Ordinance 1981-05
ORDINANCE NO. ~
ZONING ORDINANCE
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Prepared by
J. T. Dunkin & Associates
Urban Planners and Landscape Architects
Garland, Texas
August, 1980
Financed
Through the
Department of Community Affairs
of the
State of Texas
CPA-TX-TDCA-1058
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CITY OF 'WYLIE
ZONING ORDINANCE
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Section
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5
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TABLE OF CONTENTS
Titl e
Page
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13
18
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41
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42
Enacting Clause . . . . .
Purpose . . . . . . . . .
Zoning Districts Established
Purpose of Zoning Districts .
Zoning District Map. . . . .
Zoning District Boundaries .
Annexed Territory Temporarily Zoned
Compliance Required. . . . . . .
Use of Land and Buil di ngs . . .
Schedule of Uses . . . . . .
Definitions and Explanations
New and Unlisted Uses
Planned Development District
Speci fi c Use Permits . . . .
Relationship of Use Regulations to Other Laws
Flood Plain Prefix to Zoning District
Area Regulations
Lot Area .
Lot Width
Lot Depth
Front Yard
Side Yard
Rear Yard. .
Maximum Lot Coverage and Floor Area Ratio
Height Regulations
Off Street Parking and Loading
Sign Regulations . . . . . . . .
Accessory Building Regulations
Special Area and Use Regulations
Creation of Building Site. . . . .
Platting Property Not Permanently Zoned
Completion of Building Under Construction
Certificate of Occupancy and Compliance Required
Nonconforming Uses and Structures . .
Board of Adjustment . . . . . . . . . .
Procedures for Changes and Amendments .
Penalty for Violations . . . . . . . .
Preserving Rights in Pending Litigation and Violations
Under Existing Ordinances
Val i d i ty . . . . . . . . . . . . . . .
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SECTION 1: ENACTING CLAUSE
1-100
The Comprehensive Zoning Ordinance of the City of Wylie, Texas, as
passed and approved by the City Council on the 24th day of April,
1962, together with all amendments thereof, is hereby repealed, and
that there be enacted in lieu thereof the following Comprehensive
Zoning Ordinance of the City of Wylie, together with a map creating
and delineating Zoning Districts, and to read as follows:
SECTION 2: PURPOSE
2-100
It is hereby declared to be the purpose and intent of the City Council
in enacting this ordinance that the zoning regulations and districts
as herein established have been made in accordance with a Comprehensive
Plan for the purpose of promoting the health, safety, morals, and general
welfare of the city. They have been designed to lessen the congestion
in the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, and other
public requirements. They have been made with reasonable consideration,
among other things, for the character of the district, and its peculiar
suitability for the particular uses specified; and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the City consistent with a Comprehensive Plan.
SECTION 3: ZONING DISTRICTS ESTABLISHED
3-100
The City of Wylie, Texas is herein divided into eleven (11) Zoning
Districts, with such Districts being of the shape and area deemed best
suited to carry out the purpose and intent of this Ordinance and with
uniform regulations and restrictions in each District for the erection,
construction, alteration, repair, and use of buildings, structures, and
land as herein set forth. The eleven (11) Districts herein established
shall be known and cited as:
Abbreviation
Zoning District
Agricultural District
Single Family Dwelling District-l
Single Family Dwelling District-2
Two Family Dwelling District
Multiple Family Dwelling District
Mobile Home District
Retail District
Business District-l
Business District-2
Industrial District
Planned Development District
Flood Plain Prefix
A
SF-l
SF-2
2F
MF
MH
R
B-1
B-2
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PD
FP
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SECTION 4: PURPOSE OF ZONING DISTRICTS
4-100
4-101
4-102
4-103
4-104
4-105
4-106
4-107
Each Zoning District herein established is provided for a specific
purpose and in accordance with a Comprehensive Plan for the location
of various types of uses throughout the City as follows:
A. Aqricultural District: This District provides for the continuance
of farming, ranching and gardening activities on land now utilized for
these purposes. Hhen land in the IIAII category is needed for urban
purposes, it is anticipated the zoning will be changed to the appro-
priate zoning categories to provide for orderly growth and development
in accordance with the Comprehensive Plan. Newly annexed territory
may be temporarily zoned as IIAII, Agricultural District until permanent
zoning is established.
Once land in an IIAII category has been placed into another District,
the intent of this ordinance is that such land shall not be changed
back to an IIAII category by any subsequent request for a change.
SF-I, Sinqle Family Dwelling District: The SF-l category provides for
a minimum residential building site of 8,000 square feet. Develop-
ments under this District will have a low density and development
characteristics similar to those now existing in most platted subdivi-
sions. .
SF-2, Sinqle Family Dwelling District: The SF-2 District will accomo-
date higher density residential developments with related churches,
public and private shcools, and open spaces. Single family detached
developments, such as patio, courtyard or cluster homes, which seek
minimum lot area requirements less than the SF-2 District, are to be
placed under the Planned Development District.
2F, Two Family Dwelling District: The 2F dwelling district is provided
for the purpose of permitting transitional residential development.
This district shall be used for two family structures and single family
attached structures.
MF, Multiple Family Dwellirg District: The MF District permits multi-
family developments of densities not to exceed fifteen (15) units per
acre. Regulations are designed to protect the residential character
and prevent overcrowding o~ the land by providing minimum standards for
building spacing, yards, he4ght, off-street parking, and lot coverage.
MH-Mobile Home District: ~e MH District establishes a category with
appropriate standards for :~e development and placement of mobile home
un its.
R, Retail: Retail develo~c2nts are intended to be developed under.the
standards of the Retail Dis:rict which set forth requirements for off-
street parking, building se:~ack, height and screening. Standards are
designed to permit a compc:~~le relationship between the retail develop-
ment and adjacent residen:~=l areas.
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4-108
4-109
4-110
4-111
4-112
B-1, Business District-I: The B-1 District accomodates service and
commercial uses which by their nature of operation of use are generally
not compatible with the retail functions. Uses in the B-1 category will
normally be in an enclosed structure or building.
B-2, Business District-2: A use which requires considerable space for
display, sales or open storage, or by the nature of the use is generally
not compatible with uses in the B-1 District, are located in the B-2
Business District.
I, Industrial District: The Industrial District is characterized by
industrial development of warehousing, distribution, manufacturing and
non-manufacturing industrial uses. Industrial uses which are compatible
when special consideration is given to the design and operational
characteristics of the use are listed.
PD, Planned Development District: The PD, Planned Development District
provides a zoning category for the planning and development of larger
tracts of land for a single or combination of uses requiring flexibility
and variety in design to achieve orderly development with due respect to
the protection of surrounding property. Uses, or a combination of uses,
include residential, retail, office, medical, and industrial areas.
FP-Flood Plain Prefix: Zoning Districts located in low lying flood
plain areas along major streams which are subject to periodic inunda-
tion may be preceded by the prefix FP, indicating a sub-district.
Areas designated FP may be used only for those uses listed in the
provisions of Section 9-800 until the area or any portion thereof
located in FP sub-district has been approved by the City Council.
Approval shall only be given after engineering studies determine that
the area or any portion thereof is suitable for uses in the District
and building construction or development would not create an obstruction
to drainage nor a hazard to life or property and that such construction
is not contrary to the public interest.
SECTION 5: ZONING DISTRICT MAP
5-100
5-101
The boundaries of the Zoning Districts set out herein are delineated
upon the Zoning District Map of the City of Wylie, said Map being a
part of this Ordinance as fully as if the same were set forth herein
in detail.
Two (2) original official and identical copies of the Zoning District
Map are hereby adopted being the signature of the t1ayor and the attesta-
tion of the City Secretary and shall be filed and maintained as follows:
1. One copy shall be filed with the City Secretary and retained as the
original record and shall not be changed in any manner.
2. One copy shall be filed with the Building Official and shall be
maintained up-to-date by posting thereon all changes and subse-
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quent amendments for observation in issuing Building Permits,
Certificates of Occupancy and Compliance, and for enforcing the
Zoning Ordinance.
3. Reproduction for public distribution may be periodically made of
the Zoning District Map.
SECTION 6: ZONING DISTRICT BOUNDARIES
6-100
6-101
6-102
6-103
6-104
6-105
6-106
6-107
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The District Boundary Lines shown on the Zoning District Maps are
usually along streets, alleys, property lines, or extensions thereof~
Where uncertainty exists as to boundaries of Districts as shown on the
official Zoning Map, the following rules shall apply:
Boundaries indicated as approximately following the centerlines of
streets, highways or alleys shall be construed to follow such center-
lines.
Boundaries indicated as approximately following platted lot lines shall
be construed as following such lines.
Boundaries indicated as approximately following city limits shall be
construed as following city limits.
Boundaries indicated as following railroad rights-of-way shall be
construed to be the line midway between the rights-of-way lines or
boundaries.
Boundaries indicated as approximately following stream or creek center-
lines shall be construed as following such centerlines.
Boundaries indicated as parallel to or extensions of features indicated
in 6-101 through 6-105 above shall be so construed. Distances not
specifically indicated on the original Zoning Maps shall be determined
by the scale of the Map.
Whenever any street, alley or other public way is vacated by official
action of the City Councilor whenever such area is franchised for
building purposes, the Zoning District line adjoining each side of such
street, alley or other public way shall be automatically extended to the
centerline of such vacated street, alley or way and all area so involved
shall then and henceforth be subject to all regulations of the extended
districts.
