M. Appeals Appeals to the provisions of this Ordinance shall be heard by the Zoning Board of Adjustment. A simple majority vote of the board in favor of the variance will be required to approve any variance request. No proof of hardship is required in order for the Zoning Board of Adjustment to grant any variance. If considering a variance request, the Zoning Board of Adjustment shall also comply with the following: 1. The Board shall consider as criteria for granting a variance such factors as the type of sign, the location, existence of signs in the general area, and such other factors as they deem pertinent. 2. No variance shall be granted by the Board if the same conflicts with the spirit of this Ordinance, which is one of providing public safety, adequate lighting provisions, open space and air, conservation of land, protection of property values, and encouraging the highest and best use of the land. 3. In considering the request for variation to regulations of this Ordinance, the Zoning Board of Adjustment shall consider, but not be limited to, a. the degree of variance, b. the reason for variance requested, c. the location of the variance request, d. the duration of the requested variance, e. the effect on public safety, f. the protection of neighborhood property, g. the degree of property hardship or injustice involved, and h. the effect of the variance on the stated purposes for regulating signs with the City. 4. The decision of the Zoning Board of Adjustment shall be final. 5. A variance from this Ordinance is valid only if a permit is secured within ninety (90) days from the date of the Board's decision. CITY OF WYLIE SIGN REGULATIONS Page 13 4. GENERAL SIGN REGULATIONS A. Flags All flags shall conform to the following regulations: 1. Nothing in this Ordinance shall be construed to prevent the display of the United States, Texas, County or Wylie flag. No permit or permit fee is required. 2. Businesses may erect one corporate flag and flag pole, per location, for a bona fide company or corporate office located within the City of Wylie. A sign permit and permit fee is required. a. Setback Requirements - Flag poles must be located at least 15 feet from any property line. b. Maximum Height i. Residential - Twenty-five feet (25') ii. Commercial - Thirty-five feet (35') 3. No flag or flag pole may be located within any easement. B. Obscenity No person shall display on any sign any obscene or indecent matter as defined by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct. Any sign which does contain any obscene indecent or immoral matter must be removed or the obscene, indecent or immoral matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on which the sign is located shall be responsible for compliance with this Section. C. Obsolete Signs All signs relating to a product no longer available for purchase by the public and all signs relating to a business which has closed or moved away shall be removed or the advertising copy shall be removed. Painted wall signs shall be painted over with a color that resembles or matches the wall and does not allow the sign message to be visible after overpainting. The owner of the property on which the sign is located shall be responsible to remove the sign within thirty (30) days of obsolescence. D. Maintenance of Signs All signs shall be maintained in good condition. Signs which are damaged in any way, rusty or have peeling paint do not meet minimum maintenance criteria and shall be brought into compliance, or the sign must be removed, no later than the tenth (10th) day after written notice of such violation is sent to the property owner via certified mail. The owner of the property on which the sign is located shall be responsible for compliance with this subsection. E. Signs Held by Pedestrians Any sign held or carried by a person must be located at least four feet (4') from the street pavement of any right-of-way. CITY OF WYLIE SIGN REGULATIONS Page 14 F. Wind Pressure and Dead Load Requirements All signs shall be designed and constructed to withstand a wind pressure of not less than 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. G. Obstructing Doors, Windows, or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign in any manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a standpipe or fire escape. H. Placement of Advertising Matter 1. No person shall place on or suspend from any building, light fixture, pole, structure, sidewalk, parkway, driveway or parking area, any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items other than a sign, as defined, regulated and prescribed by this Ordinance, except as otherwise allowed by this Ordinance or another ordinance. 2. No person, firm, corporation or association of persons shall paste, stick, tack, nail or otherwise place any advertisement, handbill, placard, printed, pictured or written matter or thing for political advertising or other advertising purposes upon any fence, railing, sidewalk or public telephone, electric or other utility pole, or any other public property, including trees thereon or to knowingly cause or to permit the same to be done for his benefit. 3. It shall be unlawful for any person to scatter or throw any handbills, circulars, cards, tear sheets or any other advertising device of any description, along or upon any street or sidewalk in the City of Wylie. Signs Prohibited On or Over Public Property No portion of any sign shall be erected on or over public property, or in the right- of-way of a ny thoroughfare within the City, unless the same i s erected b y the City, or with the permission of the City for public purposes, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5. E or as provided by Section 9. J. Illumination of Signs 1. No sign shall be illuminated to such an intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 2. Moving, flashing, changing color, beacons, revolving or similarly constructed signs shall not be allowed, except for electronic signs showing time and temperature. 