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04-13-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL April 13, 1993 7:0s0 P.M. MUNICIPAL COMPLEX Call to Order Invocation - Mona Bailey, Corinth Presbyterian 1. Discuss and Consider a Resolution Declaring April 18th through April 24th as National Library Week Public Hearings 2. Hold Public Hearing and Consider Amending the Zoning Ordinance Regarding Sign Regulations 3. Hold Public Hearing and Consider Amending the Zoning Ordinance Regarding Sexually Oriented Businesses 4. Hold Public Hearing and Consider Amending the Zoning Ordinance Regarding Private Clubs 5. Hold Public Hearing and Consider Amending the Zoning Ordinance Regarding Outside Storage 6. Hold Public Hearing and Consider Amending the Zoning Ordinance Regarding Masonry Requirements 7. Hold Public Hearing Regarding Amending the Zoning Ordinance Zoning and Platting Requirements * (2-7) Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance as Proposed in Agenda Items 2 through 7 Action Items 8. Discuss and Consider Approval of an Ordinance Amending Speed Limits on E. Brown and N. Ballard streets 9. Discuss and Consider Approval of an Ordinance Adopting Requirements for Clean Up of Hazardous Waste Spills 10. Discuss and Consider Approval of an Agreement with Collin County Community Supervision and Corrections Department 11. Discuss and Consider Authorizing Refund of Tax Overpayment 12. Discuss Proposed Appointment of Health Officer and Take Any Necessary Action Adjournment Posted this the 9th day of April, 1993 Mary Nic is Z Secretary City of Wylie AGENDA COMMUNICATION SUBMITTED BY: P1 arming and Zoning re DIRECTOR: Mi rhaal S' 1vw dt 0 DATE REFERENCE NO. SUBJECT April 8, 1993 Amend the Sign Ordinance. SUMMARY OF SUBJECT: For the City Council to amend Chapter 12, Section 26, Sign Ordinance, of the Wylie Code of Ordinances. The proposing updated Sign Ordinance will be more comprehensive than the current one; and will also provide removal of off premise advertising as well as a moratorium on bill boards. ALTERNATIVES: 1. To approve Chapter 12, Section 26 as amended. 2. To deny the request. ACTION REQUESTED: To approve to amend Chapter 12, Section 26, of the Wylie Code of Ordinances, Sign Ordinance, as submitted by the Planning and Zoning Commission. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS 0 ONE-TIME 0 • $ CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: x BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS _____ OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC g BUILDINGOFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER M E M O R A N D ICJ M TO: CITY COUNCIL MEMBERS FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: MARCH 31, 1993 SUBJECT: PLANNING AND ZONING COMMISSION APPROVED TO GO TO CITY COUNCIL THE AMENDED SIGN ORDINANCE UPDATE I am proposing an updated sign ordinance which is more comprehensive then the current one. Some of the things I wish to accomplish are: 1) Prohibit any new billboards 2) Cause signs that are off premises to be removed 3) Generally clean up the sign pollution within the City. CHAPTER 12 SECTION 26 SIGN REGULATIONS For the purposes of this section the following definitions shall apply, unless otherwise indicated to the contrary. Awning. An architectural projection which 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. A temporary sign made of cloth, canvas or other light fabric. Canopy. A canopy is 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 and is open on two or more sides. Dilapidated or Deteriorated Condition. Dilapidated or deteriorated condition shall mean 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 members are visibly bent, broken, dented, or torn; or (c) Where the panel is visibly cracked or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or (d) 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 (e) Where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions. (f) Where the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the Uniform Building Code currently adopted by the City. Erect. The term "erect" shall meant 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. Flag. 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. 1 Facing or Surface. The word "facing" or "surface" shall mean the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. Gross Surface Area of Sign. The "gross surface area of a sign" is the actual area of a face of the sign, unless the sign is not of a regular (square, rectangle, triangle, circle) shape. In the case of an irregular 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 (2) 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. Illuminated Sign. The term "illuminated sign" shall mean 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 nighttime viewing of, the subject matter on the sign face. Incombustible Material. The term "incombustible material" shall mean any material which will not ignite at or below a temperature of twelve hundred (1,200) degrees Fahrenheit, and will not continue to burn or glow at that temperature. Logo. A "logo" is any design or insignia of a company or product which is commonly used in advertising to identify that company or product. Non-structural Trim. The term "non-structural trim" shall mean the retainer, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure. Pennant. 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. Premise. Any parcel of real property, together with all buildings and structures thereon. Searchlight. An apparatus capable of projecting a beam or beams of light in excess of two (2) million peak candlepower or 250,000 lumen. Sign. A "sign" is any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter. A sign may include but is not limited to any device, display, flag, banner, pennant, beacon, insignia, name, number, identification, illuminated translucent panel, or any other medium which is determined to be a sign. Sign, Advertising. An "advertising sign" is any sign which promotes or advertises commodities or services not limited to being offered on the premises on which such signs are located. Advertising signs may be designed to provide a changeable copy area. Sign, Agricultural. An "agricultural sign" is any sign advertising options, features, or conveniences offered by a business and installed in a manner considered temporary by the enforcing authority. 2 Sign, Amenity. An "amenity sign" is any sign advertising options, features, or conveniences offered by a business and installed in a manner considered temporary by the enforcing authority. Sign, Apartment. An "apartment sign" is any sign identifying an apartment building or complex of apartment buildings. Sign, Awning. An "awning sign" is any awning displaying a business name or logo. Sign, Billboard. A "billboard sign" is any pole sign having a face exceeding one hundred (100) square feet, and which promotes or advertises commodities or services available at a location other than where the sign is located and shall include those signs whose message space is available for lease, rent, or hire. Sign, Construction. A "construction sign" is any temporary sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. Sign, Development. A "development sign" is any temporary, on-site promotional sign pertaining to the development of land or construction of buildings. In residential districts, the intent of the sign shall be to promote the subdivision and shall not display the name of any builder. Sign, Directory. A "directory sign" is any sign listing the occupants within shopping centers, industrial sites, retail districts, office districts, and commercial sites. Sign, Garage Sale. A "garage sale sign" is any temporary, on-site promotional sign for the sale of personal household goods in a residential zoning district or on the property of a non-profit organization. Sign, General Business. A "general business sign" is any 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. Sign, Ground (Temporary) . A "temporary ground sign" is any sign which has a display surface comprised of non-permanent letters which allows a change of copy by adding or removing letters and is temporarily fixed to a vertical framework consisting of uprights and which is designed to be readily moved from site to site. Sign, Identification. An "identification sign" is any sign which is used to identify shopping centers, industrial sites, retail districts and commercial sites. Sign, Inflatable. An "inflatable sign" is any hollow sign expanded or enlarged by the use of air or gas. Sign, Institutional. An "institutional sign" is any sign used to identify schools, churches, hospitals and similar public or quasi-public institutions. Sign, Marquee. A "marquee sign" is any permanent structure which is attached to and supported by a building and which projects outward from the building. 3 Sign, Monument. A "monument sign" is any sign mounted to a solid base support at ground level. Sign, Multi-Purpose. A "multi-purpose sign" is an identification sign combined with either of the following: (a) a directory sign and/or (b) a reader board sign Sign, Model Home. A "model home sign" is any temporary sign identifying a new home, either furnished or unfurnished, as being the builder or contractor's model open to the public for inspection. Sign, Municipally Owned. A "municipally owned" sign is any sign which identifies a park, entrance to the City, place of interest within the City, and City-sponsored event, or any municipally owned facility. A municipally owned sign does not include traffic or street identification signs. Sign, Obsolete. An "obsolete sign" is any sign which no longer serves a bona fide use or purpose. Sign, Pole. A "pole sign" is any sign which is erected on a vertical framework consisting of one (1) or more uprights supported by the ground. Sign, Political. A "political sign" is any sign promoting a political issue or a particular candidate for public office. Sigh, Portable. A "portable sign" is any sign which is not permanently attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids and similar mobile structures. Sign, Projecting. A "projecting sign" is any sign, except an awning, which projects perpendicularly from a building and which has one end attached to a building or other permanent structure. Sign, Reader Board. A "reader board sign" is any sign comprised of changeable letters which allows a change of sign copy by adding or removing letters. The sign copy shall conform to the category use of the sign allowed by this Ordinance. Sign, Real Estate. A "real estate sign" is any temporary sign pertaining to the sale or rental of property and advertising property only for the use for which it is legally zoned. Sign, Roof. A "roof sign" is any sign erected upon or above a roof or parapet of a building or structure. Sign, Subdivision Entry. A "subdivision entry sign" is any free- standing sign identifying a residential subdivision and located on site. Sign, Subdivision Wall Plaque. A "subdivision wall plaque" is any sign attached to an approved masonry screening wall. Sign, V-Shaped. A "V-shaped sign" is any free-standing sign constructed of two (2) panels in the form of a V, when seen from above, with a maximum angle between the panels of forty-five (45) degrees. 