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03-17-1994 (Zoning Board of Adjustment) Agenda Packet AGENDA ZONING BOARD OF ADJUSTMENTS WYLIE MUNICIPAL COMPLEX MARCH 17, 1994 6:30 p.m. CALL TO ORDER PUBLIC HEARING 1. Hold Public Hearing to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted for construction at 211 Industrial Ct. and further described as: Lot 6, Abstract 820 of the Railroad Industrial Park 2. Hold Public Hearing to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as: Lots 4, 5, & 6 of the McMillen Farms Addition ADJOURNMENT A0 5 e A - //- b? PUBLIC HEARING # 1 BOARD OF ADJUSTMENTS APPLICATION FOR APPEAL/SPECIAL EXCEPTIONNARIANCE Case No. BOA Date 2 - Z 9 44 Fee Paid Applicant T D A) kA,L, A 6 s Address 2px /3 Z9' kt,Y 1e & , x Home No. 1-542 -//Co 6 Work No. - 11 , Owner of record `De„) 1D4, c Address 5,A m e Location of Property 2 /j i ol,� c%:A ) C',nil Total Acreage Legal Description L A7— r / ham' ( , 1 P/C \ S . / 1 .2/ A 5.722•,c P 7tp . e eto JA1:-e Co ));, i C )9y 1 Current Zoning /red L ��n p Current Use �� 'e Request , L p ro S c.,p.� we , e op) 15..E Reason Co 57. Signed m 0 _______; \ ii ./, y 11 ilk \ . I kit.- li /i, 1EsA ,\ t „\..._______ '..__Li I I ■ au s CON►ERCE • tr S' DRIVE — — I - tf _t f PROPOSED SO' ROW _ \ \ \ STSIDE fIDUS 'U1L PA K lu>N We:t.ate \k WO _ a - I DIM4T NDUS -L-N sae •l 1� !ii �' IV _ a it N II:B 5��01©�©©� `° 1131 ° � A I a '< 1"1 4 W Io -88888—gip = ©: • I Ie R ; k ® 119 ui I Ila s N -..__ .____] r• .r r.• - NI l'I'l I b O --I r •ALL ACE INDUSTRIAL 'K I I• Q) to a) — N (�i .p, U ail-4 40 KIT 1xi' — • SSlil I I _ _ A Is)� �mIry �� m '1 0©ODQM m.d. � b ICHEM RECYCL•G I G 4 67 A I O < TA UX • -• A NA,, r a ... COOPER on'tvE M O N .a Witt" . .-.7 3Psi• -ri. O. -it ' li>1.42. ili CO tt'. ir .Ar ToS Ylik 4 . al"-%T.; iiiiiiiiiiima66411 : • , I c . 4 If . 4" ' ' '" -14k : at --a-' . • .4:111#4,41 r 44.1 OV:l'az pia 111 , 'ci 4' i .N r 1"Tea If' *II f4iiiiiii-&147 0, . ...,. e I I , . i 7." . i It' C 141 k i p,ir W4:4.04*4 r•Veqg hi: i. • 1/,.,“ . 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A MAD I a II r 'i'f�i N •r N 1 SECTION III That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1 of Chapter 12 of the Wylie City Code be, and it hereby is, further amended by addition of the following section, to be known as Section 25.7 Minimum Structure Exterior Wall Standards.: "Section 25.7 The exterior wall standards for construction in the various districts shall be in accordance with the following standards: 25.7.1 Exterior Wall Standards, Residential Mpin) A. Exterior wall construction for'structures of two stories og less shall consist of a minimum of 75% masonry or masonry veneer. Masonry and masonry veneer shall be defined as brick, stone, decorative concrete block or as otherwise approved by the Building Official. The construction standards applies only to the first floor of a building in the following districts: A SF-1 SF-2 SF-3 MF 2F SF-A B. No single wall face of any residence shall contain less than 50% of it's exposed surface of masonry construction as herein specified. C. Exterior walls construction for all residential uses in districts where permitted other than those listed above shall meet the requirements of this section. D. Where more than 60% of existing number of residential structure along both sides of a street and lying between the two nearest intersecting streets do not meet the above minimum standards, the Building Official may allow new construction to be equal to that majority existing, but in no case less than required by the Uniform Building Code. 25.7.2 Non Residential Exterior Wall Standards A. Minimum exterior wall standards for non residential structures shall be of at least 75% brick, stone brick veneer, custom treated tilt wall, decorative concrete block, glass. These standards shall apply to any wall or portion of wall fronting, siding or backing upon a thoroughfare, and on all walls facing or abutting residential zoned districts. 4 B.This construction standards shall apply to the following districts: R B-i B-2 I C.The minimum exterior wall standards for Planned Development and Specific Use Permit shall be of exterior fire resistant construction as specified by the amending ordinance. 