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07-07-2009 (City Council) Agenda Packet Joint Meeting of the Wylie City Council and the Wylie Planning CITY OF WYLIE & Zoning Commission NOTICE OF MEETING Special Called Meeting Agenda Wylie City Council and Wylie Planning and Zoning Commission July 7, 2009 - 7:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary Dennis Larson Chair Phillip Johnson Vice-Chair David Dahl Board Member Willie Osborne Board Member Ramona Kopchenko Board Member John Manganilla Board Member Ruthie Wright Board Member Renae 011ie Planning Director Charles H. Lee, Jr., AICP Senior Planner Jasen Haskins Assistant Planner Mary Bradley Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: titiltiw.wvlietexas.L'ov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: 7,-u w.titrlie>txas._ n. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. July 7,2009 Wylie City Council and Planning and Zoning Commission Page 2 of 2 Special Joint Meeting Agenda 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER- (City Council) Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE Joint Work Session (Planning & Zoning Commission and City Council) • Hold a Joint Work Session with the Planning and Zoning Commission to discuss and provide direction regarding amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. Generally bounded by Stone Road on the south, Butler Street on the north. ZC2009-01 (R. 011ie, Planning Director) ADJOURNMENT PLANNING & ZONING COMMISSION WORK SESSION - CITY COUNCIL • Discussion and direction regarding amendments to the City of Wylie Sign Ordinance and the City of Wylie Kiosk Program. (M. McAnnally, Building Official and R. 011ie, Planning Director) RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 2nd day of July, 2009 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 7, 2009 Item Number: Joint Work Session (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: June 26, 2009 Budgeted Amount: Exhibits: 1 Subject Hold a Joint Work Session with the Planning and Zoning Commission to discuss and provide direction regarding amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. Generally bounded by Stone Road on the south, Butler Street on the north. ZC2009-01 Recommendation Provide direction on the adoption of an ordinance to create the South Ballard Overlay District. Discussion Staff is seeking direction on the process to move forward with adopting an ordinance to create the South Ballard Overlay District. This overlay allows the city to create, in the South Ballard area, a place that will be economically and geographically viable while also retaining the rich history, community values, and citizen friendly atmosphere that embodies Wylie. At its May 26, 2009 meeting, Council requested a joint work session with the Planning and Zoning Commission to further discuss the intent of the Overlay District, including the design regulations and boundaries. Consideration: As part of this packet Exhibit "A" is presented in an effort to give the Council and the Commission a visual concept of how the proposed SBO could develop. The area is currently a mix of zoning consisting of Commercial, Single Family, and Multi-Family uses. The proposed SBO boundary, as previously presented, was divided into two separate distinct areas. A Commercial Boundary consisting of those lots fronting Ballard including lots south of Butler and north of College Street, and a Residential Boundary consisting of lots along Jackson, east of Birmingham, north of Stone and south of College Street. Of the 95 total lots within the proposed district there are; one Multi-Family (MF) lot, approximately 19 SF lots that are currently owner occupied and 48 SF lots that are rental properties (according to Collin CAD), 6 commercial lots and 22 vacant lots. A large majority of the structures, lots, and vacant parcels are legally non- conforming as it relates to current zoning requirements. The proposed area is ideally suited for commercial or mixed use development due to high traffic counts and the Page 1 of 3 Page 2 of 3 proximity to the DTH. In order to facilitate these types of developments, a Form-Based approach to zoning would best serve the area. Form-Based zoning involves focusing on place making, where not only is the form of the building important but so is the form of the areas surrounding the buildings (e.g. the City's current Residential Design Standards). By concentrating on place making, Form-Based zoning adds another element by shaping the spaces around the buildings to create a unique sustainable area that features a pedestrian intense, shopping and living environment. Generally, Form-Based Ordinances allow for a larger mix of uses within one district than does conventional ordinances. Notable communities that have implemented such zoning codes and revitalization processes include the cities of Highland Park, Grapevine, Richardson, Leander, Fort Worth as well as several other communities throughout the country. The City of Leander, Texas was awarded the Driehaus Form-Based Codes Award in 2007 from the Form Based Codes Institute of Wisconsin. Recognized for determining that the most effective strategy would be to update the city's zoning code as a SmartCode. This SmartCode, which serves as a Unified Development Ordinance, applies in full force and is effective only within the specified boundaries. Several key factors stood out among similar North Texas communities that have contributed to the success in revitalization. We have found that it is crucial that stakeholders and reinvestment land use opportunities are provided with: • Flexible zoning that will allow for a variety of uses. • Flexible and adaptable architectural design standards. • Pedestrian links to residential, commercial particularly accommodating to personal service uses and shops. • Historical preservation, design and themes reflecting a community's identity. • Infrastructure improvements. (streets, sidewalks, utility relocation and alley improvements) • Incentives tied to permitting and EDCs. • Developing Public-Private partnerships, this would include partnerships with WISD. Direction: I Boundary options for the South Ballard Overlay District include: Option 1: Lots that front South Ballard south of S.H. 78 and north of Stone Road. Option 2: Those lots south of S.H. 78, north of Stone Road, the eastern rear property line of those lots facing Ballard and Birmingham Street to the west. 1. What is the district? a. South Ballard Overlay? b. Extension of the DTH? 2. What are the North-South boundaries of the district? a. Butler to Stone? b. SH 78 to Stone? 3. What are the East-West boundaries of the district? a. South Ballard fronting lots only? b. South Ballard to Birmingham St.? Page 3 of 3 4. Are stand alone single-family residential structures allowed on Ballard? 5. Allowable materials? a. Same as DTH (masonry for commercial structures; or wood, masonry composite with wood pattern for residential structures) b. Variety of materials. 6. Will we regulate lot sizes if residential component is included? a. Is there a preferred minimum lot size? b. Is there a preferred maximum lot size? c. Is there a preferred maximum dwelling size? d. Is there a preferred minimum dwelling size? 7. Do we want to highly regulate the overall look of the area? (See Exhibit A for examples) If yes, a single look or varied look: a. Mission Terraced b. Historic Terraced c. Stone Terraced d. Neighborhood Redevelopment, etc. The adopted ordinance would set forth the regulations that each property within the South Ballard Overlay District must conform to in regards to Site Design, Landscaping, and Architectural Features. Approved By Initial Date RO 06/30/09 Department Director t City Manager i/ 1� 7/ Work Session PROPOSED DESIGN STANDARDS FOR SOUTH BALLARD OVERLAY DISTRICT CITY:F WYLIE PRESENTED TO CITY COUNCIL P & Z COMMISSION Mayor Eric Hogue Chairman Dennis Larson Mayor Pro-Tern Red Byboth Vice Chairman Phillip Johnston Councilman David Goss Commissioner Ruthie Wright Councilwoman Kathy Spillyards Commissioner David Dahl Councilman Bennie Jones Commissioner Ramona Kopchenko Councilman Rick White Commissioner Willie Osborne Councilman Carter Porter Commissioner John Manganilla City Manager Mindy Manson Ass't. City Manager Jeff Butters i { s;'• ��1 rn v ityofhyie 'Nh;TCOG lir ''` f- * � ~ . BUTLER ST l , . . lair ,I..trt 'At � 8k ll A 7 w+ / I 1 ~Cp OWAY ST y _} ya{ 1'' t 11.0 P a; I r; 4 tIrs' [ lie Office ; ,,4 Y. r '- , I n n ' - COLLEGE ST ,, # `�j / I I ,/ 1, LLIAMS S w a ,p...., I I , .. N I I .. i r A .• CI ZENS AVE KN1 V Si I I k . '' K3,v SI 3 I r, ._ - � �, }'S�JAGKS•'� .. u ` m 3 9 kfr 5) E STONE CIR . . r E STONE RD http'thaps:olietexasqav 1 i ` ` __ },.. Y _Air Prepared by City of Wylie Planning Department STREET AND SIDEWALK STANDARDS All developments that front Ballard Avenue shall provide a 10 foot minimum concrete public walkway, with decorative paving consisting of stamped or decorative concrete covering at least 25% of the total walkway and at crosswalk entries of corner lots. All developments within the residential boundary shall provide a minimum 6 foot concrete public walkway, with decorative paving consisting of stamped or decorative concrete at crosswalk entries of corner lots. r ti ' . df ' k fi# +. : �4 5 ;It ;:,/ • A' `V'• r ` ) `;-. ,� ��„jig {'t 4 , fi , tf' tailli 11.det 4,1E.--4„ [t] t 110' walkway' Thoroughfare I I Thoroughfare 110' walkway) LCenter Median f . i '. b. ti.}M. i Z� v C ' IL_ ' :, r . — iu-aa _-- t 10'sidewalk -- Commercial Ornamental street below Public ROW lights Banners Residential Benches Bice above Racks Figure 6-8 Building Placement Enhanced streetscapes and a live/work environment promotes a mixed use pedestrian development. 2 Decorative Paving Styles µ .:,.4. _ _ .. ..t,.., . .,_, .. . .101 ,44,,,,,, . ., ilk 7 "7 M p >~� I., 1 (11 •rtilf3c ""'^b. �.2,= fllrr.._ ib _ , . ,.. _, ... . Benches & waste receptacles at a minimum spacing of one bench every 250' encouraged. 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S.S.. +":'• :1:fJ.J.J •f•J•r•r• J• J•J•J• •r•J .14'1.1 1. y.1.ti•ti y: :ti:ti:y:L.L. 1•. ti1111. . . . . . . . . ' `:':::: :'`:`''': '{ss:►11111,. :,:'�....... / 10' wide Bldg @ property sidewalk with line. decorative pavers 5 SITE DESIGN STANDARDS 50' , - - - - F�1: •- gr4r JY•f S.S•S• '�y: r•r•r 1.1.1• 'fir r•r•r L•L•1• r•r•r r `[�`111.1• r�} R ril 1JLr 7 6,250 s.f. 12'-16' I lot i drive I I I 125' I 2,299 s.f. Lot Depth I bldg i I I I I L._. 1.1.1.11 • ,;, 1: r; ,4 kvyyjr...01'1,# 3 •° y4,r Cr* , tr T -s. Nil k R' e , 4 Existing alley at North Jackson and College Potential alley at North Jackson and College Street. Street. 6 ARCHITECTURAL STANDARDS The purpose of the Architectural Standards is to provide for exterior building materials, building articulation, exterior facades, roof quality, form and massing, architectural compatibility, and repetition of unit designs. The details on the upper story add interest Building modulation Multiple-paned to this nxed-use budding WIndows ? IPArt- , f' lei I: �,� ° f M, = D( ', OW zr. - - -- c. ^ {f. _ - -i cite• :" -4,4'. " 7"-= o':�`,f,Orra -7R11 �� ' I• • a. , dIY. .r�`e✓, fti(G, . Parkes is Ste ,. Itti- ` ne[f 14'.,1{, Wy �0r P r„rim: 10 located at d Olt. , r-1, i '�"w. *S �� ` `1 - rAli. j E, . a the rear of l�•�-" trom, ,,9'22rr, -++I the trudding.,. Ir y tl i t , 4 • •a ,�. �!0 �-'r.:r /a r s . !• i -tit,' Pedestrian-scaled elements including an outdoor eating area and singe arcade make $ = n - Changes in building materials the building relate well to the sidewalk add visual interest to the structure -- - -• - Roof Articulation \,.- _ ,., Primary material 1, l ib' ita'; - , ij"''i ll yjaPr.1 Secondary/accent material 2 Building Articulation 7 EXTERIOR MATERIALS Primary exterior building materials are composed of 75% brick, stone-laid masonry units, stone, cast stone, masonry stucco, decorative concrete, stucco or masonry fiber cement products. Secondary exterior materials can include but are not limited to EIFS (Exterior Insulation and Finish Systems), wood and vinyl. v Primary material Secondary/accent iii-- pi- m ri} iv material f 1 s 'aimomm�, a , , 11 ; t7"iiiif,,,.. --1 1---- t . Nit. '..-4iii t - i1fl1 8 DESIGN4 STYLES tr R • .. —, a a.�x t ***-I'll 1111 4 ,. iii i 4 4. 1 ti 1 1 1 • 7 f t Mixed-use attached masonry and stone exterior Free standing masonry commercial structure .., ,, 4 t .... r-.j ‘''':- ' • ,11, '1,i i,41,i ,.,,, , ., II , \\\\\\‘\•\\\\*,' ,7".:.,\\s„,\I= .. I AI - - ‘\\[:\\\ 1 , In. J p1 'k �i,.x,,,, Attached Historic Terraced ' (�t �R ' i 'aJ.. 4� t ".rT, j 1 . Stone Terraced k , 4 ' fy, , ,_.. .1 1. Row house - Residential Type attached Structures 9 sLLDES_ _ 0IGN STYLES iu,a::.,,Ts::::i:;_s,.i„f_._t,irit__-__...,-v,-:- iv _, 41.,-p ,‘,„, , . ,. 1 411-, i ,i : ill 11 -1 I 1-111,1'.,' lir 1 n:1'1111 Mixed-use attached masonry and masonry fiber cement exterior i - II t, 4 EINIIII ....., ...,.. . 7, ... ... 4 lt; I _4 ate! ►6:. " . Federal Greek Revival Italianate /2r/ . Ji. ... :. Single family wood finish 10 DESIGN STYLES i pp, 11111 11111111. - 111 1, ,�,.. -.._, s , .......,, .... a `., ` "Y'Y2 rJ't ' . , . „...._,,, „....... ...,...,...,„ .. , hf I.._ Y} ,, .._ , , „, .io -S16t.Wt/,1�' p p ' Single structure masonry fiber cement exteriors. .. '_ I iiiiP- r''' 7 --0.44444 '. 