4 Sign, Wall. A "wall sign" is any sign erected flat against an exterior 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" 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, Window. A "window sign" is any sign, banner, poster, or display located on the internal surface of the window of any establishment which advertises services, products or sales available within said establishment or which announces opening of said establishment. Sign Setback. Sign setback shall be 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. Sight Visibility Triangle. Where one street intersects with another, the "sight visibility triangle" is the triangular area formed by extending two curb lines a distance of forty-five (45) feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines a distance of thirty (30) feet from their point of intersection, and connecting these points with an imaginary line, thereby making a triangle. Where a street intersects with an alley or driveway, the "sight visibility triangle" is the triangular area formed by measuring eight (8) feet to a point along the property lines and joining said points to form the hypothenuse of the triangle. ADMINISTRATION 26.2 Sign Permit 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. 26.3 Nonconforming Existing Signs Every sign lawfully in existence on the date of passage of this Ordinance may be repaired without applying for a permit hereunder, but no such sign or sign facing shall be altered or moved unless a permit be issued pursuant to the provisions of this Ordinance. In the case where a sign facing is being replaced for the same business, a permit is not required. Temporary permits granted prior to the passage of this Ordinance shall be renewed only if the applicant complies with all provisions of this Ordinance. 26.4 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: 5 (a) Sign use classification. (b) Name, address and telephone number of the applicant. (c) Name, address and telephone number of owner. (d) Name, address and telephone number of person or firm erecting the sign. (e) A plan drawn to scale showing the location 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 other related signs. (g) Such other information as the Building Official may require to show full compliance with this Ordinance and all other laws and Ordinances of the City and State. 26.5 Exemptions from Permit Requirements 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) 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. (b) Nameplates not exceeding one (1) square foot in area. (c) Temporary political signs on private property. (d) Signs not exceeding thirty two (32) square feet in area for public, charitable or religious organizations when the same are located on the premises of the institutions. (e) Temporary construction signs, not exceeding sixteen (16) square feet in area, denoting the 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 occupant in a commercial building or public institutional building. (g) 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. (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. In addition, a single flag 6 which shows an emblem or logo of a firm of corporation is allowed when it is erected on a free-standing flagpole with a minimum setback of eight (8) feet behind the property line. (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. When such signs are illuminated, a permit must be obtained for the electrical components of the installation. (j) Traffic or street signs, legal notices, railroad crossing signs, danger, and such emergency, temporary or non-advertising signs as may be approved by the City Council or the City Manager or his authorized representative. (k) 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. (1) Window signs, provided all other requirements are met. (m) Garage sale signs, maximum of eight (8) square feet in area, and located on the property where the garage sale is being held. (n) Copy change only for previously permitted Advertising signs designed to provide a changeable copy area. 26.6 Signs Requiring Electrical Inspection The primary alternating current wiring on all signs shall comply with the National Electrical Code Specification. All secondary transformed power shall be self-contained within the sign structure. Individual lighted letters not containing secondary wiring and components are to be mounted on a common metal channel and all secondary wiring and components shall be contained within the common metal channel. Both channel and letters must contain weep holes to drain water, each hole shall not be larger than one-half (1/2) inch, nor smaller than one- fourth (1/4) inch. No combustible materials other than approved plastics shall be used in the construction of any sign containing electrical wiring. 26.7 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. 26.8 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. 7 26.9 Investigation Fee: Work Without a Permit (a) Investigation. Whenever any work for which a permit is required by this Ordinance has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. (b) Fee. An investigation fee, in addition to the permit 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 Ordinance. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Ordinance nor from any penalty prescribed by law. 26.10 Permit valid Only for One Hundred and Eighty (180) Days If the work authorized by a permit issued under this Ordinance has not been commenced within one hundred and eighty (180) days after the date of issuance, the permit shall become null and void. 26.11 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 of laws of this State or the Federal Government. Such suspension or revocation shall be effective when communicated in writing to the person to whom the permit is upon which the sign is located. Any signs installed 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. 26.12 Inspection The Building Official may inspect annually, or at such other times as he deems necessary, each sign regulated by this Ordinance for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose and whether it is in need of removal or repair. 26.13 Removal of Obsolete Signs Any sign which the Building Official 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 such sign is located within ten (10) days after written notification to do so from the Building Official. 26.14 Removal or Repair of Dilapidated or Deteriorated Signs If the Building Official 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 such sign. The permit holder, owner, agent or person having the beneficial use of the 8 premises shall remove or repair the sign within ten (10) days after such notice. The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. 26.15 Removal Expenses Any sign described under Chapter 26, Sections 10, 12 , or 13 shall be removed by the permittee, sign owner, or property owner within ten ( 10) days after written notification to do so by the Building Official. Upon failure to comply with such notice, the Building Official is hereby authorized to enter upon the property upon which such sign is located, and to cause the removal of such sign. The owner of the land, building or structure to which such sign is attached and upon which it is erected and the owner of such sign and the sign permittee are jointly and severably liable for any expense incident to removal. 26.16 Appeals Appeals to the provisions of this Ordinance shall be heard by the Board of Adjustment as described in the Zoning Ordinance in accordance with the following: The Board shall consider as criteria for granting a variance such factors as the type of sign, the location, existence of signs in the general area, and such other factors as they deem pertinent. 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 request for variation to requirements of this Ordinance, the Board of Adjustment shall consider, but not be limited to, the degree of variance, the reason for variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, protection of neighborhood property, the degree of hardship or injustice involved, and the effect of the variance on the general plan of regulating signs with the City. The decision of the Board of Adjustment shall be final. A variance from this Ordinance is valid only if a permit is secured within ninety (90) days from the date of the decision. When considering an appeal to this Ordinance, members of the Board of Adjustment shall constitute a quorum. A concurring vote of a majority of those present shall be necessary to render a decision in favor of the appellant, or to overrule any interpretation of this Ordinance by the Building Official. SPECIFIC LIMITATION PROVISIONS 26.17 Requirements for Wall Signs (a) Projecting Signs. The horizontal portion of any projecting sign shall not be more than six (6) feet in length, not to exceed 12 square feet, measured from the building face and shall not be closer than two (2) feet from the 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. 