03-30-1989 (City Council) Agenda Packet AGENDA
CALLED MEETING CITY COUNCIL
AND CHAMBER or COMMERCE
CITY or WYLIE, TEXAS
THURSDAY, MARCH 30, 1989
7:00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 17 Discussion of the Sign Ordinance
for the City of Wylie
2 Presentation by the Chamber of
their adopted goals for 1989
3 Adjourn
NOTICE OF A CALLED MEETING
Notice is hereby given that the governing body of the City
of Wylie will meet for a called session on the ,.1(.* day of
WO'S d , 1989 , in the Council Chambers
in the Municipal Complex of Wylie at 2000 Highway 78
North, Wylie, Texas for the purpose of considering
the above Agenda.
Carolyepytnes City Secretary
Posted this the 0,f7 day of C7� 20e 4!
198p. , at /49 (OIL A M.
ORDINANCE NO. 29_4,__
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE ZONING
ORDINANCE, BY REPEALING SECTION 26 AND ORDAINING A NEW
SECTION 26, GOVERNING SIGNS LOCATED OR TO BE LOCATED WITHIN
THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION
AND ISSUANCE OF PERMITS; CONTAINING CONTINUING REGULATORY
PROVISIONS; CONTAINING APPEAL PROVISIONS; CONTAINING
SPECIFIC LIMITATION PROVISIONS; CONTAINING PROHIBITED USE OF
SIGNS; CONTAINING AN PENALTY PROVISIONS; PROVIDING FOR
PUBLICATION AND CONTAINING AN EFFECTIVE DATE:
WHEREAS: The City Council has determined that the sign
provisions of the Zoning Ordinance to be insufficient to
adequately regulate the erection and maintenance of signs
and other advertising materials within the City of Wylie,
and,
WHEREAS: The Planning and Zoning Commission has
recommended the passage and adoption of the following
comprehensive sign ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OR WYLIE, TEXAS:
That Section 26 of Ordinance #81-5 as amended by Ordinance
#85-23A is hereby repealed and a new Section 26 is '_ordained
to read as follows:
ARTICLE I.
DEFINITIONS
SECTION 1. For purposes of this ordinance, the following
definitions shall apply, unless clearly indicated to the
contrary:
Erect. The term "erect " shall mean to build,
construct, attach, hang, place, suspend, or affix, and shall
also include the painting of signs on the exterior surface
of a builiding or structure.
Facing or Surface. The word "facing or surface" shall
mean the surface of the sign upon, against, or through which
the message is displaced or illustrated on the sign.
Gross Surface Area of Sign. The "gross surface area
of a sign" is the entire area within a single continuous
perimeter forming a rectangle enclosing the extreme limits
of each sign. In the event two (2) or more signs share a
single structure, each sign or panel may be considered
separately for square footage purposes, provided that each
sign or panel has no relationship to the ether, except that
the combined footage of such signs cannot exceed the total
square footage allowed for the sign.
Illuminated Sign. The terra " illuminated sign" shall
mean any sign which has characters, letters, figures,
designs or outline illuminated by electric lights, luminous
tubes or other means.
Noncombustible Material. The terra "noncombustible
material " shall mean any material which will not ignite at
or., below a temperature of twelve hundred ( 1200) degrees
Farenhe i t, and will not continue to burn or glow at that
t ernpat ure.
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Sign. The term "sign" shall mean and include every
sign, name, number, identification, description,
announcement, declaration, demonstration, device, display,
flag, banner, pennant, illustration, beacon, light or
insignia, and structure supporting building or outdoor
structure, or erected or maintained upon a service, place,
activity, person, institution, orgainization or business.
Any interior illuminated or moving sign or light which is
visible frcorn the exterior may be determined as being erected
on the exterior of the building or structure.
Sign, Advertisng. An "advertising sign" is any sign
which promotes and advertises commodities or services not
limited to being offered on the premises on which such signs
are located. Restricted to B-1, B-2, I Districts.
Sign, Agricultural. An "agricultural sign" is any
sign identifying the farm or ranch on which it is placed and
advertising the produce, crops, animals or poultry raised or
quartered thereon. R i st r i ct ed to A use District.
Sign, Apartment. An "apartment sign" is any sign
identifying an apartment building or complex of apartment
buildings. Restricted to MF District.
Sign, Construction. A "construction sign" is any
temporary sign identifying the property owner, architect,
contractor, engineer, landscape architect, decorator or
mortgage engaged in the design, construction or improvement
of the premises on which the sign is located. Permitted in
all Districts but limited one ( 1 ) to o a premise.