Where physical features on the ground are at variance with boundaries
shown on the official Zoning District Map, or when the interpretation for
the zoning of a parcel of property cannot be resolved by the application
of subsections 6-101 through 6-107, the property shall be considered as
"A", Agricultural District temporarily in the same manner as provided for
newly annexed territory, and the issuance of a building permit and the
determination of permanent zoning shall be in accordance with the pro-
visions provided in Section 7 for temporarily zoned areas.
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SECTION 7: ANNEXED TERRITORY TEMPORARILY ZONED
7-100
7-101
7 -1 02
All territory hereinafter annexed to the City of Wylie shall be tempor-
arily classified in the "A" Agricultural District until permanent zoning
classifications are given the area by the City Council after public
hearing.
The procedure for establishing the permanent zoning on any annexed terri-
tory shall be the same as is provided by law for amendment to the Zoning
Ordinance.
In an area temporarily classified as "A", Agricultural District
1. No person shall erect, construct or proceed or continue with the
erection or construction of any building or structure or add to any
building or structure or cause the same to be done in any newly annexed
territory to the City of Wylie without first applying for and obtain-
ing a Building Permit or Certificate of Occupancy therefore from the
Building Official or the City Council as may be required herein.
2. No permit for the construction of a building or use of land shall be
issued by the Building Official other than a permit which will allow
the construction of a building permitted in the "All, Agricultural
District, unless and until such territory has been classified in a
zoning district other :than the IIAII, Agricultural Districtt by the
City Council in the manner provided by law except as provided in
subsection 3 following.
3. An application for a permit for any use other than that specified in
paragraph 2 above shall be made to the Building Official of the City
of Wylie and by him referred to the Planning and Zoning Commission
for consideration and recommendation to the City Council. The Plan-
ning and Zoning Commission, in making its recommendation to the City
Council concerning any such permit, shall take into consideration
the appropriate land use for the area and the Land Use Plan for the
City of Wylie. The City Council, after receiving and reviewing the
recommendations of the Planning and Zoning Commission may, by major-
ity vote, authorize the issuance of a Building Permit or Certificate
of Occupancy or may disapprove the application as their findings may
indicate appropriate in the public interest.
SECTION 8: COMPLIANCE REQUIRED
8-100
All land, buildings, structures or appurtenances thereon located
within the City of Wylie, Texas, which are hereinafter occupied, used,
erected, altered or converted shall be used, placed and erected in con-
formance with the zoning regulations prescribed for the Zoning District
in which such land or building is located as hereinafter provided.
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SECTION 9: USE OF LAND AND BUILDINGS
9-100
9-200
Land and buildings in each of the Zoning Districts may be used for any
of the listed uses but no land shall hereafter be used, and no building
erected, altered or converted which is arranged or designed or used for
other than those uses specified as permitted uses in the District in
which it is located according to the following Use Schedule and in
accordance with the provisions of the following sections of this Ordi- .
nance.
SCHEDULE OF USES
r===J Not permitted
II1II Permitted
. Specific Use (see section 9-600)
(00) Number following use defined use in Section 9-300
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SCHEDULE OF USES
TYPE OF USE
9-201
PRIMARY
RESIDENTIAL USES
lng,
lng,
Boarding or Rooming House (5)
Mobile Home Park (6)
Hote 1 or Motel (7)
Mobile Home (6a)
9-202
ACCESSORY AND
INCIDENTAL USES
(9)
Farm Accessory Building (10)
Guest House, Detached (11)
Stable, Private (12)
Private (13)
or Construction
Home Occupation (15)
Tennis Court, Private
9-203
UT I L ITY AN D
SERVICE USES
Electric Substation
Electrical Transmission Line
Fi re Stat ion
Gas Line and Regulating Station
Local Util ity Line (16)
Ra 10, T Ision or Microwave
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SCHEDULE OF USES
TYPE OF USE
9-203
UTILITY AND SERVICE USES,
CONTINUED
A
9-204
EDUCATION, INSTITUTIONAL,
SPECIAL USES
AI~9~)~' e Iport or an Ing
Cemetery or Mausoleum
Church or Rectory (20)
Private School (21)
Day ursery, ay ~mp or
Kindergarten ~22)
Farm, Ranch or Orchard (23)
. .....
...........
9-205
RECREATION, ENTERTAINMENT
AND SOCIAL USES
Co me cial Amusements, Indoor
cO(3Tfc1al Amusements, ut oor
Golf Course, Publ ic (32) 4t
Theatre, Indoor
Theatre, Drive-In
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Shop
9-208
PLANTS, PETS, ANIMALS AND
RELATED USES
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or Greenhouse (45)
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SCHEDULE OF USES
TYPE OF USE
9-206
SIGN AND IDENTIFICATION
USES
Advertising Sign (34)
Agricultural Sign (35)
Apartment Sign (36)
Construction Sign (37)
Development Sign (38)
General Business Sign (39)
Institutional Sign (40)
N a me P 1 ate ( 41)
Real Estate Sign (42)
9-207
OFFICE, FINANCIAL AND
PROFESSIONAL USES
Bank or Savings and Loan
Cl inic, Medical or Dental (43)
Laboratory, Medical or Dental
Ittlng an
or Funeral Home
General
eramlcs
SCHEDULE OF USES
TYPE OF USE
9-209
RETAIL SALES AND PERSONAL
SERVICE, CONTINUED
Tool Rental, ,lnside,Only
Tool and Trailer Kental, Outside
~torage
9-210
MOTOR VEHICLES AND
RELATED SERVICE USES
Auto Laundry
Aut? Glass, Muffler, Seat Cover
Shf"'ln
Auto Parts and Accessories, New
Auto, Motorcycle Sales, New or
__ _Ilc;';d ___I ndonr
Auto,~\otorcycle Sales, New or
Used. Outdoor .
Auto Repair Garage
Auto Painting and Body Shop
l;asollne, ::>ervlce ::>tatlon, Car
Care Center
Auto Storage or Sales Lot
Mobile Home Sales
Truck Parking Lot or Garage
9-211
STORAGE, PROCESSING AND
COMMERCIAL USES
Bus Station
Ba\5.erv 9nd .C.onfect I on~ry,
BottI Ino Works Wholesale
Building Material Sales (51)
Dr){ Cleanlno or Laundry,
c.ommerclaT
RaQlo,..Tel~vjslon, Appl lance
Rena I r (..,2)
Furniture ~erair and Upholstery
Cabinet Shop
Engine or Motor Repair
Machinery Sales, Service
Machine or Welding Shop
Job ~rll)tlngl Lithographer or
Prlntlna Pant
Motor Freight Terminal
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A 1 2 2F ~.1F MH R B-1 B-2 I PD
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Yard
2F ~.1F MH R B-1 -
SCHEDULE OF USES
TYPE OF USE
9-211
STORAGE, PROCESSING AND
COMMERCIAL USES, CONTINUED
Lumber Yard
Newspaper and Commercial Printing
Open Storage, Enclosed
umbl~g! H~atlng,
9-212
INDUSTRIAL AND MANUFACTURING
USES
(54)
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9-300 DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE SCHEDULE: The following
definitions and explanatory notes supplement, restrict and define the
meaning and intent of the use regulations set forth in Sections 9-201
through 9-212.
1. Single Family Dwelling (detached) - A detached building located
on a platted lot or separate building site which is designed for
and occupied by not more than one (1) family.
2. Single Family Dwelling (attached) - A building located on a platted
lot or separate building site which is designed for and occupied
by not more than one (1) family and which is attached by one or
more common wall(s) to another similar single family dwelling
unit. An attached dwelling shall be designed to permit separation
from an adjoining dwelling in the event either dwelling is caused to
be removed. (See Section 10-501 (4) for maximum length of detached
structure. )
3. Two Family Dwelling - A single detached building located on a platted
lot or building site designed for and occupied by not more than
two (2) families.
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Multiple Family DwellinR - Any building or portion th~reof, which
is designed, built, rented, leased or let to be occupled as three
or more dwelling units or apartments or which is occupied as a
home or place of residence by three or more families living in
independent dwelling units.
Boarding or Rooming House - A building, other than a hotel or
multiple family dwelling, where lodging is provided for five or
more persons for compensation, where meals mayor may not be
served and where facilities for food preparation are not pro-
vided in individual rooms.
5.
6.
Mobile Home Park - A tract or parcel of land used to accomodate
mobile home units and accessory structures as a semi-permanent
place of residence.
(a.) Manufactured Mobile Home - tMobile hornet means a structure,
transportable in one or more sections, which is eight body
feet or more in width and is 32 body feet or more in length,
and which is built on a permanent chassis designed to be
used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems
contained therein and is under the jurisdiction of the Texas
Department of Labor Standards.
Motel or Hotel _ A building or group of buildings designed for and
occupled as a temporary abiding place of individuals and providing
twenty (20) or more room units with customary hotel services such
as linen, maid service, telephone and upkeep of furniture.
7.
8.
Accessory Building (residential) - A subordinate building detached
from the maln bUllding and used for purposes customarily incidental
to the residential occupancy of the main building and not involving
the conduct of a business or the sale of a service. Accessory
buildings include but are not limited to an automobile storage
garage, laundry room, garden shelter, hobby room and mechanical
room.
9.
Community Center (private) - A building or group or rooms designed
and used as an lntegral part of a residential project by the
tenants of such a project for a place of meeting, recreation or
social activity and under the management and unified control of
13.
the operators of the project. A Private Community Center shall
not be operated as a place of public meetings, or as a business,
nor shall the operation of such facility create noise, odor or
similar conditions perceptible beyond the bounding property line
of the project site.