3. Sign illumination may only alternate on and off at a rate equal to or less than twice an hour, excluding time and temperature signs. 4. A sign in a residential district, where allowed by this Ordinance, may be illuminated. Any illumination shall be located so as not to produce intense glare or direct illumination across the bounding property line. Internal CITY OF WYLIE SIGN REGULATIONS Page 15 illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. K. Searchlights Searchlights may be permitted in accordance with any applicable regulations. A permit for use of an advertising searchlight may be granted under the following additional regulations: 1. A searchlight shall be located a minimum distance of 50 feet from a public right-of-way and positioned so as to project all beams at a minimum angle of 30 degrees from grade level. 2. The maximum light intensity generated by searchlights on any premises may not exceed a total of 1.6 million foot candlepower. No more than four beams of light may be projected from any premises. 3. All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the rights-of-way or adjoining property, and no light shall be of such intensity or brilliance to cause glare to or impair the vision of the driver of any vehicle, or to create greater than 0.5 foot candles at 4 feet height at the property line. 4. No advertising searchlight may be operated between the hours of 11:00 p.m. and 7:00 a.m. 5. No advertising searchlight may be operated on a premises for more than seven consecutive days. No permit for an advertising searchlight may be issued for any business entity for which a permit has been issued for a searchlight on the same premises within the six months preceding the date of the permit application. CITY OF WYLIE SIGN REGULATIONS Page 16 5. ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than twelve inches (12") from that surface, except for Projecting and Marquee signs as allowed in Sections 5. E., and 5. F. Wall signs shall not extend above the wall or building surface to which the sign is attached. Banner signs shall not be utilized as permanent wall signs. A. Maximum Sign Area 1. Attached signs shall not exceed the following area schedules: a. An attached sign located at a height of thirty-six feet (36') or less is limited to 0.75 square feet of sign area for each lineal foot of building frontage for a single tenant building, or lease space frontage in a multiple tenant building, not to exceed three hundred (300) square feet. b. An attached sign located above a height of thirty-six feet (36') shall be permitted an increase in maximum effective area. Such increases shall not exceed four (4) square feet in effective area for each additional one foot (1') of height above thirty-six feet (36') measured from the base of the sign. Signs may be increased hereunder to a maximum size of four hundred (400) square feet. c. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs a. or b. above, whichever paragraph is applicable. B. Illumination of Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. C. Window Signs Window signs do not require a permit or a permit fee. Window Signs must meet the following regulations. 1. Window Signs must not obscure more than 25 percent of the window area per facade. 2. The sign area shall be measured by drawing a rectangular or square box around the sign elements, then multiplying the height by the width. For signs whose shape is irregular, the box must enclose all elements of the sign. 3. No illuminated Window Signs shall be allowed within two feet of the window surface, except for open / closed signs. CITY OF WYLIE SIGN REGULATIONS Page 17 D. Awning Signs Awning Sign means any awning displaying a business name or logo. Awning Signs must meet the following regulations. 1. An Awning may extend the full length of the wall of the building to which it is attached and shall be no more than six feet in height and shall not be placed less than 8 feet above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the area of the Awning and shall extend for no more than 60 percent of the length of the Awning. E. Projecting Signs Projecting Signs means any sign, except an Awning, which projects perpendicularly from a building and which has one end attached to a building or other permanent structure. Projecting Signs must meet the following regulations. 1. Allowed only in the Downtown Historic District (DTH) 2. The maximum sign area for a Projecting Sign is 4 square feet per sign face. Projecting Signs may not project more than 3 feet, measured from the building face and shall not be closer than two feet from the back of the curb line. 3. The height of the Projecting Sign must be at least 12 feet above the sidewalk. 4. Projecting Signs shall be compatible in design, shape, and material with the architectural and historic character of the building they project from. F. Marquee Signs Marquee Sign means any permanent structure which is attached to and supported by a building and which projects outward from the building and contains lettering or graphics which convey a message. Marquee Signs must meet the following regulations. 1. Allowed only in the Downtown Historic District (DTH). 2. Marquee Signs shall be built as an integral part of the marquee and shall be constructed of incombustible material. 3. Marquee Signs shall be limited to 50 percent of the area of the vertical surface of each face of the marquee. 