Zoning Ordinance
Zoning Ordinance
2017
TABLE OF CONTENTS
APPROVALS/AMENDMENTS
ARTICLE 1 GENERAL PROVISIONS
Section 1.1 Enacting Clause
Section 1.2 Purpose
Section 1.3 Relationship to other plans
Section 1.4 Effective Date
Section 1.5 Enforcement
Section 1.6 Interpretations
Section 1.7 Severability
Section 1.8 Saving/Repealing
Section 1.9 Estoppel/Waiver
ARTICLE 2 DISTRICTS AND ZONING DISTRICT MAP
Section 2.1 Zoning Districts Established
Section 2.2 Zoning District Map
Section 2.3 Rules for Interpreting Zoning District Boundaries
Section 2.4 Temporary Zoning, Annexed Territory
Section 2.5 Regulations Applicable to all Districts
ARTICLE 3 RESIDENTIAL DISTRICT REGULATIONS
Section 3.1 Low-Density Residential Districts
A. Agricultural District (AG/30)
B. Single Family -Estate District (SF-ED)
Section 3.2 Medium-Density Residential Districts
A. Single Family -20 District (SF-20/26)
B. Single Family-10 District (SF-10/24)
Section 3.3 High-Density Residential Districts
A. Townhouse District (TH)
B. Multifamily District (MF)
C. Manufactured Home District (MH)
Section 3.4 Residential Design Standards
A. Desirable Design Attributes
B. Purpose of New Residential Design Standards
C. Design Standards Review
1. Land Design Requirements
2. Street and Sidewalk Requirements
3. Architectural Requirements
D. Land Design Standards – New Residential Requirements
E. Street and Sidewalk Standards – New Residential Requirements
F. Architectural Standards – New Residential Requirements
Table of Contents
ARTICLE 4 NON-RESIDENTIAL DISTRICT REGULATIONS
Section 4.1 Commercial Districts
A. Neighborhood Service District (NS)
B. Community Retail District (CR)
C. Commercial Corridor District (CC)
D. Business Government District (BG)
Section 4.2 Industrial Districts
A. Light Industrial District (LI)
B. Heavy Industrial District (HI)
Section 4.3 Non-Residential Design Standards
A. Desirable Design Attributes
B. Purpose of Non-Residential Design Standards
C. Design Standards Review
a. Figure 4-7 Site Design Requirements
b. Figure 4-8 Landscaping Design Requirements
c. Figure 4-9 Architectural Design Requirements
D. Site Design Standards
E. Landscaping
F. Architectural Features
ARTICLE 5 USE REGULATIONS
Section 5.1 Land Use Charts
A. Agricultural & Animal Related
B. Residential & Lodging
C. Institutional & Community Service
D. Office
E. Recreational, Entertainment & Amusement
F. Retail, Personal Service & Commercial
G. Utility, Transportation & Public Service
H. Industrial & Manufacturing
I. Wholesale, Distribution & Storage
J. Accessory Uses
K. Temporary Uses
Section 5.2 Listed Uses
A. Agricultural & Animal-Related Uses
B. Residential & Lodging Uses
C. Institutional & Community Service Uses
D. Office Uses
E. Recreational, Entertainment & Amusement Uses
F. Retail, Personal Service & Commercial Uses
G. Utility, Transportation & Public Service Uses
H. Industrial & Manufacturing Uses
Table of Contents
I. Wholesale, Distribution & Storage Uses
J. Accessory Uses
K. Temporary Uses
Section 5.3 Accessory Uses and Structures
Section 5.4 Special Use Permits
Section 5.5 Temporary Uses
Section 5.6 Classification of New and Unlisted Uses
ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS
Section 6.1 Planned Development District (PD)
Section 6.2 Floodplain District (FP)
Section 6.3 Downtown Historic District (DTH)
Section 6.4 South Ballard Overlay District (SBO)
ARTICLE 7 GENERAL DEVELOPMENT REGULATIONS
Section 7.1 Residential Adjacency and Proximity Standards
Section 7.2 Screening of Mechanical Equipment and Trash Receptacles
Section 7.3 Off-street Parking Requirements
Section 7.4 On-Site Loading Requirements
Section 7.5 Traffic Management Study Requirements
Section 7.6 Tree Preservation
Section 7.7 Landscape Requirements
Section 7.8 Visibility Triangles
Section 7.9 Environmental Performance Standards
ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES
Section 8.1 Zoning-Related Applications
Section 8.2 Creation of Building Site
Section 8.3 Platting Property Not Permanently Zoned
Section 8.4 Zoning Board of Adjustment
Section 8.5 Certificates of Occupancy and Compliance
Section 8.6 Changes and Amendments to all Zoning Ordinances and Districts
and Administrative Procedures
ARTICLE 9 NONCONFORMING USES AND STRUCTURES
Section 9.1 Intent
Section 9.2 Nonconforming Status Defined
Section 9.3 Registration of Nonconforming Uses and Structures
Section 9.4 Nonconforming Uses of Land
Section 9.5 Expansion of Nonconforming Uses of Structures
Section 9.6 Termination of Nonconforming Uses or structures
Table of Contents
Section 9.7 Termination of Nonconforming Uses by the Board
Section 9.8 Changing Nonconforming Uses
Section 9.9 Restoration Of A Damaged Property Housing A Owner-
Occupied, Nonconforming Single-Family Residential Structure
Section 9.10 Reconstruction, Enlargement, And Repair Of Nonconforming Structures
ARTICLE 10 DEFINITIONS
Section 10.1 General
Section 10.2 Words and Terms defined
APPROVALS/AMENDMENTS
RESOLUTION/ORDINANCE
NO.
APPROVAL DATE DESCRIPTION
2001-48 11/11/2001 Adopted the entirety of the
Comprehensive Zoning
Ordinance, repealing Ordinance
85-23A.
2003-25 09/23/2003 Amended certain provisions of
the Comprehensive Zoning
Ordinance pertaining to
Accessory Buildings and exterior
siding materials for residential
uses.
2005-04 01/11/2005 Amended certain provisions of
the Comprehensive Zoning
Ordinance pertaining to Body Art
Studio.
2005-58 01/24/2006 Adopted and amended Articles 3
and Articles 4 of the
Comprehensive Zoning
Ordinance.
2006-04 01/24/2006 Adopted and amended Articles 5
of the Comprehensive Zoning
Ordinance.
2006-28 04/25/2006 Adopted and amended certain
provisions of the Comprehensive
Zoning Ordinance pertaining to
Beer and Wine off-premise and
on-premise.
2006-48 08/08/2006 Amended certain provisions of
the Comprehensive Zoning
Ordinance specific locations for
off-premise and on-premise Beer
and Wine.
2006-53 08/22/06 Adopted and amended Official
Zoning Map for Nonresidential
Zoning Districts.
2006-73 12/12/06 Amended Article 2, Section 2.2,
Paragraph B, Appendix A for
annexation process.
2006-74 12/12/06 Amended Article 3, Section 3.4,
Figure 3-9 B. Street and Sidewalk
requirements.
RESOLUTION/ORDINANCE
NO.
APPROVAL DATE DESCRIPTION
2007-04 2/27/07 Amend Ordinance 2006-04,
Article 5 (Use Regulations),
Section 5.1 (Land Use Charts),
Subsection I (Wholesale,
Distribution & Storage) and
Section 5.2 (Listed Uses),
Subsection I (Wholesale,
Distribution & Storage) to
establish regulations governing
the location of Mini-warehouse
(Self-Storage) uses throughout
the City.
2007-20 7/10/07 Amending Article 9
(Nonconforming Uses and
Structures)
2007-23 7/24/07 Amending Section 2.5.4
(Accessory Buildings) with
clarification that no pressure
treated wood is permitted.
2007-38 11/13/07 Amending Article 5.5.1 (A)(2):
Animal Boarding/Kennel without
Outside Pens, to allow such use
by right within Light Industrial
Zoning Districts.
2008-01 1/8/2008 Amending Article 3 (Residential
District Regulations) yard
requirements; Subsection 4 of
Sections 3.1.a.4.e, 3.1.b.4.d,
3.2.a.4.b, 3.2.b.4.b, 3.3.a.4.b, and
3.3.c.4.e; and Figure 3-1, 3-2, 3-
4, 3.5, 3.7, and 3.9
2008-02 1/22/2008 Amending Ordinance 2006-04,
Article 5, Section 5.1(F)(3):
Retail, Personal service &
Commercial, specifying the
location of Major Automobile
Repair Uses
2008-27 6/10/2008 Amending Ordinance 2001-48
Section 8.1.a to provide for
regulations of posting signs on
property for zoning changes.
2008-30 6/24/2008 Amending Ordinance 2001-48
creating Business Government
District.
2008-47 10/14/2008 Amending Article 6, Section 6.3
Downtown Historic District.
RESOLUTION/ORDINANCE
NO.
APPROVAL DATE DESCRIPTION
2009-04 2/10/2009 Amending Article 2, Section 2.1
and Article 10, Definitions
Wind-Powered Electricity.
2009-24 9/8/2009 Amending 2001-48, Article 6,
Section 6.3 expanding Downtown
Historic District.
2009-31 10/13/2009 Amending 2001-48, Article 6, to
create Section 6.4 SOUTH
BALLARD OVERLAY
DISTRICT (SBO).
2010-19 9/28/2010 Amending 2006-04, Article 5,
Section 5.1.D (Office), 5.1.E
(recreational, Entertainment, and
Amusement), 5.1.F (Retail,
Personal Service & Commercial).
2010-22 12/14/2010 Amending Zoning Ordinance
2001-48, Article 8, Section 8.5
(Certificates of Occupancy and
Compliance) of the Wylie
Comprehensive Zoning
Ordinance.
2011-02 1/25/2011 Amending 2006-04, Article 5,
Section 5.1.J (Accessory Uses)
relating to Home Occupation.
2011-13 05/24/2011 Amending 2005-58, Article 4,
Section 4.3 Nonresidential
Design Standards (F.
Architectural Features); regarding
exterior building materials.
2012-02 01/10/2012 Amending 2006-04, Article 5,
Sections 5.1.F and 5.2.F (Retail,
Personal Services and
Commercial) relating to Pawn
Shop; Antique Shop (Inside
Sales); Secondhand Goods; Used
Merchandise/Resale
Shop/Consignment or Thrift
Store.
2012-01 1/10/2012 Amending 2007-04, Article 5,
Section 5.1(I) Wholesale,
Distribution and Storage; relating
to Mini-Warehouse (Self-
Storage)
2013-43 11-12-2013 Amending 2001-48, Article 4,
Article 5, Article 6 and Article 7,
related to Parking Requirements;
and Article 3, Article 6, relating
to fencing.
RESOLUTION/ORDINANCE
NO.
APPROVAL DATE DESCRIPTION
2014-39 11-11-2014 Amending from Single-Family
10/24 (SF10-24) to Single Family
Estates District (SF-ED) to allow
low density Residential Uses.
2015-08 01-27-2015 Amending Article 6, Section 6.3,
DTH amending boundaries and
design standards.
2015-09 01/27/2015 Amending Article 6, Section 6.3,
DTH expanding boundaries,
changing zoning from SF-10/24
to DTH.
2017-22 07/25/2017 Amending Ordinance 2013-43,
Article 5, Section 5.1.F.Retail 21.
Restaurants without Drive-in or
Drive-through to reduce required
parking to allow a ratio of 1:100.
ZONING ORDINANCE
ARTICLE 1 GENERAL PROVISIONS
SECTION 1.1 ENACTING CLAUSE
This ordinance shall be known, cited and referred to as the Zoning Ordinance of the City of
Wylie.
SECTION 1.2 PURPOSE
Regulations in this ordinance are established in accordance with the Comprehensive Plan for the
purpose of promoting the health, safety, morals, and general welfare of the citizens of the City of
Wylie. All of the zoning regulations are designed to:
A. Implement the City of Wylie’s Comprehensive Plan;
B. Encourage and facilitate the most appropriate use of land throughout the City;
C. Ensure logical, quality growth within the City;
D. Promote the character of areas of the City;
E. Conserve and stabilize the value of property;
F. Provide adequate open space for light and air;
G. Secure safety from fire, panic and other dangers;
H. Lessen congestion on streets, roads and highways;
I. Facilitate adequate provision of utilities and facilities such as transportation, water, sewage,
schools, parks and other public facilities;
J. Protect environmental assets of the City; and
K. Ensure quality development that will promote economic development and preserve and
enhance the quality of life in the City.
SECTION 1.3 RELATIONSHIP TO OTHER PLANS
This ordinance is intended to implement the policies and recommendations contained in the
Comprehensive Plan, the Thoroughfare Plan and the Open Space Plan. If a zoning request differs
from the recommendations in these plans, the Director of Planning shall prepare the necessary
revisions to the applicable plan and process the revision concurrently with the zoning request.
SECTION 1.4 EFFECTIVE DATE
This ordinance shall become effective from and after its adoption and publication as required by
the Wylie City Charter and by law, subject to the following:
A. Any construction in progress and construction for which unexpired building permits have
been issued in accordance with the prior ordinance shall be allowed to proceed and any such
uses or structure, upon completion, shall be non-conforming uses or structures if they do not
conform to the new ordinance.
B. Pending applications for zoning changes submitted prior to the effective date of the
ordinance shall be processed in accordance with the adopted requirements in effect at the
time the application for the permit is filed and, if the City Council determines that a zoning
change is justified and should be made, then the change or amendment shall be classified and
placed into the proper zoning district where the use and occupancy is permitted as contained
in this ordinance.
Article 1: General Provisions
ZONING ORDINANCE
C. In the event a building permit application and construction plans have been submitted prior to
the effective date of this ordinance showing development proposed under terms of the prior
ordinance, the Building Official shall grant a permit for development and construction based
on the requirements of the previous ordinance for the completion of the development. The
expiration of permits shall be regulated as set forth in the Construction Chapter of the Code
of the City of Wylie.
SECTION 1.5 ENFORCEMENT
A. Compliance Required
1. It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or
land area in violation of any provision of this ordinance.
2. No permit, certificate, license or other document or oral approval, the use of which is
subject to the provisions of these regulations shall be issued by any department, agency,
or board until it has been determined that all substantive requirements have been met and
all procedures have been followed.
3. Offenses committed and all liabilities incurred prior to the effective date of any
subsequent amendments to this ordinance shall be treated as though all prior applicable
regulations were in full force and effect for the purpose of sustaining any suit, action or
prosecution with respect to such offenses and liabilities.
B. Penalty for Violation
1. Any person or corporation who violates any of the provisions of this ordinance or fails to
comply with any of the requirements, or builds or alters any building or use in violation
of any detailed statement or plan submitted and approved is guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than 2000 dollars and each day
such violation shall be permitted to exist shall constitute a separate offense.
2. The owner or owners of any building or premises or part thereof, where anything in
violation of this ordinance is placed, and any architect, builder, contractor, agent, person
or corporation employed in connection therewith and who may have assisted in the
commission of any such violation shall be guilty of a separate offense and upon
conviction shall be fined as provided above.
3. A person commits an offense if he owns, uses or controls a premise and fails to comply
with any of the provisions of this ordinance.
4. It is a defense to prosecution under this ordinance that a person is in compliance with an
order of the Board of Adjustment that specifically authorizes otherwise unlawful conduct
under this ordinance.
C. Civil Action
This ordinance may be enforced through civil court action as provided by State law.
D. Revocation of Development Permit
1. The City shall have the power to revoke any permit or development approval for the
violation of any of these regulations or conditions imposed in the granting of a
development permit. Revocation of a development permit requires:
a. A public hearing where the Planning and Zoning Commission shall determine the
nature and extent of the violation of the development permit;
b. Proper notice to the permittee;
Article 1: General Provisions
ZONING ORDINANCE
c. Written notice from the Director which shall give the permittee the reasons for the
proposed cancellation of the permit; and
d. A finding by the Council that reasonable corrective measures have not been done by
the permittee and that revocation of the development permit is required.
2. The Council in its discretion may impose a conditional revocation of a development
permit.
3. The Director shall have the right to order immediate compliance with any provision of
this ordinance or any condition of a development permit dealing with a direct health or
safety issue. If immediate compliance is not obtained, the Director shall order immediate
cessation of operation, cut off utility access, and refer the matter to the Council for
consideration of revocation of the permit.
E. Enforcement Authority
The provisions in this ordinance may be enforced by the Director, the Building Official, or
any other designated representative of the City.
F. Effects of Private Covenants
Nothing in this ordinance shall be construed to render inoperative any restriction established
by covenants running with the land, unless such restrictions are prohibited or are contrary to
the provisions of these regulations. In the event of a conflict, this ordinance controls.
SECTION 1.6 INTERPRETATIONS
Unless the context clearly indicates otherwise, the following rules apply in interpreting this
ordinance:
A. Words used in the present tense include the future tense.
B. Words in the singular include the plural, and words in the plural include the singular.
C. The word “lot” includes the words “building site,” “site,” “plot” or “tract.”
D. The word “shall” is mandatory and not discretionary.
E. The word “may” is optional and discretionary.
F. The words “used” or “occupied” as applied to any land or building shall be construed to
include the words “intended, arranged or designed to be used or occupied.”
SECTION 1.7 SEVERABILITY
If any portion of this ordinance is held to be invalid or unconstitutional, the remainder of the
ordinance shall not be invalid, but shall remain in full force and effect.
SECTION 1.8 SAVING/REPEALING
By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized
unless specifically such use falls within a use district where the actual use is a conforming use.
Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the
case may be. Should any part 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. Any and 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.
Article 1: General Provisions
ZONING ORDINANCE
SECTION 1.9 ESTOPPEL/WAIVER
The failure of the City of Wylie to enforce any term or condition of this Ordinance shall not
constitute a waiver or estoppel of any subsequent violation of this Ordinance.
