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11-13-1997 (Zoning Board of Adjustment) Agenda Packet „/"- Zoning Board of Adj ,• ustments ; . 4 c�n �rwwe Called B usi ness Meeting November 13 , 1997 AGENDA ZONING BOARD OF ADJUSTMENTS WYLIE MUNICIPAL COMPLEX November 13, 1997 7:00 p.m. CALL TO ORDER ACTION ITEMS 1. Consider approval of the Minutes of the November 10, 1997 Regular Business Meeting. PUBLIC HEARING 1. Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which requires a 20-foot maximum height for a general business pole sign. 2. Hold a Public Hearing to consider an appeal from Metroplex Multifoods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which require a maximum allowed area of 60 square feet for a general business pole sign. . ADJOURNMENT Posted November 7, 1997 @ 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. Zoning Board of Adjustments #1 Action Item Re: Approval of the Minutes from the November 10, 1997, Regular Business Meeting November 13, 1997 Consider approval of the Minutes from the November 10, 1997 Regular Business Meeting. Note any changes or additions which need to be made. Minutes of the Zoning Board of Adjustments The Zoning Board of Adjustments met in a Regular Business Meeting on November 10, 1997 at 7:10 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Highway 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman Gerald Clark, Emily Hartwig, Marilyn Herrera, Ken Ryburn, alternates Denise Mays and Jeff McCoy (voting member). ABSENT: None STAFF MEMBERS PRESENT: Mike Phillips - Building Official and Rebecca Rogers - Secretary. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes of the September 8, 1997 Regular Business Meeting. A motion was made by Marilyn Herrera,seconded by Jeff McCoy, to accept the minutes with noted corrections. Motion carried, all in favor(5). PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing to consider an appeal from Robert M. King for a variance in regards to the decision of the Building Official denying the request to delete the requirement for the construction of a six foot masonry fence. Mr. King proposes to construct an office building, warehouse and equipment storage yard at 1323 and 1327 Century Way and further described as Lots 5 & 6, Block C in the Century Business Park Addition. Chairman Clark opened the Public Hearing. Don Raines, 316 N. Glenbrook, Garland, Texas, was present to speak on behalf of the request. Mr. Raines stated there is heavy vegetation and a dense tree line on the property line (est. 20-22 ft. wide) that forms a natural barrier between this property and the two homes located on Martinez Lane. The builder proposes to construct a six foot high chain link fence and save the tree line. Construction of a masonry fence would result in loss of trees. Types of trees and vegetation is unknown, believed to be some Hackberry trees there. Charlie Shearer, 12970 Pandora Drive, Dallas, Texas, architectural designer,was also present to speak on behalf of the variance request. Mr. Shearer stated that a masonry wall would be difficult to maintain and keep in line over time due to the expansive nature of the soil. Also trees would be destroyed due to the footings and chemicals from the concrete. A chain link fence would be placed on the inside of the trees and red tip photinias would be placed on the inside of that fence to further provide a live screen wall. Chairman Clark closed the Public Hearing. A motion was made by Marilyn Herrera, seconded by Jeff McCoy to grant the variance to delete the requirement for a six foot wood or masonry fence with the stipulation that a six foot(6')chain link fence be erected and red tip photinias be planted and if any of the large, mature trees which form this barrier should die, the property owner would be required to replace them or if not replaced, be required to construct the required six foot masonry or wood wall required by the Zoning Ordinance. Motion 1 carried, all in favor(5). Variance granted. ADJOURNMENT A motion was made by Emily Hartwig, seconded by Ken Ryburn, to adjourn the meeting. Motion carried, all in favor(5). Respectfully submitted, --WV,OL.&) Gerald Clark, Chairman Rebecca Rogers, Secretary Minutes filed on 11/11/97 at 10:50 a.m. 2 pZoning Board of Adjustments #1 Public Hearing Variance Request for Taco Bell sign height requirement November 13, 1997 Issue Consider an appeal from Metroplex Multifods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which require a 20-foot maximum height for a general business pole sign. Background Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase property in the Martinez Addition, Phase II, located at the corner of Kirby Street and Hwy. 78, adjacent to the Exxon Station. They wish to construct a Taco Bell at this location and are requesting to erect a general business pole sign not to exceed 50-feet. A sign height variance is necessary if the applicant is to comply with Taco Bell requirements. The location of the proposed restaurant requires a sign higher than the 20- foot maximum height that our Sign Regulations allow. Although this proposed sign is located in a Retail zoned district, it abuts the residential subdivision of Holiday Terrace Addition. The Ordinance requires that an illuminated sign must be 150 feet from a residential district or be restricted to internal illumination that shall not exceed 40 watts per every twenty-five square feet or any portion thereof of the sign face. In considering the request for a variance to the sign ordinance, the Board must consider, but not be limited to, the degree of variance, the reason for the variance, the locations of the variance, the duration of the variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The Community Development Department issued 20 Public Hearing Notifications to property owners within 200-feet of the proposed site. One was returned which was not in favor of the appeal. Attachments Variance Request Application Public Hearing Notices and Responses Location Map Copy Zoning Ordinance re: Sign Regulations and variance procedures APPEAL TO THE BOARD OF ADJUST!`.IENTS 5100 FEE CITY OF WYLIE,TEXAS DATE:May 22, 1997 PLEASE.TYPE OR PRINT '.;,SING B A K IN1S DATA RELATIVE TO VARJANCE REQUECT: ' Street Address: Kirby Street Zoning District: Lot Number: Block Number Addition: Martinez Addition TO THE HONORABLE BOARD OF ADJUSTMENTS: Metriokex Multifoods, Inc. (903) 586-1524 A (Phone 1nbt�g ( 101 E. Cherokee Jacksonville, Tex , I (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance requeit• Sign height restriction for Taco Bell identification sign Ie order to make a flndir.g of hzsdship and to grant a variance,the Board of Adjustments must determine that all of the following conditions are met State how your reetrest meets these conditions. Please note that the • stated hardship shall nut be financial nor srlf-Induced. a. The requested variance does not violate the intent of the ordinance or its amendments: Applicant desires to construct and operate a Taco Bell restaurant. hg� hei ohr vari uire ic s. The ocation otthe propose stattranr rerpti res an i rlenti fi rati on sign higher. than ordinance a! ows. b. Special conditions r)frectricted area. shape,topography,or phyNicrl features exist that ate peculiar to the sucject parcel of land and are not t:l•lica I to other parcels of'and in the same zoning district: Requirements for Taco Bell sign height depends upon each location and especial —sight of view from nearest marjor thorD1tghfare_ • • c. The