Ordinance 2023-47 ORDINANCE NO. 2023-47
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
CODE OF ORDINANCES,ORDINANCE NO.2021-17,AS AMENDED,CHAPTER
78 (PARKS AND RECREATION), ARTICLE VIII (PLANTING, MAINTAINING
TREES, SHRUBS ON PUBLIC PROPERTY), SECTION 78-256(B)(3)A.
(ADJACENT LANDOWNER RESPONSIBILITY); INCREASING THE
REQUIRED CLEARANCE HEIGHT OF TREES AND SHRUBS THAT EXTEND
OVER THE CURB LINE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and
determined that it is in the best interest of the City of Wylie, Texas ("Wylie") to increase the clearance
height of trees and shrubs in the public right-of-way; and
WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to
regulate said clearance height; and
WHEREAS,the City Council has found that it would be advantageous and beneficial to the citizens
of Wylie to adopt said amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 78 (Parks and Recreation), Article VIII (Planting,
Maintaining Trees, Shrubs on Public Property), Section 78-256(b)(3)a.(Adjacent Landowner
Responsibility of the Wylie Code of Ordinances.Chapter 78(Parks and Recreation),Article VIII(Planting,
Maintaining Trees, Shrubs on Public Property), Section 78-256(b)(3)a. (Adjacent Landowner
Responsibility) of the Wylie Code of Ordinances; is hereby amended to increase the required clearance
height of trees and shrubs that extend over the curb line from"13 feet"to"15 feet"as follows:
"Sec. 78-256. -Adjacent landowner responsibility.
(3) Create a traffic hazard.
a. Property owners must maintain a clear space of eight feet above the surface of a sidewalk
and 15 feet above the curb line of an adjacent street. In any event, no tree, shrub or other
landscaping shall interfere with the free passage of vehicles on the street or of pedestrians
on the sidewalk or obscure the view of motor vehicle operators of any traffic-control device
or street sign, visibility triangle, or otherwise create a traffic hazard and shall at all times
comply with city rules, regulations and ordinances.
Ordinance No. 2023-47 Tree and Shrub Height Page 1 of 2
SECTION 3: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; 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 ordinances shall remain in full force and effect.
SECTION 4: SEVERABILITY. Should any section, subsection,sentence,clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie
hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional or invalid.
SECTION 5: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances,any language intended to be added to the code may be underscored in the amending ordinance,
and any language intended to be deleted from the code may be placed in brackets and stricken through.
These markings,when used,and the deleted portions shall be removed when amendments are printed in the
code.The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and
publication as required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26`h
day of September, 2023.
_.---.- Matthew Porter,Mayor/
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm, City Secretary
Date of publication: October 4,2023 in The Wylie News
Ordinance No.2023-47 Tree and Shrub Height Page 2 of 2
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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 i
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
Legalice—Ordinances No. - 4, No. 23-45,No. 2023-46 and No. 3- 7
was published in said newspaper on the following date(s), to-wit:
October 4,2023 Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 5th day of October, 2023, to certify which
witness my hand and seal of office.
i
SONIA A DUGGAN
Notary ID#126646343 Notary Pu11C i3F form._
My Commission Expires
1 _ August 12, 2024 The State of Texas
., _
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4 y commission expires 0 /12/2024.
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said Partnership are mercial Corridor (CC) Ordinance
Omar AH - Member to Commercial Corri- No.2023.45
and Joe Hackler - dor - Special Use Per-
Member. mit (CC-SUP), to al- An ordinance of the
low for an automotive City of Wylie, Texas,
-2t- repair, major use; pro- amending the Com-
viding for a.penalty for prehensive Zoning
the violation of this or Ordinance of the City
LEGAL NOTICE dinance; providing for of Wylie, as hereto-
the repeal of all ordi- fore amended, so as
Application has been nances in conflict;pro- to change the zon-
made with the Texas viding a severability ing on the hereinafter
Alcoholic Beverage 'clause; and providing described property,
Commission for a for an effective date. Zoning Case Number
Wine and Malt Bev- 2a23-13," from Korn-
erage Retailer's Per-
Ordinance mercial Corridor (CC)
mit(B ).;Jai Mahab- o.2023- 7 to Commercial Cor-
Corp.... dba Grab ridbr - Special Use
n Go to be located at An ordinance of the Permit (CC-SUP), to
201,S State Hwy 7 , City,of Wylie, Texas, allow fora restaurant
Wylie IX 75098,Col- amending Wylie's with drive-thru use;
fin CountY,1 Texas,Of Code of Ordinances„ providing for a penalty
ficer of corporation is (Ordinance No. 2021- for the violation of this
Rocky Patel. 17,as amended,Chap ordinance; providing
23-2t-211i ter 78 (parks and rec for the repeal of all
" reation) Article VIII ordinances in, conflict;
(planting, maintaining providing a severabil-
OF trees, shrubs on public ity clause; and provid-=
property), Section 78- ing for an effective
Ordinance 256(B)(3)A. (adjacent date.
No.2023-44 landowner responsibil-
ity); increasing the re- Ordinance
An ordinance of the quired clearance height No,2024
City of Wylie, Texas, of trees and shrubs that
amending Wylie extend over the curb An ordinance of the
Code of Ordinances, line; providing'for re City of Wylie, Texas,
Ordinance No. 2021-, Pealing, savings and amending the Com-
17, as amended, Ap- severability clauses; prehensive Zoning
pendix A - .compre- Providing for an effec Ordinance of the City
di
tive date of this or of Wylie, as hereto-
Article IV (engineer- 'lance; and providing fore amended, 'so as '
ing' fees),; amending for the,;publication of to change the zon-
Section D (engineer- the caption hereof, ing on the hereinafter
ing inspection fees) described property,
23-gt-t2sli regarding the updating Zoning Case Number
of fees in response to 2023-i2,' from Com-
the implementation of
house bill 3492; pro-
viding for repealing,
savings and severabil-
ity clauses; providing
for an effective date of
this ordinance.