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Ordinance 2014-38ORDINANCE NO. 2014-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO, 2001 -48, TO AMEND PROVISIONS TO ARTICLE 3 (RESIDENTIAL DISTRICT REGULATIONS), SECTION 3.1; AND ARTICLE 5 (USE REGULATIONS), SECTIONS 5.1 & 5.2 TO CREATE A NEW LOW DENSITY RESIDENTIAL CATEGORY OF SINGLE FAMILY — ESTATES DISTRICT (SF -ED); 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 Ordinance No, 2001 -48, to add provisions to Article 3 (Residential District Regulations), Section 3.1; and Article 5 (Use Regulations), Sections 5.1 & 5.2, of the Wylie Code of Ordinances as it relates to Low Density Residential uses. 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 Article 3 (Residential District Regulations), Section 3.1; and Article 5 (Use Regulations), Sections 5.1 & 5.2 Article 3 (Residential District Regulations), Section 3.1; and Article 5 (Use Regulations), Sections 5.1 & 5.2 of the Wylie Code of Ordinances is hereby amended as depicted in Exhibit A (Article 3, Section 3.1 Low Density Residential Districts), Exhibit B (Article 5, Section 5.1 Use Charts), & Exhibit C (Article 5, Section 5.2 Listed Uses) and are included and made a part of this Ordinance. SECTION 3: Savines/Repealine 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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. Ordinance No. 2014 -38 Amend Provisions to Article 3(Residential District Regulations) 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of November, 2014. V, e �(, Eric rogue, Mayoi U ATTEST: Carole Ehrlich, ecretary DATE OF PUBLICATION: November 19, 2014, in the ;3- o F A BPNIA FE RAILt ,Y s 0 ?of T { s� TAT oE1cp` Ordinance No. 2014 -38 Amend Provisions to Article 3(Residential District Regulations) L/ 7TY O Wl't1E EXHIBIT "A" Zoning Ordinance F ARTICLE3 RESIDENTIAL DISTRICT REGULATIONS .............................. ............................... Section 3.1 Low - Density Residential Districts ............................. A. Agricultural District (AG 130) ................. ............................... B. Single Fancily - Estate District (SF -ED) .............................. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS Ciry O EXHIBIT "A" Zoning Ordinance F WYC1F. ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS SECTION 3.1 LOW - DENSITY RESIDENTIAL DISTRICTS The Comprehensive Master Plan calls for the establishment of low- density residential areas throughout Wylie in order to preserve and replicate the rural environment. These districts provide for very low density residential development and agricultural uses which will preserve the rural amenities and character. B. Single Family - Estate District (SF -ED) 1. Purpose: SF -ED is a single family residential district for detached houses on individual lots and requiring a minimum lot size of 1 acre. The cultivation of agricultural crops and livestock are allowed. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for the Single Family — Estate District, including density, height, lot and unit size. Figure 3-2 - Single Fami Estate District SF -ED Lot Size Lot Areas . ft. Minimum 1 acre 43,560 sq. ft. Lot Width feet 100 Lot width of corner Lots feet 175 Lot Depth feet 200 Lot Depth of Double Front Lots feet 200 -Dwelling Regulations Minimum Square Footage 1,900 Design Standards Level of Achievement See Section 3.4 Residential Design Standards Yard Requirements —Main Structures Front Yard feet 50 Side Yard (feet) 20 Side Yard of Corner Lots feet 40 Side Yard of allowable nonresidential use feet 30 Rear Yard (feet) 50 Rear Yard Double Front Lots (feet) 50 Lot Coverage 45% -Height of Structures Main Structure (feet) 40 -Accessory Structure (feet) 20 ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS CITY O Wn]e EXHIBIT "A" Zoning Ordinance F 4. Additional Provisions: a. Refer to additional requirements in Article 7, General Development