9 Vertical clearance shall be subject to the requirements of subsections (d) and (e) of this section. (b) Marquee Signs. Marquee Signs shall be built as an integral part of the marquee and shall be constructed of incombustible material. Such 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 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. Marquee signs shall not extend above the wall to which they are attached. Vertical clearance shall be subject to the requirements of subsections (d) and (e) of this section. Marquee signs may be illuminated. (c) Wall Signs. (1) Wall signs shall not exceed forty (40) square feet or the product of two (2) times the lineal footage of the wall area available to such signs or store frontage for which such signs are intended, whichever is lesser. Such signs shall not have a vertical height of more than six (6) feet, nor exceed seventy-five (75) percent of the width of the available wall area or store frontage. Vertical clearance shall be subject to the requirements of subsections (d) of this section. Wall signs shall not extend above the wall to which they are attached. Wall signs shall be limited to the following categories: Advertising, Apartment, Construction, General Business, Identification, Institution, and Real Estate signs. (2) In the case where two (2) or more wall signs are installed in a single wall area, the gross surface area may not exceed two (2) times the lineal width of the wall area available to such signs. Such signs shall not be arranged as to have a vertical height of more than six (6) feet. The combination of the sign widths, when placed side by side, shall not exceed seventy- five (75) percent of the width of the wall available to such signs. (3) General business wall signs must be located over the business for which they are intended. Wall signs may be illuminated, however, illuminated wall signs on rear building facades shall be prohibited unless facing a non-residential zoning district. (d) Projection Over Private Property. Projections other than awning or canopy signs over private property shall be allowed over pedestrian sidewalks, walkways and corridors, but not to exceed the following: Vertical Clearance Maximum Projection. 7 feet or less 3 inches 7 or 8 feet 12 inches 8 feet or more 4 feet 10 (e) Awning Signs. An awning sign may extend the full length of the wall of the building to which it is attached and shall be no more than six (6) feet in height and shall not be placed less than seven (7) feet above the walking surface below it. Art work or copy on awning signs shall be limited to a business name and/or logo and shall not exceed twenty (20) percent of the area of the awning and shall extend for no more than fifty (50) percent of the length of the awning. (f) Canopy Signs. A "canopy sign" may be placed on or be an integral part of the face of a canopy. The sign may consist of only the name and/or logo of the business at the location of the canopy and may be no greater in size than ten (10) percent of the face of the canopy of which it is a part of or to which it is attached, or a maximum of twenty-five (25) square feet, whichever is greater. 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 (1/3) 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. (g) Subdivision Wall Signs or Plaques. Subdivision wall signs or plaques are limited to residential zoning districts and shall not exceed thirty (30) square feet. Subdivision wall signs or plaques are limited to two (2) per subdivision entry and may be illuminated by means of spot-lighting only. Subdivision wall signs or plaques shall only be attached to an approved masonry screening wall. Subdivision wall signs or plaques shall only be allowed in the absence of a free-standing subdivision entry sign. (h) Window Signs. Window signs are permitted. The total area of all window signs on an elevation of a building may not exceed twenty- five (25) percent of the window area of that elevation. 26.18 Requirements for Free-Standing Signs (a) Advertising Signs. Advertising signs shall be erected in districts zoned B-1, B-2 and I, and shall not exceed one hundred (100) square feet. Maximum height of an advertising sign shall be twenty (20) feet with a required setback of thirty (30) feet from the front and side property lines. Spacing between signs shall be a minimum of sixty (60) feet. (b) Agricultural Signs. Agricultural signs, limited to advertising produce crops or animals on a farm, may be erected in any Agricultural (A) zoning district, and shall not exceed fifty (50) square feet. Maximum height of an agricultural sign shall be fifteen (15) feet with a required setback of thirty (30) feet from the front and side property lines. Spacing between signs shall be a minimum of two hundred (200) feet. 11 (c) Apartment Signs. Apartment signs may be erected in any residential zoning district, and shall not exceed twenty-five (25) square feet. Maximum height of an apartment sign shall be ten (10) feet for a monument sign and twelve (12) feet for a pole sign, with a required setback of fifteen (15) feet from the front property line. Apartment signs are limited to one (1) per street front. (d) General Business Signs. (1) General Business signs may be erected in non-residential zoning districts, and shall not exceed ninety (90) square feet for monument signs and sixty (60) square feet for pole signs. Maximum height of a general business sign shall be ten (10) feet for a monument sign and twenty (20) feet for pole signs. Required setback shall be eight (8) feet from the front property line and shall be located a minimum of six (6) feet from adjoining private property lines and a minimum of sixty (60) feet from any other free-standing sign. (2) General Business signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Internally illuminated general business signs must be constructed of incombustible material or approved plastics. (e) Identification Signs. (1) An identification sign may be erected in non-residential zoning districts, and shall not exceed one hundred and fifty (150) square feet for monument signs and one hundred (100) square feet for pole signs. Maximum height of an identification sign shall be ten (10) feet for a monument sign and twenty (20) feet for pole signs. Required setback shall be eight (8) feet from the front property line and six (6) feet from adjoining private property lines, and the sign shall be located a minimum of sixty (60) feet from any other free- standing sign. (2) Identification signs shall be constructed of materials that are not subject to deterioration when exposed to the weather. Such signs, when internally illuminated, must be constructed of incombustible materials or approved plastics. (f) Institution Signs. Institution signs may be erected in non- residential and residential zoning districts, and shall not exceed thirty-two (32) square feet with a maximum height of ten (10) feet, except that monument type signs in non-residential zoning districts may be ninety (90) square feet with a maximum height of ten (10) feet. Required setback shall be fifteen (15) feet from the front property line and institution signs are limited to one (1) per street front. (g) Multi-Purpose Signs (1) The identification portion of a multi-purpose sign shall not exceed fifty (50) square feet. The directory portion shall not exceed seventy (70) square feet and the reader board portion shall not exceed thirty (30) square feet. Multi- 12 purpose signs may have any combination of directory and reader board area. (2) The total area of pole multi-purpose signs shall not exceed one hundred and fifty (150) square feet. In the case of monument multi-purpose signs, the maximum overall area shall be two hundred and twenty-five (225) square feet, however, the copy area shall be limited to one hundred and fifty (150) square feet leaving a base area of seventy-five (75) square feet. (3) Multi-purpose signs may be erected in non-residential zoning districts only. (4) Maximum height shall be ten (10) feet for multi-purpose monument signs and twenty (20) feet for pole multi-purpose signs. (5) Required setback for multi-purpose signs shall be thirty (30) feet from front and adjoining private property lines. Multi- purpose signs are limited to one (1) per street front and a minimum spacing of sixty (60) feet from any other free- standing sign must be maintained. (6) Multi-purpose signs shall be constructed of materials not subject to deterioration when exposed to the weather and when internally illuminated must be constructed of incombustible materials or approved plastic. (h) Municipally Owned Signs. Municipally owned signs may be erected in any zoning district and, if exceeding one hundred (100) square feet, shall be reviewed by the Building Official for specific approval. Municipally owned signs shall not be placed in any sight visibility triangle and shall be located at least twenty-five (25) feet from any privately owned parcel of land. Maximum height of monument styled municipally owned signs shall not exceed ten (10) feet and pole signs shall not exceed twenty (20) feet in overall height. (i) Subdivision Entry Signs. Subdivision entry signs may be erected in residential zoning districts and shall not exceed thirty two (32) square feet with a maximum height of two (2) feet, six (6) inches. Required setback shall be three (3) feet from the front property line and signs are limited to two (2) per subdivision entryway. Free-standing subdivision entry signs shall only be allowed in the absence of subdivision wall signs or plaques. ( j) Projections or Overhangs on Free-standing Signs. Any projecting or overhanging portion of a free-standing sign must be a minimum of ten (10) feet above any walkway and fourteen (14) feet above driveways. (k) No advertising matter shall be displayed on or attached to any free-standing sign. No guys, braces, attachments, banners, flags, balloons, or similar devices shall be attached to any sign. 13 (1) Wheel or Bumper Guard Protection for Free-standing Signs. Free- standing signs shall be protected by wheel or bumper guards when required by the Building Official. 26.19 Illumination (a) 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 twenty-five (25) square feet or any portion thereof of the sign face. (b) Only a sign which has illumination that is turned on and off at a rate equivalent to, or less than twice an hour, excluding time and temperature, is permitted. 