4. The marquee on which Marquee Signs are attached shall not have a vertical height of more than six feet nor exceed 75 percent of the width of the building or store frontage. 5. The Marquee shall be at least 8 feet above the sidewalk. 6. Marquee Signs may be illuminated. CITY OF WYLIE SIGN REGULATIONS Page 18 7. Marquee Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. H. Canopy Sign Canopy Sign means any canopy displaying a business name or logo. Canopy Signs must meet the following regulations. 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the face of the canopy, or a maximum of twenty-five (25) square feet, whichever is greater. 4. An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the portions of the canopy face on which a sign or stripe is permitted. CITY OF WYLIE SIGN REGULATIONS Page 19 6. MONUMENT SIGN REGULATIONS All Monument Signs shall be compatible with the colors and materials of the building that is located on the same lot as the sign. Sculpted aluminum sign panels will be allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs. Additional monument sign regulations are as follows: A. Properties with Multiple Tenants Shopping centers and office buildings with multiple tenants are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size - 150 square feet 2. Maximum height - 10 feet measured from grade. 3. Setbacks a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. c. 250 feet from any other Monument Sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Monument Signs may include a maximum area of thirty-two (32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. B. Properties with Single Tenants Businesses located on individually platted land including individual pad sites within a shopping center are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size - 90 square feet 2. Maximum height - 10 feet 3. Setbacks a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. c. 250 feet from any other monument sign on the same property, measured along the right-of-way. 4. Changeable Message Signs. Signs may include a maximum area of thirty- two (32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. CITY OF WYLIE SIGN REGULATIONS Page 20 C. Gasoline Pricing Signs 1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase on the premises must be a Monument Sign. 2. The Gasoline Pricing Sign must be integral to the permitted sign for the site, subject to the following limitations: a. The pricing display may not scroll, flash, or change more frequently than once a day. b. The pricing display may not exceed two-thirds of the gross sign area per sign face. c. Only one pricing display is allowed per site. d. Internal illumination may be used for the pricing display only. 3. Maximum size — 90 square feet 4. Maximum height— 10 feet 5. Setbacks a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. D. Material Regulations All Monument Sign bases shall be constructed of the same material as the front building facade on the same site or shall be compatible in design with stone or brick. The Sign Support must be constructed or covered with the same masonry material as the principal building, or stone, or brick. Sculpted aluminum sign panels will be allowed. All sign text and graphic elements shall be limited to a minimum of six inches from the outer limits of the sign structure. E. Illumination Monument Signs shall be illuminated by a ground lighting source where the light itself and supporting structure are screened from public right-of-way, except, signs with sculpted aluminum panels, cut-out letters, or other type of raised lettering may be back lit using internal lighting. F. Model Home Signs Model Home Sign means a temporary Real Estate Sign identifying a homebuilder's model home open for inspection. Model Home Signs are subject to the following regulations: 1. Model Home Signs require a permit and may be erected in residential zoning districts on the same lot as the model home. 2. Each builder in a subdivision may have one Model Home Sign for each model home and the permit for each sign shall be granted for a period of time to coincide with the validity of the model home's certificate of occupancy. CITY OF WYLIE SIGN REGULATIONS Page 21 3. Model Home Signs shall be Ground or Monument Signs. 4. The maximum height of a Model Home Sign shall not exceed four (4)feet from the grade. 5. The maximum area of the sign face shall not exceed eight (8) square feet. 6. Required setback shall be fifty percent (50%) of the distance between the front property line and the building, but no less than ten feet from the front property line. CITY OF WYLIE SIGN REGULATIONS Page 22 7. OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Ordinance. A. Menu Board Signs Menu Board Signs must meet the following regulations: 1. Menu Board Signs may be Attached or Monument Signs. 2. The maximum height is six (6) feet. 3. The maximum sign area is twenty-four (24) square feet. Only one sign face is allowed per sign. 4. All Menu Board Signs shall be located at the side or rear of the principal building. If two signs are erected they must be at least eighteen feet apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen feet (15') from any property line. B. Subdivision Entry Signs Subdivision Entry Sign means any permanent on-site sign identifying a subdivision located in a residential zoning district. Subdivision Entry Signs must meet the following regulations. 1. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or on a Monument Sign. 2. Attached Signs may not project above the top of the wall on which they are attached. 3. The maximum sign area is thirty-two (32) square feet for Attached Signs. 4. Only one Monument Sign or two attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. 