25.7.3. Exterior fire resistant construction as herein specified for residential structures shall consist of the designated percentage of the total exterior wall surface exclusive of windows and doors." SECTION IV That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1 of Chapter 12 of the Wylie City Code be, and it hereby is, further amended by deleting the existing Section 27 SIGNS and substituting the following therefore: "Section 27 SIGN REGULATIONS. For the purposes of this section the following definitions shall apply, unless otherwise indicated to the contrary. Awning. An architectural projection which provides weather protection, identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other materials, and may be illuminated. Banner. A temporary sign made of cloth, canvas or other light fabric. Canopy. A canopy is a roof-like structure which shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Dilapidated or Deteriorated Condition. Dilapidated or deteriorated condition shall mean any sign: (a) Where elements of the surface or background can be seen as viewed from the normal viewing distance (intended viewing distance), to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surface; or 5 ORDINANCE NO. g3"3) AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SCREENING AND LANDSCAPING STANDARDS FOR THE CITY, REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has determined in its legislative capacity that the installation and maintenance of landscaping and screening are necessary to protect and enhance the community's environmental, economic and aesthetic quality; and, WHEREAS, adoption of appropriate landscaping and screening standards would be in furtherance of the promotion of the public health, safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The following provisions be, and they hereby are, adopted as the Landscape and Screening Standards for the City of Wylie: I. APPLICATION A. These standards shall apply to all buildings and uses of land except single family dwellings and agricultural buildings when an application for a building permit is made for the following construction: (1) New Construction (2) Business renovations on an existing structure, valued at over S5,000.00 or additions of 800 square feet or more to the structure. or upon submission of a site plan as required by the City of Wylie or the Planning and Zoning Commission. 1 B. These standards shall also apply to existing properties that are not subject to building permit requirements when: (1) there is a substantial change in the distinguishing traits or primary features of the use of the building or land, as evidenced by increased parking requirements or a change in occupancy classification and/or (2) the City of Wylie or Planning and Zoning Commission determines that development of the property warrants site plan approval II. LANDSCAPING AND SCREENING REQUIREMENTS A. SCREENING REQUIREMENTS The screening requirements herein established shall be interpreted in conjunction with, and supplementary to, other similar requirements set out in the Wylie City Code, as the same now exists or is hereafter amended, specifically including without limitation those dealing with dumpster screening (Chapter 11 Section 15), and those required for separation of non- residential uses from residential uses (Chapter 12 Zoning Ordinance), and in the event of difference between the provisions hereof and any other sections of the Wylie City Code the more stringent requirement shall apply. 1. When screening is required hereunder the screening device shall be not less than six feet in height (unless otherwise specified) and shall be either decorative fence, masonry wall, earthen berm (maximum side slope of 3:1 and covered with vegetation), or live screening (if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the materials and design of the site being developed. 