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Ordinance 2003-14 ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SIGN REGULATIONS FOR THE CITY OF WYLIE; REPEALING WYLIE ORDINANCE NO. 2002-27; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas ("Wylie") should adopt Sign Regulations as an ordinance; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards resulting from the signs' distractions and locations; WHEREAS, the City Council has investigated and determined that, it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent nuisances and invitations to vandalism; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to police and citizen views as a means of crime prevention; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to avoid obstructions to emergency services; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a neat and orderly appearance throughout Wylie; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a gateway effect into commercial areas and neighboring residential areas; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create a means of safely identifying a place of business and the services available on the premises without creating esthetic offenses and harm; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to support the L:\ORDINANCES\2003-14 (Sign Ordinance.doc).doc 11-11-03 Page 1 general welfare of the citizens and to maintain the historically small town atmosphere during a time of growth by providing for a means to communicate information related to the residential community, civic activities and government; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in residential areas; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain open spaces by setbacks; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly commercial and residential atmospheres; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and limit what an unwilling viewer must be exposed to relative to the enjoyment of the investment made in the home; WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to enhance property values and psychological well-being for individuals and families; WHEREAS, Wylie has complied with all notices and public hearings as required by law; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : Findinas Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein, SECTION 2: Repeal of Ordinance No. 2002-27. Wylie Ordinance No. 2002-27 is hereby repealed. Such repeal shall not abate any pending prosecution for violation of the repealed Ordinance No. 2002-27, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of Ordinance No. 2002-27. SECTION 3: Sian Reaulations Established. This Ordinance shall apply within the corporate limits of Wylie. The sign regulations for Wylie are attached hereto as Exhibit "A" and incorporated as if fully set forth herein. SECTION 4: Penaltv Provision: Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and L:\ORDINANCES\2003-14 (Sign Ordinance.doc).doc 11-11-03 Page 2 upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savinas/Repealina Clause: All proVISions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: Severabilitv: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 11 th day of November, 2003. rJ\ ATTEST: \\\\111111111 \\\\\ OF IA,III" \\ _, I'V 1- I" ~ Jl"' ......... r / "'...... " "" .- -. ~/ ~ ~ , .- .. :....<\" ~ () .- fl. \ . . -:. :: .. e--====' fl. -:. - [ SEA L ~ ~ -\~~: -. .- -; -.. ..-.2 ~ .... .... (.- '" ~ ~ ........ ~..J ,..... ;;"," YL./ E It.'f..\,\,'' 111111111'" \ \ \\\ Date of Publication: 11-19-03 L:lORDINANCES\2003-14 (Sign Ordinance.doc).doc 11-11-03 Page 3 SIGN REGULATIONS 1. Intent ......... ............... ... .......... .... ... ...... ........ .......... ....... ........ ...... ......................... 1 2. Defi nitions ............ .... ........... ....... ....... ... .... ....... .... ..... ......... .......... ..... ... .......... .... 2 3. Ad mi nistration....... .......................................................... ............ ...................... 7 A. Permits. .................. ..... ... ...... ........ ....... .... ................. ....... .... ...... .... .......... 7 B. Applications..... .... ..... ..... ..... ... ............ .... ... ..... ........ .... ......... ......... ........... 7 C. Work Started Without a Permit .............................................................. 7 D. Permit Revocable........... ..................... ............... ..... ............................... 8 E. Nonconforming Existing Signs .............................................................8 F. Inspection. ................ .... .......... ....... .......... .......... ....... ......... .......... ........... 9 G. Removal of Obsolete Signs ................................................................... 9 H. Removal or Repair of Dilapidated or Deteriorated Signs.................... 9 I. Removal of Illegally Erected Signs ....................................................... 9 J. Remova I Expenses . ... ...... .... ........ ........ ............. ............... ..... ... .............. 9 K. Variances................ ... ....... .... .... ... .......... ................. ....... ......................... 9 4. PROHIB ITED SIGNS. ............... ................................ ................. ....................... 11 A. Signs Imitating Traffic or Emergency Signs ...................................... 11 B. Portable Sig ns ...................................................................................... 11 C. Signs Violating other Laws or Ordinances ........................................ 11 D. Signs Attached to Trees or Utility Poles ............................................ 11 E. Signs on Sidewalks, Curbs, Gutters or Streets ................................. 11 F. Moving, Flashing, Revolving or Color Changing Signs.................... 