10. Farm Accessory Building - An accessory structure on a tract quali-
fying as a farm as herein defined for storing or housing the
usual projects and animals raised or maintained on a farm, such as
a barn, poultry house, stable, machinery shed or granary. No
structure housing animals or poultry shall be located nearer than
one hundred (100) feet to the bounding property lines of the farm
tract.
11. Guest House (detached) - A secondary structure on a lot or tract
containing dwelling accommodations but excluding kitchen facilities
and separate utility services or meters and intended for the
temporary occupancy by guests and not for rent or permanent
occupancy.
12. Stable (private) - An accessory building set back from adjacent
property lines a minimum distance of one hundred (100) feet and
used for quartering horses, not to exceed one (1) horse per half
acre of the area of a farm or lot.
13. Swimming Pool (private) -- A swimming pool constructed for the
exclusive use of the residents of a single family, two-family or
apartment dwelling and located within the required side or rear
yards; however, they shall not be located closer than five (5)
feet to any property line.
14. Temporary Field or Construction Office - Temporary office build-
ings and temporary building material storage areas to be used
solely for construction purposes in connection with the property
on which they are erected may be permitted for a specified period
of time in accordance with a permit issued by the Building Official.
15. Home Occupation - An occupation customarily carried on in the home
by a member of the occupant's family, being incidental to the
primary occupancy of the home as a dwelling, without the offering,
display or advertising of any commodity or service for sale on
the premises, without the employment of any persons other than a
member of the immediate family, without the use of any sign,
lighting or display, without the use of other than normal domestic
or household equipment or appliances, and the conduct of which does
not generate noise, odor, fumes, vibration or any other condition
visible, obnoxious or detrimental to abutting or adjacent properties.
16. Local Utility Line - The usual electric power, telephone, gas,
water, sewer, and drainage lines designed and constructed by the
municipality or a franchised utility company to serve a community
with urban type services.
17. Radio, Television or Micro-Wave Towers - Structures supporting
antennae for transmitting or receiving any portion of the radio
spectrum but excluding noncommercial antennae installations for
home use of radio or television. 14
18. Public or Private Utility Shop or Maintenance - Material storage
shop buildings, maintenance area or similar related use area for
either a public or private utility company.
19. Telephone Exchange, Switching and Transmitting Equipment Only -
A switching or transmitting station owned by a public utility but
not including business office facilities, storage or repair
shops or yards.
20. Church or Rectory - A place of assembly and worship by a recognized
religion including synagogues, temples, churches, instruction rooms
and the place of residence for ministers, priests, rabbis, teachers
and directors on the premises.
21. Private School - An academic institution other than a public or
parochial elementary or secondary school, including private elemen-
tary and secondary schools and institutions of higher learning.
22. Da Nurser, Da Cam or Kinder arten School - An establishment
where four 4 or more children are left for care or training
during the day or portion thereof including a recreation area
with or without a building where children engage in supervised
training or recreation during daylight hours.
23. Farm, Ranch, Garden or Orchard - An area of five (5) acres or
more which is used for growing of usual farm products, vegetables,
fruits, trees and grain and for the raising thereon of the usual
farm poultry and farm animals such as horses, cattle and sheep and
including the necessary accessory uses for raising, treating and
storing products raised on the premises, but not including the
commercial feeding of offal or garbage to swine or other animals
and not including any type of agriculture or husbandry specifically
prohibited by ordinance or law.
24. Hospital (general acute care) - An institution where sick or
injured patients are given medical or surgical treatment intended
to restore them to health and an active life and which is licensed
by the State of Texas.
25. Hospital (chronic care) - An institution where those persons
suffering from generally permanent types of illness, injury,
deformity, deficiency or age are given care and treatment on a
prolonged or permanent basis and which is licensed by the State of
Texas.
26. Library, Art Gallery or Museum (public) - Any institution for the
loan or display of books, objects of art or science which is
sponsored by a public or responsible quasi-public agency and which
institution is open and available to the general public.
27. Nursing Home or Residence Home for Aged"- A place of residence or
care for persons suffering from infirmities of age or illness
where care is provided on a prolonged or permanent basis. This
term shall include a convalescent home.
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28. School, Commercial Trade or Craft - A business operating for
profit and offering instruction and training in a trade such as
welding, brick laying, machinery operation and other similar
manual trades.
29. School, Public or Denominational - A school and customary accessory
uses under the sponsorship of a public or religious agency having
a curriculum generally equivalent to public, elementary or secondary
schools, but not including private, trade or commercial schools.
30. Commercial Amusement (Indoor) - An amusement enterprise wholly
enclosed and operated within an acoustically treated building
such as a bowling alley or pool hall.
31. Commercial Amusement (Outdoor) - Any amusement enterprise offering
entertainment to general public such as golf driving range, pitch
and putt course, archery, miniature golf and similar outdoor
activities but not including go-cart racing, drag strips, auto
racing or motorcycle racing.
32. Golf Course - A golf course owned or controlled by a public agency
such as the municipal Park Department and operated for the benefit
of the public.
33. Club, Private - A club room or suite of rooms or a building avail-
able to restricted membership for meetings, dining and entertain-
ment. Such facilities may include a private tennis court, swimming
pool or similar recreation facilities, none of which are available
to the general public.
34. Advertising Sign - A sign which is usually a primary use of land
and which promotes and advertises commodities or services not
limited to being offered on the premises on which such signs are
located.
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35. Agricultural Sign - An accessory sign identifying the farm or
ranch on which it is placed and advertising the produce, crops,
animals or poultry raised or quartered thereon.
36. Apartment Sign - An accessory sign for the identification of an
apartment building or complex of apartment buildings.
37. Construction Sign - A temporary accessory sign identifying the
property owner, architect, contractor, engineer, landscape archi-
tect, decorator or mortgagee engaged in the design, construction
or improvement of the premises on which the sign is located.
38. Development Sign - Promotional signs pertaining to the development
of land or construction of buildings, erected on private property
upon approval of the Building Inspector and subject to removal
on ~rder of the Building Inspector.
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39. General Business Sign - An accessory sign or graphic device
which advertises only commodities or service offered on the premises
where such signs are located and where such sign is not of the bill-
board, poster panel or painted bulletin type but is a sign designed
specifically for the location.
40. Institutional Sign - Name plates and bulletin boards and accessory
signs for identity of schools and churches, hospitals and similar
public or quasi-public institutions.
41. Name Plate - An accessory sign showing only the name and address
of the owner or occupant of the premises on which it is erected or
placed.
42. Real Estate Sign - A temporary accessory sign pertaining to the
sale or rental of property and advertising property only for use
for which it is legally zoned.
43. Clinic, Medical or Dental - Facilities for examining, consulting
with and treating patients including offices, laboratories and
outpatient facilities but not including hospital beds and rooms for
acute or chronic care.
44. Studio: Art, Music, Ceramics, Drama, Speech, Dance and Similar
Skills - A building or rooms in a building used for the instructing,
coaching or counseling in drama, speech, dance or similar personal
skills or arts.
45. Plant Nursery or Greenhouse - Retail or wholesale sales of plant
materials and supplies either enclosed in a building, lath house,
or in the open and with related storage of equipment for landscape
contracting.
46. Stable, Commercial - A structure housing horses which are boarded
or rented to the.public or any stable other than a private stable;
but not including a sales barn, auction or similar trading activity.
47. Eating Place Without Drive-In or Curb Service - Any eating
establishment, cafeteria, restaurant or inn where food service is
offered to customers not in automobiles.
48. Eating Place with Drive-In or Curb Service - An establishment
offering food for sale to customers in automobiles and parking
space is provided on premise for consumption of food in automobiles.
49. Second Hand Store, Furniture or Clothing - An establishment offering
for sale used merchandise with the storage and display of such
items wholly located inside a building or structure.
50. Quick-Service Food or Beverage Shop - An establishment offering
food or beverage to customers either through an automobile pick-
up window or a walk-up window, and with eating space provided
within the building.
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9-400
51. Building Material Sales - The sale of new building materials and
supplies indoors with related sales for hardware, carpet, plants,
electrical and plumbing supplies all of which is oriented to the
homeowner.
52. Radio, T.V. and Appliance Repair - A shop for the repair of house-
hold and home equipment, such as electrical appliances, lawn
mowers, tools and similar items where all such items are stored
within a building.
53. Light Fabrication and Assembly Processes - Including but not
limited to the manufacture of jewelry, trimming decorations,
signs and any similar item not involving the generation of noise,
odor, vibration, dust or hazard.
54. Manufacturing Processes ~ Uses restricted from other Zoning
Districts but permitted in the I District under this definition
are manufacturing and industrial uses which do not emit dust,
smoke, odor, gas, fumes, or present a possible hazard beyond the
bounding property lines of the lot or tract upon which the use or
uses are located, and which do not generate noise or vibration at
the boundary of the lot or tract which is generally perceptible in
frequency or pressure above the ambient level of noise in the
adjacent areas.
55. Other Manufacturing and Industrial Use - Uses which do not meet
the general definition for Manufacturing Processes (54) may be
permitted by the City Council after public hearing and review of
the operational characteristics and other pertinent data affecting
the community's general welfare. Approval of uses under this
definition shall be made in accordance with Section 9-600 through
9-605 Specific Use Permits.
