Ordinance 2007-23 ORDINANCE NO. 2007-23
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ZONING ORDINANCE NO. 2003-25, SECTION 2.5.4 (ACCESSORY
BUILDINGS) WITH CLARIFICATION THAT NO PRESSURE TREATED
WOOD IS PERMITTED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2003-25, Section 2.5.4
(Accessory Buildings) with clarification that no pressure treated wood is permitted; and
WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to
establish zoning districts within the city limits; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to
amend Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings) with clarification
that no pressure treated wood is permitted, should be amended as set forth in Exhibit A
(attached}.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS :
SECTION l: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
Ordinance No. 2007-23
Amending Zoning Ordinance 2003-25
Section 2.5.4 (Accessory Buildings)
SECTION 2: Amendment to Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory
~ BuildingL) with clarification that no pressure treated wood is permitted. Amendment to Zoning
Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings) with clarification that no pressure
treated wood is permitted, is hereby amended to read as shown in Exhibit A(attached):
SECTION 3: Savin~s/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No.
2001-48, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 4: Severabilitv: Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Penaltv Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
Ordinance No. 2007-23
Amending Zoning Ordinance 2003-25
Section 2.5.4 (Accessory Buildings)
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 24`h day of July, 2007.
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Jo ondy, M yor
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ATTESTED TO AND ~.~`~~~'~y ~•F• ~y~'~%
CORRECTLY RECORDED BY: _ ~ _
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Carole Ehr ch, City Secretary '~'~i,
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APPROVED AS TO FORM:
Abernathy, Roe er, Boyd & Joplm, P.C.
Julie Y. Fort
City Attorneys
Date of publication in The Wylie News - August 1, 2007
Ordinance No. 2007-23
Amending Zoning Ordinance 2003-25
Section 2.5.4 (Accessory Buildings)
EXHIBIT "A"
Accessory Building Ordinance
4. Accessory Buildings
a. Attached accessory buildings shall conform to the regulations applicable to the
main building to which they are attached. Attached buildings are defined as any
building sharing a common roof with the primary structure.
b. Detached accessory buildings shall be subject to all of the following regulations,
in addition to any other applicable regulations of this chapter. NOTE: Accessory
buildings in AG/30 zoning districts directly associated with the support of a bona
fide private agricultural use of the property have some differentiating
requirements noted separately under the various headings below.
1. Number of Buildings:
a. No more than two (2) accessory buildings may be placed on any
residential or commercial lot.
b. AG/30: The number of accessory buildings that may be placed on an
AG/30 lot is limited by lot coverage (see 4.b.2.b).
2. Size Limitations:
a. The combined floor area of all accessory buildings shall not exceed five
(5) percent of lot coverage or sixty (60) percent of the primary structure,
whichever is less. In no case shall the combined area of the primary
structure and accessory building(s) exceed the maximum percentage of
lot coverage allowed for the zoning district on which the structures are
placed.
b. AG/30: Barns and/or stables shall be limited in area to ten (10) percent of
lot coverage.
3. Setback Requirements:
a. Street: Accessory buildings shall not extend beyond a platted front, side
or rear building line adjacent to a street. If no building line exists
adjacent to a street on an approved plat, the building shall not be
located closer than ten (10) feet from the property line.
b. Easement: No accessory building shall be located within any easement.
c. Front: Accessory buildings shall not be located closer to the front
property line than the main building or the front yard setback
requirement for that zoning district, whichever is greater.
d. Side: Accessory buildings shall not be located closer then five (5) feet to
the side property line when the accessory building is located behind the
main building. When the accessory building is located in the side yard,
the setback for the accessory building will be the same as the setback
requirement for the main building.
EXHIBIT "A"
e. Rear: When the accessory building is a garage or carport with rear
access, the rear setback shall be a minimum of twenty (20) feet from
the property line. All other accessory buildings shall not be located
closer than five (5) feet to the rear property line.
f. Other Structures - Accessory buildings, other than carports, shall not be
located within five (5) feet of any other structure.
g. AG/30: Barns and/or stables shall not be located within fifty (50) feet of
any property line or dwelling.