hardship is n no way the result of the a plican"s own action?. Applicant has subject land under contract for purchase. If necessary permits cannot be obtained including sign IieigI-►t variance, applicant_will withdraw from proposed purchase of d. The interpretation of the provisions irf this ordinance or its amendments would deprive the applicant cf ,I right:commonly enjoyed by()that properties in the same zoning district,that comply with the same provisions: Applicant believes Taco Bell restaurant will increase economic activity in the area and benefit other business owners in the Same Toning dictrirt- Attached is copy of part of plat showing in yellow the land being purchased by Metroplex Multifoods, Inc. • p.2 PLEASE CHECK ONE: XX I will represent this variance request at the Board meeting. I will not be able to represent this variance request at the Boald meeting. My authorized representative,who will requect this variance before the Board of Adjustments is: Name - Phone Number • Street Address City State Zip Cede I do hereby certify that the above statements are true and corree ''' y knowledge. Ap icant's Si ., tare' Date • STATE OF TEXAS `%'_^ ^'I^ COUNTY OFCOLLIN t t\51ILJ�UI • vihrdt„±ertzm - _taik. 'e 22nd d ere a 19 97 by rp� nn `� `� ,wi o en his/her cat• s the the above atatemeats are true and correct best•i1'> Aic 'i , . S , �►��a� As, = STATE OF TEXAS Ct��-- i.•& ��� _. '„ 0- My Commission Expires 10.30_9.9 Notary Public L6 ♦ PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER•THAN THE APPLICANT Henry Martinez and Betty Martinez (972) 442-5571 Property Owner Phone Number James Blakey, c/o Century 21 , 205 South Ballard, Wylie, Texas (972)442-7508 Street Address City . State Zip Code Tenant Name Phone Number • Street..Address City State . Zip Code If the oviiter of the su':ject property is rc•t the applicant,by signing below,the owner authorizes the applicant or his authorized representative to make this application on its behalf and to appear-before the Board, Owner Date • STATE OF TEXAS • COUNTY OF COLLIN Subscribed and sworn'o before me thie the day of . 19 by ,who,en his/her oath certifies that the above statements are true and correct to the best of his/her knowledge. Notary Public • Attorney for Henry Martinez Joe Semons 899 E. Arapaho Road Richardson, Texas (972) 644-1106 } NOTIFICATION REPORT APPLICANT: AfleirOpieg Focd3 • APPLICATION FILE# -ram & J24 .. Name & Address $i , 17aNia,vl,r✓P� � ATTORNEY, AGENT: 2e GteiG Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME _ ADDRESS A I iV �Br--ivtez 2/2/ QLlai C ,fur rn vrrrts �e�ry l V (arfll�lCZ Po�f�r�9 v 11 ' o/� „ ��erd 25r C-sar/avid Tx 75 - g00ll ►t .2. i 1 ileiirJ Oar--tfr e2 see ,a bo✓e tI ,1 try 1t7 fsn i /C CraGt) Ql 1 eopiApavy Pgigg,',2 7X 7541 ' 0220 ,I 3 A ,, Nehr y fv7ar�iiie2. Spe above I' IS. ,, /1 I r • 4 ,, . /, il II 5 it II // 1 1 Id iday 7rrace 15. SChu 11 , Jr PD. &ox 54 Alvi 'e 75aI8 i. 2 Peb f-erriandez e02 /V1ard i (sras - Wylie ,, ►I . A. A 14a-1--field Pp 69 - GUy 1 i 4 1' Mavis lac &raw go& Mardi a 5 - Gt/ylie I' 5 lobby &o+hav'd 006 /Y')fr 6ra • UJ /i e ,, Co 1` Dav►G I• lai i-hlec/ Sio Mardi Gras • Gvyl/e 7 Ne k oKi C. Sirnrnovls 600 Iliad; (ra s - Willie 2 31 it shelbo Let- .04s Ool /Y2a.rdi Gras . Wylie NOTIFICATION REPORT , APPLICANT: APPLICATION FILE# .. Name & Address ATTORNEY, AGENT: 1 Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME _ ADDRESS 2 32 coliday "erracc eQx 2av do(p/ Pa Box 2o7 - 144 li/ 3,3 << Rober i- E. Wood PO. 567x 8o0i28 • ,g!llo". Mescipite T 7S/80. -o/28 34 . te . 1-41- LrYiatrI &07 1 an i • GIIg it 35 II Char( ell i 0 So 'i En.c S ma I le y 803 /Y1a r l i 67--aLS - wy/%t ii . 7 - Moicoiryi f. Cracd-Ford soI march. Csras - btJilie . I Mobusi • Sw i l-?e' Maussa Su,i-i-7 r- J- veo4ur Ra o°X-7--B o v�3 - 0343 A 812D T 21 /Y1G iil iel &ter rises Inc i Ia 8Tx ."25773 .O49D D.o Queer) lly iv . ii ,, 25 y A 2(07 5 • KMaild 1 ai i-F ec f -p 5b3 S. / Cu y 7$ • bu yl%e G h l e 1 e'lterp�-�i.sre5 ivy II l�tiry Qufev) Into.' lnc. see above k' ityof Wylie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA- TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address 2000 Highway 78 North•Wylie.Texas 75098• (972)442-8100• Fax (972)442-4302 ter is1. .c y_ofwy1�e PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below I am opposed to the request for the reasons listed below 1. T Aco e(I w ; I I be. ft+ my' toa_cV— \ e,e-cI 3. Signature 3a7 __-(_,) Printed Name k,' el 1,0 1,k Address l7 r\ r--C'tvl s 2000 Highway 78 North•Wylie.Texas 75098•(972)442-8100• Fax (972)442-4302 1 'fig o . ✓ K/RBY STR2 VI 0i I.P.F • •S 87o 37 00 E 166.76!• I.P.F. O WIDENING ."'�'' A" ' 80' . I.P.I �j •cF, 117.0 9': QF• � j 67.86 ".. • .. V 666/ O • cotp O 92 / 15 Utility Easement _ 3 \ 6 `\� o. N o C,� \�9 0 ` 1 o 0 E .' 00 \0009 25 Access Easement. o — / ` °�ti/ o �4P . / . Z Alex •• Lot 2 20 . Martinez co 1/ \ 0e,92 ' N kD I 0 0 . re-)��p'O \ tNo 01 M 0 .‘-'0. \ \\ Mo KS Ma � A ,, \ � 63 I ! N89° 58'00" E ty .• I P.F. 90.00 ` � • /3- •.• I eo.00' •\ 20' Utility Easement. 15' 15' 04 /r. { 15' p 1 \ M • \`'s9, Lot 3 - Lot I , BIk. 'A' \• �`F\ c, • 30�Access Easement Martinez Addition v' a \ K .�/ \ I \ P \ ^� o,co• 15' Utility Easement \ .. h �Q I.I.P.F. -&-/ \�2• 9 ` Curve Data o 'L \,la A= 57°29.52" �.(` � g`,•� R : 91.I4 1 52 25'Accass, 52 7 L. 91.46' 10 - p2 Esmf o 2 \ T: 50.00' 15'Utliitr Esm 4)2. V I.P.F.11, L • 5 2A / - 65' `6 2A / N�BIT 7 r, \ A v N� 0 oi t. r. VI�p /.. Lot 4 v', / N SIGN HEIGHT NOT TO EXCEED 50 FT. i K I RBY ST _i�= T - - - - - z/1_14 ___.._ ._.__ _.:./.7.. rs--- --5-8443 �ii--.:i . i _7— -- ____,__,, _cs _.__..__.__\\._-_,--...---i-/r,:-..-:::____.____. - - I--- - 4- - -4-r-1- le i ...—.- SCALE : 1 "=30 ' I ? �I _ Th .__ ° /.. CO �I 30' ACCESS :,4 0 EASEMENT -- /x x TRACT BOUNDARY -- X _.) i01# 0 15 ' UTILITY N , 9 EASEMENT I II p � n ' a Q 1 i � j � � o � o $1 p iI-I► / _o_ _ \ „ j_____)/h / j I 1 ---------------- ----7-------- N 89° 58 ' 00 " E 90. 0' 1� I I - XH I 3 I T # 2 I . • arranged as to have a vertical height g) Subdivision Wall Signs or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques are limited to combination of the sign widths,when residential zoning districts and shall not exceed placed side by side,shall not exceed thirty(30) square feet. Subdivision wall signs seventy-five(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by means of spot-lighting oaly. Subdivision wall • 3) General business wall signs must signs or plaques shall only be allowed in the be located over the business for which absence of a free-standing subdivision entry they are intended. Wall sips may sign. • illuminated, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are w be shall prohibited unless facing a permitted. The total area of all window signs II non-residential zoning district. on an elevation of a building may not exceed twenty-five(25)percent of the window area of d) Projection Over Private Property: that elevation. i... Projections other than awning or canopy signs 27.18 Requirements for Free-Standine Signs: over private property shall be allowed over pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Signs shall but not to exceed the following: be erected in districts zoned B-1,B-2 and I,and shall not exceed one hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet minimum of sixty(60)feet. e) Awnine Signs: An awning sign may extend b) Agricultural Signs: Agricultural signs, the fill length of the wall of the building to limited to advertising produce crops or