NEW AND UNLISTED USES: CLASSIFICATION OF LAND USES EITHER NEW OR NOT
SIMILAR TO THOSE LISTED IN THE SCHEDULE OF USES, SECTION 9-200, CAN BE
EXPECTED IN THE AD~1INISTRATION OF THIS ORDINANCE. THE FOLLOWING PROCE-
DURE IS HEREBY SET FORTH TO BE FOLLOWED WHEN DETERMINING THE APPROPRIATE
CLASSIFICATION OF ANY NEW OR UNLISTED LAND USE:
1. All questions concerning the classification of new or unlisted uses
shall be referred to the Planning and Zoning Commission by the
Building Official for an interpretation as to the zoning classifi-
cation into which such use should be placed. The referral of the
use interpretation question shall be accompanied by a statement of
facts listing the nature of the use and whether it involves dwelling
activity, sales, processing, type of product, storage and amount and
nature therof, enclosed or o~en storage, anticipated employment,
transportation requirements, nature and time of occupancy or opera-
tion of the premises, the amount of noise, odor, fumes, dust,
toxic material and vibration likely to be generated and the requi.re-
ments for public utilities such as sanitary sewer and water.
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2. The Planning and Zoning Commission shall consider the nature and
described performance of the proposed use and its compatibility
with the uses permitted in the various districts and determine the
zoning district or districts within which such use should be
permitted.
3. The Planning and Zoning Commission shall transmit its findings
and recommendation as to the classification of any new or unlisted
use to the City Council who may by resolution approve the recommend-
ation of the Planning and Zoning Commission or make such determina-
tion concerning the classification of such use as it determines
appropriate.
4. A revised use list including all additions made to the uses permitted
in the several zoning classifications shall be published periodically.
PLANNED DEVELOPMENT DISTRICT: A PLANNED DEVELOPMENT DISTRICT MAY BE
APPROVED BY THE CITY COUNCIl FOR A SITE OF THREE ACRES OR MORE FOR
ANY USE, OR COMBINATION OF USES AS INDICATED FOR THE PO DISTRICT IN THE
USE SCHEDULE, 9-201 THROUGH 9-212 AND IN ACCORDANCE WITH THE FOLLOWING
PROCEDURE:
1. An application for establishing a Planned Development District
shall be made to the City Council in the same manner that an
application for any amendment is made to the Zoning Ordinance.
2. A site plan of the development shall be required and accompany an
application for a PD District. The site plan approved by the Ci-ty
Council shall be filed as part of the amending Planned Development
Ordinance prior to the issuance of any building permit.
3.
The site plan for a Planned Development District shall show, when
applicable, those features of the development set forth in Section
9-501.
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9-501 Planned Development Guidelines and Standards: The site plan for the
planned development shall be a scale drawing or drawings indicating
the intent of the development. The plan shall show, when applicable,
the following:
1. An accurate survey of the boundary of the tract with topography
at not less than a five foot contour interval and any major physi-
cal features, such as tree masses and bUildings.
2. A land use plan delineating specific use areas when multiple types
of land use are proposed.
3. Proposed location and width of public streets and alleys, private
streets, ingress and egress to the site, off-street parking plan
and parking ratio, off-street loading, and any proposed residential
platting with minimum standards for lot area, width, depth, cover-
age and yard areas proposed.
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9-502
9-503
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4. Location of buildings, other than single family use showing
minimum distance between buildings, minimum distance between
buildings and property lines, building height, lot coverage and
area, and floor area ratio.
5. Designation of any proposed public open spaces, private open
space area and proposed utilization of open space.
6. Proposed screening walls, fences, and other protective proposals
to adjacent properties or within the Planned Development.
7. A landscape plan may be required.
8. Additional data may be requested by the Planning Commission or
City Council if deemed necessary to fully evaluate a Planned
Development application and may include data pertaining to utility
services, drainage and the anticipated development schedule.
The amending Planned Development Ordinance and site plan shall be
referenced on the Zoning District Map. Changes in the site plan
shall be considered the same as chnages in the Zoning District Map
and shall be processed as set forth in Section 22, AMENDMENTS; however,
changes in details on the site plan which do not alter the basic rela-
tionship of the proposed development to adjacent property and which do
not alter the uses permitted or.increase the density, floor area ratio,
height of building, coverage of site, or do not decrease off-street
parking ratio, or yards provided at boundaries of site as indicated on
the approved site plan may be altered as an administrative change with-
out an amendment by the Planning and Zoning Commission. An appeal to
the City Council may be made by and applicant concerning the decision
of the Planning and Zoning Commission as to whether amendment to the
Planned Deveopment District Ordinance shall be required.
Every Planned Development District approved under the provisions of
this Ordinance shall be considered as an amendment to the Ordinance as
applicable to the property involved. In the zoning administration of
a Planned Development District, the development conditions imposed by
the amending ordinance and accompanying site plan shall be complied
with before a Certificate of Occupancy is issued for the use of the
land or any structure which is part of the Planned Development and such
conditions shall not be construed as conditions precedent to the approval
of the zoning amendment, but shall be construed as conditions precedent
to the issuance of a Certificate of Occupancy as required by this
Ordinance.
Specific Use Permits: The City Council may, after public hearing and
recommendation by the Planning and Zoning Commission as set forth in
Section 23, AMENDMENTS, authorize the issuance of a SPECIFIC USE
PERMIT for uses in indicated by Ittl in the Use Schedule, Section 9-201
through 9-212.
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9-601
9-602
9-603
9-604
9-605
9-606
9-700
The designation of a Specific Use Permit as indicated in Sections
9-201 through 9-212 does not constitute an authorization or an assur-
ance that such use will be permitted in the District indicated.
Each Specific Use application shall be evaluated with regard to its
probable effect on surrounding property and the community welfare,
and may be approved or denied as determined by the findings of the
Planning and Zoning Commission, and City Council for the parcel under
consideration.
In considering and determining its recommendation to the City Council
relative to any application for a Specific Use Permit, the Planning
and Zoning Commission requires that the applicant furnish plans and
data concerning the operation, location, function and characteristics
of any use of land or building proposed.
The Planning and Zoning Commission may recommend to the City Council
that certain safeguards and conditions concerning setbacks, ingress
and egress, off-street parking and loading arrangement, location or
construction of buildings and uses and operation be required.
The City Council may in the interest of the public welfare and to
assure compliance with the intent of this Ordinance, require such
development standards and operational conditions and safeguards as
are indicated to be important to the welfare and protection of adjacent
property and the community as a whole be made a part of the amending
ordinance.
A site plan setting forth the conditions specified is required of
the applicant and such plan when accepted shall be made part of the
amending ordinance.
A Specific Use Permit approved under the prOV1Slons of this ordinance
shall be considered as an amendment to the Zoning Ordinance as applicable
to the property involved. Any of the conditions contained in a Specific
Use Permit shall not be construed as conditions precedent to the approval
of the zoning amendment, but shall be considered as conditions precedent
to the granting of a Certificate of Occupancy~aod Compliance for the
specific use provided for.
A special use permit for a single family residence in a B-1 or B-2
District shall meet all of the requirements for lot area, set backs,
side-yard and rear-yard as required in the SF-1 District.
Relationship of Use Regulations to Other Laws: Whenever regulations
or restrictions lmposed by thlS Ordlnance are either more or less
restrictive than regulations imposed by any governmental authority
throu~h ~egislation, rule or regulation, the regualtions, rules or
restrlctlons which are more restrictive or impose higher standards or
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')",7'
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9-800
9-801
9-802
9-803
;,~;
requirements shall govern. Regardless of any other provlslon of this
Ordinance, no land shall be used and no structure erected or maintained
in violation of any State of Federal pollution control or environmental
protection law or regulation.
Flood Plain Prefix to Zoning District: Portions of various Districts
on the Zoning District Map have a IIFplI prefix and are separately
identified designating those areas which are subject to periodic
inundation and presenting a flood hazard to normal utilization of the
land for uses listed under the District to which the prefix is attached.
To promote the health, safety and general welfare of the community,
land areas designated with the flood plain prefix shall be governed by
the following provisions:
1. Permitted uses in porti ons of Di stri cts des i gnated by the II FplI ,
Flood Plain Prefix shall be limited to the following:
a. Agricultural activities but excluding construction of barns
or other out buildings.
b. Off-street parking incidental to any adjacent main use.
c. Public or private uUlity lines.
d. Parks, playgrounds, golf courses, and private open space area
as part of a Planned Development District or Community Unit
Development.
e. Structures, installations and facilities installed, operated
and maintained by public agencies for flood control purposes.
f. Bridle trail, bicycle or nature trail.
A permanent building or structure shall not be erected in that portion
of a District designated with a Flood Plain IIFplI prefix until such
structure has been approved by the City Council upon recommendation by
the City's engineer that such structure or building would not constitute
an encroachment hazard or obstacle to the movement of flood waters and
that such construction would not endanger the public health and welfare
or value and safety of the property.
An area may be removed from the Flood Plain Prefix designation, when
by the provision of drainage works, grading, flood protection or specific
drainage study, it has been determined by the City's engineer that the
flood hazard has been alleviated. Based upon the recommendations of the
City's engineer, the City Council by resolution may remove, alter or
change the flood plain boundary on the Zoning District Map for any
Di stri ct.
The fact that land or property is or is not within a district having a
Flood Plain Prefix shall not constitute assurance that such land or
property is not subject to local flooding and the designation of the
Flood Plain Prefix in this Ordinance shall not be so interpreted.
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10-200 LOT WIDTH: THE MINIMUM RESIDENTIAL LOT WIDTH FOR THE VARIOUS DISTRICTS
SHALL BE IN ACCORDANCE WITH 10-201, EXCEPT THAT A LOT HAVING LESS WIDTH
THAN HEREIN REQUIRED WHICH WAS AN OFFICIAL PLATTED LOT OF RECORD PRIOR
TO ADOPTION OF THIS ORDINANCE MAY BE USED FOR A ONE-FAMILY DWELLING, AND
NO LOT EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE SHALL BE RE-
DUCED IN WIDTH BELOW THE MINIMUM REQUIREMENTS SET FORTH IN 10-201.