Article 1: General Provisions
ZONING ORDINANCE
ARTICLE 2 DISTRICTS AND ZONING DISTRICT MAP
SECTION 2.1 ZONING DISTRICTS ESTABLISHED
In order to regulate the use of land and buildings, and to regulate the location, height, bulk and
size of buildings and other structures built on the land, the following districts are created:
ABBREVIATED
DESIGNATION
ZONING DISTRICT NAME
Low-Density Residential Districts
AG/30 Agricultural District
SF-ED Single Family – Estate District
Medium-Density Residential Districts
SF-20/26 Single Family-20 District
SF-10/24 Single Family - 10 District
High-Density Residential Districts
TH Townhouse District
MF Multifamily District
MH Manufactured Home District
Commercial Districts
NS Neighborhood Service
CR Community Retail
CC Corridor Commercial District
BG Business Government
Industrial District
L I Light Industrial District
H I Heavy Industrial District
Special Purpose and Overlay Districts
PD Planned Development District
FP Floodplain District
DTH Downtown Historic District
SBO South Ballard Overlay District
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
SECTION 2.2 ZONING DISTRICT MAP
A. Adoption of the Official Zoning District Map
The boundaries of each zoning district are delineated and shown on the official Zoning
District Map of the City of Wylie. The official Zoning District Map, together with all
notations, references, dimensions, designations and other information shown on the map, is
adopted and made part of this ordinance, as amended, by reference. The official Zoning
District Map shall be stored, maintained, and kept current by the Department.
B. Amendments
No change to the official Zoning District Map shall be authorized without the approval of a
rezoning application. The application shall be processed in accordance with the requirements
of Article 8 Development Review Procedures of this ordinance, as amended. No change to
the official Zoning District Map shall be authorized or become effective without final action
of the Council or a court of competent jurisdiction. No application for zoning shall be
accepted for filing unless annexation of the property for which the zoning is sought has been
completed.
C. Consistency with Comprehensive Master Plan
No amendment or rezoning shall be approved unless it is consistent with the goals, objectives
and policies of the Comprehensive Master Plan.
SECTION 2.3 RULES FOR INTERPRETING ZONING DISTRICT BOUNDARIES
A. Boundary Rules
The following rules shall apply in determining uncertain boundaries of a district as shown on
the official Zoning District Map:
1. Where a boundary follows a public street or alley, the centerline of the street shall be the
boundary.
2. Where a boundary follows a platted lot line, the lot line shall be the boundary.
3. Where a boundary follows a city limit line, the city limit line shall be the boundary.
4. Where a boundary follows a railroad or utility line, the boundary is the established center
line of the railroad or utility right-of-way. If no centerline is established, the boundary is
midway between the right-of-way lines.
5. Where a boundary follows the centerline of streams, rivers, canals, lakes or other bodies
of water, the boundary is the centerline. The centerline is interpreted as being midway
between the shorelines of the body of water. If the centerline changes, the boundaries are
construed as moving with the centerline.
6. In cases where district boundary lines are indicated as approximately paralleling a street,
alley, right-of-way, easement line or other feature existing at the time of the enactment of
this ordinance, as amended, they shall be construed as parallel to or extensions of the
street, alley, right-of-way, easement line, or other feature, unless otherwise specifically
dimensioned on the official Zoning District Map.
7. In instances where district boundary lines divide a parcel of unsubdivided property, the
precise location of the district boundary shall be determined by the use of the scale
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
appearing on the official Zoning District Map, unless the boundary is indicated by a
specific dimension on the official Zoning District Map.
8. Where any public right-of-way is officially vacated or abandoned, the land use district
regulations applied to abutting property shall extend to the former centerline of the
vacated or abandoned right-of-way.
B. Determination and Appeal
The Director shall determine the location of the district boundary when uncertainty of
boundaries exist that cannot be resolved by referencing A. Boundary Rules, above. Any
person who is aggrieved by that determination may appeal to the Council. Appeals shall be
made in writing to the Director within 10 days of the decision.
SECTION 2.4 TEMPORARY ZONING, ANNEXED TERRITORY
A. Annexed Territory
All territory annexed into the city shall be temporarily classified as A/30 (Agricultural
District), until permanent zoning is established by the Council. The procedure for
establishing permanent zoning on annexed territory shall conform to the procedure
established by law for the adoption of original zoning regulations.
B. Temporary Agricultural Rules
In an area temporarily classified as A/30 (Agricultural District):
1. No person shall erect, construct or proceed or continue with the erection or construction
of any building or structure in any newly annexed territory without first applying for and
obtaining a building permit or certificate of occupancy from the Building Official or the
Council as may be required.
2. No permit for the construction of a building or use of land shall be issued by the Building
Official other than a permit which will allow the construction of a building permitted in
the A/30 (Agricultural District), unless and until such territory has been classified in a
zoning district other than the A/30 (Agricultural District) by the Council in the manner
prescribed by law except as provided in 3 below.
3. An application for a permit for any other use than that specified in 2, above, shall be
made to the Building Official and referred to the Commission for consideration and
recommendation to the Council. The action and recommendation of each body
concerning the permit shall take into consideration the appropriate land use for the area.
The Council, after receiving and reviewing the recommendations of the Commission,
may, by majority vote, authorize the issuance of a building permit or certificate of
occupancy or may disapprove the application.
SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS
A. Applicability
The following regulations shall apply to all zoning districts in this ordinance, as amended.
B. General
1. No land or structure shall be used, nor intended for any use, other than those uses
permitted in the district where the land or structure is located.
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
2. No structure shall be erected, reconstructed, enlarged, structurally altered, or moved in
such a manner as to evade conformity with height, bulk, lot area, use and other
regulations for the district where the structure is located.
3. No yard provided adjacent to a structure for the purpose of complying with provisions of
this Zoning Ordinance, as amended, shall be considered as providing any part of a yard
for another building on the same lot or on an adjacent lot.
C. Accessory Structures
1. Attached accessory buildings shall conform to the regulations applicable to the main
building to which they are attached. Attached buildings are defined as any building
sharing a common roof with the primary structure.
2. Detached accessory buildings shall be subject to all of the following regulations, in
addition to any other applicable regulations of this chapter. NOTE: Accessory buildings
in AG/30 zoning districts directly associated with the support of a bona fide private
agricultural use of the property have some differentiating requirements noted separately
under the various headings below.
a. Number of Buildings:
(1) No more than two (2) accessory structures may be placed on any residential or
commercial lot.
(2) AG/30: The number of accessory structures that may be placed on an AG/30 lot
is limited by lot coverage (see 4.b.2.b).
b. Lot coverage:
(1) The combined floor area of all accessory buildings shall not exceed five (5)
percent of lot coverage or sixty (60) percent of the primary structure, whichever
is less. In no case shall the combined area of the primary structure and
accessory building(s) exceed the maximum percentage of lot coverage allowed
for the zoning district on which the structures are placed.
(2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot
coverage.
c. Setback Requirements:
(1) Street: Accessory buildings shall not extend beyond a platted front, side or rear
building line adjacent to a street. If no building line exists adjacent to a street
on an approved plat, the building shall not be located closer than ten (10) feet
from the property line.
(2) Easement: No accessory structure shall be located within any easement.
(3) Front: Accessory buildings shall not be located closer to the front property line
than the main building or the front yard setback requirement for that zoning
district, whichever is greater.
(4) Side: Accessory buildings shall not be located closer than five (5) feet to the
side property line when the accessory building is located behind the main
building. When the accessory building is located in the side yard, the setback
for the accessory building will be the same as the setback requirement for the
main building.
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
(5) Rear: When the accessory building is a garage or carport with rear access, the
rear setback shall be a minimum of twenty (20) feet from the property line. All
other accessory buildings shall not be located closer than five (5) feet to the rear
property line.
(6) Other Structures - Accessory buildings, other than carports, shall not be located
within five (5) feet of any other structure.
(7) AG/30: Barns and/or stables shall not be located within fifty (50) feet of any
property line or dwelling
d. Roof:
(1) The minimum roof slope for all accessory structures shall be 3:12, unless the
accessory structure is prefabricated, pre-finished, and covers less than two (2)
percent of the lot or is a carport.
(2) The color and materials of the roof of the accessory structures must closely
resemble the color and materials of the roof of the main structure, unless the
accessory structures is prefabricated, pre-finished, and covers less than (2)
percent of the lot or is a carport.
e. Exterior Walls:
(1) Accessory structures covering less than two (2) percent of the lot are required to
be constructed with exterior walls composed of metal with a baked-on enamel
or vinyl finish, vinyl, wood structure that is prefinished and prefabricated,
composite masonry façade, or the same masonry content required of the main
structure.
(2) Accessory structures covering more than two (2) percent of the lot are required
to be constructed with exterior walls composed of composite masonry façade
material or the same masonry content required of the main structure.
(3) AG/30: Barns and stables located on property zoned Agricultural (AG/30) are
exempt from the masonry requirement for exterior walls.
(4) No pressure treated wood is permitted as exterior finish.
f. Height:
(1) Accessory structures shall be limited to a height of not more than fourteen (14)
feet.
(2) AG/30: Accessory structures shall be limited to a height of not more than
twenty (20) feet.
g. Notes:
AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed,
or open air shall require a Specific Use Permit as provided in Section 5.4 “Special
Use Permits” of this ordinance.
3. Wind-Powered Systems
Wind Powered Systems may exist only as a secondary use. A Wind Powered System may
not be erected on a lot until a primary structure has been constructed.
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
a. Size limitations
(1) Wind-powered systems, including windmills and/or wind turbines, shall be
setback from all boundaries of any lot or habitable structure by a distance equal
to at least one hundred twenty-five percent (125%) of the tower’s height, as
measured from average natural ground level, to the highest point of the arc of
the wind blades’ elevation above such ground level.
(2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot
coverage.
b. Design Requirements
(1) Wind Powered System shall be installed according to the manufacturer’s
recommendations and under the seal of a professional engineer registered by the
State of Texas. Wet stamps are required.
(2) Wind powered systems within a Residential or commercially zoned district shall
be limited to 5kw of peak power output.
(3) Wind powered systems within Industrial Zoned Districts total peak power
output shall be limited to 25kw.
(4) All wind powered systems are limited to 60dB at any point along the property
line.
(5) The tower shall be monopole without guy wires.
(6) The color of all wind powered systems shall be non-reflective and of neutral
tones or of earth tones such as subdued green or brown. Grey, including
naturally darkening galvanized grey, is also an acceptable neutral tone. Wind
powered systems shall not be finished in bright or vivid colors intended to draw
attention to the structure.
(7) Multiple wind powered systems are allowed on any lot, provided they are
separated by a distance equal to at least the height of the tallest such tower, as
measured from average natural ground level to the highest point of the wind
blades’ elevation above such ground level.
(8) Lighting. All lighting not required by Federal Aviation Administration (FAA)
regulations is prohibited.
(9) Signs. There shall be no signage on the tower structure or any rotor blade.
c. Required Plans and Specifications.
In addition to the submittals otherwise required upon making application for a
building permit, the application for a building permit for a Wind Powered System
must be accompanied by a Site Plan.
(1) A site plan of the proposed Wind Powered System shall include:
(a) A survey or scaled drawing of the site on which the proposed Wind
Powered System will be constructed.
(b) The location of the Wind Powered System in regards to the property on
which the system will be constructed.
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
(c) All components of the system including the distance of the system to the
property lines; required setbacks; existing structures on the site; natural
features such as watercourse and trees.
(2) Elevation drawings shall include:
(a) The design and height of the proposed Wind Powered System;
(b) Detailed drawings of all system components.
d. Permitting Requirements
(1) Small wind turbines must have been approved under the Emerging
Technologies program of the California Energy Commissioner or any other
small wind certification program recognized by the American Wind Energy
Association.
(2) Compliance with Uniform Building Code: Building permit applications for
wind systems shall be accompanied by standard drawings of the Wind Powered
System, including the tower, base and footings. An engineering analysis of the
tower showing compliance with the Uniform Building Code or International
Building Code and certified by a licensed professional engineer registered by
the State of Texas shall also be submitted. Wet stamps shall be required.
(3) Compliance with FAA Regulations: Wind Powered Systems must comply with
applicable FAA regulations, including any necessary approvals for installations
close to airports.
(4) Compliance with National Electric Code: Building permit applications for Wind
Powered Systems shall be accompanied by a line drawing of the electrical
components in sufficient detail to allow for a determination that the manner of
the installation conforms to the National Electrical Code.
(5) Utility Notification: No Wind Powered System shall be installed until evidence
has been given that the utility company has been informed of the customer’s
intent to install an interconnected customer-owned generator. Off-grid systems
shall be exempt from this requirement.
e. Maintenance and Abandonment
(1) A property owner with a valid permit to operate a wind powered system must
submit to the Building Inspection Department a bi-annual letter prepared by a
Professional Engineer registered in the State of Texas, stating that the wind
powered system continues to meets current electrical and structural
requirements as set forth in this Ordinance.
(2) A Wind Powered System that has become unstable, leans significantly out of
plumb, or that poses a danger of collapse shall be removed or brought into
repair within 60 days following notice by the Building Official to the owner of
the lot upon which the System is located. The Building Official may order
immediate repairs in the event of imminent collapse. Failure to make the
required repairs within the time provided is an offense.
(3) If the owner of a Wind Powered System plans to abandon or discontinue, or is
required to discontinue, the operation of the System, the owner shall notify the
Building Official by certified U.S. mail of the proposed date of abandonment or
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
ZONING ORDINANCE
discontinuation. Such notice shall be given no less than thirty (30) days prior to
abandonment or discontinuation.
(4) In the event that an owner fails to give such notice, the Wind Powered System
shall be considered abandoned if the Wind Powered System is not operated for a
continuous period of six (6) months.
(a) Upon abandonment or discontinuation of use, the property owner shall
physically remove the Wind Powered System within ninety (90) days from
the date of abandonment or discontinuation of use.
(b) “Physically remove” includes, without limitation, the actual, complete
removal of the tower, turbine and all other components of the Wind
Powered System from the site of the original installation.
ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP
Zoning Ordinance
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.
A. Agricultural District (AG/30)
1. Purpose: Land within Wylie which is presently used for agricultural purposes and to
which urban services may not yet be available should continue to be used for such
agricultural purposes until needed for urban purposes in conformity with the City’s
Comprehensive Master Plan. Livestock may be maintained indoors and outdoors within
the Agricultural District. It is anticipated that lands currently zoned and used for
agricultural purposes will eventually be used for more urban purposes as the City
develops. Newly annexed areas that are predominantly used for agricultural purposes will
be zoned as an agricultural district until other zoning is required.
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
Agricultural District, including density, height, lot and unit size.
Figure 3-1 - Agricultural District (AG/30)
Lot Size
Lot Area (sq. ft.) Minimum 2 acres
Lot Width (feet) 200
Lot width of corner Lots (feet) 230
Lot Depth (feet) 300
Lot Depth of Double Front Lots (feet) 300
Dwelling Regulations
Minimum Square Footage 3,000
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) 50
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
Zoning Ordinance
4. Additional Provisions:
a. Refer to additional requirements in Article 7, General Development Regulations.
b. A minimum separation of 100 feet between agricultural buildings and dwelling units
on the same lot shall be maintained. Agricultural buildings for the purpose of this
provision means those buildings used of the raising of crops or animals, or for the
storage of agricultural equipment, supplies, or products.
c. A minimum setback of 100 feet from the property line shall be provided for any
agricultural building.
d. Accessory structures on lots greater than 5 acres in area do not have to be behind the
rear building line of the main structure.
e. Non-Enclosed attached patio covers, although an addition to and part of the main
structure shall be exempt from the rear yard setback requirements above. Patio covers
shall be allowed to extend into the rear setback no closer than 10 feet from the rear
property line provided maximum lot coverage is not exceeded.
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 Family Estate District (SF-ED)
Lot Size
Lot Area (sq. 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%
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Height of Structures
Main Structure (feet) 40
Accessory Structure (feet) 20
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.
SECTION 3.2 MEDIUM-DENSITY RESIDENTIAL DISTRICTS
The Comprehensive Master Plan calls for the development of medium-density residential areas
to provide housing for most of the community’s population. These districts allow for single
family, detached housing on larger lots with wide setbacks in order to replicate Wylie’s historic
character.
A. Single Family - 20 District (SF-20/26)
1. Purpose: SF-20/26 is a single family residential district allowing detached houses on
individual lots and requiring a minimum lot size of 20,000 square feet.
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-20/26 District, including density, height, lot and unit size.
Figure 3-3 - Single Family 20 District (SF-20/26)
Lot Size
Lot Area (sq. ft.) 20,000
Lot Width (feet) 100
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
4
. Additional Provisions:
a. Refer to additional requirements in Article 7, General Development Regulations.
b. Non-enclosed attached patio covers, although an addition to and part of the main
structure, shall be exempt from the rear yard setback requirements above. Patio
covers shall be allowed to extend into the rear setback no closer than 10 feet from the
rear property line provided maximum lot coverage is not exceeded.
B. Single Family - 10 District (SF-10/24)
1. Purpose: SF-10/24 is a single family residential district allowing detached houses on
individual lots and requiring a minimum lot size of 10,000 square feet.
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-10/24 District, including density, height, lot and unit size.