Sign, Development. A "development sign" is any
temporary on-site promotional ional sign pertaining to the
development of land, construction of buildings, pavement,
water, wastewater or storm sewer facilities and other
apprentices. Remitted in all Districts but limited to use
during the development process.
Sign, Directional. A "directional sign" is any sign
temporarily used in directing traffic to residential section
of the city. Permitted in all Districts.
Sign, Flashing. A "flashing sign" is a sign which has
illumination that is alternately turned on and off at a rate
equivalent to, or greater than, twice an hour, excluding
time and temperature signs.
Sign, General Business. A "general business sign" is
any advertising sign which is used to identify a business,
profession, service, product or activity conducted, sold, or
offered on the premises where such sign is located.
Restricted to R, B-1, B-2 and I Districts.
Sign, Ground. A "ground sign" is any sign which is
erected on a vertical framework consisting of two (2) or
more uprights supported by the ground.
Sign, Identification. An " indentification sign" is
any sign which is used to identify shopping centers,
industrial sites, retail distric:, - and commercial sites.
Restricted to R, B-1, B-2 and I Districts.
Sign, Institutional. An " institutional sign" is any
sign or bulletin board used to identify schools, churches,
hospitals and similar public or quasi-public institutions.
Restricted to the premises occupied by the institution.
Sign, Marquee. A "marquee sign" is any sign erected on
a marquee or fixed awning. Restricted to R, B-1, B-2 and I
Districts.
Sign, Name Plate. A "name plate sign" is any sign
showing only the name and address of the owner or occupant
of the premises on which it is erected or placed. Permitted
in all Districts.
Sign, Obsolete. An "obsolete sign" is any sign which
no longer serves a bona fide use or purpose at a specific
location.
Sign, Parapet Wall. A "parapet wall sign" is any sign
erected on the top surface of a parapet wall. Restricted to
R, B-1, B-2 and I Districts.
Sign, Pole. A "pole sign" is any sign supported by a
single free-standing pole, and having no guys or braces to
the ground or to any structure other than the pole.
Restricted to R, B-i, B-2 and I Districts.
Sign, Projecting. A "projecting sign" is any sign
which projects from a building and which has one end
attached to a building or other permanent structure.
Restricted to R, B-1, B-2 and I Districts.
Sign, Real Estate. A "real estate sign" is any
temporary sign pertaining to the sale or rental of property
and advertising property only for use of which it is legally
zoned. Permitted in all Districts but limited to one ( 1 )
per lot or premise.
Sign, Roof. A "roof sign" is any sign erected on a
vertical framework supported by and located immediately and
entirely over the roof of a building. Restricted R, B-1, B-
2 I Districts.
Sign, Wall. A "wall sign" is any sign erected flat
against a wall, supported by the wall, and having the sign
face parallel to and not more than twelve ( 12) inches from
the wall surface. Neon tubing attached directly to a wall
surface shall be considered a "wall sign". A window sign
shall be considered a wall sign. Restricted to R, B-1, B-2
and I Districts.
Structural Trim. The term "structural trim" shall
mean the molding, battens, cappings, nailing strips,
latticing, and platforms which are attached to the sign
struct ure.
Sign, Government. A "government sign" is any sign
erected by an agency of the United States Government, the
State of Texas, the County of Collin or the City of Wylie.
Permitted in all Districts.
Sign, Political. A "political sign" is any sign intended
to influence the vote of individuals in any election
campaign. Permitted in all Districts but must comply with
(g) and Section 4 (c) .
ARTICLE II.
ADMINISTRATION
SECTION 1. Sign Per Required.
It shall be unlawful for any person to erect, replace,
alter or relocate any sign within the City without first
obtaining a permit to do so from the Building Official,
except as may be hereinafter provided.
SECTION 2. Non-conforming Existing Signs.
Every sign lawfully in existence on the date of passage
of this ordinance may be repaired without applying for a
permit hereunder, but no such sign shall be altered or moved
unless a permit be issued pursant to the provisions of this
ordinance.
SECTION 3. Application for Sign Permit.
Application for a permit required by this ordinance
shall be made upon forms provided by the Building Official,
and shall contain or have attached thereto the following
information:
(a) Sign use classification.
(b) Name, address, and telephone number of the applicant.
(c) Name, address, and telephone number of the owner.
(d) Name, address, and telephone number of the person or
firm erecting the sign.