10-201 Minimum Lot Width: In the following Zoning Districts, the minimum lot
width, as specified in feet and measured at the building line, shall
be in accordance with the following:
MINIMU~l
LOT WIDTH
TYPE OF USE A SF-l SF-2 2F MF MH PO
One Family Dwelling, 150' 60' 65' 65' 50'
Detached 70'
One Family'Dwell ing, (1) (1) (1)
Attal;hed
Two Family Dwell ing 65' 65' 60'
Multiple Family 80' 80'
Dwellin
Mobile Home 50' 35'
(1)
In a single family attached structure the number of dwelling
units shall not exceed seven (7) separate units. The average
lot width in an attached dwelling unit structure shall not
be less than twenty four (24) feet.
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10-300 LOT DEPTH: THE MINIMUM RESIDENTIAL LOT DEPTH FOR THE VARIOUS DISTRICTS
SHALL BE IN ACCORDANCE WITH 10-301, EXCEPT THAT A LOT HAVING LESS DEPTH
THAN HEREIN REQUIRED WHICH WAS AN OFFICIAL PLATTED LOT OF RECORD PRIOR
TO ADOPTION OF THIS ORDINANCE MAY BE USED FOR A ONE FAMILY DWELLING, AND
NO LOT EXISTING AT THE TIME OF PASSAGE OF THIS ORDINANCE SHALL BE REDUCED
IN DEPTH BELOW THE MINIMUM REQUIREMENTS SET FORTH IN 10-301.
]0-301 Minimum Lot Depth: In the following Zoning Districts, the minimum lot
width as specified in feet, shall be in accordance with the following:
MINIMUM
LOT DEPTH
TYP~ OF USE A SF.'" SF-2 2F MF HH PO
One Family Dwelling, 200' 120' 100' 100.' . 100' 80'
Detached
One Family Dwelli.ng, ..- 100' 100' 80'
Attached I
Two Family Dwelling 100' 100' 80'
Hult iple Fami ly 120' 100'
Owe II i n
Mobi I e Home 200' 100' 100' 100' 100' 80'
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10-400
FRONT YARD: THE MINIMUM REQUIRED FRONT YARD FOR THE -VARIOUS DISTRICTS
SHALL BE IN ACCORDANCE WITH 10-401 through 10-409 AND NO BUILDINGt
STRUCTUREt OR USE SHALL HEREAFTER BE LOCATEDt ERECTED OR ALTERED IN A
RESIDENTIAL OR NON-RESIDENTIAL DISTRICT SO AS TO HAVE A FRONT YARD OF
LESSER DEPTH THAN HEREINAFTER SPECIFIED.
. 10-401
Front Yard - .Residential Districts: In the .following Districts, the
minimum front yard, as measured in feet shall be in accordance with
the followingt unless otherwise hereinafter specified:
A
SF~l Sf-22F
MF
MH
PD .
10-406
MINIMUM
FRONT YARD
50'
3D'
25'
25'
25'
25'
10-402 Front Yard - Non-Residential .Districts: In the following Districts,
the minimum front yard, as measured in feet, shall be in accordance
with the following unless otherwise specified:
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B-2
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FROST YARD
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20'
20'
10-403 The required front yard shall be open and unobstructed, except eaves,
uncovered porches and roof extensions without structural support may
extend.into the front yard a distance not to exceed four (4) feet.
Balconles shall not project into the required side yard.
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10-404 When a front building line is designated by ordinance or plat and such
line establishes a greater or lesser front yard setback than is required
by this ordinance for the district in which the building line is located,
the minimum required front yard shall comply with the building line so
established by such ordinance.
10-405 When the depth of a platted lot(s) extends between streets, a front
building line shall be observed for each frontage, unless a building
line has been established by plat or ordinance which designates the
TtQnt yard area along one street frontage and a building line for the
main or accessory building along the other street frontage.
10-406 In a Planned Development District the minimum front yard requirement
shall be established on the site plan in accordance with Section 9-500.
10-407 When the frontage on one side of a street between two intersecting
streets is divided by two or more zoning districts, the front yard for
all lots or tracts along that frontage shall comply with the require-
ments of the more restrictive district.
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10-500
SIDE YARD: THE MINIMUM REQUIRED SIDE YARD FOR THE VARIOUS DISTRICTS
SHALL BE IN ACCORDANCE WITH 10-501 THROUGH 10-502 AND NO BUILDING,
STRUCTURE OR USE SHALL HEREAFTER BE LOCATED, ERECTED OR ALTERED IN A
RESIDENTIAL DISTRICT OR NON-RESIDENTIAL DISTRICT SO AS TO HAVE A SIDE
YARD OF LESSER WIDTH THAN HEREINAFTER SPECIFIED.
10-501
Side Yard - Residential Districts: In the fpllowing Districts, the
minimum depth for each side yard as measured in feet, shall be in accord-
ance with the following, unless otherwise hereinafter specified:
MINIMUM
SIDE YARD
TYPE OF USE A SF.,. 1 SF-2 2F HF HH PO
One Family Dwelling, 151 81 6.51 6.51 6.51
Detached
One Family Dwelli~g,
Attached
Two Family Dwell ing - 81 81 7.51
Hultiple Family 81 81
Dwellin
Hob i 1 e Home 151. - 10' 101. 10' . 10' 101
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(4) The side yard on a corner lot adjacent to a street for attached
dwellings shall not be less than fifteen (15) feet. A series of
attached one-family dwellings shall not exceed two hundred and
ten (210) feet in length, and a minimum side yard of ten (10) feet
shall be observed at each end of the attached series to provide a
minimum of twenty (20) feet between building ends.
(5) The minimum side yard on a corner lot adjacent to a street jn the
MF and MH Districts shall not be less than fifteen (15) feet-unless
a greater depth, not to exceed twenty-five (25) feet, is established
in the approval of a,subdivision plat by the Planning and Zoning
Commission.
(6) For multiple family structures in the MF and Planned Development
District, a minimum side yard or space between adjoining structures,
shall be thirty (30) feet between building walls when such walls
have openings for windows and access, and twenty (20) feet between
building walls when such walls have no opening for windows or
access.
10-502 Side Yard - Non Residential Districts: A side yard is not required
in the R, B-1, B-2, or I Districts unless hereinafter specified.
(1) The minimum side yard on a corner lot adjacent to a street shall
not be less than ten (10) feet unless a greater depth, not to
exceed twenty-five (25) feet, is established in the approval of
a subdivision plat by the Planning and Zoning Commission.
(2) When a non-residential zoned lot or tract abuts upon a zoning
district boundary line dividing the lot or tract from a residentially
zoned lot or tract, a minimum side yard of ten (10) feet shall be
provided for on the non-residential property. A masonry wall
having a minimum height of six (6) feet above the average
grade of the residential property shall be constructed on the
non-residential property adjacent to the common side (or rear)
property line.
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10-600 REAR YARD: NO BUILDING OR STRUCTURE SHALL HEREAFTER BE LOCATED, ERECTED
OR ALTERED TO HAVE A REAR YARD SMALLER THAN SPECIFIED AS FOLLOWS:
(1) The required rear yard shall be open and unobstructed from a point
thirty (30) inches above the average elevation of the graded rear
yard; except for accessory buildings as permitted herein. Eaves,
covered porches, and roof extensions without structural support in
the rear yard may extend into the rear yard a distance not to exceed
four (4) feet. Balconies shall not project into the required rear
yard.
(2) In single family or two family dwelling districts, the main
residential building may not be constructed, erected, or altered
to be nearer than twenty five (25) feet to the rear property line,
and all accessory buildings shall not be nearer than ten (10) feet
to the rear property line. In a multiple family district a rear
yard of ten (10) feet shall be observed by both the main and
~ccessary buildings.
(3) In the MH, Mobile Home District, a rear yard of twenty (20) feet
':;:lall be observed on all lots or plots backing to the rear property
line. A trailer or mobile home shall not be placed nearer than ten
(10) feet to the rear line of any other lots or plots in a mobile
home development.
(4) In a Planned Development District, the mlnlmum rear yard shall be
established on the approved site plan and as part of the amending
ordinance.
(5) In the R, B-1, or B-2 Districts, a dedicated alley shall be required
behind each lot or tract and the minimum rear yard setback shall be
twenty (20) feet for any building or structure. When an alley is
not required, a masonry wall of a minimum height of six (6) feet.
shall be constructed adjacent to the rear property line in the
non-residential districts to provide a barrier between the
adjoining uses.
(6) When the lot or tract in the I District backs upon a zoning district
boundary line which separates the industrial lot or tract from a
residential zoning district, a minimum rear yard of fifty (50)
feet shall be required.
10-700 Maximum Lot Coverage and Floor Area Ratio; The maximum percentage of
any lot area which shall be permitted to be covered by the main building
and all accessory buildings~ and the maximum ratio of floor area to the
total area of the lot or tract on which buildings are located, shall not
exceed those standards in 10~701, An existing building having a greater
percentage of coverage or a higher floor area ratio than herein specified
at the effective date of this Ordinance shall be considered conforming
to this Section.
10-701 In the following Districts the maximum building lot coverage and floor
area ratio shall not exceed that specified:
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MAXIMUM
LOT COVERAGE-
RESIDENTIAL
A SF-l SF-2 2F MF MH PO
Maxi~um % of Lot 15% 30% 35% .:. 35%. 35% 35%
. Coverage by" B 1 dg.