animals which it is attached and shall be no more than . on a farm, may be erected in any Agricultural } six (67) feet in height and shall not be placed (A) zoning district, and shall not exceed fifty . less than seven (7) feet above the walking (50) square feet. Maximum height of an surface below it. Art work or copy on awning agricultural sign shall be fifteen(15)feet with signs shall be limited to a business name and/or a required setback of thirty(30)feet from the logo and shall not exceed twenty(20)percent front and side property lines. Spacing between of the area of the awning and shall extend for no sipjis shall be a minimum of two hundred(200) more than filly(50)percent of the length of the feet. awning. ' c) Apartment Signs: Apartment signs may be f) Canopy Signs: A "canopy sign" may be erected in any residential zoning district, and placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. i canopy. The sign may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10)feet for a monument sign and twelve canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback (10)percent of the face of the canopy of which of Been(15)feet from the front property line. it is a part of or to which it is attached, or a Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. whichever is greater. An illuminated stripe may be incorporated into a canopy. The stripe d) General Business Signs: may extend along the entire length of the face of 1) General Business signs may be the canopy. The width or thickness of the stripe erected in non-residential zoning shall be limited to one-third(1/3)of the vertical . districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of,a general or stripe is permitted. • business sign shall be ten (10)feet for a monument sign and twenty(20)feet Page 40 ` Suppl. No. 1 I for pole signs. Required setback portion shall not exceed seventy(70) shall be eight (8) feet from the front square feet and the reader board property line and shall be located a portion shall not exceed thirty (30) minimum of six (6) feet from square feet. Multi-purpose sips may adjoining private property lines and a have any combination of directory and minimum of sixty(60)feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose signs, the maximum overall general business signs must be area shall be two hundred and twenty constructed of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five 1) An identification sign may be . (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose •signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification • • 4) Maximum height shall be ten(10) sign shall be ten (10) feet for • feet for multi-purpose monument monument sign and twenty (20)feet signs and twenty(20)feet for multi- for pole signs. Required setback shall purpose pole signs. • be eight (8) feet from the front property line and six (6) feet from • 5) Required setback for multi- • adjoining private property lines, and • • pin-pose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60)feet from any other free- property liners. Multi-purpose signs standing sign. are limited to one(1)per street front and a minimum spacing of sixty(60) 2) Identification signs shall be .feet from any other free-standing sign constructed of materials that arc not must he maintained. - subject to deterioration when exposed to the weather. Such signs, lihen 6) Multi-purpose signs shall be • internally illuminated, must be constructed of materials not subject to constructed of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally u • illuminated must he constructed of f) Institution Signs: Institution signs may be incombustible materials or approved elected in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten(10) h) Municipally Owned Sims: Municipally feet, except that monument type signs in non- owned signs may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100) square feet with a maximum height of ten(10) square feet,shall be reviewed by the Building feet. Required setback shall be fifteen (15)feet Official for specific approval. Municipally . from the front property line and institution signs owned signs shall not be placed in any sight are limited to one (1)per street front. visibility triangle and shall be located at least twenty-five(25) feet from any privately owned g) Multi-Purpose Signs: pawl of land. •Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20)feet in overall height. Page 41 Suppi. No. 1 I § 27 WYLIE CODE I 27.9. Investigation fee: work without a permit. bona fide use or does not conform to this ordi- (a) Investigation.Whenever any work for which nance shall be removed by the owner, agent or a permit is required by this ordinance has person having the beneficial use of the land, been commenced without first obtaining a buildings or structure upon which such sign is permit,a special investigation shall be made located within ten days after written notification before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is- deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- tigation fee shall not exempt any person cial use of the premises shall remove or repair the from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10,27.12,or 27.13 (27.11,27.13, days after the date of issuance, the permit shall or 27.14] shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign.The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of(or) laws of this are jointly and severably (severally) liable for any state or the federal government. Such suspension expense incident to removal. or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located (sic). Any signs this ordinance (section 27) shall be heard by the installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent.No spect annually,or at such other times as he deems variance shall be granted by the board if the same necessary, each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety; adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of I useful purpose and whether it is in need of land, protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- I the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 I I APPENDIX A-ZONLNG ¢27 ment shall consider, but not be limited to, the be subject to the requirements of subsec- degree of variance, the reason for variance re- tions (d) and (e) of this section. Marquee quested, the location of the variance request, the signs may be illuminated. duration of the requested variance, the effect on public safety,protection of neighborhood property, (c) Wall signs. the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs with the city. The decision of the (1) Wall signs shall not exceed 40 square board of adjustment shall be final. A variance feet or the product of two times the from this ordinance is valid only if a permit is lineal footage of the wall area available to such signs or store frontage for which I secured within 90 days from the date of the decision. such signs are intended, whichever is greater. Such signs shall not have a vertical height of more than six feet,' When considering an appeal to this ordinance, members of the board of adjustment shall consti- nor exceed 75 percent of the width of the available wall area or store front- tute a quorum.A concurrI. ing vote of a majority of age.Vertical clearance shall be subject those present shall be necessary to render a I decision in favor of the appellant, or to overrule [sic] of this section.Wall signs shall not any interpretation of this ordinance by the