(e) Location ion of the building, structure, or tract to which
or upon which the sign is to be attached or erected.
(f) Position of the sign in relation to nearby buildings
or structures or ether related signs.
(g) Two (2) copies of plans and specifications showing
materials, methods of construction ion and attachment to the
building or in the ground.
(h) Copy of stress sheets and calculations prepared by a
registered engineer showing that the structure is designed
for dead load and wind pressure from any direction, as may
be required by this ordinance or by the Building Official.
( i ) The zoning classification carried by all property
located within three hundred (300) feet of the property
subject to the application.
(j ) Such ether information as the Building Official may
require to o show full compliance with this ordinance and all
other laws and ordinances of the City and State.
SECTION 4. Exemptions From Application for Permit.
Application for 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) Signs not exceeding eight (8) square feet in area,
which advertise the sale, rental or lease of the premises on
which such signs are located, limited to one such sign on
any one lot or premises.
(b) Name plates not exceeding one ( 1 ) square foot in
area.
(c) Temporary political signs set back at least ten ( 10)
feet from sidewalks.
(d) Bulletin boards not exceeding sixteen ( 16) square feet
in area for public, charitable or religious organizations
when the same are located on the premises of the
institution.
(e) Temporary construction signs, not exceeding three (3)
square feet in area, denoting architect, engineer or
contractor, when placed upon premises under construction.
(f) Occupational signs, not exceeding two (2) square feet
in area, denoting only the name and profession of an
occuapant in a commercial builiding or public institutional
building.
(g) Memorial signs or tablet, names of building and date
of erection, when cut into any masonry surface or when
constructed of bronze or other noncombustible materials.
(h) Flags, emblems and insignia of any governmental body
and decorative displays for holidays or public
demonstrations which do not contain advertising and are not
used as such.
( i ) On-site directional signs not exceeding eight (8)
square feet, provided such directional signs do not contain
advertising and are not used as such.
(j ) Traffic or Wither- governmental signs, legal notices,
railroad crossing signs, danger, and such emergency,
temporary or nonadvertising signs as may be approved by the
City Manager or his authorized representative.
SECTION 5. Signs Requiring Electrical Inspection.
Every sign utilizing electrical apparatus or
electricity shall comply with the City Electrical Code.
SECTION 6. Fees.
Every applicant, before being granted a permit
hereunder, shall pay to the City of Wylie a fee as set forth
in the City of Wylie Fee Ordinance for processing and
issuing such permit plus the electrical permit fee for
inspection and certificate.
SECTION 7. Issuance of Permit.
Providing that the Applicant has complied with all
provisions of this ordinance, and that the proposed sign
complies with all provisions of this ordinance, the Building
Official shall issue the sign permit to the Applicant.
SECTION 8. Not to Issue to Persons Previously Failing to
Pay Fees.
The Building Official shall not issue a permit under
the provisions of this ordinance to any person who has
previously failed or refused to pay any fees or costs
assessed against him under the provisions of this ordinance
or under the provisions of any other ordinance or the Fee
Ordinance of the City of Wylie.
SECTION 9. Permit Valid Only for Sixty (60) Days.
If the work authorized by a permit issued under this
di'; Licr has not been commenced within sixty (60) days
the date of issuance, the permit shall become null and void.
SECTION 10. Permit Revocable.
The Building Official may suspend or revoke any permit
issued under the provisions of this ordinance whenever he
shall determine that the permit is issued in error or on the
basis of incorrect or false information supplied, or
whenever such permit be issued in violation of any of the
provisions of this ordinance or any other ordinance of this
City or laws of the State of Texas or Federal Government.
Such suspension revocation shall be effective when
communicated in writing to the person to whom the permit is
issued, the owner of the sign or the owner of the premises
upon which the sign is located.
SECTION 11. Inspection.
The Building Official shall inspect annually, or at
such other times as he deems necessary, each sign regulated
by this ordinance for the purpose of ascertaining whether
the same is secure or insecure, whether it still serves a
useful purpose and whether it is in need of removal or
repair.
SECTION 12. Removal of Obsolete Signs.
Any sign which the Building Official determines no
longer serves a bona fide use conforming to this ordinance,
shall be removed by the owner, agent or person having the
beneficial use of the land, building or structure upon which
such sign is located within ten ( 10) days after written
nctifiction to do soy from the Building Official. It shall
be unlawful for any person, firm or corporation receiving
such written notice to fail to comply with the direction of
the notice, and in the event fai lure to comply with such
notice, the building inspector is hereby authorized to cause
removal of such sign, and any expense incident thereto shall
be paid by the owner of the land, building or structure to
which such sign is attached or upon which it is erected,
such removal is not positive defense for failure to comply
with the written directive.