1:':*':::lit- -S t 3 Y'I f y r. e Craftsman style two story wood finish with stone accent columns 11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 7, 2009 Item Number: WS Department: Building (City Secretary's Use Only) Prepared By: M. McAnnally Account Code: Date Prepared: June 30, 2009 Budgeted Amount: Exhibits: One Subject Discussion and direction regarding amendments to the City of Wylie Sign Ordinance and the City of Wylie Kiosk Program. Recommendation Provide direction regarding amendments to the City of Wylie Sign Ordinance and the City of Wylie Kiosk Program. Discussion The Building Department is seeking to update and improve the ordinance regulating sign placement and construction practices in our jurisdiction. This pursuit is motivated by: (1) The economic needs for advertising improvements for our business owners, (2) To gain significant compliance of poorly maintained or damaged signs by extending the owners an opportunity to increase display area for sign improvements, (3) Limited future storm damage to signs or property, and (4) A desire to promote our community as that of a very business friendly municipality. The ordinance language allows future projects some of the same benefits in an established ordinance as those extended to recent project developments without the requirement of the costly variance procedure or the time consuming independent case by case efforts from the developer and our staff to gain approvals. The recommendations were taken from the Construction Code Board variance approvals and utilize the simplest and the best elements of sign regulations from other Texas jurisdictions, resulting in the version of the ordinance presented for consideration of adoption by Mayor and Council. Our City Attorney's office has been consulted throughout this ordinance development process and has approved this ordinance and the language thereof. Staff is recommending repeal and replacement of Ordinance No. 2008-33 with revised version of sign ordinance that promotes improved business advertising through better use of the owner's private property and increased allowances in sign display area. This provides enhanced public safety by regulating the engineering, design, construction and placement locations for signage. Approved By Initial Date Department Director MM 6/30/09 City Manager Page 1 of 1 ORDINANCE NO. 2009-XX AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE NO. 2003-14 (SIGN REGULATIONS); ADOPTING AN ORDINANCE ESTABLISHING SIGN REGULATIONS; 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 (the "City Council") has previously adopted Ordinance No. 2003-14 (Sign Regulations) of the City of Wylie, Texas ("Wylie") establishing sign regulations; and WHEREAS, the City Council has investigated and determined that various additions, deletions and amendments should be made to Ordinance No. 2003-14 to allow Wylie to more effectively regulate signs; and WHEREAS, the City Council has investigated and determined that in order to most effectively make the additions, deletions and amendments necessary, it is in the best interest of the citizen's of Wylie to repeal Ordinance No. 2003-14 in its entirety and replace it with this ordinance; and WHEREAS, the City Council has investigated and determined that Ordinance No. 2003- 14 (Sign Regulations), should be repealed in its entirety and this Ordinance adopted to regulate signs located in Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Ordinance No. 2003-14 Repealed. Wylie Ordinance No. 2003-14 is hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 2003-14 shall be repealed. Such repeal shall not abate any pending prosecution Ordinance—Wylie Sign Regulations Page 1 549364.v1 and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of Ordinance No. 2003-14, occurring before the effective date of this Ordinance. SECTION 3: Establishing Sign Regulations. The City of Wylie hereby establishes the sign regulations attached hereto as Exhibit"A", and incorporated herein for all purposes. SECTION 4: Savings/Repealing 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 5: Severability. 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 any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00/100 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 7: No Change in Forums Created. Wylie hereby declares that it would not have passed any section of this Ordinance that changes the character of any non-public forum to a limited public forum or a designated/open public forum or changes the character of any limited public forum to a designated/open public forum, and that any section found to do so by a Court of competent jurisdiction shall be severed and considered repealed effective on the date of the Court's order/ruling. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. Ordinance—Wylie Sign Regulations Page 2 549364.v1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this day of 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Dates of publication in The Wylie News- Ordinance—Wylie Sign Regulations Page 3 549364.v1 SIGN REGULATIONS SECTION 1: INTENT 8 SECTION 2: DEFINITIONS 9 SECTION 3: ADMINISTRATION 15 A. Permits 15 B. Applications 16 C. Work Started Without a Permit 16 D. Permit Revocable 16 E. Non Conforming Signs 17 F. Inspection 18 G. Removal of Obsolete Signs 18 H. Removal or Repair of Dilapidated or Deteriorated Signs 18 I. Removal of Illegally Erected Signs 18 J. Variances 19 SECTION 4: PROHIBITED SIGNS 19 A. Signs Imitating Traffic or Emergency Signs 20 B. Portable Signs 20 C. Signs Violating other Laws or Ordinances 20 D. Signs Attached to Trees or Utility Poles 20 E. Signs on Sidewalks, Curbs, Gutters or Streets 20 F. Moving, Flashing, Revolving or Color Changing Signs 20 G. Pole Signs 20 H. Off-Premise Signs 21 I. Signs Attached to or Painted on a Fence, Wall or Railing 21 J. Signs Causing a Nuisance or Hazard Because of Illumination 21 K. Signs Advertising the Sale of a Vehicle 21 Ordinance—Wylie Sign Regulations Page 4 549364.v1 L. Signs Attached to a Vehicle 21 SECTION 5: EXEMPT SIGNS 22 A. Nameplates 22 B. Building Identification/Memorial 22 C. Traffic 22 D. Signs Inside a Building 22 E. Changeable Copy 22 F. Movement Control Signs 22 G. Protective Signs 23 H. Government Signs 23 I. Holiday Lights and Decorations 23 J. Political Signs 23 K. Special Event or Public Announcement Signs 24 L. Garage Sale Signs 24 M. Home Improvement Signs 25 N. Temporary Religious Signs 25 O. Yard Signs 26 P. Zoning Signs 26 Q. Signs Held by Pedestrians 26 SECTION 6: GENERAL SIGN REGULATIONS 26 A. Flags 26 B. Obscenity 27 C. Obsolete Signs 27 D. Maintenance of Signs 27 E. Wind Pressure and Dead Load Requirements 28 F. Obstructing Doors, Windows, or Fire Escapes 28 Ordinance—Wylie Sign Regulations Page 5 549364.v1 G. Placement of Advertising Matter 28 H. Signs Prohibited On or Over Public Property 28 I. Illumination of Signs 29 J. Searchlights 29 SECTION 7: ATTACHED SIGN REGULATIONS 30 A. Wall Signs 30 B. Signs attached to a Building(s) 31 C. Illumination of Attached Signs 31 D. Window Signs 31 E. Awning Signs 31 F. Projecting Signs 32 G. Canopy Sign 32 H. Electrical Signs 32 SECTION 8: MONUMENT SIGN REGULATIONS 33 A. General Requirements 31 B. Fuel Pricing Signs 35 C. Material Regulations 35 D. Illumination 35 SECTION 9: OTHER TYPES OF SIGNS 34 A. Menu Board Signs 36 B. Subdivision Entry Signs 36 C. Directory Signs 37 D. Institutional Signs 37 E. Kiosk Signs 36 Ordinance—Wylie Sign Regulations Page 6 549364.v1 SECTION 10: REGULATIONS FOR TEMPORARY SIGNS ..38 A. Development Signs 40 B. Real Estate Sign 40 C. Promotional Signage 41 Attachment- Illustration 2-1 Sign Sight(Visibility) Triangle Ordinance—Wylie Sign Regulations Page 7 549364.v1 SECTION 1: INTENT A. Signs are an important component of the urban built environment, providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network; and 2. Unless the location, number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement, and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location, number, and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation, and preservation of views in a manner consistent with land uses in the various zoning districts; and Ordinance—Wylie Sign Regulations Page 8 549364.v1 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. SECTION 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 his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: a. Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or b. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition; or c. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support); or d. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or e. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Ordinance—Wylie Sign Regulations Page 9 549364.v1 Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of, the subject matter on the sign face. 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. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Non-combustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature. 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 sixty(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. 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, and circle) shape. In the case of an irregularly-shaped sign, the entire area Ordinance—Wylie Sign Regulations Page 10 549364.v1 within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space. Neon tubing attached 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 any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign, Directory means any sign listing occupants within shopping centers, industrial sites, retail districts, office districts and commercial sites. 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 any on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign Height means the highest elevation of any part of a sign structure measured from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts. Sign, Home Improvement means any on-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. Ordinance—Wylie Sign Regulations Page 11 549364.v1 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, Kiosk means a ladder-style sign with multiple panels that is installed within the public right-of-way, complies with Section 9(E), and either provides direction to Wylie residential subdivisions and/or municipal facilities or provides the public with information about upcoming city-sponsored events. To aid in the identification and location of residential subdivisions, a Kiosk Sign may include the name of a developer or homebuilder when providing directions to that developer's or homebuilder's residential subdivision. Sign, Menu Board means an on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity, service, activity or product. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and grade. 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. Ordinance—Wylie Sign Regulations Page 12 549364.v1 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 can 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. Sign, Reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, 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 Sight Triangle interchangeable with Sight Visibility Triangle shall mean the triangle formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines. The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. No sign shall be placed in or above the triangular area created by the motorist's view described by this subsection (see Illustrations 2-1). This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. Ordinance—Wylie Sign Regulations Page 13 549364.v1 Sign, Subdivision Entry 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, 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, 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, Zoning means any sign provided by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign Contractor means a General Contractor. 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. 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 Width means the widest dimension determined by the largest measurement of all supports, projections or any part of a sign structure on any horizontal plane. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-lA/26, SF-30/24, SF-20/21, SF-10/19, SF-8.5/17, TH/15, MF, and MH. Ordinance—Wylie Sign Regulations Page 14 549364.v1 SECTION 3: ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. A. Permits 1. Permit Required: In addition to the other permitting requirements set forth in this Ordinance, no person shall erect, construct, relocate, alter, repair or maintain any of the following type of signs unless a permit has been issued by the City of Wylie and the fee paid for such erection, construction, relocation, alteration, repair, or maintenance of such sign: a. Awning Signs b. Canopy Signs c. Changeable Message Signs d. Directory Signs e. Institutional Signs f. Menu Board Signs g. Movement Control Signs h. Monument Signs i. Nonconforming Signs (for relocation, alteration, and/or repair only) j. Projecting Signs k. Reader board Signs 1. Secondary Signs m. Subdivision Entry Signs 2. Permit Fees and Sign Contractors. Permit fees are contained in Appendix A of the Code of Ordinances. A permit may only be issued to a Sign Contractor that carries at least three hundred thousand dollars ($300,000.00) of general liability insurance and provides evidence of such insurance coverage to the Building Official when they submit the permit application. 3. Permit Expiration: 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. 4. 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. 5. 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. Ordinance—Wylie Sign Regulations Page 15 549364.v1 6. 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 plot plan declaring all property lines, setbacks, easements, Right of Ways, other existing signs maintained on the lot and the required distance separation to the closest monument sign in any direction scaled to linear feet. 3. A scaled drawing of the height, width and display area of the proposed sign. 4. A drawing of the lot plan or building facade indicating the proposed location of the sign, specifications, materials and landscaping plan. 5. Electrical plan and load requirements. 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 from compliance will 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 Ordinance—Wylie Sign Regulations Page 16 549364.v1 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 whose 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. Non Conforming Signs 1. Non conforming signs in the City of Wylie shall be subject to the regulations set forth in the Wylie Building Code, as amended, except as otherwise set forth herein. 2. A 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. A nonconforming sign or supporting structure that is lawfully repaired, reproduced, or renovated as a nonconforming sign may be increased in area or height. 4. A nonconforming sign may be relocated on the same lot or tract of land if(1) 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; and (2) the location for which the nonconforming sign is to be relocated complies with all requirements set forth in the Wylie Code of Ordinances. 