2. The following uses and activities shall be screened from adjacent property and public streets: a) outdoor storage areas b) outside display of merchandise (if otherwise allowable under City Codes), adjacent to the required front yard to a height of not less than three feet c) primary refuse containers (dumpsters) - in non-residential and multi-family uses shall be screened on three sides with an opening for access on the fourth side 2 B. LANDSCAPING REQUIREMENTS In non-residential districts the following landscaping requirements shall apply: (1) Every lot shall provide a minimum of 5% of the lot area to be utilized for landscaping. A minimum of one-half of the required landscaping area shall be located in the front yard. Required landscaping area shall not include driveways, paved walks, or right-of-way or easements for streets or alleys where a fence or wall is required by ordinance, the fence or wall may be located within the required landscaping area. (2) Visibility requirements - on any corner lot, all landscaping, whether or not required by the ordinance, shall be designed and maintained so that it shall not obstruct the vision of a motor vehicle driver approaching any street, alley or driveway intersection. When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between thirty (30) inches and nine (9) feet above the street grade level. The visibility triangles shall be determined by projecting a line fifteen (15) feet along the street right-of-wait and fifteen feet along the internal driveway and connecting the ends of the two lines. (3) All required landscape areas shall consist of a combination of trees, grass, shrubs, ground cover and other live plant material such as those contained in the recommended plant list. The combination shall consist of at least one (1) tree, ten feet (10') tall, or two (2) trees not less than two inches (2") in diameter, for each one thousand (1,000) square feet of required landscape area. C. MAINTENANCE REQUIREMENTS • (1) All plant material shall be maintained at all times in a living and growing condition. Dead landscaping materials shall be replaced with like or similar materials. (5) Adjacent right-of-way shall be kept mowed and properly maintained. Right-of- way shall not be included in the required percentage of landscaped area. 3 RECOMMEDED PLANT LIST LARGE TREES SMALL TREES Pecan Yaupon Hollies Red Oak Crepe Myrtle Burr Oak Wax Myrtle Water Oak Cherry Laurel ' Southern Magnolias Red Bud Live Oak Japanese Black Pine Bald Cypress Cedar Elm Bradford Pear EVERGREEN SHRUBS Red Tip Photinia Asian Jasmine - Burford Holly Honeysuckle Nellie R. Stevens English Ivy Chinese Holly Boston Ivy Yaupon Holly Liriope • Clearra Monkey Grass Nandinnia Virginia Creeper Dwarf Crepe Myrtle Vinca Japanese Ligustrum Mondo Grass Waxleaf Ligustrum Ophia Pogon Abelia Elaeagnus Junipers purple Sage Barberry PROHIBITED TREES Silver Maple Mulberry American Elm Hackberry Cottonwood Willow Green Ash Mimosa Sycamore Arizona Ash Syberian Elm 4 SECTION II Any person convicted of violating the provisions of this ordinance, or any part hereof, shall be fined in an amount not to exceed the maximum established by *54.01(b) of Texas Local Government Code, for convictions of health and safety violations and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. 5 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. By W. Akin ayor ATTEST: Ai/ . i Mary Nichols City Secretary S/ Approved: IAd116- Mill Ste- i •. : i • , City Att. e • PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A -D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 )4 I am in favor of the request for the reasons listed below Li I am opposed to the request for the reasons listed below 1. a,Tt I5 IN ( NDusreii4L t 1 ,etci Atit1 Noi 1M V,E) OF 6-EMEI? L- Pu i3Ltc._ 2. 3. Signature94,7444,fp1n.,/ Printed Name . tdyvt(/ L . c'i-r?1 %It-/ Address 21--C) q , i-ILAJy 7 a PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A - D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 ( kr I am in favor of the request for the reasons listed below ( 1 I am opposed to the request for the reasons listed below 1. T Do No �.� Th 7` 7"' y`' �� �0 A A qua :)6(. 1 , 2. � D tio�0 w ��IF �''�'' 7 3. Pht 5",":16 Signature I d ' er )t JAI — Printed Name RrAt p/ dp/ne" Address ISO 4,r /.3 7s- PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A - D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 f I am in favor of the request for the reasons listed below U j I am opposed to the request for the reasons listed below 1. III/ , )d Z614 Tv i31 d ►- /111 1s 2. n,d o-f-�,,,, �l�.s ,aw �/� gays ?� 11-1 Do M t ,4 iflit" 3. '�y�► 4111/97...--'. 