5. Monument Signs may be located in the median at the street entrance if approved by the City in an approved plan, within the developer's agreement, or by separate application. C. Directory Signs Directory sign means a permanent on-site sign identifying the buildings in the development or providing information on their location. Directory signs must meet the following regulations. 1. Directory Signs may be either Attached or Monument Signs. 2. Directory Signs must be located a safe distance from the entry drive and the public right-of-way as determined by the City's engineer. 3. Only one Directory Sign is allowed per street entrance. CITY OF WYLIE SIGN REGULATIONS Page 23 D. Institutional Signs Institutional Sign means a permanent on-site sign used to identify governmental and municipal agencies, public schools, churches, or similar public institutions, and used to communicate messages of public importance to the general public. Institutional Signs must meet the following regulations. 1. Institutional Signs may be Attached and/or Monument Signs. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll, flash, or change more frequently than once a day; c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. E. Pole Signs Pole signs are prohibited within the City of Wylie except within the area identified in Section 7.E.1. below. 1. Location. Pole Signs shall only be allowed for businesses fronting State Highway 78. Pole Signs must be located within fifty feet (50') of the right-of- way of State Highway 78. 2. Lot Frontage. Lots containing a Pole Sign must have at least seventy-five feet (75') of continuous frontage along State Highway 78. 3. Properties with Multiple Tenants. Shopping centers and office buildings with multiple tenants, are permitted to erect a maximum of two (2) Pole Signs. Each sign shall comply with the following regulations: a. Maximum size - 100 square feet b. Maximum height - 25 feet c. Clearance - Eight and one-half feet (8.5') from the adjacent street curb level to the bottom of the sign. d. Setbacks - (i) at least eight feet (8') from the ultimate street right-of-way, but in no case less than fifteen feet (15') from the adjacent curb. (ii) thirty feet (30') from property lines other than those property lines fronting the street right-of-way. (iii) two hundred fifty feet (250') from any other Monument Sign or Pole Sign on the same property. CITY OF WYLIE SIGN REGULATIONS Page 24 4. Properties with Single Tenants. Businesses located on individually platted land including individual pad sites within a shopping center are permitted to erect one (1) Pole Sign. Pole Signs shall comply with the following regulations: a. Maximum size - 60 square feet b. Maximum height - 20 feet c. Clearance - Eight and one-half feet (8.5') from the adjacent street curb level to the bottom of the sign. d. Setbacks — (i) at least eight feet (8') from the ultimate street right-of-way, but in no case less than fifteen feet (15') from the adjacent curb. (ii) thirty feet (30') from property lines other than those property lines fronting the street right-of-way. (iii) two hundred fifty feet (250') from any other Monument Sign or Pole Sign on the same property. 5. Sign Design. All Pole Signs must be supported by two (2) vertical supports located at the outer extremities of the sign face. No single Pole Signs shall be permitted. 6. Sign Material. All vertical structural supports (poles) shall meet the wind pressure and dead load requirements contained herein. No wooden vertical structural supports (poles) shall be allowed. 7. Changeable Message Signs. Pole Signs may include a maximum area of thirty-two (32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. CITY OF WYLIE SIGN REGULATIONS Page 25 8. TEMPORARY SIGN REGULATIONS A. Development Signs Development Signs are allowed subject to the following regulations: 1. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts 2. Development Signs must be related only to the property on which they are located. They may be Monument or Pole Signs provided that a minimum of two vertical sign supports are utilized. 3. Maximum height of a Development Sign shall be 15 feet. 4. Required setback for a Development Sign shall be 30 feet or the required building line if less than 30 feet. 5. The maximum sign area per sign face shall not exceed sixty (60) square feet. 6. Each development site may have one such sign for each 50 acres under active development. 7. A Development Sign must be removed when the project is 90 percent complete. In the case of a commercial project, 90 percent complete means when a certificate of occupancy is issued for a shell building. For a residential project, 90 percent complete means when 90 percent of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations. 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached, Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9) square feet and a maximum height of four feet (4')for property located in a Residential Zoning District. Signs located in a Non-Residential Zoning District shall not exceed thirty-two (32) square feet in sign area and ten feet (10') in height. 4. Real Estate Signs shall be set back at least eight feet from front property line. 5. Real Estate Signs are limited to one per street front. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time. Promotional Signs are subject to the following regulations. CITY OF WYLIE SIGN REGULATIONS Page 26 1. All Promotional Signage requires a permit. A maximum of two (2) permits are allowed for each calendar year. A separate permit is required for each two-week period Promotional Signage will be used. Promotional signs will be considered as a group and not as each individual sign, streamer, banner, etc. 2. Promotional Signage may include flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a maximum of two (2) banners is allowed, in addition to flags, pennants, streamers, balloons, inflatable or other promotional signage per permit. 