5. The material used in the repair, replacement or modification to an existing nonconforming sign must be approved by the City of Wylie Planning Department and the Building Department. Pole or stanchion supports must be designed, modified and constructed to appear as a solid base Monument Sign in accordance with this ordinance. Ordinance—Wylie Sign Regulations Page 17 549364.v1 F. Inspection The City may inspect annually, or at such other 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 ten (10) days after the City sends written notice to remove the sign. 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 on which the sign is located for all costs associated with ef removal. The permit holder, owner of the sign, and the owner of the property on which the sign is located shall be jointly and severally liable for such costs. Ordinance—Wylie Sign Regulations Page 18 549364.v1 J. Variances 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 restricted 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. SECTION 4: PROHIBITED SIGNS Ordinance—Wylie Sign Regulations Page 19 549364.v1 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 in Sections 3: E, 6:A. and 10. Ordinance—Wylie Sign Regulations Page 20 549364.v1 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 (11/2') square feet. J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to 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 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. Ordinance—Wylie Sign Regulations Page 21 549364.v1 SECTION 5: 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(1) square foot in area. B. Building Identification/Memorial A memorial sign, plaque or tablets identifying the names of buildings, sponsors and date of construction may be cut into a masonry surface or constructed of bronze or other noncombustible 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 Council or 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 Ordinance—Wylie Sign Regulations Page 22 549364.v1 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 (6") inches 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: 2. Each sign must not exceed six (6') square feet in effective area. 3. Detached signs must not exceed three (3') feet in height. 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 with electrical connections displayed ninety (90) days or less must be listed by a recognized listing agency, but otherwise 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 Ordinance—Wylie Sign Regulations Page 23 549364.v1 4. Are not illuminated; and 5. Do not have any moving elements or parts. A sign not meeting each of the above requirements or 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 (6') feet. 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, it's ETJ, 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. L. Garage Sale Signs 1. Garage sale signs shall not be erected earlier than two (2) days prior to the sale and must be removed immediately after the sale but in no case longer than one(1) day 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 (3') Ordinance—Wylie Sign Regulations Page 24 549364.v1 feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet 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 (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet 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 any one 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 (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 4. Signs shall not exceed thirty-six (36') square feet in area. Ordinance—Wylie Sign Regulations Page 25 549364.v1 O. Yard Signs 1. Signs shall be located only on lots containing an occupied single-family, two (2) 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 (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet 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 (3') feet from the sidewalk. On lots where no sidewalk exists within the street right-of-way, the sign shall be located at least ten (10') feet from the edge of the street. 2. Signs shall not exceed six (6') square feet in area. Q. Signs Held by Pedestrians 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 (6') feet 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. SECTION 6: GENERAL SIGN REGULATIONS A. Flags All flags shall comply with Title 4 U.S. Code, and 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. Ordinance—Wylie Sign Regulations Page 26 549364.v1 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 fifteen (15') feet from any property line. b. Maximum Height 1. Residential - Twenty-five(25') feet 2. Commercial - Thirty-five (35') feet 3. No flag or flag pole may be located within any easement. B. Obscenity No person shall display on any sign any obscene matter as defined by Section 43.32(a) (1), Texas Penal Code, as amended, or any matter soliciting or promoting unlawful conduct. Any sign which contains obscene 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 over painting. 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. Ordinance—Wylie Sign Regulations Page 27 549364.v1 E. Wind Pressure and Dead Load Requirements All signs shall be designed in accordance with all of the following requirements; set forth in Section 8 Table B-1, Building Code Exposure Category C, constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of area and shall be constructed to receive the minimum 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 Except as otherwise provided for in this ordinance, 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, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5.P and Section 8.F in this Ordinance. Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the City in accordance with this Ordinance. Ordinance—Wylie Sign Regulations Page 28 549364.v1 I. Illumination of Signs 1. No sign shall be illuminated to such 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 twelve(12) times in 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 illumination shall not exceed forty (40) watts per every twenty-five (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 fifty (50') feet from a public right-of-way and positioned so as to project all beams at a minimum angle of thirty(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 (4) 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 four(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 premise 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 Ordinance—Wylie Sign Regulations Page 29 549364.v1 same premises within the six (6) months preceding the date of the permit application. SECTION 7: ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Signs 1. Where Allowed. Wall signs shall be limited to buildings located in a nonresidential zoning district or to churches, apartments, schools and other nonresidential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached, and shall project no more than eighteen (18") inches 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 Wall signs shall not exceed the following area schedules: a. An attached sign located at a height of twenty-six (26') feet or less is limited to one (1') square foot of sign area for each linear 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. b. An attached sign located above a height of twenty-six (26') feet 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 twenty-six (26') feet measured from the base of the sign. Signs may be increased hereunder to a maximum size of six hundred (600) square feet. c. Attached signs may be located on any façade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. d. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs (a) or (b) above, Ordinance—Wylie Sign Regulations Page 30 549364.v1 whichever paragraph is applicable. Signs on a single facade shall not exceed the sign area allowed in paragraph (a) above. B. Signs attached to a Building(s) No portion of any type or style of a sign will be allowed to project above the vertical plane of the exterior wall, parapet, mansard or the fascia panels of a building or canopy upon which they are attached. 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 twenty-five (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 (2') 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 (6') feet in height and shall not be placed less than eight (8') feet above the sidewalk. 2. Artwork or copy on Awning Signs shall be limited to a business name and/or logo. 3. The artwork or copy for an Awning Sign shall not exceed twenty (20%) percent of the area of the Awning and shall extend for no more than sixty (60%) percent of the length of the Awning. Ordinance—Wylie Sign Regulations Page 31 549364.v1 F. Projecting Signs 1. Signs shall be constructed of noncombustible material. 2. Signs shall not project more than three (3') feet, measured from the building face and shall not be closer than two (2') feet from the back of the curb line. 3. Signs shall be at least eight(8') feet above the sidewalk. 4. Signs may be illuminated in conformance with this Ordinance or other applicable City regulations. 5. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 6. Signs shall not exceed sixteen(16') square feet per sign face. G. Canopy Sign Canopy Signs must meet the following regulations: 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 3. The artwork or copy on a Canopy Sign shall not exceed ten (10%) 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. H. Electrical Signs Every sign with any type of electrical connection must be recognized by an approved listing agency with a permanent label properly affixed or be designed and assembled by a state licensed Master or Sign Electrician registered with the Ordinance—Wylie Sign Regulations Page 32 549364.v1 City of Wylie. An electrical permit and approved inspection are required prior to the erection or attachment to the permanent structure. SECTION 8: MONUMENT SIGN REGULATIONS A. General Requirements. 1) 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. 2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an exiting drive or at the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point fifteen (15') feet from a point determined by the intersecting curb lines or the edge of the roadway whichever is more stringent. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. This shall be applied to all public and private approaches affected. See Illustration 2-1. 3) No sign shall be placed in or extend beyond the vertical plane of a property line, public street, sidewalk, easement or right-of-way. 4) A monument sign must be separated by at least one hundred (100') feet from any other monument sign on the same property, measured along the right-of-way. 5) 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 twelve (12) times per hour, with the exception of signs that only display the time and temperature. 6) Street addresses. On-premises signs shall display the street addresses of the business location it advertises in numbers at least five (5) inches high on each monument sign in legible form within forty (40') feet of the nearest public roadway. Such numbers shall increase one (1) inch in height for each additional forty (40') feet, or tractional part thereof, the sign is located from such roadway and utilize contrasting colors) 7) Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent label properly affixed. 8) Properties with Single Tenants. Businesses located on individually platted land including individual pad sites within a shopping center, apartments, schools, model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: a. Maximum Display Area allowance is Ninety(90') square feet. Ordinance—Wylie Sign Regulations Page 33 549364.v1 b. Maximum Height is Twelve(12') feet. c. Maximum Width is Eight (8') feet. 9) Properties with Multiple Tenants. Multiple business signs (MBS) advertising multiple business in a common center(s) shall observe the following specific rules and regulations as identified in Table B-1, in addition to all other regulations herein contained. Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: a. A multiple business sign shall not be erected, constructed, or maintained within one hundred (100') feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic, street or directional signs. b. There may be more than one (1) multiple business signs on each street frontage. The minimum distance between each such multiple business sign shall be in compliance the requirements of Table B-1. c. A multiple business center (MBC) with less than one hundred (100') feet of street frontage shall be permitted no more than one(1)multiple business sign. d. Maximum size shall be in compliance the requirements of Table B-1. e. Maximum height shall be in compliance the requirements of Table B-1. TABLE INSET B-1 Number of Maximum Maximum Display Minimum Minimum Tennant Allowable Allowable Area Max Distance Wind Load Spaces* Height Width Between Design MBS Speed ** 2-4 14 feet 12 feet 128 feet 100 feet 100 MPH 5-8 16 feet 12 feet 160 feet 100 feet 100 MPH 9-12 19 feet 14 feet 216 feet 300 feet 110 MPH 13-16 25 feet 16 feet 320 feet 300 feet 110 MPH * The minimum dimension allowance of any business or otherwise tenant space shall not be less than thirty (30') linear feet in width as measured along the display or advertised frontage of any building, space or structure. In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments through adoption by the City of Wylie. Ordinance—Wylie Sign Regulations Page 34 549364.v1 ** The Minimum Wind Load Design Speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a Professional Structural Engineer legally licensed by the state of Texas. B. Fuel Pricing Signs A Fuel Pricing Sign must be integral to the permitted sign for the site and shall satisfy the following additional requirements: a. The Fuel Pricing Sign shall only reflect the most current price of fuel available for purchase at that location and must be a Monument Sign. b. The pricing display may not scroll, flash, or change more frequently than twice a day. c. The overall sign dimension shall be in compliance with Table B-1, must comply with all other regulations and the pricing display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. e. Internal illumination may be used for the pricing display. f. Changeable reader boards of a manual type may be used if proper design is employed to keep the changeable panels safely in place at the minimum wind load design speed in compliance with Table B-1. C. 