Lot width of corner Lots (feet) 115
Lot Depth (feet) 150
Lot Depth of Double Front Lots (feet) 170
Dwelling Regulations
Minimum Square Footage 2,600
Design Standards Level of Achievement See Section 3.4 Residential Design
Standards
Yard Requirements – Main Structures
Front Yard (feet) 30
Side Yard (feet) 15
Side Yard of Corner Lots (feet) 30
Side Yard of allowable nonresidential use (feet) 30
Rear Yard (feet) 30
Rear Yard Double Front Lots (feet) 50
Lot Coverage 45%
Height of Structures
Main Structure (feet) 40
Accessory Structure (feet) 14
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 3-4 - Single Family 10 District (SF-10/24)
Lot Size
Lot Area (sq. ft.) 10,000
Lot Width (feet) 75
Lot width of corner Lots (feet) 90
Lot Depth (feet) 100
Lot Depth of Double Front Lots (feet) 120
Dwelling Regulations
Minimum Square Footage 2,400
Design Standards Level of Achievement See Section 3.4 Residential Design
Standards
Yard Requirements – Main Structures
Front Yard (feet) 25
Side Yard (feet) 10
Side Yard of Corner Lots (feet) 25
Side Yard of allowable nonresidential use (feet) 30
Rear Yard (feet) 25
Rear Yard Double Front Lots (feet) 45
Lot Coverage 45%
Height of Structures
Main Structure (feet 40
Accessory Structure (feet) 14
4. Additional Provisions:
a. Refer to additional requirements in Article 7, General Development Regulations.
b. Non-Enclosed attached patio covers, although an addition to and part of the main
structure, shall be exempt from the rear yard setback requirements above. Patio
covers shall be allowed to extend into the rear setback no closer than 10 feet from the
rear property line provided maximum lot coverage is not exceeded.
SECTION 3.3 HIGH-DENSITY RESIDENTIAL DISTRICTS
High-density residential uses provide smaller-sized housing for entry-and exit-sized families as
well as support business.
A. Townhouse District (TH)
1. Purpose: The TH district is a single family residential district allowing between 2 and 7
attached houses on individual lots and requiring a minimum lot size of 3,000 square feet.
The Townhouse District is intended to provide flexibility for development of properties
that are providing open space, preserving natural areas of value, or avoiding areas with
environmental hazards.
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
Townhouse District, including density, height, lot and unit size.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 3-5 - Townhouse District (TH)
Lot Size
Lot Area (sq. ft.) 3,500 - exterior w/side yards
3,000 - interior w/no side yards
Lot Width (feet) 30
Lot width of corner Lots (feet) 45
Lot Depth (feet) 100
Lot Depth of Double Front Lots (feet) 120
Dwelling Regulations
Minimum Square Footage 1,000 - Duplex (2 dwellings)
1,200 - others (3+ dwellings)
Design Standards Level of Achievement See Section 3.4 Residential Design
Standards
Yard Requirements – Main Structures
Front Yard (feet) 20
Side Yard (feet) 0 for interior 0 or 5 for exterior
Side Yard of Corner Lots (feet) 15
Side Yard of allowable nonresidential use (feet) NA
Rear Yard (feet) 25
Rear Yard Double Front Lots (feet) 45
Lot Coverage 60%
Height of Structures
Main Structure (feet 40
Accessory Structure (feet) 14
4. Additional Provisions:
a. Refer to additional requirements in Article 7, General Development Regulations.
b. Non-Enclosed attached patio covers, although an addition to and part of the main
structure, shall be exempt from the rear yard setback requirements above. Patio
covers shall be allowed to extend into the rear setback no closer than 10 feet from the
rear property line provided maximum lot coverage is not exceeded.
B. Multifamily District (MF)
1. Purpose: The MF district allows for high density residential development immediately
adjacent to shopping and activity centers. The Multifamily District provides for the
development of smaller, attached dwelling units on the same lot. Dwellings may be
placed in one or more buildings and multiple buildings may be developed on the same
lot.
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
Multifamily District, including density, height, lot and unit size.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 3-6 - Multifamily District (MF)
Lot Size
Lot Area (sq. ft.) 43,560
Lot Width (feet) 100 at street with length – width ratio of
1:3 or less
Lot width of corner Lots (feet) NA
Lot Depth (feet) 150 with length – width ratio of 1:3 or less
Lot Depth of Double Front Lots (feet) NA
Dwelling Regulations
Minimum Square Footage EF- 750 sf; 1 BR- 900 sf; 2 BR- 1,000 sf;
3 BR – 1,200 sf
Maximum Density 15 Dwelling Units/Gross Acre
Building Separation between detached buildings (feet) 20 or height of building, whichever is
greater.
Design Standards Level of Achievement See Section 3.4 Residential Design
Standards
Yard Requirements – Main Structures
Front Yard (feet) 30 from any street frontage
Side Yard (feet) 20 from any interior lot line
Side Yard of Corner Lots (feet) NA
Side Yard of allowable nonresidential use (feet) NA
Rear Yard (feet) 20 from any interior lot line
Rear Yard Double Front Lots (feet) NA
Height of Structures
Main Structure (feet 40
Accessory Structure (feet) 14
4. Additional Provisions: Refer to additional requirements in Article 7, General
Development Regulations.
C. Manufactured Home District (MH)
1. Purpose: The Manufactured Home District allows for manufactured home subdivisions,
where each dwelling is located on an individual lot.
2. Permitted Uses: See Use Chart in Article 5, Section 5.1.
3. Development Standards: Following are yard, lot and space requirements for
Manufactured Home District, including density, lot, height and unit size.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 3-7 - Manufactured Home Subdivision (MH)
Lot Size
Minimum Area for the Subdivision 2 acres
Lot Area (sq. ft.) 7,200
Lot Width (feet) 60
Lot width of corner Lots (feet) 70
Lot Depth (feet) 100
Lot Depth of Double Front Lots (feet) 120
Dwelling Regulations
Minimum Square Footage 1,000
Design Standards Level of Achievement See Section 3.4 Residential Design
Standards
Yard Requirements – Main Structures
Front Yard (feet) 25
Side Yard (feet) 10
Side Yard of Corner Lots (feet) 20
Side Yard of allowable nonresidential use (feet) NA
Rear Yard (feet) 25
Rear Yard Double Front Lots (feet) 40
Lot Coverage 50%
Height of Structures
Main Structure (feet 30
Accessory Structure (feet) 14
4. Additional Provisions for Manufactured Home Subdivisions:
a. Refer to additional requirements in Article 7, General Development Regulations.
b. Manufactured housing design and construction will comply with manufactured
housing construction and safety standards published by the department of housing
and urban development pursuant to the requirements of the Texas Manufactured
Housing Standards Act (Chapter 1201, Texas Occupational Code as it exists or may
be amended) and all manufactured housing will be subject to inspection by the
building official.
c. All manufactured housing within a subdivision shall be set on a solid slab structure or
pier and beam foundation. Additional rooms in any dwellings, such as enclosed
porches, etc., shall be constructed on a solid slab.
d. Accessory buildings will be either manufactured or constructed in accordance with
city codes.
e. Non-Enclosed attached patio covers, although an addition to and part of the main
structure, shall be exempt from the rear yard setback requirements above. Patio
covers shall be allowed to extend into the rear setback no closer than 10 feet from the
rear property line provided maximum lot coverage is not exceeded.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
SECTION 3.4 RESIDENTIAL DESIGN STANDARDS
A. Desirable Design Attributes
All properties must meet base requirements provided in this section for Land Design, Street
and Sidewalks, and Architectural Standards. In addition, properties must also select a certain
number of desirable design standards from each of these categories. The available desirables
are detailed in the following sections.
B. Purpose of New Residential Design Standards
1. Land Design Standards. The purpose of the Land Design Standards is to provide for
public sidewalks and pathways, and to provide public access to open space, to provide
enhancements along pathways.
2. Street and Sidewalk Standards. The purpose of the Street and Sidewalk Standards is to
provide for street treatments, pedestrian sidewalk and crosswalk standards, and to address
location criteria of subdivisions adjacent to major thoroughfares.
3. Architectural Standards. The purpose of the Architectural Standards is to provide
standards for exterior facades, roof quality, repetition of residential unit designs, garage
doors, and façade upgrades in village residential areas.
C. Design Standards Review
1. All residential development shall achieve at a minimum the required number of desirable
design attributes in Figure 3-9, Subsections A-C.
2. New Residential Details of the Land Design Standards are included in Subsection D,
details of the Street and Sidewalk Standards are included in Subsection E, and details of
the Architectural Standards are in Subsection F.
FIGURE 3-8 – DESIGN STANDARDS INDEX
Category Districts Figure
Land Design Requirements See Figure 3-9(A)
Street and Sidewalk Requirements See Figure 3-9(B)
Architectural Requirements See Figure 3-9(C)
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance FIGURE 3-9 NEW RESIDENTIAL DEVELOPMENT REQUIREMENTS a. Land Design Requirements (For all Residential Districts) ELEMENT a. BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) b. DESIRABLE (EACH DEVELOPMENT MUST SELECT 3 OF THE 6 DESIRABLES LISTED BELOW) Public Open Space Easements 30 ft wide buffer with 8 ft wide trail to rear of houses beside open space and perpendicular 30’ wide access from street. Single-loaded street along open space. Perimeter Screen Along Thoroughfares 40 ft wide buffer, w/6 ft wrought iron between brick or stone columns (50 ft o.c.) or landscaped earthen berm (3:1 slope) Increase buffer width by 10%, slip street/parkway with no residential lots backing or siding on thoroughfare Perimeter Walkways and Landscape Large canopy trees 50 ft. o.c. and 5 ft concrete walk. a. Mixture of large/canopy and small/ornamental trees and 8 ft walk/trail. b. Provide benches at nodes when adjacent to open space. Lighting and Furnishings along open space easements and trails Solar-controlled lighting on 10-12 ft decorative poles every 100 ft, common throughout. Benches with backs every 1/2 mile or portion thereof when adjacent to open space. Decorative paving and cross-walks at street connectors. a. Trees 30 ft o.c. maximum, with down lighting and ground-level lights. b. Exercise apparatus every ¼ mile. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance b. Street and Sidewalk Requirements (For all Residential Districts) ELEMENT BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) DESIRABLE (EACH DEVELOPMENT MUST SELECT 2 OF THE 4 DESIRABLES LISTED BELOW) Curvilinear Streets Curvilinear streets (minimum 25% between 3 & 23 degrees). Entry Features and Medians Architectural features on stone screen wall or stone monument (no brick) within landscaped median to first cross street, with decorative paving and cross-walks. Wrought iron accent panels, or water feature, or 2 or more different type/color of stone (can be synthetic or cultured). Signage at Entries Incorporated into screen wall or monument sign within median and illuminated by means other than street lights. Street Name Signs Including block numbers, incorporated with street lighting coordinated throughout.Unique neighborhood design, or back-lighted. Pedestrian Crosswalks 7 ft. wide, connected system of decorative pavers. 10 ft or wider, decorative pavers. Sidewalk Locations 5 ft concrete, both sides of street, meandering continuous pathway. Mail Boxes Paired at lot line on SF-10 Lots or lower. Number plaque, brick same as resident. Stone, same house exterior trim. Sidewalk Lighting Low-illumination with solar controls, on decorative poles every 250’ to 350’ apart (intersections & mid-block alternating sides). Perimeter Alleys No alley connection to thoroughfare, or parallel alley screened from thoroughfares, no lots face thoroughfares. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance c. Architectural Requirements (For all Residential Districts) ELEMENT BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) DESIRABLE (EACH DEVELOPMENT MUST SELECT 5 OF THE 9 DESIRABLES LISTED BELOW) Building Bulk and Articulation Minimum 25% of street façade offset minimum 2 ft, minimum 60% total area on 1st floor of all 2-story House Numbers Stone plaque with number beside main entry Lighted front wall plaque Exterior Façade Material 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent Porch 40 square feet covered front entry, and 100 sq ft covered back or side entry 60 square feet or larger front entry, or connected wrap-around two or more sides, or pitched cover incorporated into roof lines of house Chimneys Chimney enclosed with masonry matching exterior walls and capped 40% stone to match house accent material Roof Pitch 8:12 minimum roof pitch; with articulation, dormers or hip/gable Roof Materials Architectural-grade overlap shingles, tile or standing seam metal, no wood shingles, Paint rooftop accessories to match Roof Eaves No wood fascia or soffit Repetition of floor plan and elevation 7 lots skipped on same side of street before repeating similar floor plan and elevation, 4 lots skipped opposite side of street, and no identical or flipped floor plans side by side or directly across street 9 lots skipped on same side of street before repeating same or flipped, and 6 lots skipped on opposite side of street ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance C. Architectural Requirements Con’t (For all Residential Districts) Garage entry No doors facing primary street front. On a 2 & 1 configuration, single door may face street. Garage shall be a minimum of 500 square feet. Garage shall be a minimum of 600 square feet in size. Dwelling Size Minimum dwelling size exclusive of garages and breezeways Fencing Front: 50% transparent, wood or wrought iron. Side/Rear: wood or wrought iron. Board on Board Or Wrought Iron Landscaping Established front lawn and minimum 2 trees and 5 shrubs in front yard Automated, subsurface irrigation system Outdoor Lighting Front entry and drive/garage illuminated by standard porch light Front façade and drive/garage illuminated by down-light (tree-or house-mounted) or up-light (house-mounted), and front- and side-yard activity area illuminated, wired to interior. Conservation/Sustainability Complies with Energy component of Building Code Certified by USGBC or LEEDS for energy and water. ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Subdivision
Development
Public Open
Space Easement
with 8' concrete trail
Open Space
Street
Public Access
NEW RESIDENTIAL DEVELOPMENT
D. Land Design Standards – New Residential Requirements
Desired Land Design requirements are achieved by projects in accordance with the following
criteria:
1. Provision of Public Pathways ‐ Public Open Space Easements
a. Base Standard
(1) All Residential Development shall include a provision of an open space easement
of a 30 feet wide buffer with 8 feet wide trail to rear of houses beside open space
and a perpendicular 30 feet wide access from street. Trail shall be constructed to
the City’s standards in the easement, if any open space occurs in the residential
development in the following situations:
(a) adjacent to the 100 year flood plain line,
(b) adjacent to an Electrical or Water easement right-of-way line, and/or
(c) adjacent to the public property line adjoining Lake Lavon or Lake Ray
Hubbard, and
(2) The public pathway system easement(s) shall be connected along existing or
planned utility rights-of-way and/or public property lines to any existing or
planned public trail system on abutting land. Locate the public open space
easement to provide for future connections to be made by others across
intervening property to any existing or planned public trail system on land that
does not abut the development.
(b) Desirable Design Attributes
Provide single-loaded street along open space. No residential lot shall back to public
open space.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Subdivision
Development
Perimeter
Landscaping
Public
Thoroughfare ROW
b. Provision of Public Pathways – Perimeter Screening along a Thoroughfare
a. Base Standard
All Residential Development shall provide a 40 feet wide buffer, with a 6 feet
wrought iron fencing between brick or stone columns (50 ft o.c.) or a landscaped
earthen berm (3:1 slope). Such perimeter screening is required along all residential
streets that consist of a 4 lane divided thoroughfare with a right-of-way width of 100
feet or greater.
b. Desirable Design Attributes
Increase buffer width by 10%. Face residential lots to slip street/parkway with no
residential lots facing, backing or siding on thoroughfare.
3. Provision of Public Pathway – Perimeter Walkways and Landscape
a. Base Standard
All Residential Developments shall provide a 5 foot minimum concrete public
walkway with a 10 foot minimum width landscape buffer at the perimeter of the
development to provide access to the subdivision. Large canopy trees shall be
provided at 50 ft o.c. The walkway may be located partially in the landscape buffer
and partly within the street right-of-way parkway and must be placed a minimum of
one foot off the curb. Minimum size for shade trees shall be 3 inches in caliper and
14 to 16 feet in height. Ornamental shade trees shall have a minimum diameter of 3
inches, while ornamental flowering trees shall be eight to ten feet in height.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
The following trees and shrubs are recommended for landscaping and screening
purposes:
1. Large Trees:
Pecan Red Oak
Burr Oak Water Oak
Southern Magnolias Live Oak
Bald Cypress Bradford Pear
2. Small Trees:
Yaupon Hollies Crape Myrtle
Wax Myrtle Cherry Laurel
Red Bud Japanese Black Pine
Cedar Elm
3. Evergreen Shrubs:
Red Tip Photinia Burford Holly
Nellie R. Stevens Chinese Holly
Yaupon Holly Clearra
Nandinnia Dwarf Crape Myrtle
Japanese Ligustrum Waxleaf Ligustrum
Abelia Junipers
Barberry Asian Jasmine
Honeysuckle English Ivy
Boston Ivy Liriope
Monkey Grass Virginia Creeper
Vinca Mondon Grass
Ophia Pogon Elaeagnus
Purple Sage Pistachio
The following trees are discouraged for landscaping and screening purposes:
Silver Maple Hackberry
Green Ash Arizona Ash
Mulberry Cottonwood
Mimosa Syberian Elm
American Elm Willow
Sycamore
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
b. Desirable Design Attributes
Mixture of large/canopy and small/ornamental trees and 8 ft walk/trail, benches at
node when adjacent to open space.
10' Minimum Width
5’ Minimum
Sidewalk
Subdivision
Development
Connection to
Open Space
Open Space
(see Public Open
Space Easement)
40' Minimum Width
when no access to open
space exists
50' 50 50
Lot Lines
Propert
Line
Street
Lot Lines
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
4. Lighting and Furnishings Along Open Space, Easements and Trails
a. Base Standard
(1) On open space easements, public walkways and trails provide: Solar-
controlled lighting on 10-12 feet decorative poles every 100 feet, common
throughout.
(2) Benches with backs which meet the city’s standard park bench, at a minimum
spacing of one bench per 1/2 mile, or any portion thereof when adjacent to open
space.
(3) Provide decorative paving and cross-walks at street connectors.
(4) Provide detention ponds, fountains or pools within buffer areas not adjacent to
open space development.
b. Desirable Design Attributes
(1) Provide trees at a maximum of 30 feet o.c. with down lighting and ground-level
lights.
(2) Provide facilities for a balanced exercise program as part of the walkway system
every ¼ mile.
E. Street and Sidewalk Standards – New Residential Requirements
Desired street and sidewalk requirements are achieved in accordance with the following
criteria:
1. Street Treatments - Curvilinear Streets
a. Base Standard
Subdivisions with curvilinear streets allow streets to follow original topography,
reduce visual monotony of lot appearance, reduce speeds through residential
neighborhoods, and discourage cut-through traffic. Subdivisions which develop
curvilinear streets that meet the following standards are desirable in the City of
Wylie.