11 G. Pole Signs ............................................................................................. 11 H. Off-Premise Signs ................................................................................ 11 I. Signs Attached to or Painted on a Fence, Wall or Railing ................ 11 "ATTACHMENT A" J. Signs Causing a Nuisance or Hazard Because of Illumination ........ 11 .. K. Signs Advertising the Sale of a Vehicle ............................................. 11 L. Signs Attached to a Vehicle ................................................................ 12 6. EXEMPT SIGNS ............................................................................................... 13 A. Nameplates...... ..... I......... .......... .................. .... ............... ....... ....... ......... 13 B. Building Identification/Memorial......................................................... 13 c. Traffic. ....... ................ ... ........ ........ ...... ............. ........... ........................... 13 . D. Signs Inside a Building ........................................................................ 13 E. Changeable Copy................................................................................. 13 F. Movement Control Signs .....................................................................13 G. Protective Signs ................................................................................... 13 H. Government Signs ............................................................................... 14 I. Holiday Lights and Decorations .........................................................14 J. Political Sig ns............... ........ ....................... ............... .............. ............ 14 K. Special Event or Public Announcement Signs .................................. 14 L. Garage Sale Signs................................................................................ 15 M. Home Improvement Signs ................................................................... 16 N. Temporary Religious Signs.................................................................16 O. Yard Sig ns ............................................................................................ 16 P. Zoning Signs ........................................................................................ 16 Q. Signs Held by Pedestrians ..................................................................16 6. GENERAL SIGN REGULATIONS.................................................................... 17 A. Flags............ ................... ................... .... ...................... ...... .......... .......... 17 B. Obscenity ....................... ...................... ................ ........ ............ ............. 17 C. Obsolete Signs ..................................................................................... 17 D. Maintenance of Signs .......................................................................... 17 E. Wind Pressure and Dead Load Requirements................................... 18 F. Obstructing Doors, Windows, or Fire Escapes .................................18 G. Placement of Advertising Matter ........................................................18 H. Signs Prohibited On or Over Public Property.................................... 18 I. Illumination of Signs ................................ ............................................ 18 J. Searchlig hts...................... ..... ........ ....... .............. ........... ......... ...... ..... ... 19 7. Attached Sign Regulations .....................:...................................................... 20 A. Wall Signs....... ............... ..... ...... .......... ........... ................. .... ...... ............ 20 3. Maximum Sign Area ............................................................................. 20 B. Secondary Attached Signs .................................................................. 20 C. Illumination of Attached Signs............................................................ 21 D. Wi ndow Sig ns........... ........ .................... .................................. .............. 21 E. Awning Sig ns ...... ................................................................................. 21 F. Projecting Signs ................................................................................... 21 G. Canopy Sign .................................... ....................... ............. ................. 22 8. Monument Sig n Regulations............................................. ............................. 23 A. Properties with Multiple Tenants ........................................................ 23 B. Properties with Single Tenants ........................................................... 23 C. Gasoline Pricing Signs ........................................................................ 24 D. Material Reg ulations ............................................................................ 24 E. III u mi nation ... ........... ...... .................... .......................... ....... ....... ...... ..... 24 9. Other types of Signs..........................................................................................26 A. Men u Board Sig ns..... .......................... ................................................. 26 B. Subdivision Entry Signs ...................................................................... 26 c. Directory Sig ns ....... ....... ....... .... ......... ................................................... 25 D. Institutional Sig ns .... ........ ...... ... ........... ...... ............... .......... ... .... ..... ..... 25 11. 12. A. Development Sig ns ...... ............................................. .............. ............. 