26.20 Temporary Signs (a) Banners. A temporary banner is allowed and shall be securely attached to the front or side of a building structure. The total number of banners per business shall not exceed two (2) per calendar year, and a banner shall not be displayed for more than one (1) consecutive thirty (30) day period during the calendar year. Banners shall be kept in good repair and remain firmly anchored or secured. Banners are prohibited in single-family residential districts. (b) Construction Signs. Construction signs may be erected in non- residential and residential zoning districts and shall not exceed thirty-two (32) square feet with a maximum height of fifteen (15) feet. Required setback shall be twenty (20) feet from front property line and signs are limited to one per street front. A construction sign shall be removed prior to the issuance of a Certificate of Occupancy or in the case of a dwelling prior to the final building inspection. Construction signs at sales offices in residential subdivisions may remain until the Certificate of Occupancy for the office is invalid. (c) Development Signs. Development signs may be erected in non- residential and residential zoning districts, and shall not exceed one hundred (100) square feet. Such signs must be related only to the property on which they are located. Maximum height of a development sign shall be twenty (20) feet. Required setback for a development sign shall be thirty (30) feet or the required building line if less than thirty (30) feet. Each development may have one (1) such sign or one (1) for each fifty (50) acres. 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 Compliance is issued for a shell building. For a residential project, ninety (90) percent complete means when ninety (90) percent of the subdivision is permitted. 14 (d) Model Home Signs. Model home signs may be erected in residential zoning districts and shall not exceed sixteen (16) square feet with a maximum height of six (6) feet. Required setback shall be fifty (50) percent of the distance between the front property line and the building, but no less than ten (10) feet from the front property line. Model home signs are limited to one (1) per premise. Each builder in a subdivision may have one (1) model home sign and the permit for such sign shall be granted for a period of time to coincide with the validity of the model home's Certificate of Occupancy, (e) Political Signs. Political signs are allowed on private property and shall be prohibited on rights-of-way, or any other public property. Political signs may be placed no more than one hundred- twenty (120) days prior to the election for which the sign is applicable, and no more than fifteen (15) days after the election has taken place. Political signs placed on property which is zoned residential may be no greater than thirty-two (32) square feet in area. Political signs placed within the rights-of-way or upon public property may be removed and disposed of by City of Wylie personnel. (f) Real Estate Signs. Real estate signs may be erected in non- residential and residential zoning districts and shall not exceed thirty-two (32) square feet with a maximum height of fifteen (15) feet. Required setback shall be eight (8) feet from front property line and signs are limited to one per street front. A real estate sign shall be removed upon the sale of the property. (g) 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 premise may not exceed a total of one thousand six hundred (1,600) million foot candlepower. No more than four (4) beams of light may be projected from any premise. (3) All searchlights must be designed and maintained so as to prevent beam rays of light from being directed at any portion of the travelled ways 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. (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 (7) consecutive days. No permit for an advertising searchlight may be issued for any business entity 15 for which a permit has been issued for a searchlight on the same premise within the last six (6) months preceding the date of the permit application. (h) Promotional Signage (1) Promotional signage described in subparagraph (2) below is allowed for two (2) , two week periods each calendar year per legal business. A two week period will commence on the first day promotional signage is displayed. The two, two week periods shall not occur in the same or consecutive months. A legal business shall include any commercial, industrial, or institutional use for which the Building Inspection Department has issued a Certificate of Occupancy. In the case of a special promotion for a grand opening celebration, one (1) period may be extended to a three 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. (2) Promotional signage may include banners, flags, pennants, streamers, balloons, inflatable signs, and any legal signs allowed by these provisions. a searchlight may be used provided it complies with all other provisions of this Article. Any device described as promotional signage shall not exceed an overall height of thirty-five (35) feet. (3) A separate permit is required for each two week period promotional signage will be used. If any device described as promotional signage in subparagraph (2) above is installed prior to issuance of a permit, an investigative fee will be assessed in addition to the permit fee. (4) Promotional signage shall be contained on the property of the legal business and shall not extend into the City right-of- way. Signage shall not be located in any sight visibility triangle nor shall nay combustible materials be placed in contact with lighted signs or any electrical fixtures. 26.21 General Requirements for Free-Standing Signs (a) Free-standing signs shall not be placed in any sight visibility triangle. (b) All permanent or temporary free-standing signs located or to be located within the City of Wylie shall conform to the general provisions set forth in "Table 1, Synopsis of Free-standing Signs". (c) All signs located in any overlay district shall conform to the Zoning Ordinance or to this Ordinance, whichever is more restrictive, except for sign size, in which case the Zoning Ordinance shall take precedence. (d) In the case of a multiple-faced sign, the gross surface area of each face shall not exceed two (2) times the allowable square footage divided by the number of sign faces. 16 26.22 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 loads as required by the building code of the City of Wylie. 26.23 Maintenance of Signs All signs and supports shall be maintained so as not to create a dilapidated or deteriorated condition. 26.24 Construction Types Monument and pole construction types may be used for any free-standing signs. Monument signs are limited to a maximum height of ten (10) feet. PROHIBITED SIGNS 26.25 Obscene, Indecent and Immoral Materal It shall be unlawful for any person to display any obscene materal upon any sign, as defined by Federal, Stateand Local Statutes or Ordinances. 26.26 Obstructing Doors, Windows, or Fire Escapes It shall be unlawful to erect, relocate, or maintain a sign to prevent free ingress to or egress from any door, window or fire escape. 26.27 Attachment of Standpipe or Fire Escape It shall be unlawful to attach any sign to a standpipe or fire escape. 26.28 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 whereby, by reason of position, size, movement, shape, color, flashing, manner or intensity of 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 device. Accordingly, no sign shall make use of the words, "Stop" , "Go" , "Look" , "Slow" , "Danger", or any other similar 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. 26.29 Mobile or Portable Signs (a) It shall be unlawful to attach any sign to a trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or constitute the sign itself. 17 This provision does not restrict the identification signs on vehicles used for any bona fide business activity when said vehicle is legally licensed for use in public streets. (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 vicinity, 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. 26.30 Advertising Matter Placed on or Suspended from Buildings, Light Fixtures, Poles, Sidewalks, etc. (a) 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 Odinance. (b) Suspending from or placing signs on a light fixture shall be prohibited. 26.31 Painting, Marking, etc. , Streets, 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 pole, public building, fence or structure except as otherwise allowed by Ordinance. 26.32 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, 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. Signs or other printed or written matter in violation of this section may be impounded and disposed of by the City. (b) It shall also 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. 18 26.33 Signs Prohibited on or Over Public Property No portion of any sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the City, unless the same be erected by the City, or with the permission of the City, for public purposes. Any sign in violation of this section may be impounded and disposed of by the City. Exception. Signs attached to the face of any building located in the Downtown District may be erected over the public sidewalk provided the sign projects no more than the width of the sidewalk minus one (1) foot and provided the clearance between the bottom of the sign and the sidewalk below is a minimum of eight (8) feet. 26.34 Certain Signs Prohibited (a) No sign shall be illuminated to such an intensity or in such a manner, as to cause a glare or brightness to a degree that it constitutes a hazard or nuisance. Moving, flashing, intermittently lighted, changing color, beacons, revolving or similarly constructed signs shall not be allowed. Alternating electronic data control components showing time and temperature may be allowed. (b) No lighted sign shall be erected within one hundred and fifty (150) feet of a residential district unless it meets the illumination criteria listed in subparagraph (c) below. (c) Internally illuminated signs in residential zoning districts are limited to no more than one (1) forty (40) watt lamp for each twenty-five (25) square feet of the sign face or any portion thereof. 26.35 Balloons, Flags, Pennants and Other Floating Devices Used for Advertising Purposes No person shall erect, maintain or permit the erection of, for advertising purposes, any balloons, flags, pennants or other floating or inflatable device permantly anchored to the ground or to any other structure within the City of Wylie except as approved under promotional signage. 26.36 Roof Signs Roof signs are prohibited and unlawful. 26.37 Billboard signs Billboard signs are prohibited and unlawful. 26.38 Off Premise Signs Signs advertising or promoting businesses, offices, retail, commercial, or any other use permitted by this office, located at a place other than where the sign is physically located is prohibited. 