Regulations. b. A minimum separation of 50 feet between agricultural buildings and dwelling units on the same lot shall be maintained. c. A minimum separation of 100 feet between agricultural buildings and a dwelling unit on a separate lot shall be maintained, if the agricultural building is used for the raising of animals, otherwise the separation is 50 feet. d. Agricultural buildings for the purpose of this provision means those buildings used for the raising of crops or animals, or for the storage of agricultural equipment, supplies, or products. e. No more than two animal units per acre of pasture area. A mother and her un -weaned young are considered one animal unit. f. Livestock animals are limited exclusively to horses and other equine species, cattle, llamas, sheep and goats. Swine and fowl are expressly prohibited. Domestic animals are allowed consistent with the Code of Ordinances. Other types of animals which introduce an unusual disturbance to the community or adjoining property owners shall not be maintained. g. Accessory structures in the Estate District, except garages, must be located behind the main dwelling in the rear yard. CITY OF WY[ If q EXHIBIT `B" Zoning Ordinance FIGURE 5 -3 LAND USE TABLES PERMITTED USES Low - Density Residential Medium - Density Residential A.Agricultural & Animal Related AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Animal Boarding Kennel with Outside Pens S 2. Animal Boarding/ Kennel without Outside Pens S 3. Animal Production P* P* 4. Commercial Greenhouse or Nursery P* 5. Crop Production P* P* 6. Stable (Commercial) S 1 Crry cx= Wyl. I E i EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential B. Residential & Lodging AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Assisted Living Apartment 2. Bed & Breakfast Inn S S S 3. Boarding or Rooming House 4. Hotel or Motel 5. Manufactured Home P* P* P* P* 6. Manufactured Home Park 7. Multifamily Dwelling 8. Single Family Dwelling, Attached 9. Single Family Dwelling, Detached P P P P CITY OF WYLE{ W EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium- Density Residential C. Institutional & Community Service AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Cemetery or Mausoleum S S S S 2. Church/House of Worship P* P* P* P* 3. Civic Center 4. College or University S S 5. Cultural Arts Facility 6. Day Care Facility S S S S 7. Group Home P* P* P* P* 8. Hospital or Sanitarium 9. Library 10. Mortuary or Funeral Home 11. Nursing, Convalescent Home or Hospice 12. School (Public or Private) Elementary P* P* P* P* 13. School (Public or Private) Secondary P* P* P* P* 14. School, Business 15. School, Technical or Trade 1 CITY OF WYLIE EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential D. Office AG /30 SF -ED SF-20126 SF -10/ 24 1. Financial Institution (with drive -thru) 2. Financial Institution (without drive -thru) 3. Financial Institution, Alternative 4. General Office 5. Medical Clinic 011 Wvis1 EXHIBIT "B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential E. Recreational, Entertainment & Amusement AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Commercial Amusement or Recreation (Low - Density Inside) 2. Commercial Amusement or Recreation (High - Density Inside) 3. Commercial Amusement or Recreation (Outside) 4. Community Park, Recreation Center, or Golf Course (Public) P P P P 5. Country Club or Golf Course (Private) P P P P 6. Golf Driving Range S S S S 7. Health Club 8. Neighborhood Park or Playground P P P P 9. Sexually- Oriented Business 10. Shooting Range, Indoor 11. Theater CITY OF WYLIF. 