27 B. Real Estate Sign .......................................:........................................... 27 C. Promotional Signage ........................................................................... 28 TEMPORARY DIRECTIONAL SIGNS .............................................................29 SIGNS PROHIBITED IN THE CITY RIGHT-OF-WAy...................................... 30 B. Time Limitations......... ........... ............. ...... ................ ....... ......... ............ 30 c. Location. .................................. .................. ...... ........ ........................ ..... 30 D. Size. .................... ................. .............................. ........ ......... ..... .... .......... 30 E. Heig ht. .............. ............ ...... .... ........... ................... ................... .... .......... 30 F. Number of Signs. .................................................................................30 G. Sign Placement Vehicles. .................................................................... 31 H. Tampering with Permit Decals. ........................................................... 31 I. Removal of Unpermitted Signs. .......................................................... 31 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 man made; 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. Banner means a sign composed of cloth. plastic, paper. canvas or other light fabric, 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 hislher 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. CITY OF WYLIE SIGN REGULATIONS Page 2 Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is us.ed 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. Incidental means information on a sign that is incidental to the operation of the business such as but not limited to hours of operation, accepted credit cards and parking information. Incombustible material means any material V'hich 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 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 CITY OF WYLIE SIGN REGULATIONS Page 3 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 str!Jcture, 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 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, Awning means a sign attached to an Awning. Sign, Canopy means a sign attached to a Canopy. 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 anyon-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. Directory sign also means a permanent on-site sign identifying the buildings in the development or providing information on their location. Sign, Garage sale means anyon-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign, Home Improvement means anyon-site sign that displays the name of a roofing, fence, pool painting, landscape or other home improvement contractor. Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas. Sign, Institutional 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. Sign, Menu Board means an on-site sign that displays a ~nu 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 CITY OF WYLIE SIGN REGULATIONS Page 4 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. Sign, Nonconforming means a sign and its supporting structure which does not conform to all or part of the provisions of this Ordinance, and: 1. Was in existence and lawfully erected prior to the effective date of this Ordinance; 2. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming there under, and has since been in continuous or regular use; or 3. Was in existence, located, and used on the premises at the time it was annexed into Wylie and has since been in regular and continuous use. 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 sign (1) relating to the election of a person to a public office, (2) relating to a political party, (3) relating to a matter to be voted upon at an election called by a public body, or (4) containing primarily a political message. 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, Projecting means any sign which is attached to and supported by a building or wall and which projects outward from the building or wall, generally at a right angle. Sign, Promotional means any type of 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. CITY OF WYLIE SIGN REGULATIONS Page 5 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 anyon-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, Secondary means a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Sign, Subdivision means any permanent on-site sign identifying a subdivision located in a residential zoning district. Sign, Temporary Religious means a sign that advertises the name of and provides direction to a religious organization or group that is temporarily operating in a school or other facility. 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, Yard means any sign that publicizes the arrival of a newborn, a birthday, a personal special event or the participation of a family member in a school activity or sport. Yard signs shall also include signs that advertise the presence of a home security system. 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, Zoning means any sign erected by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. 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, PO, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A126, 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 issuance 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 or regulations. 