SECTION 13. Removal or Repair of Unsafe Signs.
If the Building Official shall determine that any sign
is unsafe or insecure, or is a menace to the public, he
shall give written notice of the person or persons
responsible for such sign. If the permittee, owner, agent
or person having the benenficial use of the premises fails
to remove or repair, the sign within ten ( 10) days after
written notification to do so from the Building Official, it•
shall be unlawful for it any person, firm or corporation
receiving such written notice to fail to comply with the
direction of the notice, and in the event of failure to
comply with such notice, the building inspector is hereby
authorized to cause removal of such sign, and any expense
incident thereto shall be paid by the owner of the land,
building or structure to which such sign is attached or upon
which it is erected, such removal is not a positive defense
for failure to comply with written directive.
The Building Official may cause arty sign wiii`h is an
immediate peril to persons or property to be removed
summarily and without notice.
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SECTION 14. Sign Board of Appeals.
Upon proper application thereto the Zoning Board of
Adjustments and Appeals shall have the power to grant
variances from the provisions of this section if it appears
that the provisions would work a manifest injustice, and in
making such determination the Board shall consider such
factors as the type of sign, location, existence of signs in
the general area, and such other factors as they deem
pertinent. No variance shall be granted by the Board if the
same conflicts with the spirit of this ordinance, which is
one of providing public safety, adequate lighting
provisions, open space and air, conservation of land,
protection of property values, and encouraging the highest
and best use of the land.
In considering the requests for variation to
requirements of this Ordinance the Board shall consider, but
not limited to, the degree of variance, the reason for the
variance requested, the location of the variance request,
the durat ic'n of the requested variance, the effect an public
safety, protection of neighborhood property, the degree of
hardship or injustice involved, and the effect of the
variance on the general plan of regulating signs within the
City. The decision of the Board of Appeals shall be final.
ARTICLE III.
SPECIFIC LIMITATION PROVISIONS
SECTION 1. General Sign Provisions.
All signs located or to be located within the City of
Wylie shall conform to the general provisions set forth in
TABLE I, entitled "General Provisions".
SECTION 2. Additional Requirements for Attached Signs
(a) Roof Signs. Roof signs shall be an integral part of
the architectural design of the building and shall be
constructed of noncombustible materials, except melding and
trim. Such signs shall not exceed fifteen ( 15) feet in
height measured from the uppermost part of the sign to the
surface of the roof immediately below. Nor shall any roof
sign exceed the height limit for building fixed by the
Zoning Ordinance of the City of Wylie. Such sign shall not
exceed one hundred twenty-eight ( 128) square feet in area,
and only one ( 1 ) sign shall be allowed per building
structure.
No part of any roof sign shall be located within six
(6) feet of any outside wall nor within seven (7) feet of
the surface of the roof immediately below. All metallic
parts shall be grounded for protection on againist lightning.
Roof signs erected an pitched roofs shall not be higher
than three (3) feet above the roof immediately below, nor
less than one ( 1 ) foot above the roof immediately below.
(b) Projecting Signs. The horizontal zontal portion of any
projection sign shall not be more than six feet six inches
(6' 6" ) in length measured from the building face and shall
not be closer than two (2) feet from ;.e back of the curb
line. The height of the sign shall not exceed two (2) feet.
Such signs shall be an integral part of the architectural
design of the building. Vertical clearance shall be subject
to the requirements of paragraphs (e) and (f) of this
Section.
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(c) Marquee Signs. Marquee signs erected on the face of
a marquee shall be built as an integral part of the marquee
and shall be constructed of noncombustible material. Such
signs shall not exceed forty (40) square feet or the product
of two (2) times the lineal footage of the building store
frontage for which such sign is intended, whichever is
greater. Such signs shall not have a vertical height of
more than six (6) feet nor exceed seventy-five (75) percent
of the width of such building or store frontage. Further,
the height shall not exceed the building roof line by more
than four (4) feet. Vertical clearance shall be subject to
the requirements of paragraphs (e) and (f) of this Section.
(d) Wall Signs. Wall signs shall not exceed forty (40)
square feet or the product of two (2) times the lineal
footage of the building or store frontage for which such
signs are intended, whichever is greater. Such signs shall
not have a vertical height of more than six (6) feet nor
exceed seventy-five (75) percent of the width of such
building or store frontage. Vertical clearance shall be
subject to the requirements of paragraphs (e) and (f) of
this Section.
