Ordinance 2023-03 ORDINANCE NO. 2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING ORDINANCE NO. 2006-04 OF THE CITY OF WYLIE (THE
ZONING ORDINANCE, AS AMENDED), ARTICLE 5, USE REGULATIONS;
AMENDING CERTAIN REGULATIONS RELATING TO ACCESSORY, AND
TEMPORARY DEVELOPMENT STANDARDS OF DONATION BOXES IN THE
CITY OF WYLIE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING
CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; 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 Article 5, Use Regulations, of Ordinance No. 2006-04, the Zoning Ordinance, as
amended, to amend regulations relating to Accessory and Temporary Development Standards of Donation
Boxes in the City of Wylie; and
WHEREAS,the City Council finds that this Ordinance contains textual amendments to the Zoning
Ordinance that do not change zoning district boundaries,and therefore,written notice to individual property
owners is not legally required; and
WHEREAS, the City Council finds that all legal notices required for amending the Zoning
Ordinance have been given in the manner and form set forth by law,public hearings have been held on the
proposed amendments and all other requirements of notice have been fulfilled; and
WHEREAS,the City Council finds that it is in the best interests of Wylie and its citizens to amend
the Zoning Ordinance as set forth below,and that such amendments are in furtherance of the health,safety,
morals and general welfare of the Wylie community and the safe, orderly and healthful development of
Wylie.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2: Article 5, Use Regulations of Wylie's Zoning Ordinance, Ordinance No. 2006-04,
are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all
purposes.
SECTION 3: The Zoning Ordinance, 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Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the
repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if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: 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. The City Council hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof
Ordinance No.2023-03 Amending Ordinance No. 2006-04,Article 5 Use Regulations(ZC 2022-19) Page 1 of 2
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of
Wylie's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall be fined in an amount not exceeding Two Thousand Dollars($2,000.00). A violation of any
provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs.
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: This Ordinance shall become effective from and after its adoption and publication as
required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas,this 10th
day of January, 2023.
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Matthew Porter, Mayor
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Stephanie Storm,City Secretary , , i„ a1, , ,! it
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Ordinance No.2023-03 Amending Ordinance No.2006-04,Article 5 Use Regulations(ZC 2022-19) Page 2 of 2
IA!
"I
WYLIE ZONING ORDINANCE
SECTION 5.1 LAND USE CHARTS
Permitted Uses Residential Districts Non-Residential Districts Parking
Low High Density Commercial Industrial Mixed-Use
Density
J.Accessory Uses AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO
30 ED 20/ 10/
26 24
12.Accessory P P P None
Donation Box
1
P=Permitted P*=Permitted with additional requirements when located in this district.
S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required
Permitted Uses Residential Districts Non-Residential Districts Parking
Low High Density Commercial Industrial Mixed-Use
Density
K.Temporary AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO
Uses 30 ED 20/ 10/
26 24
2.Donation Box P P P
P=Permitted P*=Permitted with additional requirements when located in this district.
S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required
L
ARTICLE 5: USE REGULATIONS 70
WYLIE ZONING ORDINANCE
SECTION 5.2 LISTED USES
All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use
Charts.
J. Accessory Uses
12. Accessory Donation Box
a. Definition: Donation Box means a container for the collection of household items
generally accepted as resalable or reusable. The container may be manned or
unmanned.
b. Additional Provisions: Donation Boxes shall meet the following standards:
(1) Donation Boxes are permitted only in areas designated on the site plan filed with
the City. The City Planner shall have the authority to approve or disapprove the
addition of Donation Boxes exhibits when presented as an amendment to an
approved site plan of the primary use. The City Planner may waive this authority
and require consideration of the amendment by the Planning and Zoning
Commission.
(2) No more than one (1) donation box may be permitted for placement on any one
lot. In the case of a commercial or industrial development that consists of multiple
platted lots,the City Planner shall treat the commercial development as if it is one
contiguous lot. However, the City Planner can allow for more than one donation
box per development up to one box per five (5) acres.
(3) A decal to allow a Donation Box to be placed and used at a designated location
shall be issued by Community Services at the time of the approval of the Site Plan
or amendment.The decal shall be placed on the Donation Box in a visible location
to identify the Donation Box as an allowed use on the property, the operator's
name and contact information, and that all donations must fit into and be placed
within the Donation Box.
(4) The maximum dimensions of a Donation Box shall be ten (10) feet in width,
twelve (12) feet in depth and seven (7) feet in height. If the Donation Box is a
manned trailer the depth and height may be increased to twenty-four(24)feet and
eight(8) feet, respectively.
(5) Donation Boxes shall not be located in a required parking or loading space,
designated landscaping or open space, or required setbacks.
(6) Donation Boxes shall not be placed in the rear of a site, and if placed in the side
of a site must not be further back than the midpoint.
(7) The operator of each Donation Box shall keep the real property situated within
twenty-five (25) feet of the location of a Donation Box clean and free of trash,
debris, coat hangers, clothes, clothing accessories or excess donations. The
Donation Box shall be kept in good condition, free from damage and graffiti.
(8) A violation of any of these provisions shall constitute a public nuisance, and the
City shall have the authority to issue a violation notice, issue a ticket, or abate
ARTICLE 5: USE REGULATIONS 71
WYLIE ZONING ORDINANCE
any such violation as such as allowed under Article IV Section 54-66 of the City
of Wylie's Code of Ordinances. This provision does not exclude or limit the use
of any other remedy available to the City under this Ordinance, the Code of
Ordinances or the laws of the State of Texas.