19 City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: •ng and nni nv (nmmi oc; DIRECTOR: Michael Grhmi rl t DATE REFERENCE NO. SUBJECT April 8, 1993 A request for classification of Sexually Oriented Businesses in Industrial Zoning. SUMMARY OF SUBJECT: For the City Council to amend Chapter 12, Section 19. 1, Use Regulations , of the Wylie Code of Ordinances, amend to add under subtopic "Special Uses": (9) Sexually Oriented Businesses (S.O.B.) - Industrial Zoning. To establish a zoning criteria of Sexually Oriented Businesses. ALTERNATIVES: 1. To approve Chapter 12, Section 19.1 as submitted. 2. To deny the request. ACTION REQUESTED: To approve as submitted by the Planning and Zoning Commission, to amend to add under subtopic "Special Uses", Chapter 12, Section 19.1, Use Regulations, of the Wylie Code of Ordinaces: (9) Sexually Oriented Businesses (S.O.B) - Industrial Zoning with a Special Use Permit. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A i BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: OPERATIONS CI ONE-TIME ❑ $ , CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: x BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC vipri SUPR. FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: CITY COUNCIL MEMBERS FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: MARCH 11, 1993 SUBJECT: PLANNING AND ZONING MEMBERS APPROVED TO GO BEFORE THE CITY COUNCIL A REQUEST FOR CLASSIFICATION OF SEXUALLY ORIENTED BUSINESSES IN INDUSTRIAL ZONING On March 9, 1993, the City of Wylie City Council passed into ordinance an amendment adding a definition of Sexually Oriented Businesses (S.O.B. ) Currently there is not a zoning slot for Sexually Oriented Businesses by ordinance. It is the staff recommendation that Sexually Oriented Businesses be regulated to a zoning of Industrial with a special use permit, which requires a public hearing prior to issuance. M E M O R A N D tJ M TO: CITY COUNCIL MEMBERS ,,`S FROM: MICHAEL SCHMIDT, BUILDING OFFICIALUI'1" DATE: APRIL 7 , 1993 SUBJECT: SEXUALLY ORIENTED BUSINESSES (S.O.B. ) A definition of what constitutes a Sexually Oriented Business is being added to the Ordinance. Current zoning does not speak to Sexually Oriented Businesses and should be incorporated into ordinance form. I recommend that Sexually Oriented Businesses be limited to Industrial Zoning Areas, requiring a Special Use Permit. Chapter 12 Section 19.1 - Use Regulations Amend to add under subtopic "Special Uses" . (9) Sexually Oriented Businesses (S.O.B. ) City of Wylie • AGENDA COMMUNICATION • SUBMITTED BY: P1 arming and 7aniag Laramission DIRECTOR: Mir awl ScrmiAt DATE REFERENCE NO. SUBJECT•. .• . . .. - Amend an Ordinance for Special and Additional Regulation April 8, 1993 4 Private clubs selling alcoholic beverages. SUMMARY OF SUBJECT: For the City Council to amend Chapter 12, Section 24, Special and Additional Regulations, ' to amend to add: Section 24.8 Private Clubs selling Alcoholic Beverages. Adding this section to the City of Wylie Code of Ordinances will address detai,ls related to the permitting of private clubs selling alcoholic beverages. , , j ALTERNATIVES: 1. To approve Chapter 12, Section 24, to add Section 24.8 as amended. 2. To deny the request. ACTION REQUESTED: To approve and amend to add Section 24.8 to Chapter 12 of the Wylie Code of Ordinances, Private Clubs selling Alcoholic Beverages as submitted by •the Planning and Zoning Commission. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A BUDGETED FISCAL YEAR(S): ESTIMATED EXPENDITURE: OVER/UNDER PROJECTIONS BY: PERSONNEL Cl $• . OPERATIONS CI ONE-TIME El • CAPITAL O RECURRING D OTHER COMMENTS: • USER DEPARTMENT COMMENTS: y i i SUPPORTING DOCUMENTS: MINUTES LETTER x BACKGROUND MEMO ORDINANCE/RESOLUTION OTHER C.I.P. _ WYLIE CODE OTHER BUDGET _ BID TAB/SPECS _ OTHER MAP, PLAN, SKETCH LEGAL MINUTES PEVIEWED BY: DIRECTOR OF PARKS/REC. - CITY SECRETARY x CITY MANAGER LIBRARY DIRECTOR DIR.OF PLANNING/ENG. - DIRECTOR OF FINANCE CITY ATTORNEY , PUBLIC WORKS SUPR. POLICE CHIEF ' DIRECTOR OF PUBLIC x M M'iM O - FIRE CHIEF • • WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL • CITY MANAGER ,r . ; • MEMORANDUM TO: CITY COUNCIL MEMBERS y�� FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: MARCH 11, 1993 SUBJECT: PLANNING AND ZONING MEMBERS APPROVED AMENDED ORDINANCE TO GO BEFORE CITY COUNCIL: PRIVATE CLUBS SELLING ALCOHOLIC BEVERAGES Our current ordinances do not address details related to the permitting of private clubs selling alcoholic beverages. When Wylie experiences growth in the future it usually comes in this order: 1. Single family homes. 2. Fast food chain restaurants (i.e. Taco Bell) 3 . Shopping centers (i.e. Wal Mart, etc. ) 4. Apartments 5. Restaurant / Bar combinations (i.e. Chile's, Red Lobster, etc. ) Currently we say that 75% of gross revenue may be gotten by alcohol sales. This would allow a bar with a grill area. What we want is a restaurant with a bar. By adding an ordinance and also changing the existing definition, we will be ready to permit what we actually want. CHAPTER 12 PLANNING AND ZONING SECTION 24 SPECIAL AND ADDITIONAL REGULATIONS AMEND TO ADD: SECTION 24.8 PRIVATE CLUBS SELLING ALCOHOLIC BEVERAGES 12. 24.8.1 Private clubs selling alcoholic beverages. The following conditions shall apply to the issuance of any specific use permits for a Private Club selling alcoholic beverages as authorized by the City of Wylie City Council. a. Club must be located within the authorized zoning areas as listed in Sections 16, 17, 18, and 19 of Chapter 12 of the City of Wylie Code of Ordinances. b. There shall be no exterior entrance to the bar area except emergency fire exists as required. c. There shall be no exterior signs advertising the sale of alcoholic beverages, provided this does not prohibit using established trademark names. (i.e. Steak and Ale) . d. Revenues from the sale of alcoholic beverages shall not exceed 40% of the gross revenue derived from the sales of food and beverages. The city shall be furnished quarterly with copies of the reports submitted by the establishment to the Texas Comptroller of Public Accounts and the Texas Alcohol Beverage Commission to determine that sales of alcohol does not exceed the minimum allowed. The total sales as reported in two consecutive quarters shall be averaged to determine percentage of sales of alcoholic beverages. e. No gaming devises, such as billiard tables, pinball machines and other coin operated game machines shall be permitted inside the private club. Exception: Organization as defined in section 32. 24 .C. shall be exempt from this provision. 2. That violation of any of the listed conditions in Section 1 shall be grounds for the revocation of the Permit and Certificate of Occupancy without notice and any person so violating same shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not to exceed two thousand dollars ($2,000.00) for each offence and a separate offense shall be deemed committed each day a violation exists. CHAPTER 12, SECTION 32.24 (B) - CLUB, PRIVATE / SERVING ALCOHOLIC BEVERAGES Amend to read: A restaurant serving alcoholic beverages which derives no more than 40% of it's gross revenue from the on premise sale of alcoholic beverages. CHAPTER 12, SECTION 32 .24 (C) - CLUB, PRIVATE (NON PROFIT) SERVING ALCOHOLIC BEVERAGES Amend to add: A fraternal organization (i.e. Elk's Club, V.F.W. , etc. ) that limits membership and sells alcoholic beverages to members only and is a registered non-profit organization. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Planning & Zoning Comm on DIRECTOR: Michael Schmidt DATE REFERENCE NO. SUBJECT„ April 8, 1993 6 Amend the Outside Storage Ordinance. SUMMARY OF SUBJECT: For the City Council to amend Chapter 12, Section 24.6, Open/Outside Storage of the Wylie Code of Ordinances as submitted by the Planning and Zoning Commission. To make provisions for storage of goods and products as well as regulate displa,/ of outside storage. 1 ALTERNATIVES: 1. To Approve Chapter 12, Section 24.6 as amended. 2. To deny the request. 1 ACTION REQUESTED: To approve the amended Wylie Code of Ordinance , Chapter 12, Section 24.6, Open/Outside storage as submitted by the Planning and Zoning Commission. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL CIOVER/UNDER PROJECTIONS BY: S________—_—___J OPERATIONS CI ONE-TIMECI ' CAPITAL D RECURRING O OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: LETTER ___ MINUTES OTHER x BACKGROUND MEMO ORDINANCE/RESOLUTION C.I.P. OTHER OTHER BUDGET WYLIE CODE BID TAB/SPECS MAP. PLAN, SKETCH _ LEGAL MINUTES • REVIEWED BY: _ CITY SECRETARY • DIRECTOR OF PARKS/REC. LIBRARY DIRECTOR _�__ CITY DIRECTOR OF _ DIR. OF PLANNING/ENG.OF FINANCE _ CITY ATTORNEY •PUBLIC WOFKB R' POLICE CHIEF DIRECTOR OF PUBLIC x NG FIRE CHIEF • - OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER : . E M O R A N D U M TO: CITY COUNCIL MEMBERS FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: MARCH 31, 1993 SUBJECT: APPROVED BY PLANNING AND ZONING TO GO TO CITY COUNCIL TO AMEND THE OUTSIDE STORAGE ORDINANCE I have proposed an ordinance that will regulate outside storage of goods, materials and displaying goods for sale outside of a building. Passage of this ordinance will allow the City to clean up the unsightly placement of such things as used furniture, flea market type uses. The ultimate goal is to make Wylie a more attractive market for new businesses. Chapter 12, Section 24.6. 3 Open Storage of Merchandise Not For Sale Open storage of materials or equipment not for sale or lease as permitted by this ordinance shall: 1. Be located behind the required building line; 2 . Observe all setback requirements; 3 . Be on an all weather surface; 4 . Be screened from view from any street and or parking area of adjoining development in accordance with Section 24.6 screening. Chapter 12 , Section 24.6.4 Screening Required Except where permitted under this ordinance all open storage except as noted shall be screened from the public view. Screening walls shall be a minimum of six (6) feet in height and shall be of masonry construction. 1 . Alternate screening construction as follows may be allowed with prior approval of the Building Official. (a) Alternate method: Screens may be constructed in chain link or wrought iron in combination with a live landscape screen. (b) Alternate method: A six (6) foot solid landscape screen without a fence or wall may be used when the plants used shall create a solid living screen six (6) feet in height within two (2) years of their installation. 