(e) Project ion Over Public Property. If the vertical
clearance above the surface is less than eight (8) feet, no
projection is permitted. If the vertical clearance above
the surface exceeds eight (8) feet, a projection is
permitted for each inch of clearance over and above the
required eight (8) feet, provided that no projection shall
exceed four (4) feet or one-third ( 1/3) the width of the
sidewalk below, whichever is less.
(f) Projection Over Private Property. Projection ion of sign
over private property shall be allowed over pedestrain
sidewalks, walkways and corridors but not to exceed the
following :
Vertical Clearance Max. Projection
7' or less 3 inches
7' or 8' 12 inches
8' or more 4 feet
(g) No sign of any nat ure other than Governmental signs
shall be placed on any right of way within the City, the
existence of a sign on a Public right-a-way or utility pole
within the city shall be considered prima facie evidence,
rebuttable as in other cases, that such sign was placed by
or under the direction of the person, firm or organization
advertising thereon.
EXCEPTION-Directional signs, in residential areas, will be
permitted in the right of way between the hours of 12:00
noon on Friday until 12:00 noon on Monday with the following
limitations;
They shall be placed only `r ant of vacant lots, only one
sign for each builder and/or developer at each location ion and
each sign of an individual builder and/or developer shall be
separated by a minimum of sixty (6O) feet , in ether than
residential areas the stipulation concerning vacant lots
does not apply, however all other restrictions apply.
SECTION 3. Freestanding Identification Signs and General
Business Signs in "R, B-1, B-2 and Ind" Districts.
( 1 ) The entire sign must be located a minimum of eight
(8) feet behind the property line.
(2) Any projecting or overhanging portion of the sign
must be a minimum of ten ( 10) feet above any walkway and
fourteen ( 14) feet above driveways.
(3) Maximum height above grade of an identification
sign is thirty-five (35) feet ; maximum height above grade of
general business sign is twenty (20) feet.
(4) Maximum area for general business pole or ground
signs is sixty (60) square feet and maximum area for
identification pole or ground signs is one hundred twenty-
eight ( 128) square feet.
(5) Such signs shall be located a minimum of thirty
(30) feet from adjoining private property lines and a
minimum of sixty (60) feet from any other free standing
sign.
(6) Such signs in "R, B-1, B-2 and I " Districts shall
be constructed of materials that are noncombustible or slow
burning in the case of plastic inserts and faces. Such
signs are to be supported by noncombustible supports
finished in a presentable manner (wood other than treated or
unfinished steel not allowed) .
(7) No advertising matter shall be displayed on or
attached to any free standing sign. No guys, braces,
attachments, banners, flags, or similar devices shall be
attached to any sign.
(8) Such signs shall be protected by wheel or bumper
guards when required by the Building Official.
(9) For Retail and Commercial sites upon which multiple
use signs are desired in excess of the above stated
limitations, a sign plan for the site may be submitted to
the Board of Appeals for consideration as variance of this
Ordinance.
SECTION 4. Advertising Signs.
Advertising signs shall not exceed four hundred (400)
square feet where legal speed limits are in excess of 50
m. p. h. and shall not exceed one hundred twenty-eight ( 128)
square feet where legal speed 1 imits are 50 m. p. h. or less.
SECTION 5. Temporary Signs.
(a) Temporary directional signs are to be used for t h e
exclusive purpose of directing traffic to residential
sections of the city. Such signs shall bear only the name
of such sections and the directional arrow. Permits for
directional signs shall be granted for a period of time not
to exceed six (6) months, at the expiration of which time,
renewal applications must be filed.
(b) Temporary subdivision development signs and "for sale"
signs of undeveloped tracts may be erected, provided such
signs relate only to the property on which they are located.
Each such subdi isi _ under development may have one ( 1 )
such sign not to exceed one hundred fifty ( 150) square feet
in area. Subdivision developments greater than fifty (50)
acres in size may have additional signs of the same size on
the ratio of one ( 1 ) sign for each thirty (30) acres in
excess of the base fifty (50) acres.
9
•
SECTION 6. Date of Erection, Permit Number and Voltage
to be Displayed.
Every sign erected after the passage of this ordiance
shall have displayed in a conspicuous place thereon, in
letters not less than one ( 1) inch in height, the date of
erection, the number of the permit issued under this
ordinance and the voltage of any electrical apparatus used
in connection therewith.
SECTION 7. Wind Pressure and Dead Load Requirements.