1e' Signature 5.1"))f C1 M` Printed Name . r D� i? , 2t /JV Ok h 1 • Address h 4* Z-r PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A -D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 1 I am in favor of the request for the reasons listed below t►: I am opposed to the request for the reasons listed below 1. o im&c--h Q-Csk-' 4c) Sa 2. 3. Signature CGL ic?). '(r c- CA 4,c.3 Printed Name , C&Mt \`E 3. m c C ra..u) Address \ Co O C. a.fh i nt G-A `CrcK l nne,4 , T X -Z SO PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A - D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 f I am in favor of the request for the reasons listed below • f 1 I am opposed to the request for the reasons listed below 1. _,e u, ..". 2. )412-0t--1-/ „La- 1/4"..,,, Ae... au1- '.c/a 3. _ -4-; -- Gwv. 4-4ti P-.--I ) ` ".e '.-uc,�" 74 Ca/Us Ly Cyi X.-; r).„1,,,,,,,74 . )h, ,62,6,...,.6,4 At a-1/41,- . J----e---r w,_„i" „+ et-.- Signature L_ - ,.�:,i '/ "~'it Printed Name . 4 - K . 60 wf ,,r Address (' 6 , ,6a-14 /// !. PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Don Hughes to the decision of the Building Official requiring landscaping and masonry to be incorporated into the building site and structure currently permitted at 211 Industrial Ct. and further described as follows : Lot 6, Abstract 820 of the Railroad Industrial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A - D. Hughes Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 1 I am in favor of the request for the reasons listed below 1 I am opposed to the request for the reasons listed below 1. I e/jA-d-- 2. (04°6 3. Signature Z4. Printed Name . -bettiE W• -8e,1 Address 2(POQ Ayr X. Pt4 6+ "Ty. 75v9v To: The Board of Adjustments Wylie, Tx. From: Dave Bell Re: Decision of Building Official, Russell Wyman, requiring landscape and masonry to be incorporated to building site at 211 Industrial Ct. As a property and business owner in.Wylie, I have given serious consideration about the decision over the masonry and landscape required by the new building official. I sincerely feel that such requirements are not necessary. It will not help nor hurt the value of my property in any way. As a matter of fact, I have several compressors for coolers around the property at 207 Industrial Ct, , and trees would add to my woes by the leaves getting into the coils of my units. When I purchased the property at 205 and 207 Industrial Ct., there were four trees there and because of the leaves that blew into my coils, I had them taken up. If any trees or shrubs are planted close to my property, they will only cause me problems. I see no need for landscape or masonry on Mr. Hughes' property. Sin•erely Yours, i i(zeq it/ e 02 Dave W. Bell PUBLIC HEARING ti 2 BOARD OF ADJUSTMENTS APPLICATION FOR APPEAL/SPECIAL EXCEPTIONNARIANCE Case No. BOA Date 'fI C ti/2 c� 4,Ic Fee Paid Applicant �,QU 1ri fl✓G - Address ! 3 /S 4!¢JAcy /31g Home NoJ(fe/' 33G 6/ 20 Work No. 3 21-/7S �. Owner of record (64 v c. fr(ti o. I GA✓ . Address 13 I S (-r/I LUAy 13 7,S-' Location of Property G a 't /* 5 6 Total Acreage 3 O A e . Legal Description (,0 L—S C M e t c t eFAEn&s Current Zoning Sf' 1 Current Use o)F Request UPe_iA.NCF, 6y3 E o Pi— F N C� Reason W i T z e_ UU'•en-e (cl. �a5 4.10/1 l 3 78 Signed . 13`� (.2.) /0.032 A c R E S N. oi N { S. 89' 28'46" W., /56c.48' a i (1) .1. IN % 12' /0. 032 A C R E S ell o ® c0 1 /O. 030N. S.89`28'¢6"WN., /566. 6 6' i 4 CREs � Z inS � �.in Op V` k. ►� /'- /0, 032 ACRES op 1li; S\I LA S. 89"28'16"W•, /566.8/' Y, o I. A i5 5 ` _ I N o o I 2 �` /O. O32 A C R E S � -- fir„ �o I Z h O EIS '- N N \_ — -_\0 N .. 1 a i 1 S. 89°28'46"W., ' /566. 97' _ s. o W L. e P 1 ` I 0 61 1 lap r ' IN /0. 032 A C R E S05 a V jI N v I1 ! 2 ?�----260.22A et' ,5�_ _ / 002. Sq' 95.¢5� 1= 2' W.� 6 2`)57' S.89"29'06'h/.,¢7f.97 5. 89' 28'34° W., /0/2.59' r r J CJ c_ -- < - �._ _ ADE urnITY E,4SE /.s H, I- IInk 0 ACri 1 �� !M(T5 -== �— �i \��\ / i'l . / ;4 ( I l — \�� �� ,ram N / v 0 moo. i2 a ID ? 8 7 3 _ 41 03 AC RODE AT 1) IMO. L 4 7 O 14,40 AC (.) 5- r . 6, 1 — 13 - 3 2 • / nlcp- RMeh n� /........ ..y. 12 (----549 tO 1 2 3 4 516 7 8 O II 12 13 14 15118 17 18 _ 8 v on ilve • 11 6 c 7 s `�0"'plpN1C3 A 308 E, 3 8 vQ -QZE v _ as El 107 3 I IOa I 10 Q 10 ""0 lO u . 