2. The Board of Adjustments may waive this requirement if no public purpose would be served by the construction of required screening due to such factors as natural features or topography that sufficiently serve the purpose of screening. 3 . The above standards shall not apply to a nursery when it is the primary use on the site. 4. Nothing in this section shall be deemed to prohibit temporary open storage of merchandise for display and sale during a sidewalk sale. ORDINANCE PROPOSAL SECTION 12-24.6 OPEN STORAGE 12-24 .6.1 Open storage prohibited in residential districts. No open storage of commodities, materials, junk, or equipment for sale or display shall be permitted in any residential district except as provided for in Chapter 4, Section 7.00, garage and yard sales. 12-24.6.2 Open Storage as an Accessory Use. 1 . Open storage of commodities and materials offered for sale shall be permitted as an accessory use in the Retail, Business - 1, Business - 2, and Industrial districts provided that such open storage shall: (a) Be located behind the required building line; (b) Observe all setback requirements; (c) Have a maximum height not to exceed one half of the height of the main structure; (d) Not exceed 20% coverage of the lot area which lies behind the building line; (e) Be on an all weather surface. 2. Storage of all consumer goods in any Retail and Business Districts (firewood, mulch, top soil, soft drinks, etc. ) shall be enclosed within the building structure or a screen, except when the goods to be displayed do not exceed: (a) Four (4) feet in height when in front or adjacent to the building not to exceed the height of the window sill; (b) Three (3) feet in height when within the pump island and not to block the drivers visibility; (c) Three ( 3) feet in depth and sixteen (16) feet in length. 3 . The open storage of trucks, cars, or trailers for lease or rent in any district shall comply with the following: (a) Rental vehicles shall not be parked in the required parking stalls or between the building face and the street right of way; (b) That portion of the site that is devoted to the storage of lease or rent vehicles shall not exceed ten (10) percent of the site area; (c) Shall be screened in accordance with Section 24.6.4. 4. The above standards shall not apply to new or used automobile dealer facilities which have outdoor display of vehicles for sale. Such display of vehicles shall be permitted as an accessory use to a dealer facility which shall be approved as part of the overall approval of a site plan for an automobile dealer facility. City of Wylie • AGENDA COMMUNICATION SUBMITTED BY: Planning and Zoning Commission DIRECTOR:1 1 rhaa1 cchu+J dt DATE REFERENCE NO. SUBJECT April 8, 1993 Requirements for Masonry wall standards. 4! SUMMARY OF SUBJECT: For the City Council to amend Chapter 12, to add Section 24.7, to the Wylie Code of Ordinances, Minimum Structure Exterior Wall Standards. To provide an aesthetic continuity on construction type. ALTERNATIVES: 1. To Approve Chapter 12, to add Section 24.7. 2. To deny the request. ACTION REQUESTED: To approve to amend Chapter 12, to add Section 24.7, Minimum Structure Exterior Wall Standards, to the Wylie Code of Ordinances as submitted by the Planning and Zoning • Commission. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ ' CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL • REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC x BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER M E M O R A k4 D iT M TO: CITY COUNCIL MEMBERS FROM: MICHAEL SCHMIDT, BUILDING OFFICIAL DATE: APRIL 6, 1993 SUBJECT: PLANNING AND ZONING APPROVED FOR CITY COUNCIL REQUIREMENTS FOR MASONRY EXTERIOR WALL STANDARDS In keeping with the masonry requirements common to Metroplex area cities, I have drafted the enclosed ordinance to amend our current Zoning Ordinance to add this section. When I caused the 1991 Uniform Building Code (UBC) to be adopted, I did not put masonry amendment in it. I believe that this draft meets or exceeds the previous UBC amendment and will allow the City to maintain the type of image it wants to have, which would require brick under most circumstances. There is one significant difference and that is Item D. This allows a frame structure neighborhood to continue as frame, without new houses or reconstructs after fire damage having to be brick. Item C requires houses in districts other than residential to be built to these standards. 1. AMEND CHAPTER 12 TO ADD SECTION 24-7 MINIMUM STRUCTURE EXTERIOR WALL STANDARDS 12-24.7 The exterior wall standards for construction in the various districts shall be in accordance with the following standards: 12-24.7.1 Exterior Wall Standards, Residential A. Exterior wall construction for structures of two stories of less shall consist of a minimum of 75% masonry or masonry veneer. Masonry and masonry veneer shall be defined as brick, stone, decorative concrete block or as otherwise approved by the Building Official. The construction standards applies only to the first floor of a building in the following districts: A SF-1 SF-2 SF-3 MF 2F SF-A 12-24 .7. 1 B. No single wall face of any residence shall contain less than 50% of it's exposed surface of masonry construction as herein specified. C. Exterior walls construction for all residential uses in districts where permitted other than those listed above shall meet the requirements of this section. D. Where more than 60% of existing number of residential structure along both sides of a street and lying between the two nearest intersecting streets do not meet the above minimum standards, the Building Official may allow new construction to be equal to that majority existing, but in no case less than required by the Uniform Building Code. 12-24.7.2 Non Residential Exterior Wall Standards A. Minimum exterior wall standards for non residential structures shall be of at least 75% brick, stone brick veneer, custom treated tilt wall, decorative concrete block, glass. These standards shall apply to any wall or portion of wall fronting, siding or backing upon a thoroughfare, and on all walls facing or abutting residential zoned districts. B. This construction standards shall apply to the following districts: R B-1 B-2 I C. The minimum exterior wall standards for Planned Development and Specific Use Permit shall be of exterior fire resistant construction as s pacified by the amending ordinance. 12-24.7. 3 . Exterior fire resistant construction as herein specified for residential structures shall consist of the designated percentage of the total exterior wall surface exclusive of windows and doors. City of Wylie AGENDA COMMUNICATION • SU9MITTED 9Y: Planning and Zoning Cnmm ion DIRECTOR: Michael Schmidt DATE REFERENCE NO. SUBJECT. -• April 8, 1993 Changes and Amendments to all zoning Ordinances and Districts and Administrative Procedures. SUMMARY OF SUBJECT: To amend an Orinance, Chapter 12, Section 34 of the Wylie Code of Ordinaces for Changes and amendments to all zoning ordinances and districts and administrative procedures. Properties requesting to be rezoned shall be, platted prior to submittal to the Planning and Zoning Commission for it's' consideration. + I 1 ALTERNATIVES: 1. To approve Chapter 12, Section 34 as amended. 2. To deny the request. i 1 t ACTION REQUESTED: To approve the amended City of Wylie Code of Ordinace, Chapter 12, Section 34 for all properties requestng to be rezoned to be platted in accordance with the provisions of Chapter 9 of the Code of Ordinances 'prior to submittal to the Planning and Zoning Commission for it's consideration as submitted. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N A ' BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: s OVER/UNDER PROJECTIONS BY: PERSONNEL •Cl s LIONS C) ONE-TIME d COMMENTS: OPERA OTHER 0 RECURRING CAPITAL , USER DEPARTMENT COMMENTS: I LETTER SUPPORTING DOCUMENTS: MINUTES OTHER __xr BACKGROUND MEMO — _ _ORDINANCE/RESOLUTION OTHER C I.P. 1NYLIE CODE __._--- OTHER BUDGET BID TAB/SPECS MAP. PLAN, SKETCH LEGAL MINUTES PARKS/REC. CITY SECRETARY REVIEWED BY: _ DIRECTOR OF LIBRARY DIRECTOR _� CITY MANAGER — DIR.OF pLANNING/ENG• LIPUBRARY C WORKS SUPR. POLICE CHIEF OF FINANCE CITY ATTORNEY �_ BUILDING SIJ- _ POLICE _ DIRECTOR OF PUBLIC FIRE CHIEF • ' WORKS • APP ROVED FOR SUBMISSION TO CITY COUNCL CITY MANAGER ., • ICI E M C) R A N D U M TO: City Council Members FROM: Michael Schmidt, Building Official DATE: April 8, 1993 SUBJECT: Properties Requesting to be Rezoned Planning and Zoning Members approved an amendment to go before Council, to Chapter 12 , Section 34 , which states that all property requesting to be rezoned shall be platted in accordance with the provisions of Chapter 9 of this code of Ordinances prior to submittal to the Planning and Zoning Commission for it's consideration. CHAPTER 12, SECTION 34 - CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND DISTRICTS AND ADMINISTRATIVE PROCEDURES All property requesting to be rezoned shall be platted in accordance with the provisions of Chapter 9 of this Code of Ordinances prior to submittal to the Planning and Zoning Commission for it's consideration. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: I FGAI DFPARTMFNT DIRECTOR: STFVEN P . DFTTFR DATE REFERENCE NO. SUBJECT 4-9-93 4MENDMENT OF SPEED LIMIT ON E BROWN AND N BALLARD SUMMARY OF SUBJECT: CHIEF HIGHTOWER HAS RECEIVED COMPLAINTS FROM RESIDENTS ON N PALLART THAT THE CURRENT SPEED LIMIT OF 40 MPH IS TOO HIGH ESPECIALLY AS IT NEARS THE INTERSECTION WITH BROWN STREET . THE CONDITIONS OF THE ROAD ON E BROWN STREET IS SUCH THAT IT CAN SAFELY ACCOMODATE SPEEDS GREATER THAN THE EXISTING 30 MPH . THE PROPOSED ORDINANCE CHANGES THE SPEED LIMIT TO 35 MPH ON N BALLARD FROM BROWN TO THE RAILROAD TRACKS AND ON E BROWN FROM BALLARD TO HWY 78 . ALTERNATIVES: A) PASS ORDINANCE AS PRESENTED ADOPTING SPEEDLIMITS AT 35 MPH B) PASS ORDINANCE ESTABLISHING SUCH OTHER SPEED LIMITS AS DEEMED APPROPRIATE C) DECLINE TO ALTER EXISTING SPEED LIMITS ACTION REQUESTED: PASSAGE OF ORDINANCE REDUCING SPEED LIMIT ON N BALLARD FROM 40 TO 35 MPH AND INCREASING SPEED LIMIT ON E BROWN FROM 30 TO 35 MPH REVENUE SOURCES: EXPENDITURE ACCOUNTS: NSA N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. xx ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: XX. CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE _ DIR.OF PLANNING/ENG. LIBRARY DMECTOR POLICE CHIEF x X CITY ATTORNEY PUS WORKS BISPR. FIRE CHIEF . • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Speed Limits on Portions f N. Ballard and E. Brown DATE: April 8, 1993 Chief Hightower has received several complaints regarding the speed limit on North Ballard Street being to high. As it currently stands the speed limit is 40 mph clear down to the stop sign at Brown Street. The Chief and the City Manager have suggested that the speed limit be reduced to 35 mph from the rail road tracks in to Brown Street (or conversely from Brown Street out to the rail road tracks). The Chief has also suggested, in agreement with the City Manager, that the existing speed limit on East Brown Street between Ballard and SH 78 be increased to 35 mph. The increase is due to the fact that the street, since it has been improved is very sooth and wide and the concentration of residences is not great. The traffic has a tendency to exceed the current 30 mph limit in this area. An ordinance which accomplishes both of these changes is forwarded herewith for your consideration. If the same appears to be in order it may be adopted at the April 13, 1993 Council meeting. If there are any problems or objections to the ordinance or changes please let me know. Thank you in advance for you consideration and attention in this matter cc: Steve Norwood Harvey Hightower Jack Jones City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER DATE REFERENCE NO. SUBJECT 4-9-93 q HAZARDOUS MATERIALS CLEAN UP - REPAYMENT OF COSTS SUMMARY OF SUBJECT: THE CIYY ' S CURRENT ORDINANCES ARE NOT VERY SPECIFIC AS TO WHAT COSTS MAY BE RECOVERED BY THE FIRE DEPARTMENT WHEN IT IS INVOLVED IN CLEAN UP OF HAZARDOUS MATERIALS . THE PROPOSED ORDINANCE SPECIFIES IN DETAIL WHAT INSTANCES AND WHAT COSTS MAY BE RECOVERED BY THE CITY IN THE EVENT OF A HAZARDOUS MATERIAL CLEAN UP. THE ACTUAL CHANGE IS TO THE UNIFORM FIRE CODE WHICH THE CITY ALREADY HAS IN FORCE ALTERNATIVES: A) ADOPT ORDINANCE AS PRESENTED B) ADOPT ORDINANCE WITH SUCH CHANGES AS DEEMED APPROPRIATE C) DECLINE TO TAKE ANY ACTION IN RELATION TO HAZARDOUS MATERIAL CLEAN UP ACTION REQUESTED: ALTERNATIVE A) PASSAGE OF ORDINANCE AMENDING THE UNIFORM FIRE CODE TO ALLOW CITY TO RECOUP ITS COSTS IN RELATION TO CLEAN UP OF HAZARDOUS MATE_RIAL SPILLS REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 $ CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: 1 xx BACKGROUND MEMO MINUTES LETTER C.I.P. XX ORDINANCE/RESOLUTION OTHER BUDGET ___ WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: xx CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE ____ DIR. OF PLANNING/ENG. UBRARY DIRECTOR POUCE CHIEF - CITY ATTORNEY ' ' RELIC�4t1PR. XX FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL t_-57 CITY MANAGER MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Hazardous Materials C -an Up Costs DATE: April 8, 1993 The Fire Chief has had some concern over the City's ability to recoup its costs when it participates in the clean up of a hazardous materials spill. At this time the only provisions allowing recoupment are those set forth in Section 80.105 of the Uniform Fire Code (see attached) which the City has in effect. The Chief did some research and found an ordinance from Modesto, California which detailed and enlarged the City's right to receive payment for its services rendered in hazardous materials clean up. With the assistance of the Chief I have taken applicable portions of the Modesto ordinance and prepared an ordinance which "beefs up" the City's right to recoup costs incurred in such instances. A copy of the ordinance is forwarded herewith for your review and consideration and eventual adoption. Should you have any questions on this matter please do not hesitate to contact Chief Lynch or myself. cc: Steve Norwood Jim Lynch 1991 UNIFORM FIRE CODE 80.104-80.108 EXCEPTIONS: 1. Pesticide products and materials intended for use in weed abatement,erosion control,soil amendment or similar applications when applied in accordance with the manufacturer's instructions,label directions and in accordance with nationally recognized standards. 2.Materials released in accordance with federal,state or local governing regula- tions or permits of the jurisdictional Air Quality Management Board with a National Pollutant Discharge Elimination System Permit,with waste discharge requirements established by the jurisdictional Water Quality Control Board or with local sewer pretreatment requirements for publicly owned treatment works. Unauthorized Discharges Sec.80.105.(a)Records.Accurate records shall be kept by the permittee of the unauthorized discharge of hazardous materials. (b) Notification.The chief shall be notified immediately when an unautho- rized discharge becomes reportable under state,federal or local regulations. (c) Preparation.Provisions shall be made for controlling and mitigating unau- thorized discharges. (d) Control.When an unauthorized discharge due to primary container failure is discovered,the involved primary container shall be repaired or removed from service. (e) Responsibility for Cleanup.The person,firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge,whether sudden or gradual,at no cost to the jurisdiction.When deemed necessary by the chief,cleanup may be initiated by the fire department or by an authorized individual or firm.Costs asso- ciated with such cleanup shall be borne by the owner,operator or other person re- sponsible for the unauthorized discharge. Material Safety Data Sheets Sec.80.106.Material safety data sheets(MSDS)shall be readily available on the premises for hazardous materials regulated by this article. Identification Signs Sec.80.107.Visible hazard identification signs as specified in U.F.C.Standard No.79-3 shall be placed at entrances to locations where hazardous materials are stored,dispensed,used or handled in quantities requiring a permit.Signs shall be provided at specific entrances designated by the chief. EXCEPTION: The chief may waive this requirement in special cases when consistent with safety if the owner or operator has submitted a hazardous materials management plan and hazardous materials inventory statement.See Appendix II-E. Individual containers,cartons or packages shall be conspicuously marked or labeled in accordance with nationally recognized standards. See also Section 80.301 (d). Construction Requirements Sec.80.108.(a)General.Buildings,or portions thereof,in which hazardous materials are stored,handled or used shall be constructed in accordance with the Building Code. 363 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Code Enforcement DIRECTOR: Michael Schmidt DATE REFERENCE NO. SUBJECT 03/22/93 10 Approve agreement with Collin County Community Supervision, and Corrections Department SUMMARY OF SUBJECT: The City would be able to utilize a work force to accomplish a lot of work with a small expenditure. The Collin County Community Supervision and Corrections Department has adults who need to perform community service work as part of their probation. Our Code Enforcement Officer has worked successfully with this group in the past and wishes to utilize this resource for Wylie. Collin County provides supervision for work targeted by Code Enforcement. Projects may include mowing, cleaning, tree trimming, trash removal and hauling, and painting for clean-up and/or beautification. The owners may be unable (example, physically impaired or elderly) 1 or unwilling to bring into compliance with City Codes. i This offers an additional alternative to remedying property problems. ALTERNATIVES: 1 - Approve contract with Collin County Community Supervision and Corrections Department. 2 - Deny contract and allow due process. This is not always the most viable alternative. 3 - Deny contract and contract work under limited budget restrictions. 4 - Allow property to remain "as is." 1 - ACTION REQUESTED: Approve contract allowing City Manager to sign. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Mowing Budget BUDGETED FISCAL YEAR(s): . . ' 92 - 93 ESTIMATED EXPENDITURE: $ 400 OVER/UNDER PROJECTIONS BY: PERSONNEL d OPERATIONS El ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ® OTHER COMMENTS: Expenditures for soft drinks, equipment USER DEPARTMENT COMMENTS: rental, and dump fees. , SUPPORTING DOCUMENTS: XXX LETTER xxxx BACKGROUND MEMO MINUTES ORDINANCE/RESOLUTION xxx OTHER Agreement C.I.P. XXX OTHER Application BUDGET WYLIE CODE MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: SECRETARY CITY MANAGER DIRECTOR OF PARKS/REC. __ CITY . DIRECTOR OF FINANCE _ DIR. OF PLANNING/ENG. LIBRARY DIRECTOR CITY ATTORNEY PUBLIC WORKS SUPR. POLICE CHIEF FIRE CHIEF . • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL 792TQ ___—_ C A ER City of Wylie AGENDA COMMUNICATION Prudence Kling Brady Snellgrove SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 03/17/93 11 Tax Refund-Overpayment of Taxes SUMMARY OF SUBJECT: The City received a check from Stewart Title Company to pay taxes on 28 accounts for the 1989 year. The check was for$6,965.38 for the full amount of base taxes, penalties and interest;however, FDIC had already paided the base amounts due on these accounts. All that was actually owed was just the penalties and interest. Therefore, the City owes Stewart Title Company$5,346.54 for the over-payment on these properties. Section 31.11 of the State Property Tax Code requires refunds in excess of$500.00 to be approved by the governing body. Please see attached documentation. ALTERNATIVES: 1)Refund the overpayment. 