All signs shall be designed and constructed to
withstand a wind pressure of not less than thirty (30)
pounds per square foot of area, and shall be constructed to
receive dead leads as required by the Building Cade of the
City of Wylie.
SECTION 8. Maintenance of Signs.
All signs and supports shall be maintained in good
condition to prevent deterioration, oxidation, rust and
other unsightly conditions.
ARTICLE IV.
PROHIBITED SIGNS
SECTION 1. Obscene, Indecent and Immoral Matter.
It shall be unlawful for any person to display upon any
sign any obscene, indecent or immoral matter.
SECTION 2. Obstruction Doors, Windows or Fire Escapes.
It shall be unlawful to erect, relocate or maintain a
sign to prevent free ingress to i or egress from any door,
window or fire escape.
SECTION 3. Attachment to Standpipe or Fire Escape.
It shall be unlawful to attach any sign to a standpipe
or fire escape.
SECTION 4. Interference with Traffic.
It shall be unlawful to erect. relocate or maintain any
sign in such a manner as to obstruct free and clear vision
at any location where, by reason of position, size,
movement, shape, color, flashing, manner or intensity of
f
illumination, such sign may interfere with vehicular or
pedestrian traffic. Further, it shall be unlawful to erect
or maintain any sign in such a manner as to interfere with,
obstruct the view of, or be confused with any authorized
traffic sign, signal or devise. Accordingly, no sign shall
make use of the words "Stop", "Go", "Look",ok", "Slaw",
"Danger", or any other sirni lar word, phrase, symbol, or
character or employ any red, yellow, orange, green or other
colored lamp or light in such a manner as to cause confusion
to, or otherwise interfere with, vehicular or pedestrian
traffic.
SECTION 5. Mobile or Portable Signs.
(a) It shall be unlawful to attach any sign to a trailer,
skid, or similar mobile struct ure, where the primary use of
such structure is to o provide a base for such sign or
constitute the sign itself. This provision does not
restrict the identification signs on vehicles used for any
bona fide transportation activity.
/D
(b) Signs attached to or upon any vehicle shall be
prohibited where any such vehicle is allowed to remain
parked in the same location, or in the same vicintiy, at
frequent or extended periods of time, where the intent is
apparent to be one of using the vehicle and signs for
purposes of advertising an establishment, service, or
product. Vehicles operating under a City franchise shall be
excluded from this provision.
(c) A-Frame signs and sandwich-board signs are prohibited
and unlawful.
SECTION 6. Advertising Matter Placed on or Suspended from
Buildings, Poles, Sidewalks, ect.
(a) No o person shall place on, or suspend from, any
building, 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 ordinance.
(b) No cloth, paper, banner, flag, device, or other
similar advertising matter shall be permitted to be attached
to, suspended from, or be allowed to hang from any sign,
building or structure, when the same shall create a public
menace or danger.
SECTION 7. Painting, Marking, etc. , Street, Sidewalks,
Utility Poles, etc.
No person shall attach any sign, paper or other
material or paint, stencil or write any name, number (except
house numbers) or otherwise mark on any sidewalk, curb,
gutter, street, utility pale, public buildings, fence or
structure except as otherwise allowed by ordinance.
SECTION 8. Attaching Advertising Matter to Fences,
Utility Poles, etc. , and Scattering,
Advertising Matter on Streets and Sidewalks.
(a) No person, firm, corporation, or association of
persons, shall paste, stick, tack, nail or otherwise place,
any advertisement handbill, placard, or printed, pictured,
or written matter or thing for political advertising or
other advertising purposes upon any fence, railing, side
walk, or public telephone facility, elelctric 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.
(b) • It shall also be unlawful for any person to scatter or
throw any handbill, circulars, cards, tear sheets or any
other advertising device of any decri pt ion, along or upon
any street or sidewalk in the City of Wylie.
SECTION_'3_ Pole or Ground Signs Prohibited on or Over
Public Property.
y.
No portion of any pole or ground sign shall erected
upon or over public property, unless the same be erected by
the City, or with the permission of the City, for public
purposes.
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SECTION 10. Certain Illuminated Signs Prohibited.
No sign shall be illuminated to such an intensity or in
such a manner, as to cause glare or brightness to a degree
that it constitutes a hazard or nuisance. Moving, flashing,
intermittently lighted, changing color, beacons, revolving
or similarly constructed signs shall not be allowed. Jump
clocks showing time, temperature, and similar data may be
allowed.