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 (6") inches from the outer limits of the sign structure. D. Illumination Monument Signs may be illuminated by a ground lighting source where the light itself and supporting structure are screened from the public right-of-way. Ground lighting must be of one constant color and not pose a traffic concern as determined by the City of Wylie. Signs may be back lit using internal lighting. Ordinance—Wylie Sign Regulations Page 35 549364.v1 SECTION 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, but may be compartmentalized to appear as only one sign panel face assembly. 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(12') feet apart. 5. Internal illumination may be utilized for the sign panel. 6. Any sign must be located at least fifteen (15') feet from any property line. B. Subdivision Entry Signs Subdivision Entry Signs must meet the following regulations: 1. Comply with the General Requirements of Monument Signs. 2. May not exceed seven (7') feet in height from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer. 3. Subdivision Entry Signs may be attached to a wall at the subdivision entrance or installed as a Monument Sign. 4. Attached Signs may not project above the top of the wall on which they are attached. 5. The maximum sign area is thirty-two (32') square feet for Attached Signs. 6. Only one (1) Monument Sign or two (2) attached signs may be placed at each subdivision entrance. A Monument Sign may have the subdivision name on both sides. Ordinance—Wylie Sign Regulations Page 36 549364.v1 7. 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. 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll, flash, or change more frequently than once a day; c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face, excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. E. Kiosk Signs Kiosk Signs must meet the following regulations: 1. Procedures for Installing a Kiosk Sign Ordinance—Wylie Sign Regulations Page 37 549364.v1 a. Kiosk signs may only be installed pursuant to an executed concession contract approved by City Council. This concession contract shall grant a person or company (the "Concessionaire") the right to design, erect, and maintain Kiosk Signs within Wylie and administer the Kiosk program as set forth by that concession contract. b. Once a concession contract is approved by City Council, the Concessionaire shall submit a map, elevations, and any other documentation deemed necessary by city staff, showing the location and design of the proposed Kiosk Signs to the Director of Planning, Building Official, and the Director of Public Works. Upon review of the map, elevations, and any other applicable documentation, the Director of Planning, Building Official, and Director of Public Works shall make a recommendation to City Council as to whether the location and design of the proposed Kiosk Signs should be approved, denied, or modified. c. City Council may approve, deny, or approve with modifications the location and design of the proposed Kiosk Signs as shown on the map, elevations, and other applicable documentation. Modifications include, but are not limited to, modifications to the color of, or materials used in, the sign panels. No party may erect a Kiosk Sign without City Council approval of the location and design of the kiosks. d. The Concessionaire must comply with all permitting requirements set forth in this Ordinance. 2. Location of Kiosk Signs. Although the City Council has the authority to determine where Kiosk Signs may be located, locations must at least meet the following criteria: a. The location of Kiosk Signs must not create traffic hazards. The obstruction of the visibility of motorists, pedestrians, or traffic control signs will constitute a type of traffic hazard. Wylie's Engineering Division shall review the location of each proposed Kiosk Sign. A Kiosk Sign shall not be installed if Wylie's Engineering Division determines that the location of the proposed sign would create a traffic hazard. b. The location of Kiosk Signs must not interfere with the general use of and handicap accessibility of sidewalks, walkways,bike, and hiking trails. c. The location of Kiosk Signs must not interfere with any public utilities or be located in a utility easement. d. Kiosk Signs must not be located within a sight visibility triangle. Ordinance—Wylie Sign Regulations Page 38 549364.v1 e. Kiosk Signs must not be placed adjacent to a lot with a residential use without the prior written consent of the owner(s) of that lot as shown on the most current tax roles. Proof of prior written consent must be attached to the Concessionaire's permit application. If a residential use is placed on a lot adjacent to a pre-existing Kiosk Sign, no written consent is necessary for that Kiosk Sign to remain. f. A Kiosk Sign must be located at least one-hundred (100') feet from all other Kiosk Signs. g. Kiosk Signs must not be located within a median. h. Kiosk Signs must be located at least five (5') feet from the edge of curb or pavement line, which includes improved surfaces and shoulders. 3. Design of Kiosk Signs. Although City Council has the authority to determine which designs are appropriate, designs must at least meet the following criteria: a. At least one sign panel on each Kiosk Sign must provide directions to a municipal facility or provide information about an upcoming city- sponsored event. b. Kiosk Signs may not exceed twelve (12') feet in height and four (4') feet in width. c. Kiosk Signs must include breakaway design features as required by the Texas Department of Transportation's Sign Mounting Details for Roadside Signs. Break-away fittings must be installed below grade or concealed from public view in another manner approved by City Council through the Building Inspections Department. d. The font and color of the Kiosk Signs must be uniform throughout the entire sign. e. Kiosk signs shall not be illuminated. f. There must be an identification panel at the top of each Kiosk Sign that displays only the name and official logo of the city. g. No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to Kiosk Signs. 4. Variances to Kiosk Sign Regulations. No person or party may obtain a variance to the Kiosk Sign procedures or regulations set forth in this Ordinance. Ordinance—Wylie Sign Regulations Page 39 549364.v1 SECTION 10: REGULATIONS FOR TEMPORARY SIGNS A. Development Signs 1. Development Signs are allowed subject to the following regulations. 2. Development Signs require a temporary sign permit and may be erected in nonresidential and residential zoning districts. 3. 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. 4. Maximum height of a Development Sign shall be fifteen(15') feet. 5. The required setback shall be ten(10') feet from the front property line and ten (10') feet from the side property line. 6. The maximum sign area per sign face shall not exceed sixty(60') square feet. 7. Each development site may have one such sign for each fifty (50') acres, or any portion thereof, under active development. 8. A Development Sign must be removed when the project is ninety (90%) percent complete. In the case of a commercial project, ninety (90%) percent complete means when a certificate of occupancy is issued for a shell building. For a residential project, ninety (90%) percent complete means when ninety (90%) percent of the lots in the subdivision have received building permits. B. Real Estate Sign Real Estate Signs are subject to the following regulations: 1. Real Estate Signs may be erected in nonresidential and residential zoning districts and shall not require a permit. 2. Real Estate Signs may be Attached, Monument or Ground Signs. 3. The maximum sign area shall not exceed nine (9') square feet and a maximum height of four (4') feet 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(10') feet 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 (3') feet from the sidewalk. On lots where no sidewalk exists within the street Ordinance—Wylie Sign Regulations Page 40 549364.v1 right-of-way, the sign shall be located at least ten (10') feet 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 and must be related only to the property on which they are located. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time. Promotional Signs are subject to the following regulations: 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 (2) week period will commence on the first day Promotional Signage is displayed. b. The two (2) 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 (3) week period provided the promotion commences within the first three (3) 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. Ordinance—Wylie Sign Regulations Page 41 549364.v1 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(40') feet measured from ground. 5. The setbacks are a minimum of fifteen (15') feet from street Right of Way and a minimum of forty (40') feet from property lines other than those property lines fronting the street Right of Way. Ordinance—Wylie Sign Regulations Page 42 549364.v1 AO < 0 A A A GA A VI O 10 X SPEED LIMIT m i A ./+�rw�'MlFire.'awMirww+P. 300' ,— _, . 30 ii' /ram �tiwra;+a++'win+�MawPT'9.�" v-ere. ".Fw.w..w�r+.�w.w.wtn..�a.ewvw.w�++...K....e.«r,rew+txr w'r+wr..w i wi+u'rwx.vMw�w� ' li��111� Rt+reslT+/weFlr- +��rr. 5 '1P :1 ,., f11 r 400' �` Y �. A .............._... 550, «(55 WM w cl:rno f ILLUSTRATION 2-1 SIGN I GHT TRIANGLE Style Definition:Heading 2:Font: Times New Roman,Not Italic, SIGN REGULATIONS Indent:Left: 1" SECTION 1: INTENT 4 SECTION 2: DEFINITIONS 5 SECTION 3: ADMINISTRATION .11 A. Permits 11 B. Applications Deleted:11_._._..._._.__......._....__....___.____...._, C. Work Started Without a Permit { Deleted.II D. Permit Revocable 12 E. Nonconforming Existing Signs 12 F. Inspection 13 G. Removal of Obsolete Signs 13 H. Removal or Repair of Dilapidated or Deteriorated Signs 13 l-Deleted:13 I. Removal of Illegally Erected Signs ........................--.__..._........_..._......._........._.._ J.Variances 13 SECTION 4: PROHIBITED SIGNS I.4 I Deleted:.s A. Signs Imitating Traffic or Emergency Signs Deleted 15 B. Portable Signs Deleted 15 C. Signs Violating other Laws or Ordinances 1� Deleted.'S D. Signs Attached to Trees or Utility Poles Deleted is E. Signs on Sidewalks,Curbs,Gutters or Streets lEt Deleted:15 a Deleted:15 F. Moving,Flashing,Revolving or Color Changing Signs - G. Pole Signs (Deleted:15 H. Off-Premise Signs {,Deleted:15 I. Signs Attached to or Painted on a Fence,Wall or Railing { Deleted 15 J. Signs Causing a Nuisance or Hazard Because of Illumination 17 {Deleted:16 K. Signs Advertising the Sale of a Vehicle 7 {Deleted 16 L. Signs Attached to a Vehicle 17 Deleted:16 SECTION S: EXEMPT SIGNS ...17 Deleted:17 A. Nameplates B. Building Identification/Memorial It 1 Deleted " C. Traffic Deleted:17 D. Signs Inside a Building Deleted:17 Deleted: E. Changeable Copy ! 17.................... ...................__._..__...._......._ 510528-3 1 F. Movement Control Signs Deleted 17 G. Protective Signs 1.1, Deleted:17 H. Government Signs 19 Deleted.ls I. Holiday Lights and Decorations Deleted 18 J. Political Signs 9 Deleted.ls K. Special Event or Public Announcement Signs 19 Deleted:is L. Garage Sale Signs Deleted.19 M. Home Improvement Signs a {Deleted:19 :. N. Temporary Religious Signs g Deleted:19 O. Yard Signs 20 P. Zoning Signs 11, { Deleted:20 I Q. Signs Held by Pedestrians Deleted:20 SECTION 6: GENERAL SIGN REGULATIONS 2 {Deleted:21 A. FLAGS { Deleted 21 j Deleted:21 B. Obscenity 241 C. Obsolete Signs { Deleted:21 D. Maintenance of Signs 21 1 Deleted:21 E. Wind Pressure and Dead Load Requirements {'Deleted'zz F. Obstructing Doors,Windows,or Fire Escapes i,Deleted: Deleted:22__._.._._..........._._._......................._............. G. Placement of Advertising Matter ba, I Deleted:22 H. Signs Prohibited On or Over Public Property A l Deleted'22 I. Illumination of Signs _'a. { Deleted:22 I Deleted:23 J. Searchlights SECTION 7: ATTACHED SIGN REGULATIONS 24 Deleted:24 A. Wall Signs 2 5, B. Secondary Attached Signs Deleted:24 C. Illumination of Attached Signs 3 { Deleted:24 Deleted:25 D. Window Signs E. Awning Signs I Deleted:25 F. Projecting Signs N .Deleted:25 { Deleted:25 G. Canopy Sign - SECTION 8: MONUMENT SIGN REGULATIONS 27 j Deleted:27 A. Properties with Multiple Tenants 31, 510528-3 2 B. Properties with Single Tenants S Deleted 27 Del eted C. Gasoline Pricing Signs Deleted 28 D. Material Regulations Deleted 28 E. Illumination Deleted:28 SECTION 9: OTHER TYPES OF SIGNS 29 Deleted:29 A. Menu Board Signs ----..__...__.____-._.._........_..___ B. Subdivision Entry Signs Deleted:29 C. Directory Signs Deleted`29 D. Institutional Signs S ' Deleted`29 E. Kiosk Signs .30 SECTION 10: REGULATIONS FOR TEMPORARY SIGNS 33 A. Development Signs 33 B. Real Estate Sign 33 C. Promotional Signage 34 510528-3 3 SECTION 1: INTENT A. Signs are an important component of the urban built environment,providing important information, and directions to community residents and visitors. However: 1. The uncontrolled proliferation of signs is hazardous to users of streets and highways within the City of Wylie and will adversely affect the safety and efficiency of the City's transportation network;and 2. Unless the location,number, setback, lighting, and size of signs are regulated, the scattering of the signs throughout the City would be detrimental to the preservation of scenic resources and so to the economic base of the City; and 3. The proliferation of signs in the City has an adverse affect on adjacent property values; and 4. The orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City. B. Therefore it is the intent of these regulations: 1. To protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs; 2. To preserve, protect, and enhance areas of historical, architectural, cultural, aesthetic, and economic value regardless of whether they are natural or manmade; 3. To protect the value of adjacent and nearby properties, in particular, residentially zoned properties from the impact of lighting, size, height, movement,and location of signs; 4. To enhance the image of the City which is conveyed to tourists and visitors by controlling the location,number,and size of signs; 5. To integrate sign regulations more effectively with other regulations by establishing regulations for setbacks, height, and spacing to allow for lighting, ventilation,and preservation of views in a manner consistent with land uses in the various zoning districts;and 6. To preserve and enhance the appearance of the City and the public interest in aesthetics,and to control and reduce visual clutter and blight. 