(9) The requirements of this Subsection shall apply to all Donation Boxes regardless
of whether the boxes were placed prior to the effective date of these regulations,
except that any Donation Boxes existing on the effective date of these regulations
shall come into compliance with the requirements of this Subsection 5.2.H.11(1-
6) not later than six (6) months after the effective date of these regulations.
Donation Boxes existing on or before the effective date of these regulations shall
have no legally existing non-conforming rights and shall comply with the
requirements of SudSections 5.2.H.11(7-9) immediately.
K. Temporary Uses
2. Temporary Donation Box
a. Definition: Donation Box means a container for the collection of household items
generally accepted as resalable or reusable. The container may be manned or
unmanned.
b. Additional Provisions: Donation Boxes shall meet the following standards:
(1) Donation Boxes are permitted only in areas designated on the application filed
with the City.
(2) No more than one (1)donation box may be permitted for placement on any one
lot. In the case of a commercial or industrial development that consists of
multiple platted lots, the City Planner shall treat the shopping center or office
development as if it is one contiguous lot. However,the City Planner can allow
for more than one donation box per development up to one box per five (5)
acres.
(3) A decal to allow a Donation Box to be placed and used at a designated location
shall be issued by Community Services at the time of the approval of the
Temporary Use Permit. The decal shall be placed on the Donation Box in a
visible location to identify the Donation Box as an allowed use on the property,
the operator's name and contact information, and that all donations must fit into
and be placed within the Donation Box.
(4) The maximum dimensions of a Donation Box shall be ten (10) feet in width,
twelve (12) feet in depth and seven (7) feet in height. If the Donation Box is a
manned trailer the depth and height may be increased to twenty-four (24) feet
and eight(8) feet, respectively.
(5) Donation Boxes shall not be located in a required parking or loading space,
designated landscaping or open space, or required setbacks.
(6) Donation Boxes shall not be placed in the rear of a site,and if placed in the side
of a site must not be further back than the midpoint.
ARTICLE 5: USE REGULATIONS 72
/n
WYLIE ZONING ORDINANCE
(7) The operator of each Donation Box shall keep the real property situated within
twenty-five (25) feet of the location of a Donation Box clean and free of trash,
debris, coat hangers, clothes, clothing accessories or excess donations. The
Donation Box shall be kept in good condition, free from damage and graffiti.
(8) A violation of any of these provisions shall constitute a public nuisance,and the
City shall have the authority to issue a violation notice, issue a ticket, or abate
any such violation as such as allowed under Article IV Section 54-66 of the
City of Wylie's Code of Ordinances. This provision does not exclude or limit
the use of any other remedy available to the City under this Ordinance,the Code
of Ordinances or the laws of the State of Texas.
(9) The requirements of this Subsection shall apply to all Donation Boxes
regardless of whether the boxes were placed prior to the effective date of these
regulations, except that any Donation Boxes existing on the effective date of
these regulations shall come into compliance with the requirements of this
Subsection 5.2.H.11(1-6)not later than three(3)months after the effective date
of these regulations. Donation Boxes existing on or before the effective date of
these regulations shall have no legally existing non-conforming rights and shall
comply with the requirements of SubSections 5.2.H.11(7-9) immediately.
ARTICLE 5: USE REGULATIONS 73
C& Shr larorersbille Zruurs • Murphy Monitor • The Princeton Herald • i‘cSach.a News • THE WYLIE NEWS
E.media
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No. 2023-02 & Ordinance No. 2023-03
was published in said newspaper on the following date(s), to-wit:
January 18, 2023
Cw... ..,
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 19th day of January, 2023, to certify which
witness my hand and seal of office.
Notary Public for
The State of Texas
<�aY Pie SONIA A DUGGAN
�(,N Notary ID#126646343
+>�+r My Commission Expires My commission expires 08/12/2024.
forte August 12, 2024
Mu 1chy Sachse!Pi,5 lie Office• 110 N.Ballard•P O.Box 369•Wylie. IX 75098•972-4-42-5515
I imc rscille Prinecton Mice• 101 S.Main•P.O.Box 512•Farmcrsvillc,TX 75442•972-784-6 97
January 18-19,2023 3C
-
' CITY OF yVYLIE
Ordinance
Ordinance - No.2023-03
No.2023-02
An Ordinance of the
An Ordinance of the City Council of the
City of Wylie, Texas, City of Wylie, Texas,
amending the Com- Amending ordinance
prehensive Zoning No 2006-04 of the City
Ordinance of the. City of Wylie (the Zoning
of Wylie, as, hereto- i Ordinance, as amend-
fore amended, so as - ed), Article 5, Use
to change the zon-
ing on the hereinafter. ing certain regulations
- described property, relating to Accessory,
► Zoning Case Number and Temporary De-
r 2022-13, from Cpm- velopment Standards
1 mercial Corridor his- of' Donation Boxes i
r trict (CC) to Planned in the City of Wylie;
Development - �►- providing a penalty.
mercial Corridor (PD- clause, savings/repeal-
CC),to allow for com- savings/repeal-
. clause,severability
mercial developnpent; 1 clause and an effective.
providing fora penalty date;and providing for
l for the violation of this � thepublication of the
ordinance; providing - caption hereof:
for the repeal of all -
ordinances in conflict; 38-1t-66G
l providing a severabil- Le.±.____.
ity clause; and provid-
ing for an, effective
i date.