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~.A~!MUM ~
lOT CC'.'~r'.AGE ~
NON-RES~ DENTIAl ~
<:)
~
$j
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R B-1 B-2 PO
qO% qO% ljO% 50% 30%
11:1"1 1:1 11:1 j
t~aximum F1 oor
Area Ratio
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11-101 In any district where the building height is restricted to twenty-
four (24) feet or less, cooling towers, roof gables, chimneys, vent
stacks or mechanical equipment room may prrject, not to exceed twelve
(12) feet, beyond the maximum building height specified for the district.
SECTION 12: OFF-STREET PARKING AND LOADING REGULATIONS
12-100 PROVISIONS SHALL BE MADE ON EACH LOT OR TRACT OR ON AN IMMEDIATELY
CONTIGUOUS LOT OR TRACT FOR OFF-STREET PARKING AND -LOADING SPACES
SUFFICIENT TO COMPLY WITH THE MINIMUM NUMBER OR THE RATIO SPECIFIED
HEREIN FOR THE DESIGNATED USES.
12-101 Residential Uses: Following are the required minin,um number of off-
\ street parking spaces per dwelling unit in residential districts:
,.r>0
(\C .1'1~U.' '. \ (1)
I}J ,~
\t~!'\ \~:r (2)
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Single family detached - two (2) spa~es per dwelling unit
Two family - two (2) spaces per dwelling unit
Single family attached - two (2) spaces per dwelling unit, and an
additional ~ space per unit in the attached single family develop-
ment .
(4) Multiple-family' - two and one-half (2~) spaces per dwelling unit
(5) Mobile Home - two (2) spaces per lot or stand
12~102 Non-Residential Uses: Following are the required minimum number of
off-street parking spaces for all districts for uses specified:
(1) BANK, SAVINGS AND LOAN or similar financial establishment -
One (1) space for each six hundred (600) square feet of floor
a rea.
(2) BOWLING ALLEY - Six (6) spaces for each lan~.
(3) CLINIC, DOCTORS' OFFICES - One (1) space for each three hundred
(300) square feet of floor area.
(4) CHURCH - One (1) space for each three (3) seats in the main
sanctuary.
(5) COMMERCIAL AMUSEMENT - Thirty (30) spaces plus one (1) space for
each one hundred (100) square feet of floor area over two thousand
(2,000) square feet. .
(6) CONVALESCENT HOME OR HOME FOR THE AGED - One (1) space for each
six (6) rooms or beds.
(7) GASOLINE SERVICE STATION - Minimum of four (4) spaces.
(8) GOLF COURSE - Minimum of thirty (30) spaces.
(9) HIGH SCHOOL, COLLEGE OR UNIVERSITY - One (1) space for each three
(3) students accommodated in the institution.
(10) HOSPITAL - One (1) space for every two (2) beds.
(11) HOTEL OR MOTEL - One (1) space for each room, unit or guest
accomodation plus specified requirements for restaurants and
related facilities.
(12) INSTITUTIONS OF A PHILANTHROPIC NATURE - Ten spaces ,plus one (1)
space for each employee.
(13) LIBRARY OR MUSEUM - Ten (10) spaces plus one (1) for each three
hundred (300) square feet of floor area.
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12-103
12-104
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
MANUFACTURING, PROCESSING OR REPAIRING - One (1) space for each
two (2) employees or one (1) space for each one thousand (1,000)
square feet of floor area, whichever is greater.
MORTUARY - One (1) space for each two (2) persons normally
accommodated in services.
OFFICES, GENERAL - One (1) space for each three hundred (300)
square feet of floor area.
RECREATIONAL, PRIVATE OR COMMERCIAL AREA OR BUILDING (other than
listed) - One (1) space for every four persons to be normally
accommodated in the establishment.
RESTAURANT OR CAFETERIA - One (1) space for every three (3) seats
under maximum seating arrangement.
RETAIL OR PERSONAL SERVICE - One (1) space for each two hundred
(200) square feet of floor area.
FURNITURE STORE OR APPLIANCE STORE - One (1) space for each four
hundred (400) square feet of floor space.
SCHOOL, ELEMENTARY OR JUNIOR HIGH - One (1) space for each class-
room plus one (1) space for each four (4) seats in any auditorium,
gymnasium, or other place of assembly.
STORAGE OR WAREHOUSING - One (1) space for each two (2) employees
or one (1) space for each one thousand (1,000) square feet of
fl09r area, whichever is greater.
THEATERS, MEETING ROOMS AND PLACES OF PUBLIC ASSEMBLY - One (1)
space for every three (3) seats.
Special Off-Street Parking Regulations
(1) In computing the parking requirements for any building or develop-
ment, the total parking requirements shall be the sum of the specific
parking space requirements for each class of use included in the
building or development.
Off-Street Loading: Space shall be provided on each lot in accordance
with the following:
(1) All retail, commercial and industrial structures shall provide and
maintain off-street facilities for loading and unloading of merchan-
dise and goods within the building or on the lot adjacent to a
public alley or private service drive.
An off-street loading space shall consist of a minimum area of ten
(10) feet by twenty-five (25) feet for each twenty thousand (20,000)
square feet of floor space or fraction thereof in excess of three
thousand (3,000) square feet in the building or on the lot.
(2) Kindergartens, day schools and similar child training and care
establishments shall provide loading and unloading space on a
private drive, off-street to accommodate one (1) motor vehicle for
each ten (10) students or children cared for. by the establishment.
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SECTION 13: SIGN REGULATIONS
13-100 PROVISIONS FOR SIGNS AND IDENTIFICATION USES AS SPECIFIED BY THIS
SECTION SHALL APPLY TO THE VARIOUS TYPES OF SIGNS AS PERMITTED IN THE
DISTRICTS INDICATED IN THE USE SCHEDULE IN SECTION 9.
13-101 Sign faces shall not exceed the area as herein specified nor the
standards for spacing.
(1) Advertising sign - Four hundred (400) square feet, and shall not
be placed less than 250 feet apart nor nearer than fifty (50)
feet to any intersection.
(2) Agricultural sign - One hundred (100) square feet, and shall not
be placed less than two hundred (200) feet apart.
(3) Apartment sign - Fifty (50) square feet, one (1) sign per street
frontage.
(4) Construction sign - Sixteen (16) square feet.
(5) Development sign - One hundred (100) square feet, one (1) per
project.
(6) G~neral business sign - No restriction except as hereinafter
provided.
(7) Institutional sign - Sixteen (16) square feet.
(8) Name plate - one (1) square foot.
(9) Real Estate sign - Twelve (12) square feet for commercial and four
(4) square feet for residential properties, one (1) for each
platted lot or tract street frontage.
13-102 For a Planned Development District, the sign standards shall be
specified in the amending ordinance.
13-103 A sign shall not be constructed to exceed the maximum building height
permitted in the district where the sign is located.
13-104 A sign shall not be located or constructed so as to interfere with or
confuse the control of traffic on public streets and no sign shall be
illuminated with a rotating beacon, beam or intermittent flashing
illumination.
13-105 Signs shall be completely on private property and no sign shall over-
hang the right-of-way of any public street or alley.
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SECTION 14: ACCESSORY BUILDING REGULATIONS
14-100 Definition and Use Regulation:
1. In a residence or apartment district, an accessory building is a
subordinate building exceeding 120 square feet of floor area,
attached or detached from the main building, without separate bath
or kitchen facilities, not used for commercial purposes and not rented.
2. In other districts, an accessory building is a subordinate building,
the use of which is incidental to and used only in conjunction with
the main building. .
14-101 Height Regulations in Residential Districts
No accessory building shall exceed twenty-five (25) feet in height, nor
shall it be greater height than the main structure.
14-102 Area Regulations in Residential and Apartment Districts
1. Front Yard .- Attached accessory buil dings shein have a front yard not
less than the main building. Detached accessory buildings shall be
located in the ar~a defined as the rear yard.
2. Side Yard - There shall be a side yard not less than three (3) feet
from any side lot line,"alley line or easement line, except that
adjacent to a side street, the side yard shall never be less than
twenty (20) feet.
3. Rear Yard - There shall be a rear yard not less than ten (10) feet
from any lot line, alley line or easement line. Carports, garages,
or other detached accessory buildings located within the rear por-
tion of the lot as heretofore described shall not be located closer
than fifteen (15) feet to the main building nor nearer than three
(3) feet to any side lot line.
4. Garage Facing Street or Alley Line - Any garage constructed in a
residential or apartment district structure, shall be set back not
less than twenty (20) feet from any street or alley line on
wh i ch it faces.
14-103 Area Regulations in Other Districts
All regulations for accessory buildings shall be the same as the regula-
tions for main structures.
SECTION 15: SPECIAL AREA AND USE REGULATIONS
15-100 Courts - Where an apartment building or buildings are erected so as to
create inner courts, the faces of all opposite walls in such courts
shall be a minimum distance of thirty (30) feet apart and no balcony
or canopy shall extend into such court area for a distance greater than
five (5) feet.
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15-101
Location of Dwellings and Buildings - Only one main.building for one-
family, two-family or multiple-family use with permltted accessory .
buildings may be located upon a lot or unplatted tract. Every dwelllng
shall face or front upon a public street, other than an alley, which
means of access shall have a minimum width of forty (40) feet. Where
a lot is used for retail, commercial, industrial purposes, or a combin-
ation of same, more than one (1) main building may be located upon the
lot, but only when such buildings conform to all the open space, parking
and density requirements applicable to the uses and districts and when
all such main buildings face upon a public street, other than an alley.
Whenever two or more main buildings, or portions thereof, are placed
upon a single lot or tract and such buildings will not face upon a
public street, the same may be permitted when the site plan for such
development is approved by the City Plan Commission so as to comply
with the normal requirements for platting. No parking area, storage
area, or required open space for one building shall be computed as
being the open space, yard or area requirements for any other dwelling
or other use.