No lighted sign shall be erected within one hundred and
fifty ( 150) feet of a residential district unless the
lighting is shielded from view of the residential district.
SECTION 11. Balloons and other Floating Devices Used for
Advertising Purposes.
No person shall erect, maintain or permit the erection
of, for advertising purposes, any balloon or other floating
device anchored to the ground or to any other structure
within the City of Wylie.
ARTICLE V.
PENALTY PROVISIONS
SECTION 1. Persons Responsible.
The permittee, owner, agent, person or persons having
the beneficial use of the ground or a sign, the owner of the
land or structure can which the sign is located, and the
person in charge of erecting the sign are all subject to the
provisions of this ordinance and are subject to the penalty
provided for violations of this ordinance individually.
SECTION 2. Penalty for Violation of this Ordinance.
Any person, firm or corporation who violates any
provision of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof in the Municipal
Court, shall be subject to a fine of not more than the
maximum permitted by State Law for each offense, and each
and every day that the violation on of the ordinance is
continued shall constitute a separate offense.
ARTICLE VI.
CONFLICTING ORDINANCES
If any portion on of this ordinance shall conflict with
arty portion or all of an existing ordinances of the City of
Wylie not specifically repealed herein, the City Council
l
hereby declared that this curdiance shall prevail and that it
is hereby attempting to repeal any conflicting provisions of
any existing ordinance of the City.
ARTICLE VII.
PRESERVING RIGHTS AND VIOLATIONS UNDER EXISTING ORDINANCES
By the passage of this Ordinance, no o presently illegal
use of signs shall be deemed to have been legalized, and no
offense committed, and no liability, penalty or forfeiture,
either civil or criminal , incurred prier to ::e time
existing sign ordinances or regulations were repealed :and
this ordinance adopted, shall be discharged or affected by
such repeal ; but prosecutions ions and suits for such offenses,
liabilities, penalties or forfeitures may be instituted, or
causes presently pending proceeded with, in all respects as
if such prior ordinance, or portion of such curd i ance, had
not been repealed.
/Q,
ARTICLE VIII.
SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 1. Severability Clause.
If any section, sub-section, sentence, phrase, word,
paragraph, or previsions of this Ordinance or the
application of that section, sub-section, sentence, phrase,
word, paragraph, or provision to any person, firm,
corporation, situation or circumstance is for any reason
adjudged invalid, the adjudication shall not affect any
other sect ion, sentence, phrase, word, paragraph or
provision of this ordinance or the application of any other
section, sentence, phrase, word, paragraph, or provision to
any other person, firm, corporation, situation or
circumstance, nor shall adjudication affect any other
sect ion, sentence, phrase, word, paragraph or provision of
the Code of Ordinances of the City of Wylie, Texas. The
City Council declares that it would have adapted the valid
portions and applications of this ordinance without the
invalid part, and to o this end the provisions for this
ordinance are declared to be severable.
SECTION 2. Publication.
The caption of this ordinance shall be published one
time in a newspaper of general circulation.
Win.
SECTION 3. Effective Date.
This ordinance shall take effect immmediately upon the
publication of the caption of this ordinance in a newspaper
of general circulation as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, THIS ,< 7 42 DAY
7-; ),a4L.-(14/41 , 1987.
Chuck Trimble, Mayor
ATTEST: ttttO Fes;,y
Carol Jone , i t y Secretary it===L
SEAL
Oss
``'"`om u E.
000�
ORDINANCE NO. I r.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE
87-2 BY AMENDING ARTICLE IV, SECTION 6 (b) SO THAT NO CLOTH,
PAPER, BANNER, FLAG, DEVICE, OR OTHER SIMILAR ADVERTISING
MATTER SHALL BE PERMITTED TO BE ATTACHED TO, SUSPENDED FROM,
OR BE ALLOWED TO HANG FROM ANY SIGN, BUILDING OR STRUCTURE,
WHEN THE SAME SHALL CREATE A PUBLIC MENACE OR DANGER.
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR
EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS; the City Council has determined that the
requirements of Ordinance 87-2, Article IV, Section 6 (b)
are not consistent with the Councils desire to regulate the
erection and maintenance of signs and other advertising
materials within the City of Wylie;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, that
SECTION 1.
Ordinance 87-2, Article IV, Section 6 (b) is hereby amended
by deleting the words, " when the same shall create a public
menace or danger" so that Article IV, Section 6 (b) reads
as follows:
ARTICLE IV
PROHIBITED SIGNS
SECTION 6. Advertising Matter Placed on or Suspended
from Buildings, Poles, Sidewalks, etc.