510528-3 4 SECTION 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 his/her designee. Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory to and is open on two or more sides. Dilapidated or deteriorated condition means any sign: a. Where elements of the surface or background can be seen as viewed from the normal viewing distance(intended viewing distance),to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface;or b. Where the structural support or frame or sign panels are visibly bent, broken, dented, or torn as to constitute an unsightly, hazardous or harmful condition;or c. Where the sign, or its elements, are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or the failure of a structural support);or d. Where the message or wording can no longer be clearly read by a person under normal viewing conditions; or e. Where the sign or its elements are not in compliance with the regulations of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on the exterior surface of a building or structure. Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. 510528-3 5 Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape, containing a distinctive design or message which is used as a symbol or to signal or attract attention. Illuminated sign means any sign which has characters,letters,figures,or designs illuminated by electric lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide night time viewing of,the subject matter on the sign face. 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 which will not ignite at or below a temperature of 1,200 degrees Fahrenheit,and will not continue to burn or glow at that temperature. Logo means any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope,wire or string,usually in a series, designed to move in the wind. Premises means a lot or unplatted tract, or a combination of contiguous lots 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 arr ,---(Formatted:Highlight formed by extending two (2) curb lines a distance of forty-five (45) feet from their point of ntersection. 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 thstance of thirty (30) feet from their point of intersection and connecting these points with an tnaginary 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 pertr lines and adjoining said pojIMMEMsuse of See the definition of Sign Sight Triangle interchangeable with Sight Visibility 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. 510528-3 6 Sign area means the actual area of a face of the sign, unless the sign is not of a regular(square, rectangle, triangle, and circle) shape. In the case of an irregularly-shaped sign, the entire area within a single continuous perimeter forming the most applicable single regular shape enclosing the extreme limits of each sign shall be the "gross surface area." In the event two or more signs share a single structure, each sign or panel may be considered separately for square footage purposes, except that the combined footage of such signs cannot exceed the total square footage allowed for the sign. Sign, Attached means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers usable space. Neon tubing attached 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 any on-site sign to direct the public to entrances, exits and services located on the property on which the sign is located. Sign,Directory means any sign listing occupants within shopping centers, industrial sites,retail districts, office districts and commercial sites. 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 any on-site Promotional Sign for the sale of personal household goods in a residential zoning district or on the property of a nonprofit organization. Sign Height mans the highest elevation of any part of a signs structure measured from the crown n of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts., Sign, Home Improvement means any on-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. 510528-3 7 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, Kiosk means a ladder-style sign with multiple panels that is installed within the public right-of-way, complies with Section 9(E), and either provides direction to Wylie residential subdivisions and/or municipal facilities or provides the public with information about upcoming city-sponsored events. To aid in the identification and location of residential subdivisions, a Kiosk Sign may include the name of a developer or homebuilder when providing directions to that developer's or homebuilder's residential subdivision. Sign,Menu Board means an on-site sign that displays a menu and pricing for food services and may include an audible speaker and microphone integral to the sign. Sign,Model Home means any sign identifying a new home, either furnished or unfurnished, as being a builder's or contractor's model open to the public for inspection. Sign, Movement Control means a sign providing direction or traffic flow information for persons or vehicles located the same premises as the sign. Movement Control Signs shall not advertise or otherwise draw attention to the premises, an individual, business, commodity, service,activity or product. Sign, Municipally-Owned means any sign that identifies a park, entrance to the City, place of interest within the City, any City sponsored event or any municipally-owned facility and is erected by or at the direction of a City official. A municipally-owned sign does not include traffic or street identification signs. Sign, Monument means any detached sign made from masonry, concrete materials, wood or plastic provided that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and grade. 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. 510528-3 8 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. Sign, Reader board means any sign comprised of changeable letters that allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, 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 Sight Triangle';interchangeable with Sight "Visibility Triangle shall mean the triangle flamed at an intersection by intersecting curb lines and a non-curb line joining the curb lutes. The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive'or at the intersecti�n of two t2"1(or more)public streets,The motorist's eve is assumed to be at a,. pint fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (iQ) times the speed limit on either side of the vehicle parallel to the intersecting roadway, No sign ,hall be.plac d in or above the tria aular area created by the m t.r3,i ss view described by this subsection(see Illustrations 2-1). This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. 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. 510528-3 9 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 provided by the City of Wylie Planning and Zoning Department to publicize the request for zoning or rezoning of a property. Sign Contractor means a General Contractor. 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. Sign Width means the widest.dimension determined by the largest measurement of all supports, projections or any part of a sign structure on any,=horizontal plane. Wall means any exterior surface of a structure that has a slope of 60 degrees or more. Zoning District, Non-Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as NS,CR,BP,CC,I,PD,FP,DTH. Zoning District, Residential means any zoning district designated by the Zoning Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-8.5/17, TH/15, MF, and MH. 510528-3 10 SECTION 3: ADMINISTRATION The provisions of this Ordinance shall be administered by the Building Official. Formatted:Indent:Left: 0",Tabs: • A. Permits Not at i I. Permit Required: In addition to the other permitting requirements set forth in. Formatted:Bullets and Numbering this Ordinance, no person shall erect, construct, relocate, alter, repair or - maintain any of the following type of signs unless a permit has been issued by the Citv of Wylie and the fee paid for such erection construction relocation, alteration,repair,or maintenance of such sign: I. Awning Siwis 4 Formatted:Bullets and Numbering 2. Canopy Signs 3. Changeable Message SAgps 4. Directory Signs 5. Institutional Signs NIC.1114,..49„414 Sigps 7. Movement Control Signs 8. Monument Signs 9. Nonconforming Signs (for relocation, alteration, =dor repair only) I(L..lim.igeting 11.Reader board Signs 12. Secondary Signs 13.Subdivision Entry Signs 2, Permit Fees and Sign Contractors. Permit fees are contained in Appendix A of the Code of Ordinances. A permit may only be issued to a Sign Contractor that carries at least three hundred thousand dollars ($300,000.00) of general liability insurance and_provides evidence of such insurance coverage to the Building Official when they submit the permit application. 3. Permit Expiration: 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. 4. Electrical permit: Where signs contain electrical vviripa and connections, an- ; Formatted Bullets and Numbering electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of the Citv's electrical code or regulations. 5. Not to issue to Persons Previously Failing to Pa v Fees: The City shall not. Formatted:Bullets and Numbering issue a permit under the provisions of this Ordinance to any person, business, entity,organization nr activitywho has pjj9failed or refused to pay any fees or costs assessed against him under the provisions of this Ordinance. 6. Easements: No sign shall be located in any easement other than a landscape- Formatted:Bullets and Numbering easement. 510528-3 11 B. Applications Deleted:A. Permits¶ 11 All applications for permits shall include each of the following: No sign shall be erected,constructed, relocated,altered,repaired or 1. A completed permit application. maintained except as provided in this Ordinance until a permit for such has 2. A drawing of the proposed sign and all existing signs maintained on the lot been issued by the City of Wylie and the fee paid,except as otherwise and visible from the right-of-way. provided in this Ordinance.Permit fees are contained in Appendix A of the 3. A drawing of the lot plan or building facade indicating the proposed location Code ofordinances.Q of the sign,and specifications. A permit fora sign shall expire if the work is not commenced within ninety C. Work Started Without a Permit (90)days from the date of issuance of such permit.¶ No sign requiring a permit may be erected or installed without first having a 11 permit. If anywork for which apermit is required bythis Ordinance has been Electrical permit'where signs contain q ! electrical wiring and connections,an commenced without first obtaining a permit the following shall apply: electrical permit must also be obtained in addition to the permit for the sign. No sign shall be erected in violation of 1. Investigation.A special investigation to determine compliance shall be made the City's electrical code or before a permit may be issued for the work. regnlatinns.¶ 11 Not to Issue to Persons Previously 2. Investigation Fee. In addition to the permit fee, an investigation fee shall be Failing to Pay Fees:The City shall not issue a permit under the provisions of collected whether or not a permit is then or subsequently issued. The this Ordinance to any person,business, ation fee shall be equal to the amount of thepermit fee required byentity, slyf organization or activity who has investig ation q q ' previously failed or refused to pay any this City. The payment of the investigation fee shall not exempt any person fees or costs assessed against him from compliance will all other provisions of this Ordinance nor from any under the provisions of this ordinance.1 11 other penalty prescribed by law. Easements:No sign shall be located in any easement other than a landscape easement!! 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 whose 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. Formatted:Tabs:Not at 0.5"+ 1" E. Non Conforming Signs 1. Non conforming signs in the City of Wylie shall be subject to the regulations set forth.in the Building ode,...as amettifed except as plhenvisq set forth herein. 510528-3 12 ?. A nonconforming sign andjor its supporting structure, which is destroyed. t ama ed. dalaptc-latci or.deteriorated,._shad nit 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 00%) of the ,cast...of a new ._,i including. its supporting structur,e which ,is substantially the same or similar to the nonconfonnna 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. ;. A nonconforming sign or supporting structure that is lawfully repaired.. reproduced.or renovated as a nonconforming sign may be increased in area or height. 4 4 nonconforming sign rna „he relocated on theaarne lot or tract of land if 1. the sign is required to be removed from its present location because the I Deleted:E. Nonconforming Existing Signs¶ proper t . upon which the sign is located is acquired by any governmental All nonconforming signs shall be agency'or other entity which has or could have acquired the prop through registered with Wylie's Building Inspections Department.Should a the exercise of its power of eminent domain; and (2) the location for which nonconforming sign not be registered the nonconforming sign is to be relocated complies with all requirements set within twelve(12)months of the date of the passage of this Ordinance,the forth in the Wylie Code of Ordinances. nonconforming status of the sign shall be terminated and the sign deemed prohibited and subject to removal in 5 the material used, in the repair, replacement or modification to an existing accordance with this Ordinance.