(1) Twenty five percent of the street lengths in a subdivision, excluding major or
secondary thoroughfares, should be curvilinear in design.
(2) The term curvilinear in design shall refer to any street segment which is
designed with a degree of curvature not less than 3 degrees 30 minutes and not
greater than 22 degrees 55 minutes, and which shall offset a minimum distance
of 30 feet measured perpendicular to the initial tangent line of the curve.
Computation of percentage of curvilinear street shall utilize the centerline of all
residential streets within the subdivision.
b. Desirable Design Attributes
None
2. Street Treatments – Entry Features and Medians
a. Base Standard
All entrances to a residential subdivision shall have architectural features on stone
screen wall or stone monument (no brick) within landscaped median to first cross
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
street, with decorative paving and cross-walks. Entry walls/monuments shall be
illuminated by means other than street lights.
b. Desirable Design Attributes
All entrances to a residential subdivision shall have wrought iron accent panels, or
water feature, or 2 or more different type/color of stone (can be synthetic or cultured).
3. Street Treatments – Signage at Entries
a. Base Standard
Signage identifying a subdivision must be incorporated into the screen wall, or
monument sign within the median at the subdivision entry and shall be illuminated by
means other than street lights.
b. Desirable Design Attributes
None
4. Street Treatments – Street Name Signs
a. Base Standard
Block numbers shall be incorporated with street lighting that is coordinated
throughout the subdivision.
b. Desirable Design Attributes
Incorporate unique street name signs within the neighborhood or provide backlit
signs.
5. Street Treatments – Pedestrian Crosswalks
a. Base Standard
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
All crosswalks within a Residential development are to be 7 feet wide, and must
connect to a pedestrian sidewalk system of decorative pavers with pedestrian ramps
complying with the American with Disabilities Act, to provide a clear, continuous
pedestrian and circulation system throughout a subdivision.
b. Desirable Design Attributes
Use of decorative concrete pavers 10 feet or wider at all crosswalks within a
subdivision.
6. Pedestrian Sidewalks - Sidewalk Locations
a. Base Standard
5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street,
in the right-of-way of every internal street, and shall form a meandering continuous
pedestrian pathway system throughout the development.
b. Desirable Design Attributes
None
7. Mail Boxes
a. Base Standard
Mail boxes shall be paired at the lot line on SF-10 lots or lower and shall provide
number plaque and brick to match the resident.
b. Desirable Design Attributes:
Pair mailboxes at lot line and incorporate stone and same house exterior trim to mail
boxes.
8. Pedestrian Sidewalks - Sidewalk Lighting
a. Base Standard
Decorative street lighting shall be provided along residential streets throughout all
Residential Developments, providing low illumination with solar controls on
decorative poles with spacing ranging from 250 feet to 350 feet between lights placed
on alternating sides of the street. A Street Lighting Plan must be submitted to the
City Engineer for approval. The City Engineer is authorized to alter the distance
requirement if needed in an effort to achieve the best lighting arrangement possible.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
b. Desirable Design Attributes:
None
9. Perimeter Alleys
a. Base Standard
Alleyways adjacent to major thoroughfares shall be screened from view from the
public street with 6 foot decorative or solid masonry or concrete walls, wherever they
are located parallel to the public street. Landscape planting may be placed on the
public street side of the wall, but will not alone be considered to satisfy the screening
requirement. No lots shall face thoroughfare.
b. Desirable Design Attributes
None
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
F. Architectural Standards – New Residential Requirements
1. Building Bulk and Articulation
a. Base Standard
In order to avoid large blank facades, variations in the elevation of residential facades
facing a public street shall be provided in both the vertical and horizontal dimensions.
At least 25 percent of the façade shall be offset a minimum of 2 feet either protruding
from or recessed back from the remainder of the façade. A minimum of 60 percent of
the total area shall be on the 1st floor of all 2 story dwellings.
b. Desirable Design Attributes
None
2. House Numbers
a. Base Standard
All single family residential units shall have stone plaque with resident address beside
the main entry of the dwelling unit.
b. Desirable Design Attributes
Provide a lighted front wall plaque on all residential dwelling units.
3. Exterior Façade Material
a. Base Standard
All single family residential units shall have a minimum of one-hundred (100) percent
of the exterior facade composed of kiln-fired clay brick or stone laid masonry units or
masonry stucco, with 20 percent stone or decorative brick accent, excluding windows,
doors and other openings. Glazing shall not exceed twenty-five (25) percent of the
front elevation of the residence. Dormers, second story walls or other elements
supported by the roof structure may be composite masonry materials if approved by
the Building Official as having the same durability as masonry or stone and when
offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and
EIFS materials shall not be used for exterior walls.
The Building Official may grant exceptions to the above minimum standards for new
construction when the material and installation are approved by the Building Official
as having the same demonstrated durability as masonry and when one or more of the
following conditions are met:
(1) When other materials are required to blend with the historic architecture of the
house.
(2) When the construction is new infill construction and more than sixty percent
(60%) of the existing residential structures along both sides of the street and
between the two nearest intersection streets of the proposed location do not
meet the above minimum standards, new construction may be permitted which
is demonstrated to be equal in durability to that used in the majority of existing
structures.
(3) When a special architectural style for a specific location of individual residence
or subdivision of residences is approved by the Planning and Zoning
Commission and the Building Official determines that the material will have the
same durability as masonry.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
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ARTICLE 3
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3: RESIDENTIA
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REGULATIONS
Zoning Ordi
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b
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8. R
a
b
9. R
a
. Desirable
None
Roofs and R
. Base Stan
All single
or standin
and other
. Desirable
None
Roofs and R
. Base Stan
No wood
. Desirable
None
Repetition of
. Base Stan
e Design Att
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tributes
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al. Wood sh
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CLE 3: RESIDE
rials
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Zoning Ordinance
A minimum of seven (7) platted residential lots must be skipped on the same side and
four (4) lots must be skipped on the opposite side of a street before rebuilding the
same single family residential unit with an identical (or nearly identical) street
elevation design. The same floor plan shall not be repeated on neighboring, side by
side lots or directly across the street.
Identical or nearly identical floor plan means that the layout, size and function of the
rooms are essentially the same Identical or nearly identical street elevation design
means little or no variation in the articulation of the facade, height or width of facade,
placement of the primary entrances, porches, number and placement of windows, and
other major architectural feature. It does not mean similar colors, materials, or small
details.
b. Desirable Design Attributes
A minimum of 9 platted residential lots skipped on the same side and 6 skipped on
the opposite side of a street before rebuilding the same single family residential unit
with an identical (or nearly identical) street elevation design. The same floor plan
shall not be repeated on neighboring, side by side lots, or directly across the street.
10. Garage Entry
a. Base Standard
Garage doors shall not be located on the primary street elevation of a single family
residential unit. The primary street would be the addressed street front. When a three
car garage is constructed on a lot in a 2 & 1 configuration, the single car door may
face the street. Garages may face the street on a corner lot side yard. Each garage
shall be a minimum of 500 square feet which includes a minimum of 100 square feet
of storage space.
NO
12345671234567
7 lots skipped same side of street
O O
O
1234567
NO
1234567
4 lots skipped opposite side of street
12345671234567
9 lots same side of street
OO
O
1234567 1234567
89
89
89
89
6 lots opposite side of street
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
b
11. D
a
b
12. F
a
b
13. L
a
b
14. O
a
. Desirable
Each gara
square fee
Dwelling Siz
. Base Stan
The total
dwelling
breezeway
. Desirable
None
Fencing (If p
. Base Stan
(1) Fron
cons
(2) Side
cons
. Desirable
Fences co
Landscaping
. Base Stan
Each resi
trees and
. Desirable
Each resid
Outdoor Lig
. Base Stan
e Design Att
age shall be a
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ARTICLE
tributes
a minimum
space.
t of floor sp
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tributes
nces shall b
wood or wrou
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wood or wrou
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f board on bo
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E 3: RESIDENT
of 600 squar
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be permitted
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have an estab
all have an a
TIAL DISTRICT
re feet which
the outside
but exclud
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automated, su
T REGULATION
h includes a
dimensions
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NS
Zoning Ordi
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Zoning Ordinance
All residential dwelling units shall have an illuminated standard porch light at the
front entry and drive/garage.
b. Desirable Design Attributes
Front façade and drive/garage shall be illuminated by down-light (tree or house
mounted) or up-light (house mounted), and front and side yard activity area
illuminated and wired to the interior of the house.
15. Conservation/Sustainability
a. Base Standard
Each residential dwelling unit must comply with the Energy component of the
Building Code.
b. Desirable Design Attributes
Each residential dwelling unit is certified by United States Green Building Council
(USBG) or Leadership in Energy and Environmental Design (LEED).
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
ARTICLE 4 NON-RESIDENTIAL DISTRICT REGULATIONS
SECTION 4.1 COMMERCIAL DISTRICTS
Commercial land uses provide retail goods and personal services as well as employment
opportunities to support the local residential population, and provide public sales tax revenues.
To serve the future population, three types of commercial categories exist, defined by their
primary service function. Commercial districts provide a focus for institutional, commercial, and
entertainment and service-related uses for neighborhood residents. Residential uses within and
immediately adjacent to the commercial district provide a customer base for businesses located
within it.
A. Neighborhood Service District (NS)
1. Purpose: The Neighborhood Service District allows for convenience retail shopping,
personal services, and professional offices principally serving the needs of the
neighborhoods within and around the village center. Commercial development within the
village center in the NS district should be compatible in scale, character and intensity
with the surrounding residential neighborhoods.
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
Neighborhood Service District.
Figure 4-1 – Neighborhood Service District (NS)
Height
Height of Main Structure (feet) 36
Number of Stories 2
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 25
Side Yard Setback (feet) 10
Rear Yard Setback (feet) 10
Lot Coverage 45 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
10’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
5’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
4. Additional Provisions:
Refer to additional requirements in Article 7, General Development Regulations.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
B. Community Retail District (CR)
1. Purpose: The Community Retail District allows for the development of higher intensity
uses providing shopper and consumer goods, retail and personal services. Community
Retail districts support several neighborhoods and are located adjacent to commercial
corridors, business parks or industrial parks within the Comprehensive Plan.
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
Community Retail District.
Figure 4-2 – Community Retail District (CR)
Height
Height of Main Structure (feet) 36
Number of Stories 2
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 25
Side Yard Setback (feet) 10
Rear Yard Setback (feet) 10
Lot Coverage 45 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
10’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
5’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
4. Additional Provisions:
Refer to additional requirements in Article 7, General Development Regulations.
C. Commercial Corridor District (CC)
1. Purpose: The Commercial Corridor District allows for the retail, personal service, office
and light commercial needs of the residents of Wylie at a scale, character and intensity
that is higher than allowed in the Community Retail Districts. The Commercial Corridor
District has enhanced design and development standards to ensure the urban design
quality and image recommended in the Comprehensive Plan.
2. Permitted Uses: See Use Chart in Article 5, Section 5.1.
3. Development Standards: Following are the yard, lot and space requirements for
Commercial Corridor District.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 4-3 – Commercial Corridor District (CC)
Height
Height of Main Structure (feet) 50
Number of Stories 4
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 25
Side Yard Setback (feet) 10
Rear Yard Setback (feet) 10’
Lot Coverage 50 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
10’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
5’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
4. Additional Provisions: Refer to additional requirements in Article 7, General
Development Regulations.
D. Business Government District (BG)
1. Purpose: The Business Government District is intended to serve as a pedestrian-friendly
center for governmental, office, cultural, entertainment and light commercial uses.
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
Business Government District.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 4-4 – Business Government District (BG)
Height
Height of Main Structure (feet) 50
Number of Stories 4
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 25
Side Yard Setback (feet) 10
Rear Yard Setback (feet) 10’
Lot Coverage 50 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
10’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
5’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
SECTION 4.2 INDUSTRIAL DISTRICTS
The purpose of the Industrial Districts is to provide a location where the major employment base
of the community can be located with minimum impact on residential neighborhoods. Within the
industrial districts the primary focus should be industrial and commercial uses that serve
regional, state and national markets with support retail, office, and business-serving industrial
uses as needed.
A. Light Industrial District (LI)
1. Purpose: Light Industry includes less-intensive assembly, warehousing and distribution
of products from previously prepared materials and parts. Excluded uses include, but are
not limited to meat packing, chemicals and petroleum processing and manufacturing and
foundries.
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
Light Industrial District.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Figure 4-5 – Light Industrial District (LI)
Height
Height of Main Structure (feet) 50
Number of Stories 4
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 25
Side Yard Setback (feet) 10
Rear Yard Setback (feet) 25
Lot Coverage 50 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
25’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
15’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
B. Heavy Industrial District (HI)
1. Purpose: Heavy Industrial generally includes the more intensive processing and
manufacturing of raw materials into usable products, and such operations normally create
the most obnoxious consequences. Heavy Industrial requires access to regional
transportation (highway and rail) and resources (water) as well as special utilities, and
should be isolated or buffered from other land uses on larger campus settings.
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
Heavy Industrial District.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
4. Additional Provisions: Refer to additional requirements in Article 7, General
Development Regulations.
SECTION 4.3 NONRESIDENTIAL DESIGN STANDARDS
A. Desirable Design Attributes
All properties must meet base requirements provided in this section for Site Design,
Landscaping, and Architectural Features. In addition, properties must also select a required
number of desirable design standards from each of these categories. The available desirables
are detailed in the following sections.
B. Purpose of Nonresidential Design Standards
1. Site Design Standards. The purpose of the Site Design Standards is to provide for
building and parking placement, access drives and the location of service and loading
areas.
2. Landscaping Standards. The purpose of the Landscaping Standards is to provide for
landscaping in required yards, parking lots and street frontages.
3. Architectural Features. The purpose of the Architectural Features is to provide for
exterior building materials, building articulation, form and massing, and architectural
compatibility.
C. Design Standards Review
1. All nonresidential development shall achieve at a minimum the required number of
desirables discussed in Figures 4-7 through 4-9.
Figure 4-6 – Heavy Industrial District (HI)
Height
Height of Main Structure (feet) 50
Number of Stories 4
Residential Proximity 3 : 1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback (feet) 50
Side Yard Setback (feet) 25
Rear Yard Setback (feet) 25
Lot Coverage 50 %
Buffering and Screening
Nonresidential Use Adjacent to Single Family Double Side & Rear Setback –
25’ required landscaping w/screening
Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback –
15’ required landscaping w/screening
Service and Loading Areas Not visible from public street or
adjacent residential uses
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
2. Details of the Site Design Standards are included in Subsection D, details of Landscaping
Standards are included in Subsection E, and details of the Architectural Features are in
Subsection F.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance FIGURE 4-7 SITE DESIGN REQUIREMENTS ELEMENT BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) DESIRABLE (EACH DEVELOPMENT MUST SELECT 4 OF THE 8 DESIRABLES LISTED BELOW) Building Placement 1. Entrances and /or facades oriented to the street. 2. Building footprints no greater than 20,000 square feet in NS and CR Districts. 3. Multiple buildings placed to create plazas, courtyards, landscaped areas w/connecting walkways. 1. Building at the front yard line. 2. Individual buildings w/footprints = or < 10,000 square feet. 3. Front facade oriented to the street. Parking Placement 1. Parking spaces at least 10’ from residential lot line. 1. Site plan with no more than 50% of parking in front of the building. 2. Building with no more than one row parking in front. Access Drives 1. Minimum width drive of 24’, turning radius of 25’. 2. Access drive at least 150’ from intersection. 3. Access drives serving developments greater than 30,000 sq.ft. shall have separated median, or be separated at least 150’ from each other. 4. Landscaped treatment of entrances 1. Combined access points with adjacent tracts. 2. Direct connection between buildings and street. Location of Service and Loading Areas 1. Service and loading areas shall not be visible from a public street or adjacent residential lot. 2. Developments unable to meet the above are required to have masonry screening walls w/gates. 1. Not visible from public street but provide masonry screening. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance FIGURE 4-8 LANDSCAPING DESIGN REQUIREMENTS ELEMENT BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) DESIRABLE (EACH DEVELOPMENT MUST SELECT 4 OF THE 8 DESIRABLES LISTED BELOW)Landscaping in Required Yards 1. At least 20 % of site shall be landscaped in NS, CR, CC, & BG Districts; 10% of site in CR & CC Districts for single buildings of 100,000 sq ft. or more; 10% of site in LI and HI Districts. 2. Landscaping is required in the front yard. 3. Landscaping is required in side and rear yards adjacent to, or across the street from residential. 1. Landscaping that exceeds the minimum by 10%. 2. Landscaping in side and rear yard not otherwise required. Landscaping of Parking Lots 1. Site plans requiring more than 12 spaces required to have 50 sq.ft. of landscaping per space. 2. No parking space further than 60’ from landscaped area on site. 3. Parking rows 12 spaces or longer shall have landscaped islands at end. 4. All parking rows shall have landscaped areas at least every 12 spaces. 1. Landscaping10% or more in excess of 50 sq.ft./space. 2. Parking lots with no space further than 40 feet from a landscaped area. 3. Landscaped pedestrian connection to main entrance. Visual Screening 1. Required screening in strip at least 5’ wide, plants 3’ in height when planted, include one flowering tree for every 20 linear feet of area. Landscaping of Street Frontages 1. At least 50% of required front yard developed as landscaped buffer, at least 10’ in width. 2. Trees required in buffer, in groves or belts on a 30 – 40’ spacing. 3. Required trees at least 3” in caliper. 4. At least 4’ meandering concrete walkway on perimeter when adjacent to thoroughfare. 1. Use of rock walls or other natural landscape features. 2. Increase in minimum width of landscape buffer by 20%. 3. Provision of special benches, pedestrian lighting other streetscape elements. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance FIGURE 4-9 ARCHITECTURAL DESIGN REQUIREMENTS ELEMENT BASE STANDARD (ALL DEVELOPMENT MUST COMPLY FULLY WITH ALL LISTED BELOW) DESIRABLE (EACH DEVELOPMENT MUST SELECT 3 OF THE 6 DESIRABLES LISTED BELOW) Building Materials 1. Buildings constructed of a masonry product with at least 20% stone on front façade in NS, CR, CC, BG, LI and HI Districts. Tilt wall construction is permissible in LI and HI districts. 2. Roofs with pitch greater than 2:12 use specified roofing materials. 3. Buildings should copy architectural styles and details, design themes, building materials, and colors of the surrounding new development context w/in 200 ft of a corner. 1. Use of two complementary primary facade materials to help achieve facade articulation, visual variety and/or architectural detailing. 2. Copy same style entire block. Building Articulation, Form and Massing 1. Walls not exceed height width ratio of 1 to 2 without variation in massing of facade. At least 25% of facade offset at least 4’. 2. Entrances must be emphasized with architectural elements. 3. Ground floor facades in NS, CR, & CC Districts required specified features along 60% of length. 1. Application of base standards to facades not facing a public street. 2. Use of Architectural detailing and/or materials to provide variety in visual appearance. Architectural Compatibility 1. Buildings in the NS and CR Districts shall be architectural compatible with surrounding neighborhoods. 2. Buildings in CC & BG Districts adjacent or within 200’ of residential areas shall be architecturally compatible. 1. Buildings with pitch roofs meeting minimum requirement of residential development. 2. Buildings with hip roof sections, dormers or two or more gable roof sections at right angles to each other. ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance This page intentionally left blank ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
D. Site Design Standards
Desired Site Design requirements are achieved by projects in accordance with
the following criteria:
1. Building Placement
a. Base Standard
(1) Buildings shall be placed with their entrance and/or main facade
oriented to the street.