build- to the requirements of subsection (d) extend above the wall to which they ing official. are attached. Wall signs shall be lim- 1 ited to the following categories: adver- Specific • Limitation Provisions tising, apartment, construction, gen- • eral business,identification,institution, ( 27.17. Requirements for wall signs. and real estate signs. l (a) Projecting signs. The horizontal portion of any projecting sign shall not be more than (2) In the case where two or more wall six feet in length, not to exceed 12 square signs are installed in a single wall l feet, measured from the building face and area, the gross surface area may not shall not be closer than two feet from the exceed two times the lineal width of back of the curbline.The height of the sign the wall area available to such signs. Ishall not exceed two feet. Such signs shall Such signs shall not be arranged as to be an integral part of the architectural have a vertical height of more than six design of the building. Vertical clearance feet.The combination of the sign Widths, I shall be subject to the requirements of when placed side by side, shall not subsections (d) and (e) of this section. exceed 75 percent of the width of the (b) Marquee signs. Marquee signs shall be wall available to such signs. built as an integral part of the marquee and shall be constructed of incombustible (3) General business wall signs must be material. Such signs shall not exceed 40 located over the business for which square feet or the product of two times the they are intended. Wall signs may be lineal footage of the building or store front- illuminated,however,illuminated wall • age for which such sign is intended, which signs on rear building facades shall be ever is greater. Such signs shall not have a prohibited unless facing a nonresiden- verticaeight of more than six feet nor tial zoning district. exceed 75 percent of the width of such I building or store frontage. Marquee signs shall not extend above the wall to which (d) Projection over private property. Projec- tions other than awning or canopy signs they are attached. Vertical clearance shall over private property shall be allowed over ICDA:41 I Zoning Board of Adjustments #2 Public Hearing Variance Request for Taco Bell sign area requirement November 13, 1997 Issue Consider an appeal from Metroplex Multifods, Inc. for a variance from the City of Wylie Zoning Ordinance "Sign Regulations" which require a maximum allowed area of 60 square feet for a general business pole sign. Background Metroplex Multifoods, Inc. develops and operates Taco Bell restaurants. Metroplex has a contract to purchase property in the Martinez Addition, Phase II, located at the corner of Kirby Street and Hwy. 78, adjacent to the Exxon Station. They wish to construct a Taco Bell at this location and are requesting to erect a general business pole sign that exceeds the maximum allowed area of 60 square feet as per the adopted sign regulations. The area of the sign sought is 121 square feet. This variance is necessary if the applicant is to comply with Taco Bell requirements (standard sign for Taco Bell). The location of the proposed restaurant requires a sign higher than the 20-foot maximum height that our Sign Regulations allow. Although this proposed sign is located in a Retail zoned district, it abuts the residential subdivision of Holiday Terrace Addition. The Ordinance requires that an illuminated sign must be 150 feet from a residential district or be restricted to internal illumination that shall not exceed 40 watts per every twenty-five square feet or any portion thereof of the sign face. In considering the request for a variance to the sign ordinance, the Board must consider, but not be limited to, the degree of variance, the reason for the variance, the locations of the variance, the duration of the variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs within the City. The Community Development Department issued 20 Public Hearing Notifications to property owners within 200-feet of the proposed site. One was returned which was not in favor of the appeal. Attachments Variance Request Application Excerpts from the Zoning Ordinance Location Map Copy Zoning Ordinance re: Sign Regulations Public Hearing Notices and Responses Rug 07 97 03:36p Rebecca Racers 972-442-8154 p.2 APPEAL TO THE BOARD OF ADJUSTMENTS • S l00 FEE CITY OF WYLIE,TEXAS DATE: 7/6//97 PLEASE TYPE OR PRIDE USING BLACK INK DATA RELATIVE TO VARIANCE REQUEST: . • Street Address: Zoning District: Lot Number: Block Number. Addition: 6El461 0.4 27, Act 7 T G� LA/Jo s/rvMso /,V. r-9 F.G. �q✓/o`.xa� •SUc vEy r AtsspeAor A1Et 26.7 A.J° A Peverof car g opt AfAe Ir4f Aovi77 / e rwt2 TO THE HONORABLE BOARD OF ADJUSTMENTS: 17-'t `t wyaE e '' T 4 S •KEI.IIJ 1 .>kPEL AIP.. (Applicant) (Phone Number) 3 .P °Lc> Sou-loco pow —P1 Goa. 7X 75701— 7,35/ (Street Address City State Zip Code) In accordance with the provisions of the Zoning Ordinance,appeal is now made to the Honorable Board of Adjustments to grant the following variance request: i MA>ctN A 1,1 EGJ s/ia N rag. A NEW 7Ae-o 2E_ — 121 sq. FceT' In order to make a finding of hardship and to grant a variance,the Board of Adjustments must determine that all of the following conditions are met. State how your request meets these conditions. Please note that the stated hardship shalt not be financial nor self-induced. a. The requested variance does not violate the intent of the ordinance or its amendments: *NE SIGN WlC1. Flr (r! WAr" Wtr}! 7}tE G!r`! IT /S oNt-y LAr eg,. b. Special conditions of restricted area,shape,topography,or physical features exist that are peculiar to the subject parcel of land and arc not applicable to other parcels of land in the same zoning district: T4E46 AR-G NoNE • • c. The hardship is in no way the result of the applicant's own actions: z Wotxo L.I KE Tr. IY-C T l' s[6/•t. IT IS A sraao 516� Far_ Ce) 13�LL d. The interpretation of the provisions in this ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district,that comply with the same provisions: TA co Be U- W It to A G ePoo P�.ssayno.J Ta r7ttc f rt�t of (API r-t E. "r VS W(- r7¢pS S/`^I T74w ANA • LS:T T L5. II end ECO-d £ -1 rse-d 2131.A.1 area l3L T©Tes206 -t .J AUG , ' risi Rug 07 97 03:36p Rebecca Rogers 97Z-44Z-B154 p.l • PLEASE CHECK ONE; 1 will represent this variance request at the Board meeting. X I will not be able to represent this'variance request at the Board meeting. My authorized representative,who will request this variance before the Board of Adjustments is: 1e-ENNE-77/ Dog.2er7- 10 3- 536 — 1524- 4-Arm Name Phone Number Jo! e . e-ife.eoY--f 57-ze- 7- ..1A -5vu JIt.LE 71l Street Address City State Zip Code I do hereby certify that the above statements are true and correct to the best of my knowledge. A7 Appli 's Signature Date ' STATE OF TEXAS COUNTY OF COLLIN " ,�f 1997 ,by Subscribed and sworn to before me this the__F — day of f} ee a,e-./t. A e/ ,who,on his/her oath certifies that The above statements are true and correct to the best of h' e- d.Ldea........... ....,., „- ' KRVA ALLISON • ~-} a 30 1 Leery NW.prey of tens Notary Public . ilrf alCiasatiia hoe tlessa - PLEASE COMPLETE THE FOLLOWING INFORMATION IF THE PROPERTY OWNER IS SOMEONE OTHER THAN THE APPLICANTr "av 4l,ex���1 ; �� b J S , v\ C . Eq 05> 5 S-Co- 1 (9(-1 Property Owner • Phone Number to/ F. C1-erc ec~ Gc Lan v,'/Ic 7 -)s-2 Co LP Street Address City r State Zip Code TGCp 'ae_l' ' Phone Number Tenant Name ' Street Address • City State . Zip Code • If the owner of the subject property is not the applicant,by signing below,the owner-authorizes the applicant or his authorized representative to make this application on its behalf and to appear before the Board. _ • �57 wn Date . STATE OF TEXAS COUNTY OF COLLIN D'I SL rib and sworn to before me this the d•T.