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Ordinance 2007-20 ORDINANCE NO. 2007-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 9(NONCONFORMING USE5 AND STRUCTURES) OF THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, WHICH IS INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE PROCEDURES TO APPLY CURRENT REGULATORY SYSTEMS TO PROJECTS TO THE EXTENT REASONABLY POSSIBLE AND WITHIN THE CONFINES OF THE LAW AND TO DO ALL THINGS REASONABLY POSSIBLE TO PROTECT THE HEALTIi, SAFETY AND WELFARE OF THE PUBLIC; 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 Article 9, Comprehensive Zoning Ordinance No. 2001- 48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Article 9, Comprehensive Zoning Ordinance No. 2001-48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public, should be amended as set forth in Exhibit A(attached). Ordinance No. 2007-20 Amending Article 9-Nonconfornung Uses and Structures Comprehensive Zoning Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findin~s Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Article 9 Comprehensive ZoninQ Ordinance No. 2001-48, which is incorporated as Appendix A of the Wvlie Code of Ordinances ("Code"), as amended, to provide procedures to applv current re~ulatorv svstems to proiects to the extent reasonablv possible and within the confines of the law and to do all thin~s reasonablv possible to protect the health safetv and welfare of the public. Amendment to Article 9, Comprehensive Zoning Ordinance No. 2001-48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public, is hereby added to read as shown in Exhibit A(attached): SECTION 3: Savin~s/Repealing Clause: 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severabilitv: 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. Ordinance No. 2007-20 Amending Article 9-Nonconforming Uses and Structures Comprehensive Zoning Ordinance SECTION 5: Penaltv 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 Two Thousand Dollars ($2,000.00). 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this l Oth day of July, 2007. ~ Jo ondy, Mayor ~,.~°`~y,~0 F r~~j;``'~~f. ATTESTED TO AND • ` • ~"'f ~ . CORRECTLY REC ED BY: ~ p~- ,-~,6 _ ,.y ; ~ = . : ~ ~ : ~ . : : , ~ Carole Ehrlic City Secretary ''•,,,~y~ jE, °'EXp,~~~•~` APPROVED AS TO FORM: \ ) ^ ~ Abernathy, Roeder, Boyd & Joplin, P.C. Julie Y. Fort City Attorneys Date of publication in The Wylie News - Julv 18, 2007 Ordinance No. 2007-20 Amending Article 9-Nonconforming Uses and Structures Comprehensive Zoning Ordinance PROPOSED Zoning Ordinance ARTICLE 9 NONCONFORMING USES AND STRUCTURES SECTION 9.1 INTENT The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or a prior zoning ordinance may be continued although such use does not conform with the provisions of this ordinance, provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare, and further, the right of nonconforming uses to continue or to use nonconforming structures shall be subject to the specific regulations herein contained. SECTION 9.2 NONCONFORMING STATUS DEFINED A. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved. B. Except as provided in this Article, no nonconforming use of land or nonconforming buildings shall be enlarged, changed, altered or repaired except in conformity with these regulations. C. Any use or structure that does not conform with regulations of the zoning district in which it is located shall be deemed nonconforming when: 1. The use was in existence and lawfully operating prior to the time of the passage of the previous zoning ordinance No. 2001-48, effective 11/11/2001, and has since been operating without discontinuous; or 2. The use or structure was a lawful use or structure at the time of the adoption of any amendment to this ordinance but by such amendment: (i) the use is placed in a district wherein such use is not otherwise permitted; or (ii) the structure is made to be nonconforming; or 3. The use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City and has since been in regular and continuous use. D. Single-family or two-family dwellings constructed prior to 11/11/2001 which do not provide the off- street parking required by ordinance shall be