(2) Building footprints shall be no greater than 20,000 square feet in
the NS and CR Districts.
FIGURE 4-10 - BUILDING PLACEMENT
(3) Multiple buildings on a single site shall be placed in such a
manner as to create plazas, courtyards, and landscaped areas with
connecting pedestrian ways between buildings. (NS, CR, CC)
Landscaping in
front yard
no more than one row
of parking in front of
building
Single building footprint no larger
than 20,000 square feet
Main entrance
oriented to street
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-11 - BUILDING PLACEMENT
b. Desirable Design Attributes
(1) Locate buildings at the front yard line with no parking in the front.
(2) Individual buildings with footprints no greater than 10,000 square.
(3) Provide a direct connection between a building’s main entrance and the public
street, not using a portion of a parking lot.
2. Parking Placement
a. Base Standard
(1) Parking spaces shall be located at least 10 feet from the nearest residential lot
line.
b. Desirable Design Attributes
(1) Provide site plans with no more than 50% of parking in front of the main
building.
(2) Provide site plans with no more than one row of parking in front of the main
building.
Plazas, courtyards and
landscaped areas
Multiple buildings each no greater
than 20,000 square feet
Entrances oriented
to street
No parking in
front yard
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-12 - PARKING TO SIDE AND REAR OF BUILDING
3. Access Drives
a. Base Standard
(1) All access drives shall have a minimum development standards adopted by the
City of Wylie.
(2) Access drives shall be located at least 150 feet from an intersection except when
the site is too small to meet this requirement. In those cases, the site plan shall
meet the desirable requirements.
(3) Access drives serving developments with more than 30,000 square feet of
development shall have a separated median, or be located at least 150 feet from
each other, or as required by the City of Wylie development standards
whichever is greater.
(4) Provide landscaped entrances with the following treatments:
(a) Decorative monuments sign using rock, brick or other natural materials.
(b) Plantings of seasonal flowers and/or flowering shrubs;
(c) Flowering trees or large trees from the approved plant list or sculptural
artwork or a combination of the two.
b. Desirable Design Attributes
(1) Combined access points with adjacent tracts and on-site internal circulation.
(2) Direct connection between buildings and street.
Parking to side and
rear of building Building Located at
the front yard line
Landscaping in
required front yard
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-13 - LANDSCAPE TREATMENT OF ENTRANCES
4. Location of Service Areas and Loading
a. Base Standard
(1) Service areas and loading areas shall be located where they are not visible from
a public street or from adjacent residential lots.
(2) Service or loading areas which cannot fully meet the above requirement shall
have a masonry screening wall with gates which prevent visibility from a public
street or adjacent residential lot. Masonry materials must match or complement
the masonry materials of the building.
b. Desirable Design Attributes
Service and loading areas shall not be visible from a public street or adjacent
residential lot, but which provide screening using a masonry screening wall with
gates to screen the area from on-site areas.
E. Landscaping
Desired Landscaping Design requirements are achieved by projects in accordance with the
following criteria:
1. Landscaping in Required Yards
a. Base Standard
(1) At least 20 percent of the site shall be landscaped in NS, CR, CC, and BG
Districts, and at least 10 percent of the site in LI and HI Districts shall be
landscaped. If a single building of 100,000 square feet or more is to be
constructed on a single lot in CR or CC Districts then only 10% of the site will
be required to be landscaped.
(2) Landscaping is required in the front yard.
(3) Landscaping is required in the side and rear yards when adjacent to or across the
street from a residential use.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Landscaped Islands at
end of parking rows
All parking rows shall have
landscaped areas at least
every 12 spaces.
first 5 feet of
perimeter landscaping
b. Desirable Design Attribute
(1) Landscaping that exceeds the minimum by 10 percent.
(2) Provide the following landscape conditions in the side and rear yards of a
development, not otherwise required because of residential adjacency:
(a) The landscape area is at least 10 feet in width;
(b) The landscape area has shrubs at least 3 feet in height planted within the
landscape strip; and
(c) The landscape area includes at least one flowering tree for every 20
linear feet of planting area. Trees may be planted in groves or bands as
long as the required numbers of trees are provided.
2. Landscaping of Parking Lots
a. Base Standard
(1) All site plans with required parking more than 12 spaces are required to have
50 sq. ft. of landscaped area for each parking space. In calculating parking lot
landscaped area, all areas surrounded by parking spaces are counted, plus the
first five feet of perimeter landscaped area, if any.
(2) No parking space shall be further than 60 feet from a landscaped area on the site.
(3) Parking rows 12 spaces or longer shall have landscaped islands at the ends.
(4) All parking rows shall have landscaped areas at least every 12 spaces.
FIGURE 4-14 - PARKING LOT LANDSCAPING
b. Desirable Design Attribute
(1) Landscaping in parking lots which exceed the 50 square feet of landscape area
per parking space by 10 percent or more.
(2) Provide parking lots in which no parking space is further than 40 feet from a
landscaped area.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Pedestrian access
part of parking
Building entrance
Decorative Paving
Material
Enhanced Plant
Material
(3) Provide parking lots which offer landscaped pedestrian connections from the
parking lot to the main entrance. To qualify, the pedestrian connection must be
separate from the parking spaces and drives, and connect to a central location
within the lot to the building, and be developed with enhanced paving, and
enhanced plant materials.
FIGURE 4-15 - PEDESTRIAN ACCESS FROM PARKING LOT
3. Visual Screening
a. Base Standard
Service and loading areas are required to be screened using landscape materials which
meet the following conditions:
(a) The service area shall be bordered by a landscaped strip at least 5 feet in width;
(b) The shrubs shall be at least 3 feet in height when planted and within the
landscape strip; and
(c) The screening shall include at least one flowering tree for every 20 linear feet of
landscape area.
b. Desirable Design Attribute
None
4. Landscaping of Street Frontages
a. Base Standard
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
(1) At least 50 percent of the required front yard, excluding any access drives, must
be developed as a landscaped buffer. The landscaped buffer must be at least 10
feet in width.
(2) Trees shall be planted within the landscaped buffer along all public streets. To
the extent possible, trees should be planted in groves or belts on 30 feet to 40
feet spacing depending on tree species.
(3) Required trees must be at least 3 inches in caliper, measured at a point 12 inches
above grade.
(4) All nonresidential development shall provide a 4 foot minimum width
meandering concrete public walkway around the development perimeter when
adjacent to a public thoroughfare. The meandering walkway may be located
partially in the landscape buffer and partly within the street right of way
parkway and must be placed at least one foot off of the curb.
FIGURE 4-16 - LANDSCAPING OF STREET FRONTAGES
b. Desirable Design Attribute
(1) Utilize low rock walls or other natural landscape features, flowering shrubs and
seasonal flowers within the landscape.
(2) Increasing the minimum width of the landscaped buffer by 20 percent.
(3) Provide special benches, lighting, or other streetscape amenities along the
walkway.
4' minimum width
meandering sidewalk
Use of low
rock walls
Flowering shrubs and
seasonal flowers
Visibility Triangle
must be maintained
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
4' minimum width
meandering
sidewalk
Property
Line
Parkway
Flowering shrubs
and seasonal
flowers
Required
Front Yard
Use of low
rock walls
Visibility
Triangle
FIGURE 4-17 - LANDSCAPING OF STREET FRONTAGES
F. Architectural Features
Desired Architectural Design requirements are achieved by projects in accordance with the
following criteria:
1. Building Materials
a. Base Standard
(1) Primary materials for buildings in the NS, CR, CC, BG, LI and HI districts shall
be constructed of a masonry product with at least 20 percent stone on the front
façade. Approved masonry materials include, but are not limited to brick, stone,
cast stone, decorative concrete, concrete block, stucco or cementitious
fiberboard. Tilt wall construction is permissible in LI and HI districts.
(2) EFIS shall not be considered acceptable primary material but shall be accepted
when applied as accent or architectural features and shall not exceed 20% of any
façade face.
(3) Roofs with a pitch greater than 2:12 shall have roofing materials of architectural
grade dimension asphalt shingles, concrete or clay roofing tiles, standing seam
metal roofing, or slate roofing shingles.
(4) Facades, rooflines, and exterior treatment of structures shall be compatible in
design, color and materials with surrounding new development within 200 feet
of a corner.
(5) Subject to Building Official & Planning Director evaluation of alternative
exterior material’s aesthetic appropriateness, durability and strength, an
applicant may appeal alternative design and exterior material inconsistent with
adopted standards to City Council.
b. Desirable Design Attributes
(1) To achieve façade articulation, visual variety and/or architectural detailing
buildings shall use two complementary primary facade materials.
(2) Provide the same style of building materials throughout the entire block.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
2. Building Articulation, Form and Massing
a. Base Standard
(1) In order to avoid large blank building facades, variations in the elevation of
building facades facing a public street shall be provided in both the vertical and
horizontal dimensions. Walls shall not exceed a height to width ratio of 1 to 2
without substantial variations in massing that include a change in height and
either a projective or recessed element. At least 25 percent of the facade shall be
offset a minimum of 4 feet either protruding from or recessed back from the
remainder of the facade in NS, CR, CC and BG Districts. At least 20 percent of
the front façade shall be offset a minimum of 4 feet either protruding from or
recessed back from the remainder of the faced in LI and HI Districts.
FIGURE 4-18 - BUILDING ARTICULATION
(2) Entrances to buildings shall be emphasized through providing projections,
recessed areas, canopies, projections in height, or other architectural elements.
(3) Ground floor facades facing a public street in a NS, CR, CC or BG district shall
have arcades, display windows, entry areas, awnings, or other such features
along at least 60 percent of their horizontal length.
25 Percent of Facade either
projected or recessed
Minimum 4
Feet
Entrances emphasized
Roof form compatible
with residential
architecture
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
Entrances
emphasized
Building Materials
Stone
Cast StoneProjections
Canopies
Architectural
elements
FIGURE 4-19 - BUILDING ARTICULATION
b. Desirable Design Attributes
(1) Application of the base standard to facades not facing a public street, but visible
from a public street.
(2) Use of architectural detailing to provide variety in the visual appearance of the
facade of the building. Architectural detailing may be achieved by the
harmonious use of materials, colors, or textures.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-20 - ARCHITECTURAL DETAILS
3. Architectural Compatibility
a. Base Standard
(1) Buildings in the NS and CR districts shall be designed to maintain architectural
compatibility with the residential architecture of the surrounding areas. This
may be achieved through the use of building materials, pitched roofs, window
and door treatments, landscaping around the base of the buildings, or by other
means.
(2) Buildings within the CC District that are adjacent to residential zoning, or
within 200 feet of residential zoning shall be designed to maintain architectural
compatibility with adjacent residential architecture. This may be achieved
through the use of building materials, pitched roofs, window and door
treatments, landscaping around the base of the buildings, or by other means.
Entrance treatment
Canopy
Roofing materials
Window
above
door
Rock work
Cast stone
Arches
above
windows
Cast stone details
Decorative brick patterns
Arcade
Roofing materials
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
b. Desirable Design Attributes:
Buildings with pitch roofs which meet the minimum pitch requirements of residential
developments (6:12).
Buildings with pitch roofs developed with hip roof sections, dormers, or two or more
gable roof sections at right angles to one another.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
ARTICLE 5 USE REGULATIONS
SECTION 5.1 LAND USE CHARTS
Buildings, structures and land shall be used only in accordance with the uses permitted in the
following Land Use Tables, subject to all other applicable requirements of this ordinance.
FIGURE 5-1 INTERPRETATION OF LAND USE CHARTS
Symbol Meaning
"P" The use is permitted as a principal use in that zoning district by
right. Additional requirements for this use may be required and are
listed in Section 5.2 Listed Uses, Additional Provisions.
"P*" The use is permitted, however special provisions are required
when located in this district. These provisions are listed in Section
5.2 Listed Uses, Additional Provisions.
"S" The use is permitted in that zoning district only after first
obtaining a Special Use Permit (SUP) as set forth in 5.4 Special
Use Permits.