9 EXHIBIT "B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential F. Retail, Personal Service & Commercial AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Animal Clinic or Hospital S 2. Automobile Rental 3. Automobile Repair, Major 4. Automobile Repair, Minor 5. Body Art Studio 6. Car Wash 7. Club or Lodge (Non- profit) 8. Contractor's Maintenance Yard 9. Dry Cleaning or Laundry, Drop -Off or Self Service 10. Cleaners (Commercial) 11. Equipment Rental 12. Food Processing 13. General Merchandise Store 14. Grocery Store 15. Home Improvement Center, Lumber, Brick, or Building Materials 16. Household Equipment & Appliance Repair 17. Motor Vehicle Fueling Station 18. Pawn Shop 19. Personal Service Use 20. Restaurant with Drive -in or Drive- through Service 21. Restaurant without Drive -in or Drive- through Service 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair 23. Vehicle Display, Sales or Service l C'n�t� oF� hv�t�[1i r EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential F. RETAIL, PERSONAL SVC & COM., CONT. AG 130 SF -ED SF -20/ 26 SF -10/ 24 24. Beer & Wine Package Sales 25. Antique Shop (Inside Sales) 26. Secondhand Goods 27. Used Merchandise Resale/Consignment or Thrift Shop CITY! F WYLIE t EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium- Density Residential G. Utility, Transportation & Public Service AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Airport, Heliport or Landing Field 2. Animal Shelter 3. Commercial Bus Station, Terminal or Service Facility 4. Commercial Radio or TV Transmitting Station 5. Electric Substation or Gas Regulator Station 6. Helipad 7. Local Utilities P* P* P* P* 8. Mounted Antenna S S S S 9. Police or Fire Station P P P P 10. Post Office S S S 11. Radio, Television or Microwave Tower S 12. Railroad Yard 13. Sewage Treatment Plant 14. Telecommunications Tower S S S S 15. Telephone Exchange without Shops or Offices 16. Transit Passenger Shelter P P P P 17. Utility or Government Installation other than listed S 18. Water Treatment Plant, Reservoir or Water Storage 01'1 F«'1'lfi 9 EXHIBIT "B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential H. Industrial & Manufacturing AG /30 SF -ED SF -20/ 26 SF -10/ 24 I. Asphalt or Concrete Batch Plant 1. Auto Auction 2. Industrial (Inside) 2. Contractor's Maintenance Yard 3. Industrial (Outside) 3. Freight Terminal 4. Light Assembly & Fabrication 4. Landfill 5. Mining S 6. Printing & Publishing 6. Mini - warehouse (Self - storage) 7. Salvage or Reclamation of Products (Inside) 7. Office Showroom/Warehouse 8. Salvage or Reclamation of Products (Outside) 8. Outside Storage PERMITTED USES Lo - ensity Residential Medium -Densi Residential I. Wholesale, Distribution & Storage AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Auto Auction 2. Contractor's Maintenance Yard 3. Freight Terminal 4. Landfill 5. Livestock Auction Pens or Sheds 6. Mini - warehouse (Self - storage) 7. Office Showroom/Warehouse 8. Outside Storage 9. Recycling Collection Center 10. Warehouse/ Distribution Center f Crrti� or WY ►.r6 i EXHIBIT `B" Zoning Ordinance PERMITTED USES Low - Density Residential Medium - Density Residential J. Accessory Uses AG /30 SF -ED SF -20/ 26 SF -10/ 24 1. Accessory Agricultural Buildings P* S 2. Accessory Community Center (Private) P* P* P* P* 3. Accessory Game Court (Private) P* P* P* P* 4. Accessory Outside Display of Merchandise T T T T 5. Accessory Outside Sales 6. Accessory Outside Storage p T T T 7. Amateur Communication Tower P* P* S S 8. Caretakers Quarters/Domestic or Security Unit S T 9. Home Occupation P* P* P* P* 10. Private Stable P* P* 11. Swimming Pool (Private) P* P* P* P* PERMITTED USES Low - Density Residential Medium- Density Residential K- Temporary Uses AG/30 SF -ED SF -20/ 26 SF -10/ 24 1. Christmas Tree Sales 2. Occasional Sale/Garage Sale P P P P 3. Seasonal Sales Stand T 4. Temporary Concrete or Asphalt Batch Plant T T T T 5. Temporary Construction Yard, or Construction or Sales Office 6. Temporary Crop Production p T T T 7. Temporary Grazing T T T T 8. Temporary Living Quarters T T 9. Traveling Show, Carnival or Circus Ciro! Wti2iF EXHIBIT "C" Zoning Ordinance f SECTION 5.2 LISTED USES A. Agricultural & Animal - Related Uses 3. Animal Production