2 3 Kenne•v- Drive (I i 1244. �I 61T I t 2 3 43 6 1 7 6 9 r,co COWL CO u (1) A minimum of 1.5 spaces for the first § 12.00 FENCE REGULATIONS* bedroom unit contained in each dwelling unit; (2) A minimum of one (1) additional space § 12.01 Purpose for the second bedroom unit contained in The purpose of this section is to regulate the each dwelling unit;and construction,erection,enlargement,alteration,and maintenance of all fences within the boundaries of (3) A minimum of one half(1/2) additional the City of Wylie in order to provide a practical space for each bedroom in dwelling unit safeguarding of life, health, and property from that contains three (3) or more bedroom hazards that may arise from improper construction units with a maximum of three (3) of such installations. However, this section and parking spaces required for any dwelling the provisions hereof shall not apply to fences unit. erected or maintained in districts within the city which are zoned but are still under agricultural use (b) Provide a maximum of twenty-eight (28) as undeveloped property. dwelling units or seventy (70) bedroom units per acre on the property of the proposed development. (Ord.78-15 adopted 4-18-78,Sec.I) (c) The minimum dwelling unit shall be nine § 12.02 Permit to Install or Alter hundred(900)square feet. Fences (d) All construction of multi-story, multi-family (a) It shall be unlawful for any person to install condominiums shall be in an area zoned planned or cause to be installed,or to permit any person to unit development. install a fence or to make any alterations,additions (e) Protective covenants shall be filed with the or changes to a fence,without first having procured a permit to do so from the building inspector. request for planned unit development zoning. (b) The fee for a permit required by this section (f) Set back requirements — Any structure up to shall be as provided for in the fee schedule located and including four (4) stories in height must in the appendix of this Code of Ordinances and provide a minimum total side yard of forty feet shall be paid prior to the issuance of the permit. (40'). Minimum required side yard on one side of the structure is twenty feet (20'). Any structure (c) The building inspector shall require a plot plan above four(4)stories up to and including eight(8) showing the lot size, all improvements on the lot, stories in height must provide a minimum total and the proposed location of the fence to be side yard of eighty feet (80'). Minimum required constructed before a permit will be issued under side yard on one side of the structure is forty feet this section. (40'). (d) The building inspector may refuse to issue a Any structure beyond eight (8) stories in height Permit under this section to any person who has shall provide an additional five feet(5')of side yard for each two (2) stories in excess of eight (8) been convicted of a violation of any provision of this section. stories. (g) Open space — Provide and maintain in (Ord.78-15 adopted 4-18-78,Sec.II) accordance with city ordinances specified herein a § 12.03 Regulation of Electric Fences minimum of forty percent(40%)of the property in the development as reserved open space. (a) No fence constructed in such a manner that it may continuously conduct electrical current may be (h) A multi-story, multi-unit structure shall be allowed in any zoning district wherein farm fire protected as per the National Fire Protection animals are not allowed. Association Publication 13—D. (Ord.87-3 adopted 1 13 87,Sec.5) (b) Single-strand wires designed to conduct electricity through an approved low-voltage regulator shall be allowed only along the interior *Cross reference—Also see Sec. 24 of the Wylie zoning ordinance for other fence requirements. 3-25 base line of an otherwise permitted fence. No § 12.07 Height Limit for Fences Along permit shall be required for the erection and Rear Yard or Alley Line in maintenance of such single-strand electric wires. Residential Districts (Ord.78-15 adopted 4-18-78,Sec.III) No fence shall be constructed at a height exceeding eight feet (8') along the rear yard or alley line in § 12.04 Compliance with the Zoning residential districts. Ordinance (Ord.78-15 adopted 4-18-78,Sec.VII) All fences and fence locations shall conform to the requirements of the zoning ordinance of the city § 12.08 Height Limit for Fences on and nothing in this section shall be construed as Side Yard Line in Residential permitting construction of a fence which would Districts; Such