3. Promotional Signage is allowed for two, two-week periods each calendar year per legal business subject to the following: a. A two-week period will commence on the first day Promotional Signage is displayed. b. The two two-week periods shall not occur in the same or consecutive months. c. A legal business shall include any commercial, industrial, or institutional use for which the building inspection department has issued a certificate of occupancy. d. In the case of a special promotion for a grand opening celebration, one period may be extended to a three-week period provided the promotion commences within the first three months of the date of issuance of a certificate of occupancy and the grand opening is limited to the address noted on the certificate of occupancy. EXCEPTION: A business that is in its initial year of operation is allowed to extend the time promotional signs are displayed, one time, from two weeks to 30 days. 4. Any device described as Promotional Signage shall not exceed an overall height of 25 feet. 5. The following setbacks apply. However, the setbacks may be increased for any Promotional Signage found by the City to block traffic visibility or constitute a traffic hazard. a. 15 feet from street right-of-way. b. 40 feet from property lines other than those property lines fronting the street right-of-way. c. 250 feet from any other monument sign on the same property, measured along the right-of-way. CITY OF WYLIE SIGN REGULATIONS Page 27 9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY Any sign permitted by this Ordinance may be erected within the public right-of-way (unless otherwise prohibited by municipal, county, state or federal law) provided that the following conditions are met: A. Permits. No sign may be erected within a right-of-way until a permit has been obtained and the proper permit fee paid. No sign shall be placed on private property or in the right-of-way adjacent to developed private property without the private property owner's written consent. Any permit issued for a sign in the right-of-way shall expire on December 31 of each calendar year and a new permit is required. B. Time Limitations. Signs shall be placed within the right-of-way only between the hours of noon (12:00 p.m.) Friday and 9:00 p.m. Sunday. C. Location. Signs located in the right-of-way shall comply with the following location regulations. 1. Signs shall not be placed within any median. 2. Signs must be a minimum of five feet (5') from the adjacent edge of curb or pavement, which includes improved surfaces and shoulders. 3. Signs shall not be placed within fifty feet (50') of any street intersection or within twenty-five feet (25') of any alley or curb cut. Additionally, no sign may be placed within any defined visibility triangle or in any manner that may obstruct traffic visibility. 4. Signs shall not encroach upon or obstruct any designated sidewalk or pedestrian way. 5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling premises. D. Size. Signs located within the right-of-way shall not exceed six (6) square feet. E. Height. Signs located within the right-of-way shall not exceed a total height of three feet (3'). F. Number of Signs. The maximum number of permits that shall be issued to any one person, company, builder, entity, group or corporation, or any of the foregoing that are associated or related, for signs located in the right-of-way is twenty (20). For example, a company is limited to 20 right-of-way permits. A company may not send multiple employees to get 20 right-of-way permits each. CITY OF WYLIE SIGN REGULATIONS Page 28 G. Sign Placement Vehicles. Any vehicle used during the installation and removal of signs must have one (1) revolving amber strobe light that is visible at five-hundred feet (500') in the daylight on top of the vehicle and one (1) revolving amber strobe light that is visible at five-hundred feet (500') in the daylight on the rear of any trailer being used in addition to vehicle and trailer flashers. The lights should be used only when slowing down or stopping on the roadway. Vehicles shall stop only in the right hand lane when installing or removing signs with both flashers and amber lights operating. H. Tampering with Permit Decals. Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs located in the right-of-way, or falsifies an affidavit required to obtain a permit, shall, in addition to the other penalties set forth herein, have all rights to place or have placed signs in the right-of-way with the City of Wylie revoked for a twelve (12) month period. I. Temporary Banners and Streamers in the Right-of-Way. The Board of Adjustment may grant exceptions to allow banners and streamers to be placed in the public right-of-way. Approval of such signs shall be on a case by case basis. Signs of this type shall refer only to civic or non-profit functions that benefit the community as a whole. Exception requests shall include the size, number and location of all signs as well as the dates the signs will be placed within the right-of-way. Any change in size, location, number or date of placement must be approved by the Board of Adjustments. No fee shall be required to request an exception of this type from the Board of Adjustments. J. Removal of Unpermitted Signs. Unpermitted signs, or signs in violation of this Ordinance, may be immediately removed from the right-of-way. Signs may be disposed of as set forth in Section 3.K. above. CITY OF WYLIE SIGN REGULATIONS Page 29