SECTION 16: CREATION OF BUILDING SITE
16-100
16-101
Creation of a building site as specified herein permits prOV1Slons to
be made for adequate access, and facilitates the provision for water,
sewer and similar utilities, and other public requirements.
A building permit shall not' be issued for the" construction of any
building or buildings upon ~ny tract or plot until a building site,
building tract or building lot has been created by compliance with one
of the following conditions:
1. The lot or tract is part of a plat of record, properly approved
by the Planning and Zoning Commission, and filed, in the Plat
Records of Collin County, Texas.
2. The plot or tract is all or part of a site plan officially approved
by the Planning and Zoning Commission, and compliance has been made
with provisions and improvements approved on such site plan for all
utility and drainage easements, dedication of streets, alleys and
other public improvements required to meet the standards established
for the platting of land.
SECTION 17: PLATTING PROPERTY NOT PER~~ANENTLY ZONED
17-100 The Planning and Zoning Commission of the City of Wylie shall not
approve any plat of any subdivision within the city limits of the City
of Wylie until the area covered by the proposed plat shall have been
permanentl}' zoned by the City Council of the City of Wylie.
17-101
The Planning and Zoning Commission of the City of Wylie shall not
approve any plat of any subdivision within any area where a p€tition or
ordinance for annexation to the City of Wylie is pending before the
City Council unless and until such plat shall have been approved by
resolution by the City Council.
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17-102
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In the event the City Council holds a hearing on proposed annexation,
it may, at its discret~on, at.th~ same time hold a hearing upon the
permanent zoning that lS to be glven to the area or tract to be annexed,
after public hearing and recommendations of the Planning and Zoning
Commission concerning the permanent zoning.
SECTION 18: COMPLETION OF BUILDING UNDER CONSTRUCTION
18-100
Nothing herein contained shall require any change in the plans, construc-
tion or designated use of a building actually under construction at the
time of the passage of this Ordinance and which entire building shall be
completed within one (1) year from the date of paS'sa.ge of thfs Ordinance.
19-100
SECTION 19: CERTIFICATE OF OCCUPANCY AND COMPLIANCE REQUIRED
19-101
19-102
No building hereafter erected, converted or structurally altered shall
be used, occupied or changed in use and no land may be used until a
Certificate of Occupancy and Compliance shall have been issued by the
Building Inspector of the City of Wylie stating that the building or
proposed use of land or building complies with the provisions of this
ordinance and other building laws of the City of Wylie.
A Certificate of Occupancy and Compliance shall be applied for coincident
with the application for.a building permit and will be issued within
ten (10) days after the completion of the erection, alteration or con-
version of such building or land provided such construction or change
has been made in complete conformity to the provisions of this ordinance.
All existing or hereafter created non-conforming uses shall obtain
Certificates of Occupancy within eighteen (18) months of the effective
date of this ordinance. An Occupancy Permit shall be considered evidence
of the legal existence of a non-conforming use as contrasted to an
illegal use and violation of this ordinance.
A record of all Certificates of Occupancy shall be maintained on file
in the office of the Building Inspector of the City of Wylie and copies
shall be furnished on request to any person having a propriety or
tenancy interest in the building or land affected.
SECTION 20: NONCONFORMING USES AND STRUCTURES
20-100
A nonconforming status under the provisions of this Ordinance shall
exist:
1. When a use or structure, which does not conform to the regulations
prescribed for the district in which such use or structure is located,
was in existence and lawfully operating prior to March 18, 1968, and
has since been in regular and conti~~Qus use.
2. When a use or structure, which does ~ot conform to the reoulations
prescribed for the district in whic~ such use or structur~ is located,
was in existence and lawfully const~ucted, located and operating on
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the effective date of this Ordinance or was a nonconforming use
under the provisions of the prior zoning ordinance and has since
been in regular and continuous use.
20-101 Any non-conforming use of land or structures may be continued for
definite periods of time subject to such regulations as the Board of
Adjustment may require for immediate preservation of the adjoining
property prior to the ultimate removal of the non-conforming use. The
Building Inspector may grant a change of occupancy from one non-conform-
ing use to another, providing the use is within the same. or higher or
more restricted classification as the original non-conforming use and
such change of use and occupancy will not tend to prolong and continue
the non-conforming use. In the event a non-conforming use of a building
may be changed to another non-conforming use of the same or more
restricted classification, it shall not later be changed to a less
restrictive classification of use and the prior less restrictive
classification shall be considered to have been abandoned.
20-102 If a structure occupied by a non-conforming use is destroyed by fire.
the elements or other cause, it may not be rebuilt except to conform to
the provisions of this ordinance. In the case of partial destruction
of a non-conforming use not exceeding ninety (90) percent of its reason-
able value, reconstruction will be permitted but the size or function of
the non-conforming use cannot be expanded.
SECTION 21: BOARD OF ADJUSTMENT
21-100 Or anization: There is hereby created a Board of Adjustment consisting
of five 5 members who are qualified citiz~ns and-voters and are not
members of the Planning Commission or City Council, each to be appointed
by resolution of the City Council for a term of two years and removable
for cause by the appointing authority upon written charges and after
public hearing. .Vacancies shall be filled for the unexpired term of any
member, whose place becomes vpcant for any cause, in the same manner as
the original appointment was made. Two members heretofore appointed
shall serve until or until their successors are appointed
and three members, as heretofore appointed, shall serve until
or until their successors are appointed, .and thereafter each member
reappointed or each new appointee shall serve for a full term of two
years unless removed as hereinabove provided. Provided, however, that
the City Council may appoint two alternate members of the Board of
Adjustment who shall serve in the absence of one or more of the regular
members when requested to do so by the Mayor. All cases to be heard
by the Board of Adjustment will always be heard by a minimum number of
four members. These alternate members, when appointed, shall serve for
the same period as the regular members, which is for a term of two years,
and any vacancy shall be filled in the same manner and they shall be
subject to removal the same as the regular members.
21-101 The Board shall adopt rules to govern its proceedings, provided however,
that such rules are not inconsistent with this ordinance or any State
Statutes. Meetings of the Board shall be held at the call of the
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Chairman and at such other times as the Board may determine. The
Chairman, or in his absence, the Acting Chairman, may administer oath
and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member upon each question, or, if
absent or failing to vote, indicate such fact, and shall keep records
of its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public
record.
21-102 Appeals to the Board of Adjustment may be taken by any person aggrieved
or by an officer, department or board of the municipality affected by
any decision of the administrative officer, by filing with the officer
from whom the appeal is taken and with the Board of Adjustment, a
notice of appeal specifying the grounds thereof. The officer from whom
the appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
21-103 An appeal shall stay all proceedings of the action appealed from, unless
the officer from whom the appeal is taken certifies to the Board of
Adjustment, after the notice of appeal shall have been filed with him
that by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed, otherwise, than by a restraining order
which may be granted by the Board of Adjustment or by a court of record
on application on notice to'the officer from whom the appeal is taken
and on due cause shown.
21-104 The Board of Adjustment shall fix a reasonable time for the hearing of
an appeal, give the public notice thereof, as well as due notice to the
parties in interest and decide the same within a reasonable time. Upon
the hearing any party may appear in person or by attorney or by agent.
21-200 The Board of Adjustment shall hold a public hearing on all appeals made
to it and written notice of such public hearing shall be sent to the
applicant and all other persons who are owners of real property lying
within two hundred (200) feet of the property on which the appeal is
made. Such notice shall be given not less than ten (10) days before
the date set for hearing to all such owners who have rendered their
said property for City taxes as the ownership appears on the last City
tax roll. Such notice may be served by depositing the same properly
addressed and postage paid in the United States Post Office.
21-300 Jurisdiction: When in the Board of Adjustment's judgment, the public
convenience and welfare will be substantially served and the appropri-
ate use of the neighboring property will not be substantially or
permanently injured, the Board of Adjustment may, in specific cases,
after public notice and public hearing, and subject to appropriate
conditions and safeguards authorize the following special exceptions
to the regulations herein establ,ished.
1. Permit the reconstruction, extension or enlargement of a building
occupied by non-conforming use on the lot or tract occupied by such
building provided such reconstruction does not prevent the return
of such property to a conforming use.
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2. Permit such modifications of the height, yard, area, coverage and
parking regulations as may be necessary to secure appropriate
development of a parcel of land which differs from other parcels
in the district by being of such restricted area, shape, or slope
that it cannot be appropriately developed without such modification.
3. Require the discontinuance of non-conforming uses under any plan
whereby the full value of the structure can be amortized within a
definite period of time, taking into consideration the general
character of the neighborhood and the necessity for all property to
conform to the regulations of this ordinance. It is the declared
purpose of this ordinance that non-conforming uses be eliminated and
be required to conform to the regulations prescribed in the preceding
articles of this ordinance, having due regard for the property
rights of the persons affected when considered in the light of the
public welfare and the character of the area surrounding the desig-
nated non-conforming use and the conservation and preservation of
property. The Board shall from time to time on its own motion or
upon cause presented by interested property owners inquire into
the existence, continuation or maintenance of any non-conforming
use within the City.
21-400 In exercising its powers, the Board may, in conformity with the provi-
sions of Articles 1011-A and including 1011-J of the 1925 Civil
Statutes of Texas, as amended, revised or reformed, wholly or partly,
or may modify the order, requirement, decisions, or determination
appealed from and make such order, requirement, decision or determin-
ation as ought to be made and shall have all the powers of the officer
from whom the appeal is taken including the power to impose reasonable
conditions to be complied with by the applicant.