Fences to be violate the provisions of the zoning ordinance, as Vertical the same now exists or may be hereafter amended. No fence shall be constructed at a height exceeding § 12.05 Location on or Protrusion Over eight feet (8') on any side yard line in residential City Property Prohibited districts up to the building line of the house proper. All such fences constructed on side yard No privately owned fence or guy wires, braces or lines in residential districts must be vertical. any other part of a privately owned fence shall be constructed upon or caused to protrude over (Ord.78-15 adopted 4-18-78,Sec.VIII) , property owned by the city. § 12.09 Front Yard Fences in Residen- § 12.06 Visibility Obstruction tial District Prohibited Except in Certain Applications; Height No fence shall be erected or maintained in a manner Limit and Visibility of Side so as to be a visibility obstruction as indicated in Property Line Fences Extending Figure 1 hereof and made a part hereof. or Constructed Past the Building Line Figure 1 No fence shall be constructed between the building line and front property line and/or street side building line for corner lots for residential buildings facing the side street, except for ornamental type fencing on side yard property lines built between the building line and front property I I line. Ornamental type fences not to exceed six feet (6') in height with at least fifty percent (50%) J \ through vision. s!' 1 n 42.-;. _t (Ord.78-15 adopted 4-18-78,Sec.IX) VI[1!00l TIIYCTIOM UNE § 12.10 Height Limit for Fences in 1 ; ►eorc�Tr To!c r e: Heavy Industrial and Light or wea oaTllueTlor Industrial Districts q PAOf VIEW r f0 Olt TREE �. d Of VIEW ouTeueno■ No fence shall be constructed at a height exceeding AREA OF VISIBILITY ten feet(10')in heavy industrial or light industrial districts. 2 (Ord.78-15 adopted 4-18-78,Sec.X) § 12.11 Height Limit for Fences Around Tennis Courts; Fence Arms Prohibited (Ord.78-15 adopted 4-18-78,Sec.VI) Fences around tennis courts, regardless of the district in which they are located, shall be 3-26 constructed at a height not exceeding ten feet(10'), completion, shall be continuously protected by an and fence arms shall not be allowed thereon. enclosure surrounding the pool or excavated area in such a manner as to make such pool or excavated § 12.12 Fence Arms Prohibited in area reasonably inaccessible to small children or Residential District; Limited animals. in Heavy Industrial or Light Industrial Districts Exceptions: Fence arms shall not be permitted in residential (1) This provision shall not apply to (a) districts or districts other than heavy industrial or bodies of water other than swimming light industrial. Fence arms may be permitted on pools which are owned or controlled by fences located in heavy industrial or light industrial the federal, state, county, or any agency, districts so long as they do not extend beyond the subdivision or department thereof; (b) property line. bodies of water located in natural drainageways. (Ord.78-15 adopted 4-18-78,Sec.XII) (2) In single-family occupancies, the § 12.13 Barbed Wire Prohibited Except enclosure may surround the entire single- in Heavy Industrial and Light family premise. Industrial Districts (3) In multi-family occupancies, the In no event shall barbed wire be permitted,except enclosure may include the courtyard which on arms in heavy industrial and light industrial surrounds the pool. zoning districts. (b) An enclosure shall be a fence,wall or building § 12.14 Inspection of New Fences not less than four feet (4') in height with no openings,holes or gaps larger than four inches(4") When any fence for which a permit has been issued measured in any direction except that measurement under this section is completed, it must be for a picket fence (one composed primarily of inspected. The building inspector's office shall be vertical members)shall be measured in a horizontal notified upon completion of the fence. The direction between members. building inspector will issue a card of acceptance if the fence complies with the provisions of this Editor's Note—Sec. 24-5(2) of the Wylie zoning section or reject the fence if it does not so comply. ordinance requires all fences enclosing swimming pools to be six feet (6') in height, not four feet (4'). (Ord.78-15 adopted 4-18-78,Sec.XIV) According to § 12.04 hereof, the zoning ordinance restrictions shall prevail. § 12.15 Maintenance (c) Gates and doors opening directly into such All fences constructed under the provisions of this enclosure shall be equipped with self-closing and section shall be maintained so as to comply with self-latching devices designed to keep and capable the requirements of this section at all times. of keeping such doors or gates securely closed,said latching device to be attached to the gate or door (Ord.78-15 adopted 4-18-78,Sec.XV) not less than thirty-six inches (36") above the grade or the floor. § 12.16 Appeals From Decisions Exceptions: Under This Section Any appeal from an interpretation of the building (1) The doors of any building forming any official of the provisions of this section shall be part of the enclosure herein above required made to the housing board of appeals. need not be so equipped. (Ord.78-15 adopted 4-18-78,Sec.XVI) (d) Swimming pools in existence on the effective date of this section shall be fenced in accordance § 12.17 Required Enclosure for with the requirements hereinabove set forth,and it Swimming Pools shall be unlawful to maintain any swimming pool in the corporate limits of the City of Wylie which is not protected by an enclosure in accordance with (a) Every swimming pool,or excavation designed the requirements of this section. or intended to ultimately become a swimming pool, while under construction as well as after 3-27 (e) All plans submitted to the City of Wylie for telephone and sewer lines, streets and bridges swimming pools to be constructed shall show located in floodplains; compliance with the requirements of this section, and the final inspection and approval of all pools (t) Help maintain a stable tax base by providing constructed shall be withheld until all requirements for the sound use and development of flood-prone of this section have been complied with by the areas in such a manner as to minimize future owner,purchaser under contract, lessee, tenant,or blight areas;and licensee. (g) Insure that potential buyers are notified that (Ord.78-15 adopted 4-18-78,Sec.XVII) property is in a flood area. Cross reference—Also see Sec. 24.5 of the Wylie (Ord.87-17 adopted 2-24-87,Art.I,Sec.A) zoning ordinance for swimming pool permits and other construction requirements. § 13.02 Methods of Reducing Flood Losses § 12.18 Fences Prohibited in Drainage Easements In order to accomplish its purposes, this section uses the following methods: No fence shall be constructed within any drainage easement in the corporate limits of the city unless (a) Restrict or prohibit uses that are dangerous to the city engineer shall have first determined and health, safety or property in times of flood, or advised the building official, in writing, that he or cause excessive increases in flood heights or she believes such fence shall, in all probability, velocities; not interfere with or impair the natural flow of water across the drainage easement. (b) Require that uses vulnerable to floods, including facilities which serve such uses, be (Ord.78-15 adopted 4-18-78,Sec.XVIII) protected against flood damage at the time of the initial construction; § 13.00 FLOOD DAMAGE (c) Control the alteration of natural floodplains, PREVENTION REGULATIONS* stream channels, and natural protective barriers, which are involved in the accommodation of flood water, § 13.01 Statement of Purpose (d) Control filling, grading, dredging and other It is the purpose of this section to promote the development which may increase flood damage; public health, safety and general welfare and to minimize public and private losses due to flood (e) Prevent or regulate the construction of flood conditions in specific areas by provisions designed barriers which will unnaturally divert flood waters to: or which may increase flood hazards to other land. (a) Protect human life and health; (Ord.87-17 adopted 2-24-87,Art.I,Sec.B) (b) Minimize expenditures of public money for § 13.03 Definitions costly flood control projects; Unless specifically defined below,words or phrases (c) Minimize the need for rescue and relief efforts used in this section shall be interpreted to give associated with flooding and generally undertaken them the meaning they have in