considered conforming in regards to parking. Furthermore, single-family or two-family dwellings constructed on platted lots which may now be legally nonconforming due to stricter standards contained in this ordinance, shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming. Page 1 PROPOSED Zoning Ordinance SECTION 9.3 REGISTRATION OF NONCONFORMING USES AND STRUCTURES The operator, owner or occupant of any nonconforming uses of land or nonconforming structures shall, within eighteen (18) months after the date on which the use or structure became or becomes nonconforming, register the nonconforming use or structure by obtaining from the Building Official a Certificate of Occupancy. Such nonconforming certificate of occupancy shall be considered as evidence of the legal existence of a nonconforming use or structure as contrasted to an illegal use, structure or violation of this ordinance. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses or structures and shall, on written request and payment of the required fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. SECTION 9.4 CONTINUANCE OF NONCONFORMING USES AND STRUCTURES 9.4.1. NONCONFORMING USES A. Except as otherwise provided in this ordinance, the nonconforming use of a building, land or structure lawfully existing at the time of the effective date of this ordinance may be continued. B. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. C. Any existing vacant lot platted prior to the adoption of this ordinance which was legally conforming prior to the adoption of this ordinance shall be deemed a conforming lot. 9.4.2. NONCONFORMING STRUCTURES A. A legal nonconforming structure may continue to be occupied, upon receipt of a certificate of occupancy, except as herein otherwise provided. B. Repairs, renovations and alterations may be made to a nonconforming structure, provided that: (i) no structural alteration shall be made except those required by law or ordinance or those required to preserve the structure, unless the structure is changed to a conforming structure; and (ii) the work does not increase the nonconformity or expand the existing area of the nonconforming structure or any nonconforming use therein. This ordinance shall never be construed to allow an addition to a nonconforming structure. C. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district. SECTION 9.5 EXPANSION OF NONCONFORMING USES OR STRUCTURES A. No nonconforming use may be increased as of the effective date of this ordinance, unless specifically authorized in this ordinance, unless approved by the Board. B. No additional structures shall be erected in connection with a nonconforming use of property. C. The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 2 PROPOSED Zoning Ordinance D. A nonconforming structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such structure is located, unless approved by the Board. SECTION 9.6 TERMINATION OF NONCONFORMING USES OR STRUCTURES The right to operate a nonconforming use and/or occupy a nonconforming structure shall cease and the use shall be terminated and/or the Certificate of Occupancy revoked under any of the following circumstances: A. When the use is discontinued or abandoned. Discontinuance of a nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. B. The following shall constitute prima facie evidence of discontinuance or abandonment of a nonconforming use or nonconforming structure: 1. When land used for a legal nonconforming use shall cease to be used in such manner for a period of six (6) months. 2. When a legal nonconforming structure shall cease to be occupied for a period of six (6) months. 3. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been immediately abandoned. C. When any provision of this ordinance or any other ordinance, or Federal or State Statute is violated with respect to a nonconforming use or nonconforming structure. D. When a nonconforming use is changed to a conforming use by rezoning. E. When a nonconforming structure receives a variance from the Board for each non-complying feature. F. When the structure housing the use is destroyed by the intentional act of the owner or the owner's agent. G. When the right to occupy a nonconforming structure or to maintain or operate a nonconforming use has been terminated by the Board. H. If a legal nonconforming structure or a structure housing a legal nonconforming use is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, it shall not be again restored, rebuilt or used if the expense of such restoration exceeds seventy-five (75) percent of the fair market value of the structure at the time such damage occurred unless the subsequent use of such structure and the repair or reconstruction of such structure shall conform to all the regulations of the zoning district in which it is located, and it shall be treated as a new structure. A restoration or reconstruction in violation of this ordinance immediately terminates the right to operate the nonconforming use or occupy the nonconforming structure. SECTION 9.7 TERMINATION OF NONCONFORMING USES BY THE BOARD The Board may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Board may take specific action to abate, remove, limit or terminate any nonconforming use under a plan where the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 3 PROPOSED Zoning Ordinance within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period: A. The owner's capital investment in the structures on the property at the time the use became nonconforming. B. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period. C. The life expectancy of the investment. D. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. E. Removal costs that are directly attributable to the establishment of a termination date, and F. Other costs and expenses that are directly attributable to the establishment of a termination date. SECTION 9.8 CHANGING NONCONFORMING USES A.A lawful nonconforming use of a structure or building may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required and allowed by law or ordinance, are made therein. If no structural alterations are made, a lawful nonconforming use of a structure or building may be changed to another nonconforming use of a more restrictive classification, after approval by the Board, but where the use of a nonconforming structure, land or building is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification. If a nonconforming use of a structure, land or building is terminated, whether voluntarily or otherwise, the future use of such structure, land or building shall be in conformity with the provisions of this ordinance. B. No nonconforming use shall be changed to another nonconforming use that requires more off-street parking facilities or off-street loading spaces than the original nonconforming use unless additional off- street parking facilities and loading spaces are provided so as to comply with the requirements of this ordinance. C. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. SECTION 9.9 RESTORATION OF A DAMAGED PROPERTY HOUSING A OWNER- OCCUPIED, NONCONFORMING SINGLE-FAMILY RESIDENTIAL STRUCTURE A. Nothing in this ordinance shall prevent the restoration of an owner-occupied single-family residential structure which has been destroyed to any extent by fire, explosion, storm or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part of the building which existed at the time of partial destruction, provided that the building permit for the reconstruction is applied for within six (6) months of the destruction and the reconstruction is completed within one (1) year of the date of permit issuance. The continued occupancy shall be conditioned upon compliance with and subject to applicable health, safety and building code regulations. B. The structure can only be restored or reconstructed so as to have the same height and floor area that it had immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING U SES AND STRUCTURES Page 4 PROPOSED Zoning Ordinance C. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. SECTION 9.10 RECONSTRUCTION, ENLARGEMENT, AND REPAIR OF NONCONFORMING STRUCTURES AND RESUMPTION OF NONCONFORMING USE A. If a legal nonconforming structure or a structure housing a legal nonconforming use is partially damaged or destroyed, meaning the expense of such restoration does not exceed seventy-five (75) percent of the fair market value of the structure at the time such damage occurred, other than by the intentional act of the owner or the owner's agent, or is damaged to the extent that it shall be impractical to repair the existing structure and demolition is required, the owner or owner's agent may restore or reconstruct the structure on the existing foundation without Board approval, if: 1. The work does not increase the degree of nonconformity existing prior to such damage, destruction or demolition; and 2. Reconstruction is started within one (1) year of the event damaging or destroying the structure. The Board may extend the one (1) year time period, if the owner shows that he has intended to rebuild the property. Deleted: <sp> B. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 5 ARTICLE 9: NONCONFORMING USES AND STRUCTURES ; C8S M~dia, Inc. •'~I~c ~farmrr5bille ~GimeS • vlui-~~hy Nlonitor • The Princeton Herald • The Sachse News •'I'lll; A~YLIE:VI~.~1~~ RECEIVED STATE OF TEXAS ~ AUG 1 2007 COUNTY OF COLLIN FINANC~ , ~1~3 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 Number 2007-20, 2007-21 and 2007-22 was published in said newspaper on the following dates, to-wit: July 18, 2007 Chad Engbrock, Publisher + h Subscribed and sworn before me on this, the ~ day of , 2007 to certify which witness my hand and seal of office. . ~~~u,~c~/r~~ RV SWANK Sexas ;,,yP~e,,, MPubp~:5tateof ~res Notary Public in and for ;~~P~ : N~MV ~0m qe~ 22, 2p10 _ $eP~em The State of Texas - ~ ~ My commission e~pires " a~-~~ t~ Mw-phy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-551~ • fax 972-4~3-~ ~ 18 Farmersvi lle/Princeton Office •]Ol S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-G397 • f~ix 972-782-7023 Page 4- Section C- C~S MEDIA PUBLICATIUNS - July 18 - 19, 2007 AM~I~~ED, "1~ gg~' ORDINANCE N4. WHICH SUCH FRAN- ~ yIDE P~' .~I7'(~S 2il~t}3-03, WHI~H ~ IS CHTS~~~ SHAL3~ BE TQ APPL~ C~l[R~tEl'~T INCORPORATED AS EXERCISEb; PROVID- REt3~ULAT~ItY SYS- A~!'PE~ikJ~X A~:O~ TI~ IP~TG FOR ADEQUAT~ TEMS TO PRQ,IECTS '~(~E OP, C~MF~NSATIt3N TO TO THE EXTENT REP?- F~R~k~1+TA~iCES,,. !~5 ~E PAID,TO THE`CTTY; SONABLY P06SIBLE T~ PRO-.! PRESCRIBING ' THE: ~ND WITI3IN THE REGULATTO~tS T~1t1VIS ~F THE FRAN= , , CONFINES OF THE ~~p~rjlNG „ TI~E ~~II~E;, PROVIDINC~ LAW AND TO DO ALL p~~~j~p~~N"f ~?F ~O~t S.R4'VYNG, THINGS REASONAI~LY (Qg_~y; PRO- REPEAI:ING'r . AAiD POSSIBLE TO PRO- VIDING FOR A S E V E R A B I L I T Y TECT THE HLALTH, pENALTY FOR THE CLAUSES; PROVID- SAFETY AND WEL- VIOLATION OF THIS ING FOR AN EFFEC- FARE OF THE PUBLIC; ORDINANCE; PRO- TIVE DATE OF THIS PROVIDING FOR A VIDING FOR REPEAL- ORDINANCE AND PENALTY FOR THE ING, SAVINGS AND PROVIDING FOR THE VIOLATION OF THIS S E V E R A B I L I T Y PUBLICATION OF THE ORDINANCE; PROVID- CLAUSES; PROVID- CAPTi.ON` "`HBR~~F. ING FOR REPEpLiNG, ~G FOR AN EFFEC- - SAVINGS AND SEVER-- TIVE DATE OF THIS IN ACCORDA~CE ABILITY CLAUSES; ORDINANCE; AND WITH THE CHARTER PROVIDING FOR AN pROVIDING FOR THE OF THE CITY; THIS EFFECT~VE DRTE OF pUBLICATION OF THE ORDINANCE SHALL THIS ~RDINANCE; CAPT'ION HEREOF. BECOME< EFFECTIVE AND P1'~OV~D~1G FOR ON AUGUST 10, 2007. ~Il' 'ANCE 1"~ PUBLYCATIOI~T OF ORDINANCE NO. 2047-20 ~APTION HERE- NO. 2007-22 John'Mondy, Mayor OF. ATTEST: AN ORDINANCE OF AN ORDINANCE OF Carole Ehrlich, THE CITY OF WYLIE, ORDINANCE THE CITY OF WYLIE, City Secretary" TEXAS, AMENDING N0: 2007-21 TEXAS GRANTING TO ,~-~.t-~39-~391i ARTICLE 9 (NdNCON- FARMERS ELECTRIC FORMING USES AND AN ORDINANCE OF COOPERATIVE, INC„ STRUCTURES) OF THE THE CITY OF WYLIE, ITS SUCCESSOR AI~D C O M P R E H E N S I V E, TEXAS, AMENDING ASSIGNS THE FRAN- ZONII~iG ORDINANCE ARTICLE II,. BY CHISE AND ~2IGHTS N0. 2001-48, WHICH IS ADDING SECTION TO CONDUCT THE INCORPORATED AS 2,12, QF THE SUBDIVI- BUSINESS O~ APPENDIX' A OF THE ~ SION REGU~.AT~(aN E}CQUIRING, MAIN- WYLIE CODE OF T A I N I N G, uEQI~DINANG~S,~ ~~S ~onhie~ p~uge S INSTALLING AND ~ UPERATING AN ELEC- TRIC SYSTEM TO THE CITY OF V~YLIE AND THE INHABITANTS THEREOF; GRANTING THE RIGHTS TO USE THE S'FREETS, ALLEYS AND OTHER PUBLIC WAYS IN THE CITY FOR SUCH PUR- POSES; PRESCRIBING THE CONDITIONS, RESTRICTIONS, OBLIGATIONS AND LIMITATIONS LTNDER