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 is required by this Ordinance 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 CITY OF WYLIE SIGN REGULATIONS Page 7 from compliance with all other provisions of this Ordinance 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 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 1. All nonconforming signs shall be registered with Wylie's Building Inspections Department. Should a nonconforming sign not be registered within twelve (12) months of the date of the passage of this Ordinance, the nonconforming status of the sign shall be terminated and the sign deemed prohibited and subject to removal in accordance with this Ordinance. 2. Any nonconforming sign and/or its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty percent (60%) of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Permits granted prior to the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance. 3. No sign or supporting structure that is lawfully repaired reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. 4. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. CITY OF WYLIE SIGN REGULATIONS0 Page 8 F. Inspection The City may inspect annually, or at such othe~ times as it 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. G. 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. H. 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 (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. I. 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. J. Removal Expenses Any sign 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 may enter the property upon which the sign is located to cause the removal of the sign. The owner of the land, building or structure to which the sign is attached or 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. K. Variances CITY OF WYLIE SIGN REGULATIONS Page 9 1. Variances to the provIsions of this Ordinance shall be heard by the Construction Code Board. A simple majority vote of the board in favor of the variance will be required to approve any variance request. In order to approve a request for a variance, the Construction Code Board shall determine that the request meets three (3) of the following four (4) criteria: a. The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.); b. The proposed sign does not conflict with the spirit of this Ordinance, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the City and protection of property values; c. The variance is needed due to l"estricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; d. The proposed sign is of a unique design or configuration. 2. Should the Construction Code Board deny a request for a variance, the applicant may appeal the request to the City Council, provided that, such appeal is requested in writing within thirty (30) days of the date the Construction Code Board denied the variance. A vote of three-fourths (3/4) of the full membership of the City Council is required to approve the appeal. The decision of the City Council is final. 3. A variance from this Ordinance is valid only if a permit is secured within ninety (90) days from the date of the Board's or the Council's decision. 4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before the Construction Code Board shall hear any variance request. Exception: No variance fee shall be required for any variance requested by any applicant that the Building Official determines to be a bona fide non-profit organization. 5. All variance requests shall be made in writing to the Building Official. CITY OF WYLIE SIGN REGULATIONS Page 10 4. PROHIBITED SIG~S Any sign which is not specifically allowed by this Ordinance shall be prohibited. In addition, the following types of signs are expressly prohibited within the City of Wylie: A. Signs Imitating Traffic 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. B. Portable Signs Portable signs, unless specifically allowed by this Ordinance. C. Signs Violating other Laws or Ordinances 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). D. Signs Attached to Trees or Utility Poles Signs attached to, painted or maintained upon any tree or public utility pole or public utility structure. E. Signs on Sidewalks, Curbs, Gutters or Streets Signs attached to or painted on any sidewalk, curb, gutter, or street (except street address numbers). F. Moving, Flashing, Revolving or Color Changing Signs Signs that move, flash light intermittently, change color or revolve, unless specifically allowed in this Ordinance. G. Pole Signs Pole signs and flag poles unless specifically allowed by this Ordinance (see Sections 6.A. and 10.). H. Off-Premise Signs Off-Premise signs, unless specifically allowed by this Ordinance. I. Signs Attached to or Painted on a Fence, Wall or Railing Signs attached to or painted on the outside of a fence, wall or railing, unless specifically allowed by this Ordinance. Exception: Signs identifying the manufacturer of a fence or similar product, provided that the sign does not exceed one and one-half (1%) square feet. J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to an intensity to cause glare or brightness to a degree that could constitute a safety hazard or nuisance. K. Signs Advertising the Sale of a Vehicle 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 CITY OF WYLIE SIGN REGULATIONS Page 11 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 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. L. Signs Attached to a Vehicle 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. CITY OF WYLIE SIGN REGULATIONS Page 12 6. EXEMPT SIGNS A permit shall not be required for the following signs, provided however, such signs shall otherwise comply with all other applicable sections of this Ordinance. A. 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. B. Building Identification/Memorial Memorial signs or tablets, names of buildiQgs and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. C. 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 Councilor the City Manager or his authorized representative. D. 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. E. Changeable Copy Copy change only for previously permitted signs designed to provide a changeable copy area. F. 