2) Table the request 3)Ask staff for additional research into this item. ACTION REQUESTED: Refund overpayment of$5,346.54 to the Stewart Title Company. *=� 00 CITY OF, VCTYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE, TEXAS 75098 214-442-2236 DATE: February 24 , 1993 TO: Prudence Kling , Tax Collector Assessor Brady Snellgrove , Finance Director FROM: Anita Collins a c RE: Refund of Overpayment. of Taxes Please place the attached refund for Stewart Title North Texas , Inc . in the amount of $5 ,346 .54 on the next agenda . Stewart Title submitted a check for $6 ,965 .38 for taxes on property for which they were closing . The FDIC had already paid the base amount on these accounts . Per David Berman at Nichols , Jackson , Kirk and Dillard , penalty , interest and collection fees are frozen as of the date the base is paid . There are no taxes due on any of these properties at this time . Section 31 .11 of the State Property Tax Code requires refunds in excess of $500 .00 to be approved by the governing body . Y p • • �w x nas CMtc •v010 ui t.W ►Rcsa+rIo.owPA.r[rr.. .M1�&ArR*WHIN SO DAY* STEwART TITLE NORTH TEXAS, INC. - � +1`- inter a..t.K,�a UNIT 301 ESCROW ACCOUNTS ( 0 9 35 3115 WEST PARKER. SUITE 250 01-0 003T9 ., PLANO. TEXAS 75023 (214) 596-4011 • PAY Six thousand nine hundred sixty five and 38/100 dollars G.F.NO. OAT[ TO THE CITY OF WYLIE TAX ASSESSOR C90500148 I 0 ' 9/93 **6, ' 5.38 ORDER OF" FIRST INTERSTATE BANK OF TEXAS, N A. CENTRAL OFFICE 7104till HOUSTON, TX 77253-3326 SPANISH PEARS RANCH N' 30 1 309 3 Su' 1: 1 i 30010641: PO 7000 3880" / � � . .71 G t � _i y•l City of Wylie AGENDA COMMUNICATION • SUbMIT?Eb HY: Code Enforcement DIRECTOR: Michael Schmidt • DATE REFERENCE NO. 03/22/93 _ Appointment of Health Officer SUMMARY OF SUBJECT: The City of Wylie needs to have a Health Officer, a licensed physician, in the event there is a need to consult for direction on communicable diseases and also in the event there is a need to quaranteen. State law in some instances requires the signature of a licensed physician. We are responsible for approximately 40 food service establishments in Wylie. Although we could rely on county staff, the fact that Wylie is in three counties can complicate matters. Our department feels Wylie should have our own referral source. fI This is a reappointment. AITERNA/1VES: 1 - Approve appointment of Dr. Ted Trimble as City of Wylie Health Officer. 2 - Deny request and utilize County Health Department's staff. 3 - Deny request and utilize City staff. • • • i ACTION REOUESTED: Two-year appointment of Dr. Ted Trimble, Texas License C2008, as the consulting Health Officer. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Code Enforcement Printing Budget See Comments • BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: . $ OVER/UNDER PROJECTIONS BY: PERSONNEL CI $ OPERATIONS CI ONE-TIME d , CAPITAL CI RECURRING L OTHER COMMENTS: USER DEPARTMENT COMMENTS: Emergency use only. , Emergency use only. • i SUPPORTING DOCUMENTS: MINUTES LETTER xxx C.I.P.BACKGROUND MEMO _ ORDINANCE/RESOLUTION _ OTHER B JD WYLIE CODE OTHER BUDGET BID TAB/SPECS — OTHER MAP, PLAN, SKETCH XXX LEGAL Vernon's Ann. Civil Statutes 121.001 - 121.025 MINUTES ' REVIEWED BY: CITY SECREtARY DIRECTOR OF PARKS/REC. — i CITY MANAGER LIBRARY DIRECTOR bIR. OF PLANNING/ENG. — DIRECTOR OF FINANCE CITY ATTORNEY PUBLIC WORKS SUPR. POLICE CHIEF FIR BUILDING OFFICIALE CHIEF • • DIRECTOR OF PUBLIC — WORKS i APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER . i MEMORANDUM TO : Steve Norwood City Manager THROUGH : Michael Schmidt I Building Offici FROM: Lynne Sharp Code Enforcement ' cer SUBJECT : Health Officer The City of Wylie needs to have a Health Officer , which must be a licensed medical doctor . The number of day cares and food service establishments in Wylie warrants having a doctor who can offer expert advise and possibly quarantine orders . Hopefully , these services will never be needed , but should be in place in the event we have an outbreak of a contagious disease . Could you assist us in procuring a local doctor to volunteer their services? cc : Paul Beaver //(J ` City Engineer ro00 EGT-A8 LI s E:wrS ,g_s,p b-koc82/ — /m // 4/2oe�2/F5 04 CA 2 2� ------ r"orq — 3 g /1 MEMORANDUM TO : Steve Norwood City Manager THROUGH : Michael Schmidt Building Offici�liILCJ FROM : Lynne Sharp Code Enforcement . cer SUBJECT : Health Officer The City of Wylie needs to have a Health Officer , which must be a licensed medical. doctor . The number of day cares and food service establishments in Wylie warrants having a doctor who can offer expert advise and possibly quarantine orders . Hopefully . these services will never be needed , but should he in place in the event we have an outbreak of a contagious disease . Could you assist us in procuring a local doctor to volunteer their services? )j.° r cc : Paul Beaver City Engineer ' F 3 i y: i i §:121:OOPS HEALTH AND SAFETYi-CODE i n. . TH' -, jj 'li Title 2: i r, "121 ` • Historical and Statutory Notes : 121.005. Prior Law: ., 1.... *. Acts 1983, 68th Leg., p. 798, ch. 190, § 1 "- j .1 •.1 `'.7 S s ti (a) A local 1 Vernon's Ann.Civ.St. art. 4436b, § 1.01. F r:;2 '' 1' . . __ ; ay become 1 .._ _ .-. .._.' :..,i__--. •_• . - ormation at I ' § 121.002. Definition 1 (b) To be al department, of In this chapter, "physician' means a person licensed to practice medicine by information re " '' the Texas State Board of Medical Examiners. Il, , . (1) service Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. t` (2) staffin . Historical and Statutory Notes (3) fundin l ) '(c) The, .dep; e 1 Prior Law: . Acts 1983, 68th Leg., p. 798, ch. 190, § 1. department, o '! ; Vernon's Ann.Civ.St. art. 4436b, § 1.03(8). services. (d) The boa] 1 ij § 121.003. Powers of Municipalities and Counties Acts 1989, 71st 1 (a) The governing body of a municipality or the commissioners•court of a j;;. : county may enforce any law that is reasonably necessary to protect the public Prior taw: `,` health. Acts 1983, 68th .!j Acts 1985, 69th t, (b) The governing bodies of municipalities and the commissioners courts of ,',1 counties may cooperate with one another in making necessary improvements § 121.006. and providing services to promote the public health in accordance with The s 1 Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes). (a) The gove i county, or the Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ordinances or f Historical and Statutory Notes ': (b) A munic health services Prior Law: Vernon's Ann.CivSt. art. 4436b, §§ 2.01; Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 2.02. municipality, c 1! or waiver of a• in part. Acts 1985, 69th Leg., ch. 539, § 2. § 121.004. Local Health Units (c) The Uni; 4413(32g), Ver A local health unit is a division of municipal or county government that `. Act control, if provides public health services but does not provide each service required of a public health c local health department under Section 121.032(a) or of a public health district services. under Section 121.043(a). s (d) In this s& Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. 1 (1) person (2) infecti, ;, Historical and Statutory Notes l ; (3) enviro: 1 j . Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 1.03(14); Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 4.09(a), (c). (4) public 1 ! : Acts 1985, 69th Leg., ch. 539, §§ 1; 7. (5) labors' 276 . RP° L6‘ Op C..,116.."-*" ' ( k ICY CODE, .1. HEALTH § 121.024 Title 2 " Ch. 121 SUBCHAPTER B. HEALTH AUTHORITIES § 121.021. Appointment The governing body of a municipality or the commissioners court of a 1 6. /. county that has not established a local health department or a public health , § 4.08. district may appoint a physician as health authority to administer state and local laws relating to public health in the municipality's or county's jurisdic- tion. i . )lic health Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical and Statutory Notes i ? i rector for Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 1.03(5); 1, anistrative r Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 2.03. ( and terms Acts 1985, 69th Leg., ch. 539; § 2. !rform the '• § 121.022. Qualifications j ose duties, 1 region in (a) A health authority must be: , (1) a competent physician with a reputable professional standing who is 1 legally qualified to practice medicine in this state; and the board a (2) a resident of this state. (b) To be qualified to serve as a health authority, the appointee must: (1) take and subscribe to the official oath; and (2) file a copy of the oath and appointment with the board. §§ 1.03(11), Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Historical and Statutory Notes , Prior Law: Vernon's Ann.Civ.St. art. 4436b, § 3.02(a), Acts 1983, 68th Leg., p. 798, ch. 190, § 1. (b). ' Acts 1985, 69th Leg., ch. 539, § 3. tf ies and for • • l: The corn- .' § 121.023. Term of Office ;,, :onference. A health authority serves for a term of two years and may be appointed to rred by its ' successive terms. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1; 1989. 1 Historical and Statutory Notes 1 . a Prior Law: -:_r ' Acts 1985,'69th Leg., ch. 539, § 3., Acts 1983, 68th Leg., p. 798, ch. 190, § 1. ,Vernon's Ann.Civ.St. art. 4436b, § .., . •. b, §§ 1.03(4); , , i'„ 121.024. Duties (a) A health authority is a state officer when performing duties prescribed j i by state law. ir.a',''r ,_., i,:r' 5". l (ir,i.'f SI'6i 65.:() 1 El zno:t::r2j 270' oo ' r, ' HEAL § 121:024 HEALTH AND sAFETsr►:coD , c�;:;a f i Tide x ',I 1 (b) A health authority shall:perform each duty that is L'2 } (1) necessary to implement and enforce a law to protect. the,public;, § 121 1 1 health; or a_ :., . The (2) prescribed by the board. r `' '. count; _ ! '. t # (c) The duties of a health authority include: ,, 1 Acts 1S ' (1) establishing, maintaining,'and enforcing quarantine in the health 1 authority's jurisdiction; • (2) aiding the board in relation to local quarantine,.inspection, disease Prior LActs a prevention and suppression, birth and death statistics, and general sanita- i1 tion in the health authority's jurisdiction; § 12] (3) reporting the presence of contagious,.infectious, and dangerous epi- demic diseases in the health authority's jurisdiction to the_board in'the (a) 1 manner and at the times prescribed by the board; the m (4) reporting to the board on any subject on which it is proper for the perfoi board to direct that a report be made; and (b) ' identi (5) aiding the board in the enforcement of the following in the health : 1I authority's jurisdiction: , provic (l 1 (A) proper rules, requirements, and ordinances; (2 (B) sanitation laws; (3 (C) quarantine rules; and ; hea (D) vital statistics collections. san 3 Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. (4 r (` Historical and Statutory Notes I Prior Law: Vernon's Ann.Civ.St. art. 4436b, §§ 3.01(a); , Acts 1983, 68th Leg., p. 798, ch. 190, § 1. 3.02(b). Acts 1• i, Acts 1985, 69th Leg., ch. 539, § 3. - - Prior 1 § 121.025. Removal From Office • , .• Acts S Acts A health authority may be removed from office for cause under the personnel procedures applicable to the heads of departments of the local § 12 government that the health authority serves. (a) i Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. count depai Historical and Statutory Notes • (b) Prior Law: ' depai 1 Acts 1983, 68th Leg., p. 798, ch. 190, § 1. authc Vernon's Ann.Civ.St. art. 4436b, § 3.02(c). I * (c) coun' [Sections 121.026 to 121.030 reserved for expansion] sectic i ! 280 4 t II II 1, ,