"T" The use is permitted in that zoning district only after first
obtaining a Temporary Use Permit (TUP) as set forth in Section
5.5 Temporary Uses and may include additional provisions.
A blank square means that the use is not allowed in that zoning
district as a principal use.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
FIGURE 5-2 DISTRICT ABBREVIATIONS
ABBREVIATED
DESIGNATION
ZONING DISTRICT NAME
Low-Density Residential Districts
AG/30 Agricultural District
SF-ED Single Family – Estate District
Medium Density Residential Districts
SF-20/26 Single Family - 20 District
SF-10/24 Single Family - 10 District
High-Density Residential Districts
TH Townhouse District
MF Multifamily District
MH Manufactured Home District
Commercial Districts
NS Neighborhood Services District
CR Community Retail District
CC Corridor Commercial District
BG Business Government District
Industrial District
LI Light Industrial District
HI Heavy Industrial District
Special Purpose and Overlay Districts
PD Planned Development District
FP Floodplain District
DTH Downtown Historic District
SBO South Ballard Overlay District
ARTICLE 5: USE REGULATIONS
Zoning Ordinance FIGURE 5-3 LAND USE TABLES P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed-Use A.Agricultural & Animal Related AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Animal Boarding Kennel with Outside Pens S S P 1 per 325 sq ft of main structure 2. Animal Boarding/ Kennel without Outside Pens S S S P* P* P* 1 per 325 sq ft 3. Animal Production P* Per approved Site Plan 4. Commercial Greenhouse or Nursery P* P* P* S P 1 per 300 sq ft of main structure 5. Crop Production P* P* none 6. Stable (Commercial) S P* 1 per 3 stalls ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed-Use B. Residential & Lodging AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Assisted Living Apartment P* S P* S 1 per room (L) 2. Bed & Breakfast Inn S S S P* S P* P* P* 1 per room 3. Boarding or Rooming House P* P* P* P* P* 1 per room (L) 4. Hotel or Motel S P P P P* P 1.25 per room (L) 5. Manufactured Home P* P* P* P* P* P* P* 2 per dwelling 6. Manufactured Home Park P 2 per dwelling 7. Multifamily Dwelling P P* P* P 2 per dwelling 8. Single Family Dwelling, Attached P P P* P* P 2 per dwelling 9. Single Family Dwelling, Detached P P P P P 2 per dwelling P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses C. Institutional & Community Service AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Cemetery or Mausoleum S S S S S S P Per approved site plan 2. Church/House of Worship P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 250 sq ft 3. Civic Center P P P P P P P P 1 per 300 sq ft 4. College or University S S S S S P P P P 9 per classroom* (L) 5. Cultural Arts Facility P* P* P P P P P P 1 per 325 sq ft (L) 6. Day Care Facility S S S S S P* S P* P* P* P* P* P* P* 4 per classroom* 7. Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1 per 2 beds 8. Hospital or Sanitarium P P 1 per 2 beds (L) 9. Library P P P P P P P P 1 per 325 sq ft 10. Mortuary or Funeral Home S P P 1 per 250 sq ft 11. Nursing, Convalescent Home or Hospice P* P P 1 per 4 beds (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses C. INSTITUTIONAL & COMMUNITY SERVICE, CONT. AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 12. School (Public or Private) Elementary P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom (L) 13. School (Public or Private) Secondary P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom 14. School, Business P P P P P 9 per classroom 15. School, Technical or Trade P P P P 9 per classroom (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses D. Office AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Financial Institution (with drive-thru) S S P P 1 per 400 sq ft (L) 2. Financial Institution (without drive-thru) P P P P P P P 1 per 300 sq ft (L) 3. Financial Institution, Alternative S S S S S S S 1 per 250 sq ft (L) 4. General Office P P P P P P P 1 per 400 sq ft (L) 5. Medical Clinic P* P P P* P* P P 1 per 350 sq ft (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses E. Recreational, Entertainment & Amusement AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Commercial Amusement or Recreation (Low-Density Inside) S P S S 1 per 300 sq ft 2. Commercial Amusement or Recreation (High-Density Inside) S P S S 1 per 100 sq ft 3. Commercial Amusement or Recreation (Outside) S S S Per approved SUP 4. Community Park, Recreation Center, or Golf Course (Public) P P P P P P P P P P P P P P Per approved site plan 5. Country Club or Golf Course (Private) P P P P P P P S S P P P 4 per green 6. Golf Driving Range S S S S S S S S S S 1.25 per tee (L) 7. Health Club P* P* P* P P P P 1 per 200 sq ft 8. Neighborhood Park or Playground P P P P P P P P P P P P P P P Per approved site plan (L) 9. Sexually-Oriented Business P* 1 per 150 sq ft (L) 10. Shooting Range, Indoor S P 1 per 400 sq ft (L) 11. Theater P P S P P 1 per 200 sq ft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses F. Retail, Personal Service & Commercial AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Animal Clinic or Hospital S S P P 1 per 400 sq ft (L) 2. Automobile Rental S P* P P* P 1 per 400 sq ft (L) 3. Automobile Repair, Major S S P 1 per 400 sq ft (L) 4. Automobile Repair, Minor S P P P S 1 per 300 sq ft (L) 5. Body Art Studio P* P* 1 per 150 sq ft (L) 6. Car Wash S S S Per approved SUP (L) 7. Club or Lodge (Non-profit) P P P P P 1 per 200 sq ft (L) 8. Contractor’s Maintenance Yard S P 1 per 500 sq ft main structure (L) 9. Dry Cleaning or Laundry, Drop-Off or Self Service P P P P P P* 1 per 350 sq ft (L) 10. Cleaners (Commercial) S P* P* 1 per 1000 sq ft (L) 11. Equipment Rental S S S P P 1 per 500 sq ft main structure (L) 12. Food Processing S P* P P 1 per 1000 sq ft (L) 13. General Merchandise Store P P P P* P P P 1 per 400 sq ft (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses F. RETAIL, PERSONAL SVC & COM., CONT. AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 14. Grocery Store S P P P P 1 per 300 sq ft (L) 15. Home Improvement Center, Lumber, Brick, or Building Materials P P P 1 per 400 sq ft (L) 16. Household Equipment & Appliance Repair P P P P P 1 per 500 sq ft (L) 17. Motor Vehicle Fueling Station S P P P P Per site plan (L) 18. Pawn Shop P 1 per 250 sq ft (L) 19. Personal Service Use P P P P P P 1 per 250 sq ft (L) 20. Restaurant with Drive-in or Drive-through Service P* P* P * 1 per 150 sq ft (L) 21. Restaurant without Drive-in or Drive-through Service P* P* P* P* P* P* P* P* 1 per 100 sq ft (L) 22. Truck, Machinery & Heavy Equipment Sales, Service or Repair S P 1 per 600 sq ft of main structure (L) 23. Vehicle Display, Sales or Service P P 1 per 500 sq ft (L) ARTICLE 5: USE REGULATIONS P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses F. RETAIL, PERSONAL SVC & COM., CONT. AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 24. Beer & Wine Package Sales P* P* P* P* P* P* P* 1 per 250 sq ft (L) 25. Antique Shop (Inside Sales) S P* P* P* P* 1 per 250 sq ft (L) 26. Secondhand Goods S P* 1 per 250 sq ft (L) 27. Used Merchandise Resale/Consignment or Thrift Shop S P* P* P* 1 per 250 sq ft (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses G. Utility, Transportation & Public Service AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Airport, Heliport or Landing Field S P P Per approved site plan (L) 2. Animal Shelter P P 1 per 750 sq ft of main structure 3. Commercial Bus Station, Terminal or Service Facility S P P Per approved site plan (L) 4. Commercial Radio or TV Transmitting Station S S P P Per approved site plan (L) 5. Electric Substation or Gas Regulator Station S P Per approved site plan 6. Helipad S S P P Per approved site plan 7. Local Utilities P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Per approved site plan 8. Mounted Antenna S S S S S P* P* P* P* P* P* P* P* P* none 9. Police or Fire Station P P P P P P P P P P P P P P Per approved site plan 10. Post Office S S S S P P P P P P P P P Per approved site plan (L) 11. Radio, Television or Microwave Tower S S S S S Per approved SUP 12. Railroad Yard P Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses G. UTILITY, TRANS. & PUBLIC SERVICE, CONT. AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 13. Sewage Treatment Plant S Per approved SUP 14. Telecommunications Tower S S S S S S S S S S S P* P* Per approved site plan 15. Telephone Exchange without Shops or Offices S P S P P Per approved site plan 16. Transit Passenger Shelter P P P P P P P P P P P P P P P Per approved site plan 17. Utility or Government Installation other than listed S P P S S S P P S S Per approved site plan 18. Water Treatment Plant, Reservoir or Water Storage P P Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses H. Industrial & Manufacturing AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Asphalt or Concrete Batch Plant S Per approved SUP (L) 2. Industrial (Inside) P* P* 1 per 1000 sq ft (L) 3. Industrial (Outside) S S Per approved site plan (L) 4. Light Assembly & Fabrication P P P 1 per 1000 sq ft (L) 5. Mining S S Per approved SUP 6. Printing & Publishing P P P P* P* 1 per 750 sq ft 7. Salvage or Reclamation of Products (Inside) S 1 per 1000 sq ft (L) 8. Salvage or Reclamation of Products (Outside) S Per approved SUP (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses I. Wholesale, Distribution & Storage AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Auto Auction S Per approved site plan (L) 2. Contractor’s Maintenance Yard P* P P Per approved site plan (L) 3. Freight Terminal P Per approved site plan (L) 4. Landfill S Per approved SUP 5. Livestock Auction Pens or Sheds S Per approved SUP (L) 6. Mini-warehouse (Self-storage) S S 1 per 20 units 7. Office Showroom/Warehouse S P P P* P 1 per 750 sq ft (L) 8. Outside Storage P P Per approved site plan (L) 9. Recycling Collection Center S S S P Per approved site plan (L) 10. Warehouse/ Distribution Center S P 1 per 1500 sq ft (L) P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses J. Accessory Uses AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Accessory Agricultural Buildings P* S None 2. Accessory Community Center (Private) P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sq ft 3. Accessory Game Court (Private) P* P* P* P* P* P* P* P* P* S P* P* None / Per approved site plan 4. Accessory Outside Display of Merchandise P* P* P* P* P* P* None 5. Accessory Outside Sales P* P* 1 per 500 sq ft 6. Accessory Outside Storage S P* P* None 7. Amateur Communication Tower P* P* S S S P* P* P* P* P* P* P* None 8. Caretakers Quarters/Domestic or Security Unit S P P P P P P P P P 1 per 1000 sq ft 9. Home Occupation P* P* P* P* P* P* P* None 10. Private Stable P* P* None 11. Swimming Pool (Private) P* P* P* P* P* P* P* P* P* P* P* P* S S None P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance PERMITTED USES Residential Districts Non-Residential Districts Parking Low-Density Residential Medium-Density Residential High-Density Residential Commercial Industrial Mixed Uses K. Temporary Uses AG/30 SF-ED SF-20/ 26 SF-10/ 24 TH MF MH NS CR CC BG L I H I DTH SBO 1. Christmas Tree Sales T T T T T T T T 1 per 1000 sq ft 2. Occasional Sale/Garage Sale P P P P P P P T T None 3. Seasonal Sales Stand T T T T T 1 per 1000 sq ft 4. Temporary Concrete or Asphalt Batch Plant T T T T T T T T T T T T Per approved site plan 5. Temporary Construction Yard, or Construction or Sales Office T T T T T T 1 per 300 sq ft 6. Temporary Crop Production p T T T T T T T T T T T T T None 7. Temporary Grazing T T T T T T T T T T T T None 8. Temporary Living Quarters T T 2 per dwelling 9. Traveling Show, Carnival or Circus T T Per approved site plan P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit. (L)=Loading spaces are required ARTICLE 5: USE REGULATIONS
Zoning Ordinance THIS PAGE INTENTIONALLY LEFT BLANKARTICLE 5: USE REGULATIONS
Zoning Ordinance
SECTION 5.2 LISTED USES
All permitted districts, required parking, and loading are outlined in Section 5.1 Land Use
Charts.
A. Agricultural & Animal-Related Uses
1. Animal Boarding/Kennel with Outside Pens
Definition: A facility or area for keeping 4 or more dogs, cats, or other household pets
outside, or where grooming, breeding, boarding, training or selling of animals is
conducted as a business. This use does not include Animal Clinics or Hospitals.
2. Animal Boarding/Kennel without Outside Pens
a. Definition: A facility or area for keeping 4 or more dogs, cats, or other household
pets, or where grooming, breeding, boarding, training in conjunction with selling of
animals is conducted as a business, and where all activities are conducted indoors.
This use does not include Animal Clinics or Hospitals.
b. Additional Provisions:
All permitted districts when adjacent to a residential use:
(1) Rooms containing cages or pens are not permitted to have windows, doors, or
other penetrations on exterior walls.
(2) Areas designated for holding, boarding, or grooming of pets are limited to no
more than 10 percent of the gross floor area.
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) 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.
(4) 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.
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Zoning Ordinance
(5) 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.
4. Commercial Greenhouse or Nursery
a. Definition: Commercial greenhouse & nursery means a facility for the cultivation of
plants within a protected environment on a commercial basis.
b. Additional Provisions:
AG District: Limited retail sales are permitted on-site subject to the following
conditions:
(1) Retail sales are permitted at all times as part of the commercial greenhouse and
nursery use when the retail sales do not exceed 10 percent of the total
greenhouse floor area.
(2) Up to 100 percent of the total greenhouse floor area may be devoted to retail
sales activities during an occasional greenhouse sale. No more than 4 occasional
greenhouse sales may be conducted during any 12 month period. Each
occasional greenhouse sale shall be limited in duration to no more than 3
consecutive calendar days.
NS & CR Districts:
(1) Use shall be limited to 5,000 square feet of land area.
(2) Inside retail sales permitted.
(3) All outside storage shall be screened from adjacent properties and streets.
5. Crop Production
a. Definition: Crop production means an area used for the raising or harvesting of
agricultural crops intended to provide food or fiber.
b. Additional Provisions:
(1) Crop production shall require at least a 5 acre land area.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
(2) Structures maybe erected for a private pen, barn, shed or silo of the treating and
storing of products raised on the premises.
6. Stable, Commercial
a. Definition: Commercial stable means a facility for the business of boarding or
renting horses to the public.
b. Additional Provisions:
All permitted districts:
(1) Commercial stables shall require at least a five acre area. Animal/land ratio shall
comply with requirements of the City of Wylie Health Code.
(2) A commercial stable shall have sufficient drainage and other facilities so as not
to create offensive odors, insect or rodent breeding, or other nuisances.
(3) A pen, corral, or similar enclosure shall have a minimum front setback of 50
feet and a minimum side setback of 30 feet from the property line. In addition,
they may not be located any closer than 100 feet to the dwelling on the premises
or 100 feet to any property line. This provision does not apply to perimeter
fences which may be located along the property line.
(4) Additional parking may be required for the parking of trailers if any events are
planned or conducted on the property which will draw horses from other stables
or other conditions are specifically identified that require parking of horse
trailers on the property.
B. Residential & Lodging Uses
1. Assisted Living Apartment
a. Definition: An establishment that furnishes, in one or more facilities, food and shelter
to five or more persons who are unrelated to the proprietor of the establishment and
that provides personal care services as defined by Chapter 247 of the Texas
Administrative Code. Personal care services include assistance with meals, dressing,
movement, bathing, or other personal needs or maintenance; the administration of
medication; or the general supervision or oversight of a person’s physical and mental
well-being. The term does not include a Nursing, Convalescent Home or Hospice.
b. Additional Provisions:
All permitted districts:
(1) Retirement housing may contain suites for the use of residents. Suites are
defined as one or more rooms designed to accommodate one family containing
living, sanitary and sleeping facilities, but not containing a kitchen.
(2) One dwelling unit or suite may be designated as caretakers.
(3) The facility shall have access to a collector or larger street.
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Zoning Ordinance
2. Bed & Breakfast Inn
a. Definition: A house, or portion of a house, where short term lodging rooms and
meals are provided. The operator of the inn shall live on the premises or in adjacent
premises.
b. Additional Provisions:
All permitted districts:
(1) The number of guest rooms is limited to 6.
(2) Cooking facilities for guest rooms are not permitted.
(3) Individual guest occupancy is limited to no more than one month in any 3-
month period.
CR district:
(1) This use may only be permitted in existing structures.
(2) The renovation of existing structures to accommodate this use shall maintain the
existing character of the neighborhood.
3. Boarding or Rooming House
a. Definition: Boarding or rooming houses means a facility that has 5 or fewer guest
rooms that are rented separately to occupants.
b. Additional Provisions:
All permitted districts:
(1) This use may serve meals to the occupants.
(2) This use may not have kitchens in the guest rooms.
NS & CR districts:
(1) This use may only be permitted in existing structures.
(2) The renovation of existing structures to accommodate this use shall maintain the
existing character of the neighborhood.
4. Hotel or Motel
a. Definition: Hotel means a building or group of buildings whose main function is to
provide rooms for temporary lodging where entrance to each room is gained from a
completely enclosed area and which structure may also contain a restaurant,
conference rooms, and various personal service shops. Motel means a building or
group of buildings whose main function is to provide rooms for temporary lodging in
which the rooms are directly accessible from an outdoor parking area.
b. Additional Provisions:
DTH: No motels are permitted.
5. Manufactured Home
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
a. Definition: Manufactured Home is a factory-built, single-family structure that is
manufactured under the authority of 42 U.S.C. Section 5401, the National
Manufactured Housing Construction and Safety Standards Act of 1974, is
transportable in one or more sections, is built on a permanent chassis, and is used as a
place of human habitation; but which is not constructed with a permanent hitch or
other device allowing transport of the unit other than for the purpose of delivery to a
permanent site, and which does not have wheels or axles permanently attached to its
body or frame.
b. Additional Provisions:
All permitted districts:
Housing units shall be finished in a manner entirely consistent with site-built single-
family homes and shall be placed on a concrete foundation so as to be virtually
indistinguishable from other homes in the area.
6. Manufactured Home Park
a. Definition: Manufactured Home Park means a unified residential development of
manufactured homes on transient stands arranged on a lot under a single ownership.
Manufactured homes are factory assembled structures without permanent foundations
and designed to be transported on its own wheels, arriving at the site as a complete
dwelling unit.
Removal of the wheels and placement on a foundation does not change its
classification. The term manufactured home includes half units that are transported to
the site on their own wheels and assembled. It does not include travel trailers,
campers, camper buses, motor homes, or modular houses.
b. Additional Provisions:
(1) Incidental Uses. Uses that are customarily incidental to the manufactured home
park, including employee washrooms, manager’s office, laundry rooms,
swimming pools, and game courts, are permitted provided they are located at
least 50 feet from a single family attached or single family detached zoning
district. The game courts, laundry rooms, and swimming pool shall be for the
exclusive use of the residents and their guests. No exterior advertising of these
uses is permitted.
(2) Accessory Structures.
(a) The manufactured home park use includes accessory structures such as
personal storage buildings, awnings, cabanas, and porches which are
erected on the same transient stand as a manufactured home.
(b) Accessory structures located on the same transient stand as a
manufactured home are subject to the same setback regulations as the
manufactured home itself, except for required storage buildings which
may be set within 3 feet of the rear or side line of the transient stand.
Storage buildings located according to this exception must:
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
i. be separate from the manufactured home;
ii. be separate from all other accessory structures; and
iii. be located to the rear of the manufactured home.
(3) Pad Site. The pad site for the manufactured home shall be improved to provide
adequate support for the placement of the manufactured home, thereby securing
the superstructure against uplift, sliding, rotation and overturning due to frost
action, inadequate drainage, vibration or other forces acting on the structure.
(4) Transient Stand Requirements. Each transient stand within a manufactured
home park shall have the following:
(a) a separate personal storage facility,
(b) a utility riser for each utility provided or required by the units located
within the park,
(c) a hose bib capable of accommodating a standard garden hose
(5) Park Requirements. Each manufactured home park shall provide the
following:
(a) A park management and operations facility shall be located in a permanent
building.
(b) A clubhouse containing at least 2,500 square feet of floor area or, 10
square feet of floor area for each transient space in the manufactured home
park, whichever is greater. The club house shall be located in a permanent
building.
(c) A standard depth swimming pool containing at least 800 square feet of
surface area, or 3 square feet of surface area for each transient stand within
the manufactured home park, whichever is greater.
(d) A recreation vehicle and utility vehicle storage area with a minimum of
100 square feet of area for each transient stand within the manufactured
home park, screened from adjacent public right-of-way. Recreation
vehicles and utility vehicles shall not be stored on transient stands within a
manufactured home park.
(6) Signs. The following signs shall be provided in a manufactured home park.
(a) An identification sign in accordance with the sign provisions of this
ordinance, located at each entrance to the park. The sign shall include the
name of the park and its address.
(b) Each manufactured home transient stand shall be numbered uniformly
with numbers not exceeding 4 inches in height. This sign shall be located
so that it is visible from the street or drive at all times.
(7) Community Television Antenna. All manufactured homes shall have buried
television antenna service from one central television antenna, and no individual
outside television antennas will be allowed.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
(8) HUD Approved. All manufactured homes to be HUD approved. All
manufactured homes installed in manufactured home parks shall be HUD
approved and bear the required decal.
(9) Access and Traffic Circulation. All manufactured home parks shall provide
access and means of motor vehicle and pedestrian traffic circulation as follows:
(a) Access. Motor vehicle entrances and exits shall be designed for safe and
convenient traffic movement from adjacent public streets and onto internal
streets and shall be limited to one entrance.
(b) Internal streets. Internal streets shall be privately owned, built and
maintained, and shall be designed for safe and convenient access to all
spaces and to facilities for common use of park residents. All streets shall
have concrete curbs and guttering set to City standards.
i. On all internal streets, roads or driveways designed or intended to
provide access to 2 or more spaces, there shall be 27 feet of pavement
width with no on-street parking, unobstructed for vehicular access at
all times.
ii. If streets, roads or driveways are designed or intended to be used also
for vehicular parking, a parallel parking space shall require a minimum
width of 16 feet by 10 feet of street specification concrete, and no such
parking space shall occupy or encroach upon the minimum
unobstructed access areas.
iii. Dead-end streets shall be limited in length to 600 feet and shall be
provided at the closed end with a turnaround having a radius of not
less than 44 feet.