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: 1. Each sign must not exceed five (5) square feet in effective area. 2. If a sign is an attached sign, as defined, the words must not exceed six inches (6") in height. 3. 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. G. Protective Signs The occupant of a premise may erect a maximum of two (2) Protective Signs, in accordance with the following regulations: 1. Each sign must not exceed six (6) square feet in effective area. 2. Detached signs must not exceed three feet (3') in height. CITY OF WYLIE SIGN REGULATIONS Page 13 H. 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. I. Holiday Lights and Decorations Temporary lights and holiday decorations displayed ninety (90) days or less shall be exempt from the terms of this ordinance. J. Political Signs Political signs that: 1. Are on private real property with consent of the property owner; and 2. Are not greater than thirty-six (36) square feet; and 3. Are not taller than eight (8) feet measured from the ground to the highest point of the sign; and 4. Are not illuminated; and 5. Do not have any moving elements or parts. A sign (i) not meeting each of the above requirements; or (ii) containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political, is not exempt from the requirements of obtaining a permit, assuming the sign is otherwise allowed by this Ordinance. K. 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: 1. 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. 2. The maximum sign area is thirty-two (32) square feet. 3. The maximum height is six feet (6'). 4. A maximum of six (6) off-premise signs may be located in the City at a given time advertising the non-profit organization function. 5. The advertised function must occur within the corporate limits of the City of Wylie, its ET J, or an adjacent municipality and be sponsored by a non-profit organization located within the City of Wylie. 6. Signs shall not be located on a residential premise. CITY OF WYLIE SIGN REGULATIONS Page 14 L. Garage Sale Signs 1. Garage sale signs shall not be erected earlier than noon the Thursday before the sale and must be removed no later than 6:00 p.m. the Sunday following the sale. 2. Garage sale signs shall be located only on private property with the consent of the property owner. 3. 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. 4. Garage sale signs shall not exceed six (6) square feet in area. M. Home Improvement Signs 1. Home improvement signs may be erected that display the name of a roofing, fence, pool, landscape or other home improvement contractor currently providing such services on the premises. 2. A home improvement sign is allowed only on the lot on which the improvement is occurring. 3. 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. 4. The home improvement sign must be removed thirty (30) days after it is erected or upon the completion of the work, whichever occurs first. 5. Home improvement signs shall not exceed six (6) square feet in area. 6. A maximum of one home improvement sign shall be allowed on the lot at anyone time. N. Temporary Religious Signs 1. Temporary religious signs may be erected during times of worship provided the sign is placed no earlier than two (2) hours prior to worship and is removed no later than two (2) hours after worship. 2. Signs shall be located only on private property with the consent of the property owner. 3. 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. 4. Signs shall not exceed six (6) square feet in area. CITY OF WYLIE SIGN REGULATIONS Page 15 O. Yard Signs 1. Signs shall be located only on lots containing an occupied single-family, two- family or multi-family dwelling. 2. 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. 3. Signs shall not exceed six (6) square feet in area. P. Zoning Signs 1. 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. 2. Signs shall not exceed six (6) square feet in area. Q. Signs Held by Pedestrians 1. Any sign held or carried by a person for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity or product, or a person dressed in a costume for such purposes, must be located at least six feet (6') from the street pavement of any right-of- way, and located on the property where the event... activity or thing that the sign advertises or draws attention to occurs or is located. CITY OF WYLIE SIGN REGULATIONS Page 16 6. 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 for removal of 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, permit holder or person in control of the property, via certified mail. The owner of the property, permit holder or person in control of the property on which the sign is located shall be jointly and severally responsible for compliance with this subsection. CITY OF WYLIE SIGN REGULATIONS Page 17 E. 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 and regulations of the City of Wylie. F. 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. G. 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. H. 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 regulations in Section 5. E. I. 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 18 illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the sign face. J. 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 19 7. ATTACHED SIGN REGUl,.ATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Signs 1. Where Allowed. Wall signs shall be limited to buildings located in a non- residential zoning district or to churches, apartments, schools and other non- residential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All sighs 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 signs as allowed in Section 7.