common usage and at the expense of the general public; to give this section its most reasonable application. (d) Minimize prolonged business interruptions; Appeal—A request for a review of the flood plain (e) Minimize damage to public facilities and administrator's interpretation of any provision of utilities such as water and gas mains, electric, this section or a request for a variance. Area of shallow flooding—A designated AO,AH, or VO zone on a community's flood insurance rate *Charter reference—Article IX, Sec. ID: Power map (FIRM) with a one percent (1%) chance or of city to enact ordinances which establish emergency greater annual chance of flooding to an average administrative measures to be applied in the time of depth of one (1) to three (3) feet where a clearly natural disaster. 3-28 PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as follows : Lots 4, 5, & 6 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.U.A. - R. Rubalcava Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 jam] I am in favor of the request for the reasons listed below L j I am opposed to the request for the reasons listed below 1. II, cam.d (IS ,4 V '-14—e e. U-C p erc f'°' •` L/ t ram, e C'e S i r..� c c,. ( 2. I o c 'Cj ci /c) -/e ,c'c 3. Signatu Printed Name r.-c d 6-70 c PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as follows : Lots 4, 5, & 6 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A. - R. Rubalcava Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 4 I am in favor of the request for the reasons listed below ",� LJ I am opposed to the request for the reasons listed below C- e> 1 2. 3. Signature' Gd gn . / /G Gy r 5 u 4 tv Printed Name ' 51•Q/, / C PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as follows : Lots 4, 5, & 6 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A. - R. Rubalcava Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 I am in favor of the request for the reasons listed below ,_] I am opposed to the request for the reasons listed below 1. � 1N TAJ IL) � fr re s, k_e Ai( � Iv he 111)(L. r` Ub41.C .4vA- h , I CJ,,S42.)cfeS . 2. J--- + )c S -e C 6 ti d' , 4 'y L o t/v o v s ypf2tif< mF . Ui< Z 'i' he ey,' 15 osW ; Q-e Fe ✓C E'. , 3. Signature / ,aZ 0 & Printed Name 136 7Y)6 r3R, r) h PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as follows : Lots 4, 5, & 6 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A. - R. Rubalcava Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 x. I am in favor of the request for the reasons listed below U j I am opposed to the request for the reasons listed below 1. 2. 3. ----A dla Signatu 1 /,� / �1QAV, / Printed Name ��/Vg. 4A Ow4 March 9, 1994 Mr. Russell Wyman Building Official P. O. Box 428 Wylie, Texas 75098 RE: B. O. A. - R. Rubalcava Mr. Wyman: On behalf of the Lake Ranch Homeowners Association and as an adjacent land owner, I would like to request the Board of Adjustment's consideration to allow Mr. Rubalcava to leave in place the fence he has constructed across the front side of his property. It is obvious to us that the quality of this fence and the development of his residential property is an asset to the community and we would encourage the Board's consideration and approval. G Newman, reside t Lake Ranch Homeowners Association GN/yc w/Enclosure cc: Mr. Bob Galvan, 301 Lake Ranch Lane, Wylie, TX 75098 Mr. Raul Rubalcava, 1315 FM Rd. 1378, Wylie, TX 75098 Mr. Mark Kerr, 201 Lake Ranch Lane, Wylie, TX 75098 PUBLIC HEARING NOTICE The Board of Adjustments will hold a public hearing on Thursday, March 17, 1994 at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider an appeal from Raul Rubalcava to the decision of the Building Official requiring the removal of any fencing constructed between the building line and front property line except for ornamental type fencing along the side property lines at the residence located at 1315 FM 1378 and further described as follows : Lots 4, 5, & 6 of the Mcmillen Farms Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: B.O.A. - R. Rubalcava Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 I am in favor of the request for the reasons listed below [ 1 I am opposed to the request for the reasons listed below 1. ofrettonf7:' 76 deueim-/Aec,t_. 2. 3. Signature Printed ame, ,Sep / 4u,2eio 476s (441,14-2)/ 1r/f