(c) Outside Entry Roads. Outside roads to the development shall be assessed
on a pro rata basis using spaces as a criteria as dictated by the Council
pertaining to development expense, if there is a usable road that complies
with City specifications. If no road exists, it becomes the sole expense of
the developer to provide one.
(d) Perimeter Streets. Requirements for perimeter streets, as outlined in the
Subdivision Ordinance, as amended, shall apply to manufactured home
parks.
(10) Utilities:
(a) All Manufactured Home Parks must be connected to the public water and
sewer system.
(b) All Manufactured Home Parks shall comply with City requirements for
water, sewer, electrical, gas, and all other utilities.
7. Multifamily Dwelling
a. Definition: Multifamily Dwellings means 3 or more dwellings located on a single lot.
b. Additional Provisions:
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
All permitted districts:
(1) All multifamily units shall provide laundry facilities consisting of 2 washers and
4 dryers for every 20 dwelling units or hook-ups in each dwelling unit.
(2) Projects of 10 or more 2-bedroom units shall provide central playground(s)
equivalent to 15 square feet for every 2 bedroom dwelling unit.
(3) For projects of 30 or more units the following shall be provided:
(a) A lighted building directory in a public area.
(b) Lidded dumpsters.
(c) On-site management.
(d) Covered mail boxes located in a central area which is lighted and has
seating available.
(e) Laundry rooms shall have secured access.
(f) Common areas shall be visible from windows.
(4) Uses that are customarily incidental to the Multifamily Dwelling use, including
employee washrooms, manager’s office, laundry rooms, swimming pools, and
game courts, are permitted provided they are located at least 50 feet from a
single family attached or single family detached zoning district.
(5) The game courts, laundry rooms, and swimming pool shall be for the exclusive
use of the residents and their guests. No exterior advertising of these uses is
permitted.
NS & CR districts:
In addition to the standards above, the following shall apply:
(1) Residential uses shall be in a mixed-use structure, or
(2) Residential uses shall be part of an approved mixed use development plan
where the residential is integrated within the development and residential and
non-residential uses are developed concurrently.
8. Single Family Dwelling, Attached
a. Definition: A dwelling unit attached to one or more other dwelling units where each
dwelling unit is located on a separate lot. Attached single family dwelling units may
include duplexes, townhouses, four-plexes, etc.
b. Additional Provisions:
NS & CR districts:
In addition to the standards above, the following shall apply:
(1) Residential uses shall be in a mixed-use structure, or
(2) Residential uses shall be part of an approved mixed use development plan
where the residential is integrated within the development and residential and
non-residential uses are developed concurrently.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
9. Single Family Dwelling, Detached
Definition: Single family dwellings means one dwelling unit located on a lot.
C. Institutional & Community Service Uses
1. Cemetery or Mausoleum
Definition: Cemeteries & mausoleum means:
(1) A cemetery is a place designated for burial of the dead.
(2) A mausoleum is a building with places for the entombment of the dead.
2. Church/House of Worship
a. Definition: Church means a facility used for people to gather together for public
worship, religious education, or other religious activities.
b. Additional Provisions:
All permitted districts:
(1) The following structures, when located on top of a church building, are
excluded from the height measurements of the church building:
(a) belfries, bell towers, campaniles, or carillons;
(b) crosses;
(c) cupolas, spires, or steeples; or
(d) similar architectural appurtenances used as religious symbols.
(2) A rectory, convent, or monastery is permitted as an accessory use. These
accessory uses may be located on a separate lot and are not subject to the area
limitations in Article 3 Residential District Regulations.
3. Civic Center
Definition: A Civic Center is a building or complex of buildings that house municipal
offices and services, and which may include, but are not limited to, cultural, recreational,
athletic, convention or entertainment facilities owned, managed, or operated, in whole or
in part by a governmental agency.
4. College or University
Definition: A college or university is an academic institution of higher learning beyond
the level of secondary school.
5. Cultural Arts Facility
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
a. Definition: Cultural arts facilities means a facility for the development, production,
and presentation of the visual and performing arts, including live theater, dance,
music, painting, sculpture, and crafts.
b. Additional Provisions:
NS & CR districts: Structure shall be no more than 10,000 square feet in area.
6. Day Care Facility
a. Definition: Day care facility means a facility that provides care, training, education,
custody, treatment, or supervision for 7 or more persons who are unable to care for
themselves and who are not related by blood, marriage, or adoption to the owner or
operator of the facility, whether or not the facility is operated for profit or charges for
the services it offers. This use does not include:
(1) A facility that is accessory to a use, such as a shopping center, business,
religious institution or other establishment, where children or adults are cared
for during short periods of time while parents or persons responsible for them
are engaging in activities related to the primary use; or
(2) A facility that operates solely for educational instruction to children in grades
kindergarten through at least grade two, that does not provide custodial care for
more than one hour during the hours before or after the customary school day.
b. Additional Provisions:
All permitted districts:
(1) No overnight accommodations shall be provided.
(2) State license required.
7. Group Home
a. Definition: A facility providing food and shelter, personal guidance, care,
rehabilitation services, or supervision for not more than 6 disabled persons, regardless
of their legal relationship to one another, and 2 supervisory personnel. A group home
is a community-based residential home operated by the Texas Department of Mental
Health and Mental Retardation Act, which provides services to disabled persons, or a
nonprofit entity certified by the Texas Department of Human Resources as a provider
under the intermediate care facilities for the mentally retardation program.
b. Additional Provisions:
(1) State license required.
(2) No group home shall be established within 750 feet of another group home.
8. Hospital or Sanitarium
Definition: Hospitals & sanitariums mean an institution where sick or injured patients are
given medical treatment.
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9. Library
Definition: Library means a nonprofit establishment for the loan or display of books.
10. Mortuary or Funeral Home
Definition: Mortuary, funeral home means a facility in which dead bodies are prepared
for burial or cremation and where funeral services may be conducted.
11. Nursing, Convalescent Home or Hospice
a. Definition: Nursing, convalescent home or hospice means an establishment, in single
or multiple facilities, which provides lodging and skilled nursing care for elderly,
disabled, chronically ill or convalescent patients. The facility may also provide minor
medical treatment under the direction and supervision of a physician.
This use does not include:
(1) A hotel or similar place that furnishes only food and lodging, or either, to its
guests;
(2) A hospital; or
(3) An assisted living apartment.
b. Additional Provisions:
MF District:
(1) The minimum parcel size required shall be 10,000 square feet.
(2) The maximum number of beds per acre shall be 50.
(3) Facility shall be located on a collector street or larger.
12. School, Public or Private, Elementary
a. Definition: Schools, public or private, elementary means an educational institution
that has a curriculum for kindergarten and/or elementary education.
b. Additional Provisions:
All permitted districts:
Pick-up and drop-off areas which will accommodate 4 school buses shall be provided
on-site.
13. School, Public or Private, Secondary
a. Definition: Schools, public or private, secondary means an educational institution
that has a curriculum for secondary education, or post secondary education.
b. Additional Provisions:
All permitted districts:
(1) Secondary schools shall be located on a collector or larger street.
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(2) Pick-up and drop-off areas which will accommodate 6 school buses shall be
provided on-site.
14. School, Business
Definition: School, business means a facility offering instruction and training in a service
or the arts such as secretarial, barbering, cosmetology, commercial arts, computer
operations, and similar training.
15. School, Technical or Trade
Definition: School, technical or trade means an establishment offering instruction and
training in technical and skilled trades or crafts such as auto repair, cooking, welding,
bricklaying, machinery operation, electronic and electrical services, plumbing, or other
similar trades or crafts.
D. Office Uses
1. Financial Institution, with drive-through
a. Definition: Bank headquarters or branch of a financial institution with drive-through
window means a facility granted a charter under the Texas Department of Banking as
a state-chartered bank, savings and loan, or credit union for the custody, loan or
exchange of money, and the extension of credit that provides drive-in window service
for customers in motor vehicles. This term excludes a check cashing or payday loan
establishment, loan or mortgage broker, stockbroker or other financial institution
without a state bank charter. An automatic teller machine is not considered a bank.
b. Additional Provisions:
The minimum stacking space for the first vehicle stop for a commercial drive-through
shall be 100-feet, and 40-feet thereafter, for any other stops.
2. Financial Institution, without drive-through
Definition: Bank headquarters or branch of a financial institution without drive-through
window means a facility granted a charter under the Texas Department of Banking as a
state-chartered bank, savings and loan, or credit union for the custody, loan or exchange
of money, and the extension of credit that does not provide drive-in window service for
customers in motor vehicles. This term excludes a check cashing or payday loan
establishment, or other financial institution without a state bank charter. An automatic
teller machine is not considered a bank.
3. Financial Institution, Alternative
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a. Definition: A non-depository, check cashing business, payday advance or loan
establishment, money transfer business holding a Money Transmission or Currency
Exchange license with the Texas Department of Banking, car title loan business or a
stand alone automatic teller machine on a single lot as a primary use.
b. Additional Provisions: In addition to requiring a Specific Use Permit, an Alternative
Financial Institution as defined in Section 5.1.D.3, shall comply with the following
regulations:
(1) Hours of operation shall be established by City Council;
(2) No outside queuing;
(3) Must have an indoor waiting area large enough to accommodate all customers;
(4) A lot containing an alternative financial institution shall be located at least 1,000
feet from any lot containing another alternative financial institution, as
measured in a straight line between the nearest point from one property line to
the other property line.
(5) No lot containing an alternative financial institution shall be located within 500
feet of the rights-of-way for any 4 lane divided or greater thoroughfare as
indicated on the most current Thoroughfare Plan.
(6) A lot containing an alternative financial institution shall be located at least 300
feet from any lot zoned or used for residential purposes, as measured in a
straight line between the nearest points of one property line to the other property
line.
4. General Office
Definition: General office means a place for the regular transaction of business.
5. Medical Clinic
a. Definition: Medical clinic means a facility for examining, consulting with, and
treating patients with medical, dental, or optical problems on an out-patient basis.
b. Additional Provisions:
NS District: If the building is over 5,000 square feet, an SUP is required.
LI and HI Districts: May only occupy up to 10 percent of the gross floor area of a
building.
E. Recreational, Entertainment & Amusement Uses
1. Commercial Amusement or Recreation, Inside
a. Low-Density
Definition: Low-Density Commercial Amusement, Inside means a facility wholly
enclosed in a building that offers entertainment or games of skill to the general public
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for a fee, where the space used by the equipment for the games or entertainment
preclude occupancy of a majority of the floor space. These types of uses include, but
are not limited to bowling alleys, miniature golf, and practice cages.
b. High-Density
Definition: High-Density Commercial Amusement, Inside means a facility wholly
enclosed in a building that offers entertainment or games of skill to the general public
for a fee, where a majority of the floor area is usable for occupancy. This use
typically include but are not limited to billiard parlors, arcades, and other coin-
operated machines.
2. Commercial Amusement or Recreation, Outside
Definition: Commercial amusement, outside means a facility offering entertainment or
games of skill to the general public for a fee where any portion of the activity takes place
outside.
3. Community Park, Recreation Center, or Golf Course, Public
Definition: Community park, recreation center, or golf course means a large scale
recreation facility or park owned or operated by a public agency and available to the
general public, typically over 10 acres in size and equipped with active recreation
facilities and equipment which draws patrons from the entire community.
4. Country Club or Golf Course, Private
Definition: Country Club or Golf Course with private membership means a private
recreational club containing a golf course and a club house that is available only to the
country club membership and their guests.
5. Golf Driving Range
Definition: Golf Driving Range is an area used for hitting golf balls. A driving range
may include an indoor management office.
6. Health Club
a. Definition: An establishment that provides facilities for aerobic exercises, running
and jogging, exercise equipment, game courts, swimming facilities, and saunas,
showers, massage rooms, and lockers.
b. Additional Provisions:
MF and MH District: Health club shall be integrated into the residential
development and shall be open to residents only.
NS District: If the building is over 5,000 square feet, an SUP is required.
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7. Neighborhood Park or Playground
a. Definition: Neighborhood park or playground means a recreation facility or park
owned or operated by a public agency and available to the general public, typically
under 10 acres in size and equipped with passive recreation facilities and limited
equipment which draws patrons from the immediate neighborhood.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking:
When parking is required, the number shall be determined during a site plan review
process that considers:
(a) The proposed mix of recreation uses and their operating characteristics;
(b) Experience with similar recreation facilities; and
(c) The following general standards when applicable:
i. 3 spaces for every game court;
ii. One space for every additional 150 square feet of floor area in
structures; and
iii. 70 spaces for every playing field or diamond used for league play.
d. Required Loading: None
e. Additional Provisions: No parking is required when the use: is less than 3 acres in
size, is completely located within a residential neighborhood, has no structural
facilities beyond playground equipment, and is not adjacent to a collector or larger
street. Otherwise parking is determined by the site plan.
8. Sexually-Oriented Business
a. Definition: An adult arcade, adult bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort agency, nude model studio,
or massage establishment.
b. Additional Provisions: This use shall meet all requirements of the Chapter 26
“Businesses” of the City of Wylie Code, Article III Massage Establishments and
Article IV Sexually Oriented Businesses.
9. Shooting Range, Indoor
Definition: Indoor shooting range means an indoor facility where individuals may
discharge firearms in a controlled setting for the purposes of testing accuracy, for
training, or for sport.
10. Theater
Definition: Theater means a facility for showing motion pictures or staging theatrical
performances or other performing arts to an audience inside an enclosed structure.
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F. Retail, Personal Service & Commercial Uses
1. Animal Clinic or Hospital
a. Definition: Animal clinic means a facility for the diagnosis, treatment, and
hospitalization of animals including, but not limited to dogs, cats, birds, and horses.
b. Additional Provisions:
All permitted districts when adjacent to a residential use:
(1) Rooms containing cages or pens are not permitted to have windows, doors, or
other penetrations on exterior walls.
(2) Areas designated for holding, boarding, or grooming of pets are limited to no
more than 10 percent of the gross floor area.
2. Automobile Rental
a. Definition: Automobile rental means a facility for the rental of vehicles including
automobiles, vans, and light trucks under 6,000 pounds gross vehicle weight.
b. Additional Provisions:
CR and L I Districts:
(1) Passenger vehicles only.
(2) No more than 20 rental vehicles shall be stored on the site at any one time.
3. Automobile Repair, Major
Definition: Garage for repair & rebuilding of personal vehicles means a facility for the
repair, maintenance, and restoration of vehicles under 6,000 pounds gross vehicle weight.
This use includes engine rebuilding and body work and painting necessary for the
restoration of motor vehicles.
4. Automobile Repair, Minor
a. Definition: Auto service center means a facility for the servicing or minor repair of
automobiles. This use may include the retail sales of lubricating oils, tires, or parts for
use in motor vehicles. Minor repairs include replacement of engine, transmission,
chassis and drive train parts, tune-up and adjustments of motor vehicle engines and
systems, and the replacement and repair of minor body parts such as windshields and
windows and body trim parts. This use does not include rebuilding of engines or the
restoration and painting of motor vehicles.
b. Additional Provisions:
NS District:
(1) All activities and operations shall be conducted entirely within an enclosed
structure.
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(2) Noise from bells or loudspeakers shall not be audible beyond the property line
at any time.
(3) Openings in service bays shall not face public rights-of-way and shall be
designed to minimize visual intrusion into adjoining properties.
5. Body Art Studio
a. Definition: An establishment whose services include tattooing and/or body piercing.
Tattooing shall mean the placing of designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substances that result in the
permanent coloration of the skin by means of the use of needles or other instruments
designed to contact or puncture the skin. Body piercing shall mean the creation of an
opening in an individual’s body, other than ear piercing, to insert jewelry or another
decoration.
b. Additional Provisions: Certifications of Occupancy for Body Art Studios must be
held by a person licensed by the State of Texas, and such facilities must meet all
environmental health requirements of the City of Wylie. Body Art Studios must be
set back 1,000 feet from any other Body Art Studio; Residential Zoning District;
Church; Public, Private or Parochial School; and Day Care.
6. Car Wash
a. Definition: Car wash means a facility for the washing or cleaning of vehicles. A car
wash may be:
(1) a single unit type which has a single bay or a group of single bays with each bay
to accommodate one vehicle only where a person uses a high pressure hose to
wash the vehicle by hand; or
(2) an automated single unit type which has a single bay to accommodate one
vehicle at a time; or
(3) a tunnel unit type which allows washing of multiple vehicles in a tandem
arrangement while moving through the structure.
b. Additional Provisions:
(1) The following off-street stacking spaces are required:
Type of Car Wash Total Number of Stacking
Spaces Required
Single unit, not
automated
2
Automated single unit 2
Tunnel unit 5
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(2) Bay openings shall not face public streets or adjoining residential properties.
(3) All washing facilities shall occur under a roofed area with at least two walls.
(4) Vacuuming and/or detailing area may be outside the building but shall not be
within 50 feet of the front property line and shall not be closer than 100 feet
from any residential district.
(5) Vacuuming and/or detailing area may be outside the building, but shall not be
within 200 feet of the rights-of-way for any 4 lane divided or greater
thoroughfare as indicated on the most current Thoroughfare Plan.
(6) The building shall not be less than 150 feet from any residential district.
(7) A permanent screening fence or wall not less than six feet in height shall be
constructed along any site property line which abuts a residential district.
During site plan review, the Commission may allow a living screen to be
combined with or in lieu of the solid screening.
7. Club or Lodge, Non-profit
Definition: Club or lodge, non-profit means a facility providing for the activities of
private service organizations and clubs that operate on a non-profit basis.
8. Contractor’s Maintenance Yard
Definition: Contractor's maintenance yard means a facility for the storage and
maintenance of contractor's supplies and operational equipment.