+C, day of b 19q 7 .by /lli ,who,on his/her oath certifies that the above statements are true and correct ��y• to the hest of ts/her knowledge. 11,, r, . �f l �•..�• Notary` i' 1Public - • DIANNE J.GOFF .?� NOTARY PUBLIC \A 4) State of Texas \?.J Comm.Ex .12-O�d000 r c r . _ -. ---- a311.1 era -E,.TQLes ----_.__ --„S:L T..,6. L L S7d _�«-d f3S 1 t'B8-d -- - - - I • • E • r �+ 16 © is 0 :;, ', 1.a„,�.- ;, :x. 'd ` ',, ' 1_'N•'\.\- • . 2 ®Q yEM� CJ 2 15 D© e �� 'I .I 1 .),•,,. '..Sp, ' :„5,,* 1 ` !• - E l ,,'-t .. P 3 14 c-© 16 S.'� , .._•' , ,I• � �Oh. ST ? .,\. . i MI® 5 12 0 14 Urn°,,E 1. • ^ ,\• - • e :. ®- r1. y 4 •.•/•.•\ M WARBLE 5 ��••,�,�1 —J ua 10 • - j Oak Street • ' �. 2�.�1a. , `� .F F 01 5 I Iri 23456 7l8 29 =' , •' 3 " ..''•i'•" .•erSGr 17 I `�� , 44 - OAK ST • R� ■:� 6 1514 13111 10 9 27 . 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I,.l 1 -� 'a P .... / \ - ' - 1M J••. .aJ.. .. .. w cal .. Itl4a r'. • r • 1 •til ... F . NOTIFICATION REPORT APPLICANT: gAPPLICANT: I" 1e 2 leX r00d5 APPLICATION FILE it 7-Zeo �-� %�'� r Name & Address t$ , VaA ztA 1. size 4kiei ATTORNEY, AGENT: Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME _ /21 (Pilo/ / �u ADDRESS ii• ,l� I 11�ar-�'v>ez , � N>°r ►-y �/lar�►me? 2 Phil e TX 7598 ►t 1rnp✓mtS ►� Po ,emu' 4 ,90cS* 1 ohly EdZerd -7 " 2957 (1sar/a'id 7X 7504 - gooc1 Henry 110ar-1'vi ez, see above It l"g� �eerab 0iI CAD avl _r2iPO hiv�2TX 754/8- 0220 y � y l► 3 A Kerry 11'1ar iviez SAe. above ►' L/ II /I It It /1 ti /1• // 11 tt Ir /1 1 I {-id iday 7rrace B. Schu 1 tZ, Jr Po. Sox 54 Pivile 75a9g 1' 2 _ l` Pefe l-Jerra4de z 602 /bard i (ira s ' 11/y/i e it 3 ►I • i. A /4a�-P e ld Pp PJox _9 • Wylie 1t 4 It frrVi5 IY c 6-raw Roc Mardi 6ra 5 • It/ylie it it fobby ova rd eoB /Vrzi Gras - Wylie Davic I. Wh i-Fk eL J Sic Mardi Gras • ktiew e it 7 'I (AlejcioKI C. Sinyirnovis 600 Mardi (�ra5 • 1/Vglre 2 3 I II Shelby Lem.o'is Jo/ /l')ardi Gras • Wei lie • NOTIFICATION REPORT !' APPLICANT: APPLICATION FILE# r Name & Address ; ATTORNEY. AGENT: Name &Address • BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME _ ADDRESS 2 32 Nolida4 Terrace eov 12arid o1pli PO Box 2o7 • Wql i6 ,, 33 << koberl- E. Wood Po. 5 7x 800l2S • 4IVO*: . t /'?equ i fe 7X 7S/ O -o/28 1, o 4 it J. P . 0 i�Lmaii. 007 Nhrd ► 6raA- • �i/fi ll e It &5 ►, Oracles R. COnybell So5 l r7i (xracS • k1/ylie 1t So H Eric Sri II / 603 /11ar4i G-rai • wglie II . 7 ii IYalco(n i. Cra i-ror 8oi f)arci 6ras • Mille . Wczpoox4(0_70,3cyg Moussa . Sriiher f YlaLcsa ai4-�r . Ve►�+ur- - d 3(43 A- g20 T 24 - /)1 11 Ili e1 er rises Ino Po. la �Tx -2s773 -O D coin' Queer) lily go I i, It 25 y A 2(01 5 • 04 (0 1 f ani-Y C . 5o3 s. 1h `u 7$ • GUI/fieeiY] C ,e)le I t - is!YL � I� J�j . ry Queer Inv. �� See ahov� . L' ;I . �i of woe PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a maximum allowed area of 60 square feet for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner,you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 -:rlioV°14 :Crfy of Wylfe` PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a maximum allowed area of 60 square feet for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 • ❑ I am in favor of the request for the reasons listed below , -. I am opposed to the request for the reasons listed below 1. T k)e I; z vt csci5' w"e, fc( �j. Py � � 5 �vt C Lit-i��� � -�c �'2. � � 3. `P S _ l( v( -(Le Po C iv fI — c� ' i cc, S t{)i Signature'' t•Li9 �j �� `� Printed Name �<t✓� C� V��4� \v\t �( Address (�� ( c VARc&'1 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 t n arranged as to have a vertical height g) Subdivision Wall Signs or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques are limited to — combination of the sign widths,when residential zoning districts and shall not exceed placed side by side,shall not exceed thirty(30) square feet. Subdivision wall signs seventy-five(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by I means of spot-lighting only. Subdivision wall 3) General business wall signs must signs or plaques shall only be allowed in the be lxated over the business for which absence of a free standing subdi ision entry .5 they are intended. Wall suns may sign. illuminated, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are i shall be prohibited unless facing a permitted. The total area of all window signs non-residential zoning district. on an elevation of a building may not exceed Twenty-five(25) percent of the window area of d) Projection Over Private Property: that elevation. ... Projections other than awning or canopy signs 27.18 Requirements for Free-Standing Signs: over private propety shall be allowed over g. pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Sips shall but not to exceed the following: be erected in districts zoned B-1,B-2 and I, and al shall not exceedone hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet minimum of sixty(60)feet. 1 e) Awning Signs: An awning sign may extend b) Agricultural Signs: Agricultural signs, the full length of the wall of the building to limited to advertising produce crops or animals which it is attached and shall be no more than . on a farm, may be erected in any Agricultural ' six (67) feet in height and shall not be placed (A) zoning district, and shrill not exceed fifty . less than seven (7) feet above the walking (50) square feet. Maximum height of an surface below it. Art work or copy on awning agricultural sign shall be fifteen(15)feet with signs shall be limited to a business name and/or a required setback of thirty(30)feet from the E logo and shall not exceed twenty(20)percent front and side property lines. Spacing between of the area of the awning and shall extend for no sires shall be a minimum of two hundred(200) more than fifty(50)percent of the length of the fet. awning. ' c) Apartment Signs: Apartment signs may be f) Canopy Signs: A "canopy sign" may be erected in any residential zoning district, and ! placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. 1 canopy. The sip may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10)feet for a monument sign and twelve canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback (10)percent of the face of the canopy of which offrft•en(15)feet from the front property line. it is a part of or to which it is'attached, or a Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. I whichever is greater. An illuminated stripe may be incorporated into a canopy. The stripe d) General Business Signs: • may extend along the entire length of the face of I) General Business signs may be the canopy. The width or thickness of the rta ipe erected in non-residential zoning shall be limited to one-third(1/3)of the vertical districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of a general or stripe is permitted. business sign shall be ten(10)feet for a monument sip and twenty'(20)feet Page 40 Suppl. No. 1 • for pole signs. Required setback portion shall not exceed seventy(70) • shall be eight (8) feet from the front square feet and the reader board property line and shall be located a portion shall not exceed thirty (30) minimum of six (6) feet from square feet. Multi-purpose signs may adjoining private property lines and a have any