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, but only as Promotional Signs as allowed in Section 10.,C. 3. Maximum Sign Area a. Wall signs shall not exceed the following area schedules: (1). An attached sign located at a height of thirty-six feet (36') or less is limited to one (1) square foot 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 four hundred fifty (450) square feet. (2). 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 six hundred (600) square feet. (3). 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 1. or 2. above, whichever paragraph is applicable. Signs on a single fac;ade shall not exceed the sign area allowed in paragraph (1). above. B. Secondary Attached Signs One secondary roof sign shall be allowed for each building. The size of the secondary roof sign shall be limited by the maximum size allowed in paragraph CITY OF WYLIE SIGN REGULATIONS Page 20 A.3. above. The size of all wall signs shall be added to the size of the secondary roof sign to determine the total amount of sign ar.ea. C. Illumination of Attached Signs Attached Signs may only be illuminated utilizing internal lighting. Exterior letters with exposed neon lighting are allowed. D. 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. E. Awning Signs 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 (6') in height and shall not be placed less than eight feet (8') 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 twenty percent (20%) of the area of the Awning and shall extend for no more than sixty percent (60%) of the length of the Awning. F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall be limited to fifty percent (50%) of the area of the vertical surface of each face of the marquee. 3. Signs shall not project more than three feet (3'), measured from the building face and shall not be closer than two feet (2') from the back of the curb line. 4. Signs shall be at least 8 feet above the sidewalk. 5. Signs may be illuminated in conformance with this Ordinance or other applicable City regulations. 6. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 7. Signs shall not exceed sixteen (16) square feet per sign face. CITY OF WYLIE SIGN REGULATIONS Page 21 G. Canopy Sign Canopy Signs must meet the following regulatio~~~ 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 22 8. MONUMENT SIGN REGUt-A TIONS 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 and plastic panel signs are 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 one-hundred fifty (150) square feet 2. Maximum height - ten feet (10') measured from grade. 3. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. c. Two-Hundred-Fifty feet (250') 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, apartments, schools, model homes and other non- residential uses located on residentially zoned property are permitted to erect Monument Signs that comply with the following regulations: 1. Maximum size - ninety (90) square feet 2. Maximum height - ten feet (10') 3. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. c. Two-Hundred-Fifty feet (250') 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 CITY OF WYLIE SIGN REGULATIONS Page 23 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 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 - ninety (90) square feet 4. Maximum height - ten feet (10') 5. Setbacks a. Fifteen feet (15') from street right-of-way. b. Fifteen feet (15') 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 or plastic 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. CITY OF WYLIE SIGN REGULATIONS Page 24 9. 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 twelve feet (12') 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 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 plat, within a developer's agreement, or by separate approval of Planning and Zoning Commission. C. Directory Signs 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. D. Institutional Signs Institutional Signs must meet the following regulations~ 1. Institutional Signs may be Attached and/or Monument Signs. CITY OF WYLIE SIGN REGULATIONS Page 25 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 utili~ed for the reader board sign panel. CITY OF WYLIE SIGN REGULATIONS Page 26 10. REGULATIONS FOR TEMPORARY SIGNS 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 fifteen feet (15'). 4. The required setback shall be ten feet (10') from the front property line and ten feet (10') from the side property line. 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 fifty (50) acres, or any portion thereof, under active development. 7. A Development Sign must be removed when the project is ninety percent (90%) complete. In the case of a commercial project, ninety percent (90%) complete means when a certificate of occupancy is issued for a shell building. For a residential project, ninety percent (90%) complete means when ninety percent (90%) 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. 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. 5. No more than one sign shall be located for every two (2) acres in a tract of land or portion thereof. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. CITY OF WYLIE SIGN REGULATIONS Page 27 C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quittfng Business" or similar message more than one time. Promotional Signs are subject to the following regulations: 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 thirty (30) days. 4. Any device described as Promotional Signage shall not exceed an overall height of forty feet (40') measured from ground. 