(b) No cloth, paper, banner, flag, device, or other similar
advertising matter shall be permitted to be attached to,
suspended from, or be allowed to hang from any sign,
building or structure, except for one period not to exceed
three weeks, one time during each calendar year.
SECTION 2.
That all ordinances of the City in conflict with the
provisions of this ordinance be, and the same are hereby,
repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3.
Should any paragraph, sentence, subdivision, clause, phrase
or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part
of provision thereof other than the part so decided to be
invalid, illegal or unconstitutional and shall not affect
the validity of the remaining portions of this ordinance.
SECTION 4.
Any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to a
•
fine not to exceed the sum of Two Hundred Dollars ($200. 00)
for each offense, and each day such violation shall continue
to exist shall constitute a separate offense.
SECTION 5.
This ordinance shall take effect immediately from and after
its passage and publication of its caption, as the law in
such cases provides.
DULY PASSEDbx. the City Cour i 1 �f the City of Wylie, Texas,
this the _ r__ day of _ , 1987.
Chuck Trimble, Mayor
ATTEST: �y OF
•
Carolyn o es, y Secretary
SEAL
g
�1�t►
(3
ORDINANCE NO. in- / 7
BEING AND ORDINANCE OF ?HE CITY OF WYLIE, A
HOME RULE POLITICAL SUBDIVISION OF THE STATE
OF TEXAS, AMENDING ORDINANCE 87-2 ARTICLE 1
SECTION 1 BY ADDING THERE TO A NEW DEFINITION
FOR PORTABLE SIGNS AND BY ADDING TO ARTICLE
IV SECTION 5 A NEW PARAGRAPH (D) PROHIBITING
SUCH AND DECLARING AN EXCEPTION. PROVIDING
FOR A REPEALING CLAUSE, PROVIDING
SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR
VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($508 .80) FOR
EACH OFFENSE; AND DECLARING AN EFFECTIVE
DATE:
WHEREAS The City of Council has determined that
"portable signs" are a source of distraction
to motorists and because of the portability
of such signs they can easily and rapidly be
move to a point which would create a greater
distraction to motorist and:
WHEREAS The Council is desirous of eliminating and
removing those, terms which could cause a
motorist to be distracted there for :
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF COUNCIL OF
THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT:
SECTION 1 That Ordinance 87-2 Article 1 Section 1 be
amended by adding there to a new definition
such addition to read as follows:
Portable Sign : Portable signs are those which
which are constructed off site and are not
rigidly affixed or attached to the ground or
to a permanent building or structure and
shall include any sign originally designed to
be easily moved from place to place whether
rigidly attached to the ground or permanent
structure or not .
SECTION 2 That Ordinance 87-2 Article IV Section 5 be
amended by adding there to a new paragraph
(d) to read as follows :
(D) From and after the effective date of this
ordinance "Portable Signs" as defined here in
are prohibited.
Exception - Those signs in existance on the
effective date of this Amendment shall be
permitted to remain in use for a period of
six months. At the expiration of this six
months period such signs shall be removed ,
any such sign not removed shall be considered
in violation of this Ordinance.
SECTION 3 REPEALING CLAUSE - That all ordinances of the
City in conflict with the provisions of this
ordinance be, and the same are hereby,
repealed and all other ordinances of the City
not in conflict with the provisions of this
ordinance shall remain in full force and
effect .
1
SECTION 4 SEVERABILITY CLAUSE - Should any paragraph,
sentence, subdivision, clause, phrase or
section of this ordinance be adjudged or held
to be unconstitutional , illegal or invalid,
the same shall not affect the validity of
this ordinance as a whole or any part or
provision thereof other than the part so
decided to be invalid, illegal or
unconstitutional and shall not affect the
validity of the remaining portions of this
ordinance.
SECTION 5 PENALTY - Any person firm or corporation
violating any of the provisions or terms of
this ordinance shall be subject to a fine not
to exceed the sum of Five Hundred Dollars
($500 .00 ) for each offense , and each day such
violation shall continue to exist shall
constitute a separate offense.
SECTION 6 PUBLICATION CLAUSE - That ordinance shall
take effect immediately from and after its
passage and publication of its caption, as
the law in such cases provides.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THIS / i-6 DAY OF '1988 .
Chuck Trimble, Mayor
ATTEST: 00 iFmmrm
c-f4{4,
Carolyrne ', City Secretafy
a S 'L
ma's
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. E S
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