a. Definition: Animal production means an area used for the raising of animals and the development of animal products on a commercial basis. Typical uses include cattle and sheep ranching, dairy farming, fish farming, and the raising of poultry and swine. b. Additional Provisions: AG /30 Districts: (1) Site must be surrounded by agricultural or industrial zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 5 acres. (3) (4) The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. (5) The area used for the production of large animals, which includes but are not limited to pigs, cows, sheep, goats, and horses, shall not be located closer than one -half of a mile to any residential zoning district, and one - quarter of a mile to any commercial zoning district. (6) Structures may be erected for a private stable, pen, barn, shed or silo for raising, treating, and storing products raised on the premises. A dwelling unit is also permitted. SF -ED Districts (1) Site must be surrounded by Agricultural or Estate District zoning or a major arterial on all sides. (2) This use shall not be operated on an area less than 10 acres. (3) Equine species only. Swine and poultry prohibited. (4) The area used for the production of animals shall be set back from the front and rear property line a minimum 150 feet, and from the side property line a minimum of 75 feet. (5) Structures may be erected for a private stable, pen, barn, shed or silo for raising, treating, and storing products raised on the premises as an accessory structure only, and may not exceed 2% of the lot area. ARTICLE 5: USE REGULATIONS CITY O WYL1F. EXHIBIT "C" Zoning Ordinance F J. Accessory Uses 1. Accessory Agricultural Buildings a. Definition: Accessory agricultural buildings means buildings used for agricultural purposes, including farming, dairying, horticulture, floriculture, animal and poultry husbandry. b. Additional Provisions: AG District: i. Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. ii. The area used for the production of animals shall be set back from the front, side and rear property line a minimum of 100 feet. iii. The area used for the production of large animals, including but not limited to pigs, cows, sheep, goats, and horses, shall be located at least one -half of a mile away from any residential zoning district, one - quarter of a mile from any commercial zoning district. SF -ED District: i. Accessory agricultural buildings used for raising animals shall only be permitted on sites of 5 acres or more. E ARTICLE 5: USE REGULATIONS Z be armersbflle ZFiuies Murphy Monitor - I lie Princeton Herald - 74(, Sa Jiu� News - THE WYLIE HEWS 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 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. 2014 -38 was published in said newspaper on the following dates, to -wit: November 19, 2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of jle '2014 to certify which witness my hand and seal of office. Sonia A. Duggan �� � Commission e% 09 -02 -20016 l Notary Public i�W for The State of Texas My commission expires h1urphN /Sac hsc ` VvIic 011 ice -1 10 N- Ballard • T'_O_ Box 369 - Wyhc I X 75098 -972 -4-42 5. 15 - I a\ 972 -442- -{311,1 I'�arnierc% ill e- Princeton Office - 101 S Main P.O. Boy 512 - 1.01Tner:,riIIc, "I'X 75442 - 972-784 631R - fac 972 782- 702:3 NOVeMbu H- 2011 -oiq ORDINANCE NO. 2014-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDI- NANCE NO, 2001- 48, TO AMEND PROVISIONS TO ARTICLE 3 (RESIDENTIAL DISTRICT REGU LATIONS), SEC- TION 3.1; AND ARTICLE 5 (USE REGULATIONS), SECTIONS 5.1 & 5.2 TO CREATE A NEW LOW DEN - SITY RESIDEN- TIAL CATEGORY OF SINGLE FAM- ILY - ESTATES DISTRICT (SF -ED); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR REPEAL- ING, SAVINGS AND SEVERABEL- ITY CLAUSES; PROVIDING FOR , ..x:, ,r...-� ...,....... . AN EFFECTIVE, DATE OF THIS OR- DINANCE; AND PROVIDING FOR THE PUBLICA- TION OF THE`CAP- T HEREOF.