¶ nonconforming sign must be approved by the City of Wylie Planning Any nonconforming sign and/or its supporting structure,which is Department and the Building Department.Pole or stanchion supports must be destroyed,damaged,dilapidated or deteriorated,shall not be replaced, designed,modified and constructed to appear as a solid base Monument Sign repaired or renovated,in whole or in in accordance with this ordinance; part,if such replacement,repair or renovation would require an expenditure of monies in excess of sixty ,F. Inspection percent(60%)of the cost of a new sign, including its supporting structure, The City may inspect annually,or at such other times as it deems necessary, each which is substantially the same or sign regulated by this Ordinance for the purpose of ascertaining whether the same similar to the nonconforming sign destroyed,damaged,dilapidated or complies with provisions of this Ordinance, is secure or insecure, whether it still deteriorated.Permits granted prior to serves a useful purpose,and whether it is in need of removal or repair. the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance.¶ G. Removal of Obsolete Signs No sign or supporting structure that is lawfully repaired reproduced, Any sign which the City determines no longer serves a bona fide use or does not repaired,or renovated as a conform to this Ordinance shall be removed by the owner, agent or person having nonconforming sign shall be increased in area or height.¶ the beneficial use of the land,buildings or structure upon which the sign is located Notwithstanding any other provision of within ten(10)days after written notification to do so from the City. this Ordinance,any sign which is a legally existing nonconforming sign hereunder may be relocated on the H. Removal or Repair of Dilapidated or Deteriorated Signs same lot or tract of land,if the sign is required to be removed from its If the City shall determine that any sign exists in a dilapidated or deteriorated present location because the property condition, or is a menace to the public, he shall give written notice to the person upon which the sign is located is acquired by any governmental agency or persons responsible for the sign. The permit holder, owner, agent or person or other entity which has or could have having the beneficial use of the premises shall remove or repair the sign within acquired the property through the exercise of its power of eminent ten (10) days after the notice. The City may remove or have removed, without domain.Such relocated sign shall be notice,and assess the owner for the costs,any sign which is an immediate peril to placed,insofar as possible,as to comply with all the provisions of this persons or property. Ordinance.¶ 510528-3 13 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 ten (10) days after the City sends written notice to remove the sign. 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 on which the sign is located for all costs associated with of removal. The permit holder, owner of the sign, and the owner of the property on which the sign is located shall be jointly and severally liable for such costs. J.Variances 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 restricted 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. 510528-3 14 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. 510528-3 15 SECTION 4: PROHIBITED SIGNS 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. Formatted:Tabs:Not at 0.5"+ 1" G. Pole Signs Pole signs and;'Impedes unless specifically allowed by this Ordinance,in Sections 3:E. :A.and 10. Deleted:G. Pole Sign Off-Premise Signs Pole signs and flag poles unless .Hg specifically allowed by this Ordinance Off-Premise signs,unless specifically allowed by this Ordinance. (see sections 6.A and io.).¶ 1. 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 (11/2) square feet. 510528-3 16 J. Signs Causing a Nuisance or Hazard Because of Illumination Signs illuminated to 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 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. 510528-3 17 SECTION 5: 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 buildings 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 Council or 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: 510528-3 1 2. Each sign must not exceed six(6)square feet in effective area. Formatted:Bullets and Numbering 3. Detached signs must not exceed three feet(3')in height. 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. 510528-3 19 5. The advertised function must occur within the corporate limits of the City of Wylie, it's ETJ, 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. L. Garage Sale Signs Formatted:List 1. Garage sale signs shall not be erected earlier than two (2) days'prior to the Formatted:Bullets and Numbering sale=and must be removed>immediately after the sale but in no case longer --than one(I)day following the sale. 2. ,Garage sale sins shall be located onlyon private property with the consent of ; Deleted:<#>Gata thane sale she hush s anyt g P p P y I be erected earlier noon the Thursday the property owner. ! before the sale and must be removed no later than 6:00 p.m.the Sunday following 3. On lots where a sidewalk exists within the street right-of-way, signs shall be the sale¶ 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 any one 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. 510528-3 20 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 thirty-six(36)square feet in area. 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 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. 510528-3 21 SECTION 6: GENERAL SIGN REGULATIONS A. Flags All flags shall comply with.Titic.4 U.S.S C'odc and 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. Formatted:Tabs:Not at 0.5"+ 1" • B. Obseenitx No person shall display on any sign any obscene matter as defined by Section 43 ;,2?(a)(1),Texas Penal Code,as amended,or any matter liciting c rpntmotil unlawful conduct. .Any sign which contains obscene matter must be removed within twenty-four (24) hours of notice. The owner or person in control of the property on Which thesign_is located shall he responsible for compliance with this Section. Deleted:B. Obscenity¶ Obsolete Signs No person shall display on any sign any �• g obscene or indecent matter as defined All signs relating to a product no longer available for purchase by the public and by the Texas Penal Code,or any matter soliciting or promoting all signs relating to a business which has closed or moved away shall be removed unlawful conduct.Any sign which does or the advertising copy shall be removed. Painted wall signs shall be painted over contain any obscene indecent or immoral matter must be removed or with a color that resembles or matches the wall and does not allow the sign the obscene,indecent or immoral message to be visible after over painting. The owner of the property on which the matter must be removed within twenty-four(24)hours of notice.The sign is located shall be responsible for removal of the sign within thirty(30)days owner or person in control of the of obsolescence. property on which the sign is located shall be responsible for compliance with this Section!!! 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. 510528-3 22 Formatted:Tabs:Not at 0.5"+ t" E. Wind Pressure and Dead Load Requirements 111 signs shall be designed in accordance with all of the folio%ing requirements; set forth in Section 8 Table B-I, Building Code Exposure Category C, constructed to Withstand a wind pressure of not less than thirty(30) pounds per square foot of area and shall he constructed to receive the minimum dead loads as required by the Building Code and regulations of the City of IN lie Deleted:E. Wind Pressure and ,F. Obstructing Doors,Windows,or Fire Escapes Dead Load Requirements All signs shall be designed and It shall be unlawful to erect, relocate, or maintain a sign in any manner that constructed to withstand a Wind prevents free ingress to or egress from anydoor, window or fire escape, or to pressure of not less than 30 pounds per g g P i square foot of area,and shall be attach any sign to a standpipe or fire escape. constructed to receive dead loads as required by the building code and regulations of the City of Wylie. 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 Except as otherwise provided for in this ordinance,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, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 511 and Section S.F in this Ordinance, Signs Deleted:.E violating this provision shall be considered illegal signs and may be removed and disposed of by the City in accordance with this Ordinance. I. Illumination of Signs 1. No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. 510528-3 23 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 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 premise 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. 510528-3 24 SECTION 7: ATTACHED SIGN REGULATIONS Unless otherwise specifically provided, the regulations set forth in this Section shall be applicable to all attached signs that are allowed under this Ordinance. A. Wall Signs 1. Where Allowed. Wall signs shall be limited to buildings located in a nonresidential zoning district or to churches, apartments, schools and other nonresidential uses, with the exception of model homes, located within a residentially zoned district. 2. Installation Requirements. All signs and their words shall be mounted parallel to the building surface to which they are attached,and shall project no more than twelve inches(12")from that surface,except for Projecting 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 Wall signs shall not exceed the following area schedules: a. An attached sign located at a height of thirty-six feet(36')or less is limited to 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. b. An attached sign located above a height of twenty-six (36' shall be I Deleted:the-six feet(36') 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 twenty-six (26' measured from the base of the sign. Deleted:thirty-six feet(36') Signs may be increased hereunder to a maximum size of six hundred(600) square feet. c. Attached signs may be located on any facade except for signs located on the side or rear wall of a building where the sign would face an adjacent residential zoning district. The sum of the effective area of all attached signs shall not exceed the allowable effective area specified in paragraphs (a) or (b) above, whichever paragraph is applicable. Signs on a single facade shall not exceed the sign area allowed in paragraph(a)above. B. Signs attached to a Sui.lding(s) NcLppytion_qf any type or style of a jign..wlllob Ilc�i ned nto..prc, et ,t abclyehe vertical plane of the exterior all parapet, mansard or the fascia'panels of a Deleted:B. Secondary Attached building or canopy upon which they are attached: signs¶ One secondary roof sign shall be allowed for each building.The size of the C. Illumination of Attached Signs secondary roof sign shall be limited by the maximum size allowed in paragraph Attached Signs may only be illuminated utilizing internal lighting.Exterior letters (A.3.)above.The size of all wall signs with exposed neon lighting are allowed. shall be added to the size of the secondary roof sign to determine the total amount of sign areal 510528-3 25 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 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. 3. Signs shall be at least 8 feet above the sidewalk. 4. Signs may be illuminated in conformance with this Ordinance or other applicable City regulations. 5. Signs shall be compatible in design, shape, and material with the architectural and historic character of the building. 6. Signs shall not exceed sixteen(16)square feet per sign face. G. Canopy Sign Canopy Signs must meet the following regulations: 1. A Canopy Sign may be attached to, or be an integral part of the face of a canopy. 2. A Canopy Sign may consist of only the name and/or logo of the business at the location of the canopy. 510528-3 26 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. H. ;.Electrical SLOB Every sign with any, type of electrical connection must be recognized_by an approycd listrn;agency with a permanent lahçt properly affixed or be designed and assembled by a state licensed Master or Sit n Electrician registered with the City of Wylie. An electrical permit and approved inspection are required prior to Me erection or attachment tc,the„permanent structure SECTION 8: MONUMENT SIGN REGULATIONS A. General Requirements. 1) All Monument Signs shall be compatible with the colors and materials of the building+ Formatted:Bullets and Numbering_; that is located cut the same lot as the sign. Sculpted aluminum sign panels andiastic panel signs are allowed to be utilized on Monument Signs. 2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming* Formatted:Bullets and Numbering i traffic when stopped at an exiting drive or at the intersection of two (2J(or more)public treats,.....The..._motorist's..._€'.:e...._is..._assumed..._to..-be.....it....-a....._oint ififteen .i'`...._feet..._frorn..._a ppint determined by the intersecting curb Iines or the edge of the roadway whichever is more stringent. baffle must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. This shall be applied to all public and private approaches affected. See Illustration 2-1. 3) No sign shall be placed in or extend beyond the vertical plane of a property line, public. Formatted:Bullets and Numbering tree_t,,sidc' alk.'a'eme nt orlie-he-of-way. 4) rA monument sign must be separated by at least one hundred (1 t)0') feet from any other. Formatted:Bullets and Numbering monument sign on the same n-o erty,measured along the 1ri<.ht-of-way. 5) Changeable message signs. Monument signs may include a maximum area of thirty-two. ( Formatted:Bullets and Numbering (327) square feet that In. •rpotates changeable messages or lettering. as defined, €n the signs face. Such messages shall not blink, flash. scroll or change more than twelve (12) times per hour,with the exception ot signs that only di±ipjavtlie time and temperature. 