21-500 The concurring vote of four (4) members of the Board shall be necessary
to revise any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the application on any
matter upon which it is required to pass under this ordinance or to
affect any variance in said ordinance.
21-600 Any person or persons, jointly or severally, aggrieved by any decision of
the Board of Adjustment or any taxpayer or any officer, department or
board of the municipality may present to a court of record a petition,
duly verified, setting forth that such decision is illegal, in whole or
part, specifying the grounds of the illegality. Such petition shall be
presented to the court within ten (10) days after the filing of the
decision in the Office of the Board and not thereafter.
seCTION 22: PROCEDURES FOR CHANGES AND AMENDMENTS
22-100 Any person or corporation or group of persons having a proprietary
interest in any property, upon proof of such interest, may petition the
governing body for a change or amendment to the provisions of this ordin-
ance or the Planning and Zoning Commission may on its own motion, insti-
tute proposals for change and amendment in the public interest. All
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SECTION 24 GENERAL DEFINITIONS
1. CERTAIN WORDS IN THIS ORDINANCE NOT HERETOFORE DEFINED ARE
DEFINED AS FOLLOWS:
a. WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE; WORDS
IN THE SINGULAR NUMBER INCLUDE THE PLURAL NUMBER AND WORDS
IN THE PLURAL NUMBER INCLUDE THE SINGULAR NUMBER; THE WORD
IIBUILDINGII INCLUDES THE WORD IISTRUCTUREII; THE WORD IILOTII
INCLUDES THE WORDS IIPLOTII OR "TRACr'; THE WORD IISHALLII IS
MANDATORY AND NOT DISCRETIONARY.
(1) Accessory Use - A use subordinate to and incidental
to the primary use of the main building or to the
primary use of the premises.
(2) Alley - A public space or thoroughfare which affords
only secondary means of access to property abutting
thereon.
(3) Apartment - A room or sUlte of rooms in a multi-family
dwelling or apartment house arranged, designed or
occupied as a place of residence by a single family,
individual or group 6f individuals.
(4) Apartment-House - Any building or portion thereof, which
is designed, built, rented, leased or let to be occupied
as three or more dwelling units or apartments or which
is occupied as a home or place of residence by three or
more families living in independent dwelling units.
(5) Area of the Lot or Building Site - The area shall be
the net area of the lot or site and shall not include
portions of streets and alleys.
(6) Basement - A building story which is partly underground,
but having at least one-half of its height above the
average level of the adjoining ground. A basement shall
not be counted as a story in computing building height.
(7) Slock - An area enclosed by streets and occupied by or
intended for buildings; or if said word is used as a
term of measurement, it shall mean the distance along a
side of a street between the nearest two streets which
intersect said street on said side.
(8) Board - Zoning Soard of Adjustment as provided for in
Section 17.
(9) Building Official - The Building Official or person
charged with the enforcement of the zoning and building
codes of the City of Wylie.
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(20) District - A section of the City of Wylie for which
the regulations governing the area, height or use
of the land and buildings are uniform.
(21) Dwelling, One-Family - A detached building having
accommodations for and occupied by not more than one
family, or by one family and not more than four (4)
boarders and lodgers.
(22) Dwelling, Two - Family - A detached building having separate
accommodations for and occupied by not more than two
families, or by two families and not more than four (4)
boarders and lodgers.
(23) Dwelling, Multiple-Family - Any building or portion
thereof, which is designed, built, rented, leased or
let to be occupied as three or more dwelling units or
apartments or which is occupied as a home or residence
of three or more families.
(24) Dwelling Unit - A building or portion of a building
which is arranged, occupied, or intended to be occupied
as living quarters and includes facilities for food
preparation and sleeping.
(25) Family - Any number of individuals living together as a
single housekeeping unit, in which not more than four
(4) individuals are unrelated by blood, marriage or
adoption.
(26) Floor Area - The total square feet of floor space within
the outside dimensions of a building including each
floor level, but excluding cellars, carports or garages.
(27) Height - The vertical distance of a building measured
from the average established grade at the street line
or from the average natural front yard ground level,
whichever is higher, to (1) the highest point of the
roof's surface if a flat surface, (2) to the deck line
of mansard roofs or (3) to the mean height level between
eaves and ridge for hip and gable roofs and, in any
event, excluding chimneys, cooling towers, elevator
bulkheads, penthouses, tanks, water towers, radio
towers, ornamental cupolas, domes or spires, and parapet
walls not exceeding ten (10) feet. If the street grade has
not been officially established, the average front
yard grade shall be used for a base level.
(28) Living Unit ~ The room or rooms occupied by a family
and must include cooking facilities,
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(29) Lodging House - A building where lodging for five (5)
or more persons is provided for compensation.
(30) Lot or Building Site - Land occupied or to be occupied
by a building and its accessory building, and including
such open spaces as are required under this Ordinance
and having its principal frontage upon a public street
or officially approved place.
(31) Lot Coverage - The percentage of the total area of a
lot occupied by the base (first story or floor) of
buildings located on the lot or the area determined as
the maximum cross-sectional area of the building.
. (32) Lot Lines - The lines bounding a lot as defined herein.
(33) Lot of Record - A lot which is part of a subdivision,
a plat of which has been recorded in the office of
the County Clerk of Collin County, or a parcel of land,
the deed for which is recorded in the office of the
County Clerk of Collin County prior to the adoption of
this Ordinance.
(34) Lot Depth - The mean distance between the front and rear
lot lines:
(35) Lot Width - The width of a lot at the front building
lines.
(36) Main Building - The building or buildings on a lot
which are occupied by the primary use.
(37) Manufactured Modular Home ~ lModular home~ means a
structure or building module as defined and is under
the jurisdiction and control of the Texas Department
of Labor and Standards and it is installed and used
as a residence by a consumer? transportable in one or
more sections on a temporary chassis or other conveyance
device, and designed to be used as a permanent foundation
system. The- term includes the plumbing, heating, air~
conditioning, and electrical systems contained in the
structure. The term does not include a mobile home as
defined in the Act; nor does it include building modules
incorporating concrete or masonry as the primary
structural component.
(38) Nonconforming Use - A building, structure or use of
land lawfully occupied at the time of the effective
date of this Ordinance or amendments therto, and
which does not conform to the use regulations of the
district in which it is situated.
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(51)
(52)
(53)
Structure - (Same as Building).
Thoroughfare - (Same as Street).
Yard - An open space, other than a court, on the lot in
which a building is situated and which is not obstructed
from a point forty (40) inches above the general ground
level of the graded lot to the sky, except as provided
for roof overhang and similar special architectural
features and plant material.
(54)
Yard, Front - An open, unoccupied space on a lot facing
a street extending across the front of a lot between
the side lot lines and from the main building to the
front lot or street line with the minimum horizontal
distance between the street line and the main building
line as specified for the district in which it is
located.
(55) Yard, Rear - An open, unoccupied space, except for
accessory buildings as herein permitted, extending
across the rear of a lot from one side lot line to the
other side lot line and having a depth between the
building and the rear lot line as specified in the
district ih which the lot is situated.
(56) Yard, Side - An open, unoccupied space or spaces on
one side or two sides of a main building and on the
same lot with the building, situated between the
building and a side line of the lot and extending
through from the front yard to the rear yard. Any lot
line, not the rear line or a front line, shall be
deemed a side line.
(57) Variance - An adjustment in the application of the
specific regulations of the Zoning Ordinance to a
particular parcel of property which, because of
special conditions or circumstances peculiar to the
particular parcel, is necessary to prevent the property
from being deprived of rights and privileges enjoyed by
parcels in the same vicinity and zoning district.
other
(58) Zoning District Map - The official certified map upon
which the boundaries of the various Zoning Districts
are drawn and which is an integral part of the Zoning
Ordi nance.
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SECTJO;~ 25: PRESU:VlnG klGH1S lii pt:;:;lr;:; LITlG;".110r; J...~;lJ \']C~J.l](i;;~ U;,L1~r~
EXl S T 1!~G 0;\0 I liAtKES
24-100 By the passage of this Ordinance, no presently illegal use shall be
deemed to have been legalized unless specifically such use falls within
a use district where the actual use is a conforming use. Otherwise,
such uses shall remain non-conforming uses where recognized, or an
illegal use, as the case may be. It is further the intent and declared
purpose of this Ordinance that no offense co~nitted, and no liability,
penalty or forfeiture, either civil or criminal, incurred prior to the
time the existing zoning ordinance vias repealed and this zoning ordinance
adopted, shall be discharged or affected by such repeal; but prosecutions
and suits for such offenses, liabilities, penalties or forfeitures may,
be instituted or causes presently pending proceeded with in all respects
as if such prior ordinance had not been repealed.
SECTION 26:
VALIDITY
25-100
If any section, paragraph, subdivision, clause, phase or provision of
this Ordinance shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this ordinance as a whole or any
part or provisions thereof other than the part so decided to be invalid
or unconstitutional.
The fact that the present toning regulations are inadequate to properly
safeguard the general public welfare, health, peace and safety, creates
an urgency and an emergency, and requires that this Ordinance becomes
effective immediately upon its passage, and it is accordingly so ordained.
APPROVED AS TO FORM
PASSED & ENROLLED
. i/k_\ '-. '
',) L____ day of __I\~C! :L~~_l~,,:-_~; 1981
'--'fl~' L - ~
'S f/:,L7'1:-U;;:-;;J______
fliaYOr, City of \.J.ylie, Texas
ATTEST:
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tTEj~-- r~:}'~c:i\y~~f-"fu,-ll~,:: -Yeds
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