combination of directory and minimum of sixty(60) feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose signs, the maximum overall general business signs must be area shall be two hundred and twenty constructed of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five 1) An identification sign may be (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose •signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification 4) Maximum height shall be ten(10) sign shall be ten (10) feet for a • feet for multi-purpose monument monument sign and twenty (20) feet signs and twenty(20)feet for multi for pole signs. Required setback shall purpose pole signs. • be eight (8) feet from the front property line and six (6) feet from • 5) -Required setback for multi- • adjoining private property' lines, and • purpose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60) feet from any other free- • property'liners. Multi-purpose signs standing sign. are limited to one (1)per street front and a minimum spacing of sixty(60) 2) Identification signs shall be fast from any other free-standing sign constructed of materials that are not must he maintained. subject to deterioration when exposed to the weather. Such signs, when 6) Multi-purpose signs shall be •• internally illuminated, must be constructed of materials not subject to • constructed ,of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally t • illuminated must be constructed of f) Institution Signs: Institution signs may be incombustible materials or approved erected in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten (10) h) Municipally Owned Sims: Municipally feet, except that monument type signs in non- owned sips may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100) square feet with a maximum height of ten(10) square feet, shall be reviewed by the Building feet Required setback shall be fifteen(15)feet Official for specific approval. Municipally . from the front property line and institution signs owned signs shall not be placed in any sight are limited to one(1)per street front. visibility triangle and shall be located at least twenty-five (25) feet from any privately owned g) Multi-Purpose Sims: parcel of land. Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20)feet in overall height. Page 41 Suppl. No. 1 I § 27 WYLIE CODE g I 27.9. Investigation fee: work without a permit. bona fide use or does not conform to this ordi- (a) Investigation. Whenever any wort:for which nance shall be removed by the owner, agent or a permit is required by this ordinance has person having the beneficial use of the land, been commenced without first obtaining a buildings or structure upon which such sign is permit,a special investigation shall be made located within ten days after written notification before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- cial use of thepremises shall remove or repair the tigation fee shall not exempt any person P from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10, 27.12, or 27.13 (27.11,27.13, days after the date of issuance, the permit, shall or 27.14) shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign. The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of(or) laws of this are jointly and severably [severally] liable for any state or the federal government.Such suspension expense incident to removal. I or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located [sic]. Any signs this ordinance [section 27] shall be heard by the I installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent. No spect annually; or at such other times as he deems variance shall be granted by the board if the same necessary; each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety; adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of useful purpose and whether it is in need of land, protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- I the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 I . to . arranged as to have a vertical height g) Subdivision Wall Sims or Plaques: of more than six (6) feet. The Subdivision wall signs or plaques arc limited to g combination of the sign widths,when residential zoning districts and shall not exceed . placed side by side,shall not exceed thirty(30) square feet. Subdivision wall signs seventy-frve(75)percent of the width or plaques are limited to two (2) per of the wall available to such signs. subdivision entry and may be illuminated by I means of spot-lighting only. Subdivision wall . 3) General business wall signs must signs or plaques shall only be allowed in the be keated over the business for which absence of a fret-standing subdivision entry they are intended. Wall signs may sign. • illuminated, however, illuminated wall signs on rear building facades h) Window Signs: Window signs are i shall be prohibited unless facing a permitted. The total area of all window signs non-residential zoning district. on an elevation of a building may not exceed twenty-five(25) percent of the window area of d) Projection Over Private Property_: that elevation. i>. Projections other than awning or canopy signs 27.18 -Requirements for Free-Standing Signs: over private property shall be allowed over pedestrian sidewalks,walkways and corridors, a) Advertising Signs: Advertising Signs shall g but not to exceed the following: - be erected in districts zoned B-1,B-2 and I, and shall not exceed one hundred(100)square feet. Vertical Clearance Maximum Projection Maximum height of an advertising sign shall be twenty (20) feet with a required setback of 7 feet or less 3 inches thirty(30)feet from the front and side property 7 or 8 feet 12 inches lines. Spacing between signs shall be a 8 feet or more 4 feet minimum of sixty(60)feet. e) Awning Sins: An awning sign may extend b) Agricultural Signs: Agricultural signs, the fill length of the wall of the building to limited to advertising produce crops or animals •, which it is attached and shall be no more than on a farm,may be erected in any Agricultural i six (67) feet in height and shall not be placed (A) zoning district, and shall not exceed fifty . less than seven (7) feet above the walking (50) square feet. Maximum height of an surface;below it. Art work or copy on awning agricultural sign shall be Eileen(15)feet with signs shall be limited to a business name and/or a required setback of thirty(30)feet from the logo and shall not exceed twenty(20)percent front and side property lines. Spacing between of the area of the awning and shall extend for no sires shall be a minimum of two hundred(200) more than fifty(50)percent of the length of the feet. awning. • . c) Apartment Signs: Apartment signs May be 1) Canopy Signs: A "canopy sign" may be erected in any residential zoning district, and placed on or be an integral part of the face a shall not exceed twenty-five (25) square feet. i canopy. The sign may consist of only the name Maximum height of an apartment sign shall be and/or logo of the business at the location of the ten (10)feet for a monument sign and twelve canopy and may be no greater in size than ten (12)feet for a pole sign,with a required setback ` (10)percent of the face of the canopy of which of fifteen(15)feet from the front property line. ..