6) Street addresses. (fin-premises sib shall di'play the street addresses of the business;' Formatted:Bullets and Numbering ,, location it advertises in numbers at least five (a inches ,h,i.on each nmonurr ens Sinn in legible form within foriv (4W) feet of the nearest public roadway. Such numbers shall 510528-3 27 increase one (1) inch in height for each additional forty (40') feet. or fractional part thereof,the sign is located Boni such roadway and„utilize contrastin ,cc loos Lt ery sign with any type of electrical connection must be listed by a recognized listing- Formatted:Bullets and Numbering agency mwith a Remanent label properly affii ;d, 8) Properties with Single Tenants. Businesses located on individually platted land including Formatted:Bullets and Numbering individual pad sites within a shopping center, apartments, schools, model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the foltowing.re ilations: a. Maximum Display Are allowance is Ninety(90")square feet.; -_ - Formatted:Bullets and Numbering b. Maximum Height is Twelve(12')feet. -- - Formatted Bullets and Numbering C. Maximum Width is Eight(8')feet. - ' Formatted:Bullets and Numbering 91, Properties w ith Multiple Tenant ltilti ie bustn s suns (1b7 3 i) adyertl ing multiple- i Formatted.Bullets and Numbering business in a common centerts)shall observe the following specific rules and regulation as identified in Table WI, in addition to all other regulations herein contained. Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: a. A multiple business sign',shall not he erected, constructed, or' i ainta ned' Formatted Bullets and Numbering within one hundred (100') feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic,street or directional signs. b. There may be more than one (1 multiple business signs on each street- Formatted:Bullets and Numbering frontage. fhe minimum distance between each such multiple business sign sllgllb incompliance the requirements of Table B-1 c. A multiple business center (MBC) with less than one hundred (100') feet of Formatted:Bullets and Numbering street frontage shall he permitted no more than one(1)multiple business sign. c(._14'aximu si e,„`hall be in compliance the t a irements of Table B.-1 - I Formatted:Bullets and Numbering , e. Maximum height shall be in compliance the requirements of fable B-1 - Formatted:Bullets and Numbering --- TABLE INSET B-I Number of Maximum Maximum Display.. Minimum Minimum Tennant Allowable Allowable Area Max Distance Wind Load Spaces* Height Width Between Design Ml3S Speed** 2_4 14 feet 12 feet 128 feet 100 feet 100 MPH I _8' 16 feet 12 feet 160 feet 100 feet 100 MPH I 9-12 19 feet 14 feet 216 feet 300 feet 110 MP H 510528-3 28 I 3-16 25 feet lh feet 320 feet 300 feet I It}MPH * l'he minimum dimension allowance of any business or otherwise tenant space shall not be.less than tthiatvj.>C}'linear feet in width. measured aloti, the display or advertised_frontage of any building, space or structure. In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments thmut:1i adoption by the City of Wylie. **The Minimum Wind Load Design Speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a Professional Structural Engineer legally licensed by the state of Texas B. Fuel Pricing Signs A.,Fuel Pricing Sian must be integral to the permitted sign for the site and shall satisfy the following additional requirements a,,,, I rie I ucl,Pricing,Sign,shal1,onl t reflect the most current price- Formatted:Bullets and Numbering of fuel available far purchase at that location and must be a Monument Sign. b. The pricing display may not scroll. hash, or change more" ' Formatted:Bullets and Numbering fr;querttly than twice a day.; c. The overall sign dimension shall be in compliance with 'able Formatted:Bullets and Numbering I3 1, must comply:„with all other regulation and the„pri,im display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. + ( Formatted:Bullets and Numbering e, Internal illumination may be used for the pricing display. Formatted:Bullets and Numbering F. Changeable' reader board of a manual type may be used if- Formatted Bullets and Numbering proper design is employed to keep the changeable panels safely tit place at the minimum wind load design speeti,.in.r ompl,anc with Tablel3-1 C. Material Regulations All Monument Sigm bases shall be...constructed of the..._same...nraterial..._as the...front building, facade on the same site or shall be coippatible in design with stone Or brick. I tc Sign S ort must be constructed or covered with the same nrasonr material as the principal building,of stone,or_bt ick Sculpted aluminum or plastic. 510528-3 29 iiTr1 ,'rnels will be allowed All siun text and era Mc elements shall be limited to Deleted:All Monument Sips shall be compatible with the colors and materials a minimum of six fn' )inches from the outer limits of thestun structure. of the building that is located on the same lot as the sift.Sculpted aluminum sign panels and plastic panel signs are allowed to be utilized on Monument Sits. D. , Illumination Additional monument sip regulations Monument Siens may be illuminated by a ground li�ehtine. source where the hula areasfoerties A. Properties with Multiple Tenants¶ itself and Supporting structure are screened from the public right-of-way. Ground Shopping centers and office buildings lighting must be of one constant color and not pose a' traffic concern aS with multiple tenants are permitted to i-, Si erect Monument Sgns that comply with . determined by the City of Wylie, Signs:may be back lit using internal li hting, the following regulations:¶ <#>Maxinum size one-hundred fifty , (150)square feel i <#,Maximum height-ten feet(10') measured from grade.¶ <#,Setbacks¶ ''. <#>Fifteen feet(15')from street right-of- way!! <#>Fifteen feet(15')from property lines other than those property lines fronting the street right-of-way.¶ '.. <#>Two-Hundred-Fifty feet(250')from any other Monument Sign on the same property,measured along the right-of- way.¶ 11 <#>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 nonresidential uses located on residentially zoned property are permitted to erect Monument '.. Sims that comply with the following regulations:¶ �� 1I <#>Maximum size—ninety(90)square '.. feetll <#>Maximum height—ten feet(10')11 <#>Setbacks¶ <#-Fifteen feet(I5')from street right-of- way,I <#>Fifteen feet(15')from property lines other than those property lines fronting the street right-of-way.¶ <#>Two-Hundred-Fifty feet(250')from any other monument sign on the same property,measured along the right-of- way.11 <#-,Changeable Message Signs.Signs may include a maximum area of thirty- two(32)square feet that incorporates changeable messages or lettering,as defined,in the sign face.Such messages shall not blink,flash,scroll or change '.. more than once per hour with the exception of sips that only display the time and temperature.¶ C.-Gasoline Pricing Signs¶ <#>Gasoline Pricing Signs reflects 510528-3 30 SECTION 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, hut may lie c:om aarnnantalizeci tcj appear as 2p y pfle grt panel lace assembly, i Deleted: 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. 510528-3 31 2. Institutional Signs may include a reader board, subject to the following limitations: a. Reader board must be integral to the permitted sign for the site; b. Messages on the reader board, whether electronic or manual, may not scroll,flash,or change more frequently than once a day; c. Manual reader boards using movable lettering must have a lockable covering; d. The reader board display cannot exceed two-thirds of the gross sign area per sign face,excluding a Monument Sign border. e. Internal illumination may be utilized for the reader board sign panel. E. Kiosk Signs Kiosk Signs must meet the following regulations: 1. Procedures for Installing a Kiosk Sign a. Kiosk signs may only be installed pursuant to an executed concession contract approved by City Council. This concession contract shall grant a person or company (the "Concessionaire") the right to design, erect, and maintain Kiosk Signs within Wylie and administer the Kiosk program as set forth by that concession contract. b. Once a concession contract is approved by City Council, the Concessionaire shall submit a map, elevations, and any other documentation deemed necessary by city staff, showing the location and design of the proposed Kiosk Signs to the Director of Planning, Building Official, and the Director of Public Works. Upon review of the map, elevations, and any other applicable documentation, the Director of Planning,Building Official, and Director of Public Works shall make a recommendation to City Council as to whether the location and design of the proposed Kiosk Signs should be approved, denied, or modified. c. City Council may approve, deny, or approve with modifications the location and design of the proposed Kiosk Signs as shown on the map, elevations,and other applicable documentation.Modifications include, but are not limited to, modifications to the color of, or materials used in, the sign panels. No party may erect a Kiosk Sign without City Council approval of the location and design of the kiosks. d. The Concessionaire must comply with all permitting requirements set forth in this Ordinance. 2. Location of Kiosk Signs. Although the City Council has the authority to determine where Kiosk Signs may be located, locations must at least meet the following criteria: a. The location of Kiosk Signs must not create traffic hazards. The obstruction of the visibility of motorists, pedestrians, or traffic control signs will constitute a type of traffic hazard.Wylie's Engineering Division 510528-3 32 shall review the location of each proposed Kiosk Sign. A Kiosk Sign shall not be installed if Wylie's Engineering Division determines that the location of the proposed sign would create a traffic hazard. b. The location of Kiosk Signs must not interfere with the general use of and handicap accessibility of sidewalks,walkways,bike,and hiking trails. c. The location of Kiosk Signs must not interfere with any public utilities or be located in a utility easement. d. Kiosk Signs must not be located within a sight visibility triangle. e. Kiosk Signs must not be placed adjacent to a lot with a residential use without the prior written consent of the owner(s) of that lot as shown on the most current tax roles. Proof of prior written consent must be attached to the Concessionaire's permit application. If a residential use is placed on a lot adjacent to a pre-existing Kiosk Sign, no written consent is necessary for that Kiosk Sign to remain. f. A Kiosk Sign must be located at least one-hundred (100) feet from all other Kiosk Signs. g. Kiosk Signs must not be located within a median. h. Kiosk Signs must be located at least five(5)feet from the edge of curb or pavement line,which includes improved surfaces and shoulders. 3. Design of Kiosk Signs. Although City Council has the authority to determine which designs are appropriate, designs must at least meet the following criteria: a. At least one sign panel on each Kiosk Sign must provide directions to a municipal facility or provide information about an upcoming city- sponsored event. b. Kiosk Signs may not exceed twelve(12)feet in height and four(4) feet in width. c. Kiosk Signs must include breakaway design features as required by the Texas Department of Transportation's Sign Mounting Details for Roadside Signs. Break-away fittings must be installed below grade or concealed from public view in another manner approved by City Council through the Building Inspections Department. d. The font and color of the Kiosk Signs must be uniform throughout the entire sign. e. Kiosk signs shall not be illuminated. f. There must be an identification panel at the top of each Kiosk Sign that displays only the name and official logo of the city. g. No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual attention may be attached to Kiosk Signs. 510528-3 33 4. Variances to Kiosk Sign Regulations. No person or party may obtain a variance to the Kiosk Sign procedures or regulations set forth in this Ordinance. 510528-3 34 SECTION 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 and must be related only to the property on which they are located. 6. A Real Estate Sign shall be removed upon the sale or lease of the property. 510528-3 35 C. Promotional Signage Businesses that erect signs under the provisions of this Section shall not display a sign that states "Going out of Business", "Quitting Business" or similar message more than one time.Promotional Signs are subject to the following regulations: 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. 510528-3 36 Page 30:[1]Deleted mike mcannally 06/19/2009 11:04:00 AM 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: Maximum size one-hundred fifty(150) square feet Maximum height - ten feet (10') measured from grade. Setbacks Fifteen feet(15') from street right-of-way. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. Two-Hundred-Fifty feet (250') from any other Monument Sign on the same property, measured along the right-of-way. 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 nonresidential uses located on residentially zoned property are permitted to erect Monument Signs that comply with the following regulations: Maximum size—ninety(90) square feet Maximum height—ten feet (10') Setbacks Fifteen feet(15') from street right-of-way. Fifteen feet (15') from property lines other than those property lines fronting the street right-of-way. Two-Hundred-Fifty feet (250') from any other monument sign on the same property, measured along the right-of-way. Changeable Message Signs. Signs may include a maximum area of thirty-two (32) square feet that incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not blink, flash, scroll or change more than once per hour with the exception of signs that only display the time and temperature. C. Gasoline Pricing Signs Gasoline Pricing Signs reflecting the price of gasoline available for purchase on the premises must be a Monument Sign. The Gasoline Pricing Sign must be integral to the permitted sign for the site, subject to the following limitations: The pricing display may not scroll, flash, or change more frequently than once a day. The pricing display may not exceed two-thirds of the gross sign area per sign face. Only one pricing display is allowed per site. Internal illumination may be used for the pricing display only. Maximum size—ninety(90) square feet Maximum height—ten feet (10') Setbacks Fifteen feet (15') from street right-of-way. 