Ordinance 2010-22ORDINANCE NO. 2010-22
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ZONING ORDINANCE 2001 -48, ARTICLE 8, SECTION 8.5
(CERTIFICATES OF OCCUPANCY AND COMPLIANCE) OF THE WYLIE
COMPREHENSIVE ZONING ORDINANCE; ALLOWING FOR AND
PROVIDING PROCEDURAL REGULATIONS FOR CERTIFICATE OF
OCCUPANCY REQUIREMENTS; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas ( "Wylie ") to amend Zoning Ordinance No. 2001 -48, Article 8, Section 8.5 (Certificates of
Occupancy and Compliance).
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 Zoning Ordinance No. 2001 -48, Article 8 The City of
Wylie's Comprehensive Zoning Ordinance No. 2001 -48, Article 8, Section 8.5 (Certificates of
Occupancy and Compliance) is hereby amended to read as follows:
Section 8.5 Certificates of Occupancy and Compliance
A. Certificate of Occupancy Required
No use, or change of use, shall take place until a Certificate of Occupancy has been issued by
the Building Official. Certificates of Occupancy shall be required for any of the following:
1. Occupancy and use or occupant of a building erected or structurally altered.
2. Change in use or occupant of an existing building to a use of a different classification.
3. Occupancy and use of vacant land, except for an agricultural use.
4. Change in the use of land to a use of a different classification.
5. Any change in the use or occupant of a nonconforming use.
6. Any change in ownership of an existing use.
Ordinance 2010 -22
Certificates of Occupancy and Compliance
ZC2010 -06
B. Procedure for New or Altered Buildings
Written application for a Certificate of Occupancy for a new building or for an existing building
which is to be altered shall be made at the same time as the application for the building permit
for the building. The certificate shall be issued within 10 days after a written request for the
certificate has been made to the Building Official or his or her agent after the approved and
accepted erection or alteration of the building that has been completed in conformity with the
provisions of this ordinance.
C. Procedure for an existing building or space.
It shall be unlawful to make any change in the use, occupancy or ownership of any existing
structure and/or space to be used for a commercial purpose without obtaining a certificate of
occupancy from the City of Wylie Inspections Department, prior to any release of utilities
(electrical, gas or water) being approved by the City of Wylie Building Official or the
Inspections Department. If there is no change within the use group classification by the new
Occupant of any existing structure to be used for a commercial purpose, the existing off - street
parking requirements shall be deemed to be adequate in accordance with Article 9
Nonconforming Uses and Structures. A certificate of occupancy shall be approved only after
application is made and all codes deemed in compliance after inspection by the building
official, the fire marshal, and the planning department or designated representatives thereof.
Certain business establishments may require health department approvals or separate permits
prior to operation. Such certifications shall be indicative that the structure or space meets the
intent of the provisions of law governing building regulations for the purposed new Occupant or
occupancy classification and that such change does not result in any greater hazard to the public
safety or welfare.
D. Procedure for Vacant Land or a Change in Use
Written application for a Certificate of Occupancy for the use of vacant land, or for a change in
the use of land or a building, or for a change in a nonconforming use, as provided in this
ordinance, shall be made to the Building Official. If the proposed use is in conformity with the
provisions of this ordinance, the Certificate of Occupancy shall be issued within 10 days after
the application for the certificate was made if the applicant satisfies the provisions of the
building code, fire laws and other pertinent ordinances of the City and identified code
compliance requirements as determined by the City of Wylie Planning, Building, Code, and
Fire Marshal representatives.
E. Contents
Every Certificate of Occupancy shall state that the building or the proposed use of the building
or land complies with the provisions of the building code, fire laws and other pertinent
ordinances of the City. A record of all certificates of occupancy shall be kept on file in the
office of the Building Official or his or her agent and copies shall be furnished on request by
any person having proprietary or tenancy interest in the building or land affected.
Ordinance 2010 -22
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F. Temporary Certificate
Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be
issued by the Building Official for a period not exceeding six months, during the completion of
alterations or during partial occupancy of a building pending its completion. The temporary
certificates shall not be construed as in any way altering the respective rights, duties, or
obligations of the owners or of the City relating to the use or occupancy of the premises or any
other matter covered by this ordinance.
G. Certificates for Nonconforming Uses
A Certificate of Occupancy for all nonconforming uses is required by Article 9, Section 9.3.
SECTION 3: Savings/RepealinClause: Wylie's Comprehensive Zoning Ordinance No.
2001 -48, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby
repealed, but such repeal shall ;not° abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeatprcv�it a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 4: 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: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001 -48, as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
Ordinance 2010 -22
Certificates of Occupancy and Compliance
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DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, on this 14th day of December 2010.
ATTEST-
—� '4a7tz 6 L
C le Ehrlich, ri ecretary
DATE OF PUBLICATION:
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Ordinance 2010 -22
Certificates of Occupancy and Compliance
ZC2010 -06
X C&S Media, Inc.
Mhe _1tirmergbille Timex • Murphy Monitor • The Princeton Herald • The Sachse News • TIIE WYLIE NEWS
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STATE OF TEXAS NA
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached:
City of Wylie
Ordinance No. 2010 -22
was published in said newspaper on the following dates, to -wit:
December 22, 2010
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the (6—day of , 2010
to certify which witness my hand and seal of office.
42 (L - �Zwv�
Notary Public ' d for
Y a� The State of Texas
{ Sonia A Duggan
My Commission Expires
', � 09 %02/2011 My commission expires
Murphy /Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972- 442 -5515 • fax 972 - 442 -4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442.972- 7846397 • fax 972 - 782 -7023
C&S Media Publications, December 22 -23 2010 C3
NAN7C
PiO. , 2010.22
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING ZON-
ING ORDINANCE.
2001 -48, ARTICLE
8, SECTION 8.5
(CERTIFICATES OF
OCCUPANCY AND
COMPLIANCE) OF
THE WY'LIE COM
PREI NSIVE ZON-
ING ORDINANCE;
ALLOWING FOR
AND PROVIDING.
PROCEDURAL
REGULATIONS
FOR CERTIFICATE
OF OCCUPANCY
REQUIREMENTS;
PROVIDING FOR A
PENALTY FOR THE.
VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAV-
INGS AND SEVER -
ABILITY CLAUS-
ES; PROVIDING
FOR, AN EFFEC-
TIVE , DATE OF
THIS ,ORDINANCE;
AND PROVIDING
FOR THE PUBLI-
CATION OF THE
APTION HEREOF.
32 -1t-40 -339