- it is a part of or to which it is'attached, or a Apartment signs are limited to one (1) per maximum of twenty-five (25) square feet, street front. I whichever is greater. An illuminated stripe maybe incorporated into a canopy. The stripe d) General Business Signs: • may extend along the entire length of the face of 1) General Business signs may be the canopy. The width or thickness of the stripe erected in non-residential zoning shall be limited to one-third(1/3)of the vertical . districts, and shall not exceed ninety dimension of the face of the canopy. The (90) square feet for monument signs internal illumination of a canopy is limited to and sixty (60) square feet for pole the portions of the canopy face on which a sign signs. Maximum height of a general or stripe is permitted. business sign shall be ten(10)feet for a monument sign and twenty(20)feet Page 40 Suppl. No. 1 for pole sips. Required setback portion shall not exceed seventy(70) shall be eight (8) feet from the front square feet and the reader board property line and shall be located a portion shall not exceed thirty (30) minimum of six (6) feet from square feet. Multi-purpose sips may adjoining private property lines and a have any combination of directory and minimum of sixty(60) feet from any reader board area. other free-standing sign. 2) The total area of pole multi- 2) General Business signs shall be purpose signs shall not exceed one constructed of materials that are not hundred and fifty (150) square feet. subject to deterioration when exposed In the case of monument multi- to the weather. Internally illuminated purpose sips, the maximum overall general business signs must be area shall be two hundred and twenty conttructed of incombustible material five (225) square feet, however, the or approved plastics. copy area shall be limited to one hundred and fifty (150) square feet e) Identification Signs: leaving a base area of seventy-five 1) An identification sign may be - (75)square feet. erected in non-residential zoning districts, and shall not exceed one 3) Multi-purpose -signs may be hundred and fifty(150)square feet for erected in non-residential zoning monument signs and one hundred districts only. (100) square feet for pole signs. Maximum height of an identification • 4) Ma.xumum height shall be ten(10) sign shall be ten (10) feet for a feet for multi-purpose monument monument sign and twenty (20) feet signs and twenty(20)feet for multi- for pole si fs. Required setback shall purpose pole signs. • be eight (8) feet from the front property line and six (6) feet from • 5) -Required setback for multi- adjoining private property lines, and • purpose signs shall be thirty(30)feet the sign shall be located a minimum from front and adjoining private of sixty(60)feet from any other free- • property liners. Multi-purpose signs standing sign. are limited to one (1)per street front and a minimum spacing of sixty(60) 2) Identification signs shall be feet from any other free-standing sign constructed of materials that are not must he maintained. subject to deterioration when exposed to the weather. Such signs, \\ben 6) Multi-purpose sips shall be • internally illuminated, must be constricted of materials not subject to constructed of incombustible deterioration when exposed to the materials or approved plastics. weather and when internally, • illuminated must be constructed of f) Institution Signs: Institution signs may be incombustible materials or approved erected in non-residential and residential zoning plastic. districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten(10) h) Municipally Owned Signs: Municipally feet, except that monument type sides in non- owned signs may be erected in any zoning residential zoning districts may be ninety(90) district and, if exceeding one hundred (100) square feet with a maximum height of ten(10) square feet, shall be reviewed by the Building feet. Required setback shall be fifteen (15)feet Official for specific approval. Municipally . from the front property line and institution signs owned signs shall not be placed in any sight are limited to one(1)per street front. visibility triangle and shall be located at least twenty-five(25)feet from any privately owned g) Multi-Purpose Signs: parcel of land. Maximum height of monument 1) The identification portion of a styled municipally owned signs shall not exceed multi-purpose sign shall not exceed ten (10) feet and pole signs shall not exceed fifty (50) square feet. The directory twenty(20) feet in overall height. Page 41 Suppl. No. 1 I § 27 WYLIE CODE I 27.9. Investigation fee: work without a permit. bona fide use or does not conform to this ordi- nance shall be removed by the owner, agent or (a) Investigation. Whenever any war::for which person having the beneficial use of the land, a permit is required by this ordinance has buildings or structure upon which such sign is been commenced without first obtaining a located within ten days after written notification permit,a special investigation shall be made before a permit may be issued for such to do so from the building official. work. 27.14. Removal or repair of dilapidated or de- (b) Fee. An investigation fee,in addition to the teriorated signs. If the building official shall de- permit fee, shall be collected whether or termine that any sign exists in a dilapidated or not a permit is then or subsequently is- deteriorated condition, or is a menace to the sued. The investigation fee shall be equal public, he shall give written notice to the person to the amount of the permit fee required by or persons responsible for such sign. The permit this ordinance.The payment of such inves- holder, owner, agent or person having the benefi- tigation fee shall not exempt any person cial use of the premises shall remove or repair the from compliance with all other provisions sign within ten days after such notice. The build- of this ordinance nor from any penalty ing official may cause any sign which is an imme- prescribed by law. diate peril to persons or property to be removed summarily and without notice. 27.10. Permit valid only for 180 days. If the work authorized by a permit issued under this 27.15. Removal expenses. Any sign described ordinance has not been commenced within 180 under sections 27.10,27.12,or 27.13 [27.11,27.13, days after the date of issuance, the permit, shall or 27.14) shall be removed by the permittee, sign become null and void. owner, or property owner within ten days after written notification to do so by the building offi- 27.11. Permit revocable. The building official cial. Upon failure to comply with such notice, the may suspend or revoke any permit issued under building official is hereby authorized to enter the provisions of this ordinance whenever he shall upon the property upon which such sign is lo- determine that the permit is issued in error or on cated, and to cause the removal of such sign.The the basis of incorrect or false information sup- owner of the land, building or structure to which plied, or whenever such permit is issued in viola- such sign is attached and upon which it is erected tion of any of the provisions of this ordinance or and the owner of such sign and the sign permittee any other ordinance of this city of[or) laws of this are jointly and severably [severally) liable for any state or the federal government.Such suspension expense incident to removal. or revocation shall be effective when communi- cated in writing to the person to whom the permit 27.16. Appeals. Appeals to the provisions of is upon which the sign is located [sic). Any signs this ordinance (section 27) shall be heard by the installed under a revoked permit shall be re- board of adjustment as described in the zoning moved by the permit holder, sign owner, or prop