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. Fifteen feet (15') from street right-of-way. b. Forty feet (40') from property lines other than those property lines fronting the street right-of-way. CITY OF WYLIE SIGN REGULATIONS Page 28 11. TEMPORARY DIRECTION~L SIGNS On properties located at the intersection of two major thoroughfares or a major thoroughfare and a collector street, panel/directional signs are permissible subject to the following conditions and upon the issuance of a sign permit: A. The sign design and location must be approved the City Council~ B. Permits for such signs shall be temporary in nature and shall expire two years from the date of permit issuance~ . C. The maximum height of the sign is ten feet (10')~ D. The maximum width of the sign is six feet (6't E. The font, lettering and color of the sign shall be uniform throughout the entire sign~ F. The sign may be located within the right-of-way, provided that, the sign is located at least ten feet (10') from the back of the curb or road pavement and at least two feet (2') from any sidewalk; and G. The permit applicant, property owner or developer shall be responsible for the cost of production, maintenance of the sign and removal of the sign. CITY OF WYLIE SIGN REGULATIONS Page 29 12. SIGNS PROHIBITED IN THE CITY RIGHT-OF-WAY No sign may be erected within the public right-of-way unless a permit was or is received for the sign prior to July 1, 2004 and the following conditions are met: A. Permits. No sign may be erected within a right-of-way unless a permit has been obtained and the proper permit fee paid. No permits shall be issued for signs to be erected in the right-of-way after June 30, 2004. 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 under this section shall expire on December 31 of the year it was issued, except that all permits issued after December 31, 2003 shall expire on July 1, 2004, and shall not be renewed. 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 anyone 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. I,. 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. Tampering with Permit Decals. Any person who knowingly falsifies, tampers with, or reproduces permit decals for signs located in the right-of-way, or f~lsifies 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 peri<;>d. 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 this Ordinance. Permit Fee. The permit fee for signs erected in the right-of-way between January 1, 2004 and July 1, 2004 shall be thirty-five ($35.00) per sign. H. I. CITY OF WYLIE SIGN REGULATIONS Page 31 THE WYLIE NEWS lovermg Wylie, Sachse, Murphy and the surroundmg area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached ord. 2003-14, City of Wylie was published in said newspaper on the following date(s), to-wit: Nov.J;j, 2003. (j;L I Chad Engbrock, publisher Subscribed and sworn before me on this, the II-I~ day of /Je~/ , 2003 to certify which witness my hand and seal of office. ''1 ADA L. MOONEY Notary Public Stale of Texas My Coml'rl. Exp. 01-02-07 & K)7u-'1 Notary Public in and for The State of Texas My commission expires tJ 1- {) 2 - CJ 7 Texas will be received at the Administrative Offices of the North Texas Municipal Water District. 50S East Brown Street. Wylie. Texas 75098 until 2:00 p.m., local time. Friday. December S. 2001. and then opened and read'. for 3-4 YARD DUMP TRUCK. Bid documents may be obtained from the North Texas Municipal Water District at 50S East Brown Street. Wylie. Texas 75098. NORTH TEXAS MUNICIPAL WATER DISTRICT By Marvin Fuller President. Board of Directors 2S-3t-231 ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. ADOPTING SIGN REGULATIONS FOR THE CITY OF WYLIE: REPEALING WYLIE ORDINANCE NO. 2002-27: PROVID- ING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE: PROVIDING FOR REPEALING. SAVINGS AND SEVERABILITY CLAUSES: PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE: AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION HEREOF John Mondy. Mayor ATTEST: Carole Ehrlich. City Secretary 26-lt-339 PUBLIC NOTICE The City of Josephine IS currently seeking an Ambulance provider for our 911 Emergency ser- vice. Please contact City Hall at 972-843-8282 26- It-94 7 PUBLIC ~OTICE THE CITY OF MURPHY PLANNING AND ZONING '" In accordance with Texas '!..ocal Government Code ~212. a Public Hearing will be held by the Planning and Zoning Commission on December 8. 2003. at 7:30 p.m. in the City Council Chambers at 205 N. Murphy Road. Murphy. Texas. for the purpose of receiving comments on a Replat of Lots 14 R & 15 R Glen Wdge Estates Phase I. applicant Delbert Stembridge for property owner Stephen S. Dickerson of 514 Newport Court. The City Council of the City of f'v1urphy will meet on Monday. Dc'cell1ber 15. 2003. at 7:W p.m. in the City Cuullcil Chambers at the MLllphy City HalJ. 205 N. :vlLllphy Ruad. to con- ;luct ~I Public l-1c~lrillg for / the same re ferenced matter. II IS !'equested that you make yuur views known. eithcr in persun. by writ- ing. ()\' by ~! duly authorized represcnlati ve lu aid the Planning and !.uning Cummissiu!! and thc City Council in dc:tcrmining the propcr aCIII)!l un this request. CITY OF .'vIURPHY. TEX/'\.S 26-1 t-ll52 PUBLIC ADVERTISEMENT FOR SEALED BIDS Sealed bids addressed to the City Manager of the City of Sachse will bc received until IO:O() a.m. on Thursday. the 4th 01 December. 2003 at the City Council Chambers. City of Sachse, 5560 Hwy 78. Sachse. Texas. 75048. All bids will be publicly opened and read aloud for the following: Fire Department Ford F-450 4X2 crew cab & chassis Bid specifications are available at the Office of the Fire Chief. 5560 Hwy 78. Sachsc. Texas 750, The City !'eserves the ri: to reject any or all hids ~ to waive all formalities. C:lse 01' ambiguity ()r I~ of clearness in stating pricc in the bid. the c ;'cserves the right In <.:, ,ider the mnst advar genlls construction therl or reject tilt' hid. i\\V~!rl bid will be ~II a hlilu\Y City Council Mecting. 26-2t-13 Visit ollr ,Uell sitt Wl! f ic IIClL'S . ((JIl I or call 972-442-5515 for s ubscr i P t iOlls /\ i \ ,I , \' 111 \ ,I \i