4. Roof:
a. The minimum roof slope for all accessory buildings shall be 3:12, unless
the accessory building is prefabricated, pre-finished, and covers less
then two (2) percent of the lot or is a carport.
b. The color and materials of the roof of the accessory building must
closely resemble the color and materials of the roof of the main building,
unless the accessory building is prefabricated, pre-finished, and covers
less then two (2) percent of the lot or is a carport.
5. Exterior Walls:
a. Accessory buildings covering less than two (2) percent of the lot are
required to be constructed with exterior walls composed of inetal with a
baked-on enamel or vinyl finish, vinyl, wood building that is prefinished
and prefabricated, composite masonry fa~ade, or the same masonry
content required of the main structure.
b. Accessory buildings covering more than two (2) percent of the lot are
required to be constructed with exterior walls composed of composite
masonry farade material or the same masonry content required of the
main structure.
c. AG/30: Barns and stables located on property zoned Agricultural
(AG/30) are exempt from the masonry requirement for exterior walls.
d. No pressure treated wood is permitted as exterior finish.
6. Height:
a. Accessory buildings shall be limited to a height of not more than
fourteen (14) feet to the top of the roof.
b. AG/30: Accessory buildings shall be limited to a height of not more
than twenty (20) feet to the top of the roof.
7. NOTES:
a. AG/30: Commercial equestrian or rodeo arenas whether enclosed,
partially enclosed, or open air shall require a Specific Use Permit as
provided in section 5.4 "Special Use Permits" of this ordinance.
ti~: CB~S Media, inc.
~i~r ~farmc~~5bille ~Li~neS • Nluiphy Monitor • The Princeton Herald • The Sachse News • THE ~YLIE NE1~S
STATE OF TEXAS ~
COUNTY OF COLLIN
~'~,~~-e-~.-
}3efore ~ne, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie Netivs, a newspaper regularly published in Collin County, 'fexas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ordinance number 2007-23
was published in said newspaper on the following dates, to-wit: August l, 2007
Chad Engbrock, Publisher
~
Subscribed and sworn before me on this, the day of ~)V~l.- , 2007
to certify which witness my hand and seal of office.
Not ry Public in and fo?-
'The State of Texas
~
,R&y~¢~;'' p~ARY SWANK
" NOt~tY ~'ubhc;~ ~i0~~ ~f 'rexas ~ _ ~ ~ - ~ d ~ v
My Comr;7~s~~o~ t~t~'} ds My commission expires
~`~~~t' 8•pt~mbt>~ 2<., 2~.U
REC~fV~~
SEP 0 7 2007
F'~~~~~
Murph~ /Sachse/~Vylie Office • I 10 N. 13allard • P.O. Bo.r 369 • Wylie. TX 75098 • 97?-44?-5~ I S• f.~x 97?-=l1?-431 R
F.u~mcrsvillc/Nrinceton OfFice • 101 S. Main • P.Q I3ox 512 • Fanne~sville,TX 75~2 • 972-784-G397 • f~ix 972-782-7023
Page 6- Secdon B- C&S MEDIA PUBLICATIONS - August 1- 2, 2007
O
DINrA~NCE~,
NO. 2007-23
AN ORDWAAICE OF THE
CITY OF WYLIE, TEXAS,
AMENDING ZONING
ORDINANCE NO. 2003-
25, SECTION 2.5.4
(ACCESSORY BUILD-
INGS) WITH CLARIFICA-
TION THAT NO PRES-
SURE TREATED WOOD
IS PERMITTED; PROVID-
ING FOR A PENALTY
FOR THE VIOLATION OF
THIS ORDINANCE; PRO-
VIDING FOR REPEAL-
ING, SAVINGS AND SEV-
ERABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
John Mondy
Mayor
ATTEST:
Carole Ehr}ich,
City Secretazy
~ 11-1t-339-321i