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. Discussion of Highlighted Proposed Sign Changes IT IS ONLY AFTER WEEKS OF RESEARCHING SIGN REQUIREMENTS IN OTHER TEXAS JURISDICTIONS, THE CONSIDERATION OF EXISTING SIGN CONDITIONS IN WYLIE AND THOROUGH LEGAL RESEARCH THAT THIS PROPOSED ORDINANCE IS PRESENTED FOR A COUNCIL WORK SESSION. SECTION 2: DEFINITIONS 4 ADDED Sign Height means the highest elevation of any part of a sign structure measured from the crown of the current or proposed future street improvement as determined by the City of Wylie Engineer of the street or road for which the sign fronts. (Page 11) Sign Sight Triangle interchangeable with Sight Visibility Triangle shall mean the triangle formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines. The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. No sign shall be placed in or above the triangular area created by the motorist's view described by this subsection (see Illustrations 2-1). This will include those areas that may pose a pedestrian safety concern as determined by the City of Wylie. (Page 13) Sign Contractor means a General Contractor. (Page 14) Sign Width means the widest dimension determined by the largest measurement of all supports, projections or any part of a sign structure on any horizontal plane. (Page 14) SECTION 3: ADMINISTRATION (Page 15) FORMATTING &ADDITION OF MINIMUM CONTRACTOR INSURANCE The provisions of this Ordinance shall be administered by the Building Official. A. Permits 1. Permit Required: In addition to the other permitting requirements set forth in this Ordinance, no person shall erect, construct, relocate, alter, repair or maintain any of the following type of signs unless a permit has been issued by the City of Wylie and the fee paid for such erection, construction, relocation, alteration, repair, or maintenance of such sign: a. Awning Signs b. Canopy Signs c. Changeable Message Signs d. Directory Signs e. Institutional Signs f. Menu Board Signs g. Movement Control Signs h. Monument Signs i. Nonconforming Signs (for relocation,alteration, and/or repair only) j. Projecting Signs k. Reader board Signs I. Secondary Signs m. Subdivision Entry Signs L 2. Permit Fees and Sign Contractors. Permit fees are contained in Appendix iiof the Code of Ordinances. A permit may only be issued to a Sign Contractor that carries at least three hundred thousand dollars ($300,000.00) of general liability insurance and provides evidence of such insurance coverage to the Building Official when they submit the permit application. E. Non Conforming Signs (Page 17) INITIALLY REMOVED DUE TO RESET OF 12 MONTH NONCONFORMING STATUS WITH EVERY CHANGE OR ORDINANCE REVISIONS - LANGUAGE PER CITY ATTORNEY ADDITIONS 1. Non conforming signs in the City of Wylie shall be subject to the regulations set forth in the Wylie Building Code, as amended, except as otherwise set forth herein. 2. A 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. A nonconforming sign or supporting structure that is lawfully repaired, reproduced, or renovated as a nonconforming sign may be increased in area or height. 4. A nonconforming sign may be relocated on the same lot or tract of land if(1) 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; and (2) the location for which the nonconforming sign is to be relocated complies with all requirements set forth in the Wylie Code of Ordinances. 5. The material used in the repair, replacement or modification to an existing nonconforming sign must be approved by the City of Wylie Planning Department and the Building Department. Pole or stanchion supports must be designed, modified and constructed to appear as a solid base Monument Sign in accordance with this ordinance. SECTION 4: PROHIBITED SIGNS G. Pole Signs (Page 20) Pole signs and flag poles unless specifically allowed by this Ordinance in Sections 3: E, 6:A. and 10. ADDED REFERENCE TO 3:E-EXISTING NONCONFORMING SECTION 5: EXEMPT SIGNS L. Garage Sale Signs (Page 24) Garage sale signs shall not be erected earlier than two (2) days prior to the sale and must be removed immediately after the sale but in no case longer than one (1) day following the sale. THURSDAY BEFORE AND 6:00 PM SUNDAY AFTER SALE SECTION 6: GENERAL SIGN REGULATIONS A. Flags (Page 26) All flags shall comply with Title 4 U.S. Code, and conform to the following regulations: FEDERAL CODE ADDRESSING PROPER DISPLAY OF U.S. FLAG(S) B. Obscenity (Page 27) No person shall display on any sign any obscene matter as defined by Section 43.32(a) (1), Texas Penal Code, as amended, or any matter soliciting or promoting unlawful conduct. Any sign which contains obscene 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. LANGUAGE PER CITY ATTORNEY REVISIONS IN ACCORDANCE WITH STATE LAW E. Wind Pressure and Dead Load Requirements (Page 28) All signs shall be designed in accordance with all of the following requirements; set forth in Section 8 Table B-1, Building Code Exposure Category C, REFERENCE TO NEW TABLE AND BUILDING CODE WIND DESIGN H. Signs Prohibited On or Over Public Property (Page 28) Except as otherwise provided for in this ordinance,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, except for Projecting Signs in the Downtown Historic District meeting regulations in Section 5.P and Section 8.F in this Ordinance. Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the City in accordance with this Ordinance. COMPLIANCE WITH RELATIVE ZONING AND MONUMENT SIGN REQULATIONS SECTION 7: ATTACHED SIGN REGULATIONS A. Wall Signs (Page 30) 1. Maximum Sign Area Wall signs shall not exceed the following area schedules: a. An attached sign located at a height of twenty-six (26') feet or less is limited to one (1') square foot of sign area for each linear 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. b. An attached sign located above a height of twenty-six (26') feet 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 twenty-six (26') feet measured from the base of the sign. Signs may be increased hereunder to a maximum size of six hundred(600') square feet. PROVIDES FOR TALLER BUILDINGS WALL SURFACE AREA INCREASE B. Signs attached to a Building(s) No portion of any type or style of a sign will be allowed to project above the vertical plane of the exterior wall, parapet, mansard or the fascia panels of a canopy upon which they are attached. PROHIBITS SIGNS ELEVATED ABOVE STRUCTURES TO WHICH ATTACHED H. Electrical Signs (Page 32) Every sign with any type of electrical connection must be recognized by an approved listing agency with a permanent label properly affixed or be designed and assembled by a state licensed Master or Sign Electrician registered with the City of Wylie. An electrical permit and approved inspection are required prior to the erection or attachment to the permanent structure. COMPLIANCE WITH STATE LAW REGULATING LICENSED ELECTRICIANS AND ELECTRICAL WORK SECTION 8: MONUMENT SIGN REGULATIONS (Page 33) A. General Requirements. SECTIONS 8 AND 9 REFLECT THE MOST EXTENSIVE RECOMMENDATIONS FOR ORDINANCE IMPROVEMENT BY FOCUSING ON PUBLIC SAFETY, OWNER INCENTIVE FOR IMPROVEMENT OF SIGN AESTHITICS, ENTICEMENT FOR NEW COMMERCIAL DEVELOPMENT DESIRING PUBLIC VISIBILITY, STANDARDIZATION OF ENFORCEMENT PROGRAM, BUSINESS FRIENDLY ADVERTISING AND EQUALITY OF SIGNAGE ALLOWANCES TO ALL BUSINESSES WITHOUT THE NEED OF SPECIAL CONSIDERATIONS THROUGH P&Z OR CONSTRUCTION CODE BOARD VARIANCES. 1) 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. 2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an exiting drive or at the intersection of two(2) (or more)public streets. The motorist's eye is assumed to be at a point fifteen (15') feet from a point determined by the intersecting curb lines or the edge of the roadway whichever is more stringent. Traffic must be visible for a distance of ten (10) times the speed limit on either side of the vehicle parallel to the intersecting roadway. This shall be applied to all public and private approaches affected. See Illustration 2-1. 3) No sign shall be placed in or extend beyond the vertical plane of a property line, public street, sidewalk, easement or right-of-way. 4) A monument sign must be separated by at least one hundred (100') feet from any other monument sign on the same property,measured along the right-of-way. 5) 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 twelve (12) per hour, with the exception of signs that only display the time and temperature. 6) Street addresses. On-premises signs shall display the street addresses of the business location it advertises in numbers at least five(5) inches high on each monument sign in legible form within forty(40') feet of the nearest public roadway. Such numbers shall increase one (1) inch in height for each additional forty (40') feet, or fractional part thereof, the sign is located from such roadway and utilize contrasting colors) 7) Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent label properly affixed. 8) Properties with Single Tenants. Businesses located on individually platted land including individual pad sites within a shopping center, apartments, schools, model homes and other nonresidential uses located on residentially zoned property are permitted to erect monument signs that comply with the following regulations: a. Maximum Display Area allowance is Ninety(90') square feet. b. Maximum Height is Twelve (12') feet. c. Maximum Width is Eight(8') feet. 9) Properties with Multiple Tenants. Multiple business signs (MBS) advertising multiple business in a common center(s) shall observe the following specific rules and regulations as identified in Table B-1, in addition to all other regulations herein contained. Shopping centers and/or office complexes with multiple tenants are permitted to erect monument signs that comply with the following regulations: a. A multiple business sign shall not be erected, constructed, or maintained within one hundred (100') feet of any other sign except for signs on the buildings of the businesses advertised on the multiple business sign and traffic, street or directional signs. b. There may be more than one(1)multiple business signs on each street frontage. The minimum distance between each such multiple business sign shall be in compliance the requirements of Table B-1. c. A multiple business center (MBC) with less than one hundred (100') feet of street frontage shall be permitted no more than one(1)multiple business sign. d. Maximum size shall be in compliance the requirements of Table B-1. e. Maximum height shall be in compliance the requirements of Table B-1. TABLE INSET B-1 Number of Maximum Maximum Display Area Minimum Minimum Tennant Allowable Allowable Max Distance Wind Load Spaces* Height Width Between MBS Design Speed ** 2-4 14 feet 12 feet 128 feet 100 feet 100 MPH 5-8 16 feet 12 feet 160 feet 100 feet 100 MPH 9-12 I9 feet 14 feet 216 feet 300 feet 110 MPH 13-16 25 feet 16 feet 320 feet 300 feet 110 MPH * The minimum dimension allowance of any business or otherwise tenant space shall not be less than thirty (30') linear feet in width as measured along the display or advertised frontage of any building, space or structure. In no case will this consideration take precedence over any zoning building and/or fire code requirements or amendments through adoption by the City of Wylie. ** The Minimum Wind Load Design Speed shall be designed and engineered to Wind Exposure Category C or better and bear the stamp of a Professional Structural Engineer legally licensed by the state of Texas. B. Fuel Pricing Signs (Page 35) A Fuel Pricing Sign must be integral to the permitted sign for the site and shall satisfy the following additional requirements: a. The Fuel Pricing Sign shall only reflect the most current price of fuel available for purchase at that location and must be a Monument Sign. b. The pricing display may not scroll, flash, or change more frequently than twice a day. c. The overall sign dimension shall be in compliance with Table B-1, must comply with all other regulations and the pricing display may not exceed two-thirds of the gross sign area per sign face. d. Only one pricing display is allowed per site. e. Internal illumination may be used for the pricing display. f. Changeable reader boards of a manual type may be used if proper design is employed to keep the changeable panels safely in place at the minimum wind load design speed in compliance with Table B-1. D. Illumination (Page 35) Monument Signs may be illuminated by a ground lighting source where the light itself and supporting structure are screened from the public right-of-way. Ground lighting must be of one constant color and not pose a traffic concern as determined by the City of Wylie. Signs may be back lit using internal lighting. SECTION 9: OTHER TYPES OF SIGNS This Section provides standards for specific types of permanent signs permitted by this Ordinance. A. Menu Board Signs (Page 36) 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, but may be compartmentalized to appear as only one sign panel face assembly. E. Kiosk Signs (Page 37) I suggest the extraction of Section 9 item e (kiosk) signs from the adopted version of this sign ordinance. Our kiosk program is basically a variation of contract specific requirements and is not conducive for administration under normal the sign permit and enforcement regulations embodied in our sign ordinance. Can we make an independent resolution to govern administration of the kiosk program? 10 X SPEED LIMIT , 7 -/ 0.( 6.16 ,,,,,..._ r'1,-, 1 151 re 1 soot 30 MPH 1fi4---- —350'�_��.._.... ___—____ —_ Wit 4001 40 MPH � � 1 . . . .... . ..... r .. , ______ , _ • , . . .. ...,.,.. .:..... , ,,1 , Imo 1 1' --- 1 H , .11+ ' L . iimmii.,,p____A..:......... ...... . - ./1 -.- -„,:, ®�I,Y uurts, i ,.., . _ ,,■ i I pAIIII '■rip mr,..v `I, E . ( IIII: „,,,,,,,„, . • .[i ".- : .. ■i. 1 —�_���� �I1111I_y( l \ PARKER CI,Y LIMITS / i- . i . .. � _•.„22 im morph ii MEI III t ■M�r-Mnllq■riEl11107-Va.w QIi rail,!' 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