ordinance in accordance with the following: The erty owner within ten days of written notice of the board shall consider as criteria for granting a revocation. variance such factors as the type of sign, the i location, existence of signs in the general area, 27.12. Inspection. The building official may in- and such other factors as they deem pertinent.No 1 spect annually,or at such other times as he deems variance shall be granted by the board if the same necessary, each sign regulated by this ordinance conflicts with the spirit of this ordinance,which is for the purpose of ascertaining whether the same one of providing public safety; adequate lighting is secure or insecure, whether it still serves a provisions, open space and air, conservation of useful purpose and whether it is in need of land, protection of property values, and encourag- removal or repair. ing the highest and best use of the land. 27.13. Removal of obsolete signs.Any sign which In considering the request for variation to re- 1 the building official determines no longer serves a quirements of this ordinance, the board of adjust- CDA:40 1 1 APPENDIX A-ZONI G §27 ment shall consider, but not be limited to, the be subject to the requirements of subsec- degree of variance, the reason for variance re- tions (d) and (e) of this section. Marquee quested, the location of the variance request, the signs may be illuminated. duration of the requested variance, the effect on public safety,protection of neighborhood property, (c) Wall signs. the degree of hardship or injustice involved, and the effect of the variance on the general plan of (1) Wall signs shall not exceed 40 square I regulating signs with the city:The decision of the feet or the product of two times the board of adjustment shall be final. A variance lineal footage of the wall area available from this ordinance is valid only if a permit is to such signs or store frontage for which secured within 90 days from the date of the such signs are intended,whichever is Idecision. greater. Such signs shall not have a When considering an appeal to this ordinance, vertical height of more than six feet,' 1 members of the board of adjustment shall consti- nor exceed 75 percent of the width of front- tute a quorum.A concurring vote of a majority of the available wall area or store y age.Vertical clearance shall be subject those present shall be necessary to render a to the requirements of subsection (d) I decision in favor of the appellant, or to overrule (sic) of this section.Wall signs shall not any interpretation of this ordinance by the build- extend above the wall to which they ing official. are attached. Wall signs shall be lim- ited to the following categories: adver- tising,Limitation Provisions tising, apartment, construction, gen- eral business,identification,institution, C 27.17. Requirements for wall signs. and real estate signs. (a) Projecting signs. The horizontal portion of any projecting sign shall not be more than (2) In the case where two or more wall I six feet in length, not to exceed 12 square signs are installed in a single wall feet, measured from the building face and area, the gross surface area may not shall not be closer than two feet from the exceed two times the lineal width of back of the curbline.The height of the sign the wall area available to such signs. shall not exceed two feet. Such signs shall Such signs shall not be arranged as to be an integral part of the architectural have a vertical height of more than six design .of the building. Vertical clearance feet.The combination of the sign widths, I shall be subject to the requirements of when placed side by side, shall not subsections (d) and (e) of this section. exceed 75 percent of the width of the wall available to such signs. (b) Marquee signs. Marquee signs shall be built as an integral part of the marquee . and shall be constructed of incombustible (3) General business wall signs must be material. Such signs shall not exceed 40 located over the business for which square feet or the product of two times the they are intended. Wall signs may be lineal footage of the building or store front illuminated,however,illuminated wall age for which such sign is intended, which signs on rear building facades shall be ever is greater. Such signs shall not have a prohibited unless facing a nonresiden- �, vertical height of more than six feet nor tial zoning district. exceed 75 percent of the width of such I building or store frontage. Marquee signs shall not extend above the wall to which (d) Projection over prit-ate property. Projec- tions other than awning or canopy signs they are attached. Vertical clearance shall over private property shall be allowed over ICDA:41 I Crt of N e PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a maximum allowed area of 60 square feet for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. (.n ��s�t zw 6 �' j cu-o (; o_J2-e.�lz 2. f ,< � --3. x. Signature 2/a-; Printed Name / ,v1 4 . Ayvy Address i - / C �' I)klJ „))/.."..„ 75 a i 9 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 :06 6 Wylie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA - TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 • lY I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below _ 1. �Yr) ,c-►v 1� 4-1- -4" 2. Signature '1/a. � Printed Name tle,Iv r y /AA A I N C z- Address 21 au..4 is2- . Nit 75- g 2000 Highway 78 North•Wylie.Texas 75098•(9721 442-8100• Fax(972)442-4302 _4e:war. tro‘:14. November 10, 1997 City of Wylie 2000 Highway 78 North Wylie, Texas 75098 I will not be able to attend the Public Hearing this Thursday; however, enclosed is my response concerning Taco Bell. I have no objections with either area concerning the business pole sign. If I can be of further help, please contact me at 903-583-7484. Thank You, Doyce Taylor 2207 North Center • P.O. Box 220 • Bonham,Texas 75418 Phone (903) 583-7481 • Fax (903) 583-2531 • City of�Illylie PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a maximum allowed area of 60 square feet for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign. The area of the sign sought is 121 square feet. Taco Bell proposes to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA- TBarea Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 d I am in favor of the request for the reasons listed below 0 I am opposed to the request for the reasons listed below 1. 2. 3. Signature /CC y I tc r Printed Name IDplre raj hr Address PC box .D het1PY.i n1 �TX TAi n 2000 Highway 78 North•Wylie.Texas 75098•(972) 442-8100•Fax(972)442-4302 _ Cry ofWyle • PUBLIC HEARING NOTICE The Zoning Board of Adjustments of the City of Wylie, Texas will hold a Public Hearing on Thursday, November 13, 1997 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Metroplex Multifoods, Inc. for a variance from the Zoning Ordinance Sign Regulations which require a 20 foot maximum height for a general business pole sign. Metroplex Multifoods, Inc. is requesting a Taco Bell general business sign not to exceed 50 feet for property to be located at 625 West Kirby and further described as Abstract 267, the E.C. Davidson Survey, Tract 7. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: ZBA- TBheight Return this form to : Mike Phillips, Building Official 2000 Hwy. 78 N. Wylie, Texas 75098 • 12( I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Gip 1111 A/t.. Printed Name Qfarie �t9(o r Address I' O. ix ,Q9C &i�1(1�1 TOP, 2000 Highway 78 North•Wylie.Texas 75098• (9721 442-8100•Fax (972)442-4302