9. Dry Cleaning or Laundry, Drop-Off or Self Service
a. Definition: Dry cleaning, laundry store means a facility for the cleaning of garments,
principally for individuals. This use may be either:
(1) a facility where patrons do their own cleaning; or
(2) a facility where the cleaning is done by employees of the establishment.
b. Additional Provisions:
(1) The minimum stacking space for the first vehicle stop for a commercial drive-
through shall be 100-feet, and 40-feet thereafter, for any other stops.
(2) DTH: No drive through window service.
10. Cleaners, Commercial
a. Definition: A Commercial Cleaners is a facility or area for cleaning items in bulk
quantities such as clothes and linens. This definition includes cleaning for hospitals,
restaurants, hotels, diaper cleaning services and other similar accounts, as well as rug
and dry cleaning plants where on-premise retail services to individual households are
incidental to the operation of the plant.
b. Additional Provisions:
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Discharge of fumes into the atmosphere is prohibited.
11. Equipment Rental
a. Definition: Equipment Rental means a facility for renting tools and heavy equipment.
b. Additional Provisions: None.
12. Food Processing
a. Definition: A facility in which food for human consumption is provided in the final
form, such as candy, baked goods and ice cream, and the food is distributed to
retailers or wholesalers for resale on or off the premises. The term does not include
food or beverage processing which uses any mechanized assembly line production of
canned or bottled goods.
b. Additional Provisions:
CR District: Structure must be 10,000 square feet or less.
13. General Merchandise Store
Definition: General merchandise means a retail store for the sale or trade of general
merchandise. Typical general merchandise includes clothing and other apparel,
equipment for hobbies and sports, including bicycles, gifts, flowers and household plants,
dry goods, toys, furniture, antiques, books and stationary, pets, drugs, auto parts and
accessories, and similar consumer goods. The term "food store" includes a grocery,
delicatessen, and convenience and specialty foods stores. This use does not include other
uses in this article that are specifically listed.
14. Food Store
Definition: Food store means a retail store for the sale of food. This definition includes
general merchandise stores, such as convenience stores, supercenters, and pharmacies
that have 20% or more of the floor space, including aisle space, dedicated to food stuffs.
This use does not include other uses in this article that are specifically listed.
15. Home Improvement Center, Lumber, Brick, or Building Materials
Definition: Home improvement centers, lumber, brick, or building materials means a
facility for the sale of home, lawn, and garden supplies, bricks, lumber, and similar
building materials.
16. Household Equipment & Appliance Repair
Definition: Household equipment and appliance repair means a facility for the repair of
household and home equipment, including appliances, lawnmowers, power tools, and
similar items.
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17. Motor Vehicle Fueling Station
a. Definition: Motor Vehicle Fueling Station means a building or covered premises
used for the dispensing and sale of fuels or oils and accessories for the motor vehicle
trade, together with automatic car wash facilities.
b. Additional Provisions:
NS District:
(1) SUP required and the additional conditions in 2 through 5 below.
(2) All commercial activities and operations shall be conducted entirely within an
enclosed structure, except as follows:
(a) The dispensing of petroleum products, water and air from pump islands.
(b) The sale of items via vending machines which shall be located next to the
main structure.
(3) Pump islands shall be located a minimum of 45 feet from a street right-of-way
line. A canopy or roof structure over a pump island may be located no closer
than 35 feet from the street right-of-way line.
(4) One off-street stacking space is required for each pump and water/air dispenser.
(5) No used or discarded automotive parts or equipment or disabled, junked, or
wrecked vehicles shall be located in any open area outside the main structure.
(6) Noise from bells or loudspeakers shall not be audible beyond the property line
at any time.
18. Pawn Shop
a. Definition: Pawn Shop means a facility licensed with the Consumer Credit
Commissioner to loan money on the security of personal property and the sale of
unclaimed property by a pawnbroker who is authorized to legally transact business in
accordance with Chapter 371 of the Finance Code and as amended.
b. Additional Provisions: Must be licensed in accordance with the Texas Finance Code
Chapter 371, and as amended.
19. Personal Service Use
Definition: Personal service use means a facility for the sale of personal services.
Personal service uses include, but are not limited to a barber/beauty shop, shoe repair, a
tailor, an instructional arts studio, a photographic studio, a handcrafted art work studio, a
travel bureau, and duplicating shop.
20. Restaurant with Drive-in or Drive-through Service
a. Definition: Restaurant with drive-in or drive through service means
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(1) A restaurant with drive-in service is an establishment principally for the sale
and consumption of food where food service is provided to customers in motor
vehicles for consumption on the premises.
(2) A restaurant with drive-through service is an establishment principally for the
sale and consumption of food which has direct window service allowing
customers in motor vehicles to pick up food for off-premises consumption.
b. Additional Provisions:
(1) The minimum stacking space for the first vehicle stop for a commercial drive-
through shall be 100-feet, and 40-feet thereafter, for any other stops.
(2) CR District: Drive through and stacking area shall not be located adjacent to
residential uses.
(3) The “Additional Provisions” listed in paragraph 21, subpart e., below, for
“Restaurants without Drive-in or Drive-through Service” shall apply to
Restaurants with Drive-in or Drive-through Service that sell alcohol.
21. Restaurant without Drive-in or Drive-through Service
a. Definition: Restaurant without drive-in or drive through service means an
establishment principally for the sale and consumption of food on the premises.
b. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) Restaurants are only permitted to sell alcohol by right if the subject property
was located within the City limits as of May 13, 2006. For property annexed
into the City after May 13, 2006, a restaurant that sells alcohol must obtain a
permit for a Private Club from the Texas Alcoholic Beverage Commission for
the ability to sell alcohol.
(2) A restaurant that sells alcohol shall not be located closer than 300 feet to a
church and/or public hospital measured along the property lines of the street
fronts from front door to front door, and in direct lines across intersections.
(3) A restaurant that sells alcohol shall not be located closer than 300 feet to a
public or private school measured in a direct line from property line to property
line, and in direct lines across intersections.
(4) The distance between a restaurant that sells alcohol and a private school can be
increased to 1,000 feet if the City Council receives a request from the governing
body of the private school to do so.
(5) Restaurants that derive more than 75% of their revenue from the sale of alcohol
are only permitted by specific use permit and may only be located in the zoning
districts where the applicable type of restaurant is designated as “P*” on the
Land Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5.
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c. Additional Provisions for BG District: Restaurant Use must be incorporated into
the Civic Center facility and owned, managed, operated, or contracted through, in
whole or in part by a governmental agency.
22. Truck, Machinery & Heavy Equipment Sales, Service or Repair
Definition: Truck, machinery and heavy equipment sales, service or repair means a
facility for the display, sales, servicing and, or repair of trucks, machinery and heavy
equipment. This use includes farm equipment and recreational vehicles over 6,000
pounds in weight.
23. Vehicle Display, Sales or Service
Definition: Vehicle display, sales, and service means a facility for the display, service
and retail sale of new or used automobiles, boats, trucks, motorcycles, motor scooters,
recreational vehicles, aircraft, or trailers.
24. Beer & Wine Package Sales.
a. Definition: An establishment, including but not limited to General Merchandise or
Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of
beer and/or wine to the general public for off-site personal or household consumption
and rendering services incidental to the sale of such goods.
b. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) The establishment shall not be located closer than 300 feet to a church and/or
public hospital measured along the property lines of the street fronts from front
door to front door, and in direct lines across intersections.
(2) The establishment shall not be located closer than 300 feet to a public or private
school measured in a direct line from property line to property line, and in direct
lines across intersections.
(3) The distance between a Beer & Wine Package Sales Establishment and a private
school can be increased to 1,000 feet if the City Council receives a request from
the governing body of the private school to do so.
(4) Beer sales are not permitted in residential areas. Residential areas include
properties that are zoned in any Residential District category or a planned
development that allows residential component, because these zoning districts
are part of the neighborhood(s) within which they are located. Notwithstanding,
a planned development ordinance may allow for Beer & Wine Package Sales at
designated locations in the planned development that meet the requirements set
forth herein.
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(5) Beer & Wine Package Sales establishments that derive more than 75% of their
gross revenue from the sale of beer and/or wine:
(a) Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and
DTH zoning districts;
(b) Shall not be located closer than 1,500 feet from another Beer & Wine
Package Sales Establishment that derives more than 75% of its gross
revenue from the sale of beer and/or wine, measured building-to-building
(or outer wall of the lease space) in a straight line;
(c) Shall not be located closer than 800 feet from the building to the property
line of a residential zoning district, including residential portions of a
planned development zoning district; and
(d) Shall not be located closer than 1,500 feet from the property line of a City
park, or the property line of a property owned by a church, public hospital,
public or private school, public or private college/university, rehabilitation
care institution, or child or adult day care, measured in a straight line from
front door of the establishment to the nearest property line of a residential
zoning district, City park, church, public or private hospital, public or
private school, public or private college/university, rehabilitation center,
or child or adult day care.
25. Antique Shop (Inside Sales)
a. Definition: A retail establishment engaged in the selling of works of art, furniture, or
other artifacts of an earlier period, with all sales and storage occurring inside a
building. An Antique Shop is differentiated from a “Used Merchandise Store, Resale
or Consignment Shop”, in that it does not market common, contemporary used
household good, clothing or furnishes, rather it deals primarily in vintage and
nostalgia items (generally over 50 years old) and in antiques (generally over 100
years old) from past ears.
b. Additional Provisions:
(1) SUP required in NS District.
(2) Outside displays are permitted only in areas designated on the site plan filed
with the City.
(3) Outdoor display areas may not exceed five percent of the primary building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building or lease space.)
(4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
(5) All sales and storage occurs inside.
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26. Secondhand Goods
a. Definition: Secondhand Goods means a facility and/or Dealer who purchases
regulated property for the purpose of resale. Regulated property means any new or
used: Electronic equipment; business machines; photographic equipment; power
tools; musical instruments; firearms; jewelry; crafted precious metals; compact discs
and cassette tapes; or Recreational sporting goods and equipment.
b. Additional Provisions:
All permitted districts:
(1) SUP required in NS District.
(2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94
of the City Code of Ordinances and as amended.
(3) Outside displays are permitted only in areas designated on the site plan filed
with the City.
(4) Outside placement of an item overnight is prohibited.
(5) Outdoor display areas may not exceed five percent of the primary building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building or lease space.)
(6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
(7) No outdoor display may be located in any portion of a parking lot.
(8) Outside sales of merchandise are prohibited.
27. Used Merchandise/Resale Shop/Consignment or Thrift Store:
a. Definition: An establishment that generally markets common, contemporary used
household goods, clothing or furnishings on a straight “for sale” or consignment
basis. This term includes a used merchandise store that is operated by a non-profit,
charitable or religious organization.
b. Additional Provisions:
(1) SUP required in NS District
(2) Outside displays are permitted only in areas designated on the site plan filed
with the City.
(3) Outdoor display areas may not exceed five percent of the primary building
floor area. (Building area is defined as the entirely enclosed portion of the
primary building or lease space.)
(4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is
adjacent to the subject building. Such display shall not impede pedestrian use of
the sidewalk and at least a five foot passable distance shall be maintained.
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G. Utility, Transportation & Public Service Uses
1. Airport, Heliport or Landing Field
Definition: Airport, heliport, or landing field means a facility for the taking-off or
landing of fixed or rotary wing aircraft.
2. Animal Shelter
Definition: Animal Shelter means a pubic or non-profit facility for the harboring of
animals including, but not limited to dogs, cats, and other household pets.
3. Commercial Bus Station, Terminal or Service Facility
Definition: Commercial bus station and terminal means a privately owned or operated
facility for the boarding and discharge of bus passengers.
4. Commercial Radio or TV Transmitting Station
Definition: Commercial radio & TV transmitting station means a facility for the
transmission of commercial programming by radio or television within the commercial
band of the electromagnetic spectrum.
5. Electric Substation or Gas Regulator Station
Definition: Electric substation & gas regulator station means a facility for the
transforming of electricity or the reduction in gas pressure for distribution to individual
customers.
6. Helipad
Definition: Helipad means a landing area used for the taking off or landing of helicopters
for the purpose of picking up and discharging passengers or cargo. This facility is not
open to use by any helicopter without prior permission having been obtained.
7. Local Utilities
a. Definition: Local utilities means electrical power, telephone, gas, water, and sewer
drainage lines; air pollution monitoring stations and flood staging stations; and,
unmanned, in-line facilities such as water wells, or pumping stations, telephone
exchanges, switching, and transmitting equipment, including cellular telephone cell
sites that are operated by the City or by a public service utility company. This use
does not include any use otherwise listed in this Chapter.
b. Additional Provisions:
All permitted districts:
Above-ground storage tanks are not permitted under this use.
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8. Mounted Antenna
a. Definition: Mounted Antenna means an antenna that is attached to a permitted
structure.
b. Additional Provisions:
All permitted districts:
(1) Antennas mounted on buildings.
(a) Roof-mounted telecommunications antennas are allowed on buildings in
all zoning districts, provided:
(b) a non-whip antenna does not exceed the height of the building by more
than 10 feet and is screened from view from any adjacent public roadway,
and
(c) a whip antenna does not exceed the height of the building by more than 15
feet and is located no closer than 15 feet to the perimeter of the building.
(d) Prior to installation of a roof-mounted antenna, the City shall be provided
with an engineer's certification that the roof will support the proposed
antenna and associated roof-mounted equipment.
(e) Roof-mounted antennas and associated equipment may be screened with
enclosures or facades having an appearance that blends with the building
on which they are located or by locating them so that they are not visible
from an adjacent public roadway.
(2) Building-mounted telecommunications antennas of the non-whip type are
allowed on nonresidential buildings in all zoning districts provided the antenna
is mounted flush with the exterior of the building so that it projects no more
than thirty inches from the surface of the building to which it is attached; and
the antenna's appearance blends with the surrounding surface of the building.
(3) Associated equipment shall be placed either within the same building or in a
separate building which matches the existing building in character and building
materials or blends with the landscaping and other surroundings immediately
adjacent to the separate building housing the equipment. Associated equipment
for roof-mounted antennas may be located on the roof of the building if it is
screened from view from any adjacent public roadway.
(4) Other existing structures. Telecommunications antennas are allowed on existing
utility, lighting, telecommunications towers and sign structures exceeding 50
feet in height, provided that the antenna does not exceed the height of the
structure by more than 10 feet if a non-whip type or 15-feet if a whip type.
Existing structures may be rebuilt if necessary to support the load of the new
antenna if the rebuilt structure is substantially similar in appearance to the
existing structure it replaces.
(5) When an application for a building permit to locate a telecommunications
antenna on an existing building or other structure is made, color photo
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simulation showing the site of the existing structure with a photo-realistic
representation of the proposed antenna and the existing structure or any
proposed reconstruction of the structure as it would appear viewed from the
closest residential property and from adjacent roadways shall be provided. The
applicant shall also submit photographs of the same views showing the current
appearance of the site without the proposed antenna.
(6) Telecommunications antennas shall not be constructed or used without all
approvals and permits first having been secured.
9. Police or Fire Station
Definition: Police or Fire station means a facility operated by a governmental entity as a
police or fire station.
10. Post Office
Definition: Post office means a government facility for the transmission, sorting, and
local distribution of mail.
11. Radio, Television or Microwave Tower
Definition: Radio, television or microwave tower means a structure supporting antennae
that transmit or receive any portion of the electromagnetic spectrum.
12. Railroad Yard
Definition: Railroad yards mean a facility for storing and making up trains.
13. Sewage Treatment Plant
Definition: Sewage treatment plant means a facility for receiving and treating sewage
from the City sanitary sewer system.
14. Telecommunications Tower
a. Definition: Telecommunications tower means a structure more than 10 feet tall, built
primarily to support one or more telecommunications antennas.
b. Additional Provisions:
All permitted districts:
(1) A site plan is required for all telecommunications towers. Site plan review shall
include the following provisions in (2) through (16), below.
(2) Tower height, including antenna array, shall not exceed 120 feet.
(3) Telecommunications towers shall not be located closer to a residential district
than 200 feet or a 3 to 1 distance to height ratio, whichever is greater.
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(4) New telecommunications towers must be a minimum distance of 5,000 feet
from another telecommunications tower.
(5) All guys and guy anchors shall be located within the buildable area of the lot
and not within the front, rear, or side yard setbacks and no closer than 5 feet to
any property line.
(6) The base of the tower shall be enclosed by security fencing at least 8 feet high.
(7) Equipment buildings shall be similar in color and character to the main or
adjoining building or structure or blend with the landscape and other
surroundings immediately adjacent to it and be screened by a masonry wall.
(8) The tower shall be erected and operated in compliance with current Federal
Communication Commission and Federal Aviation Administration rules and
regulations and other applicable federal and state standards.
(9) A telecommunications tower shall be:
(a) Used by a minimum of 3 or more wireless communications providers; or
(b) Designed and built so as to be capable of use by 3 or more wireless
communications providers, including providers such as cellular or PCS
providers using antenna arrays of 9 to 11 antennas each within 15 vertical
feet of each other with no more than 3 degrees of twist and sway at the top
elevation. The owner of the tower and the property on which it is located
must certify to the City that the antenna is available for use by another
wireless telecommunications provider on a reasonable and
nondiscriminatory basis and at a cost not exceeding the market value for
the use of the facilities. If the property on which the tower is proposed to
be located is to be leased, the portions of the actual or proposed lease that
demonstrate compliance with the requirements of this paragraph shall be
submitted with the zoning application.
(10) All towers shall be of a tapering monopole construction, except that another
type tower shall only be allowed upon a showing that it would cause less visual
impact on surrounding property than a similar monopole structure.
(11) No lettering, symbols, images, or trademarks large enough to be legible to
occupants of vehicular traffic on any adjacent roadway shall be placed on or
affixed to any part of a telecommunications tower, antenna array or antenna,
other than as required by FCC regulations regarding tower registration or other
applicable law.
(12) Telecommunications towers shall be constructed to minimize potential safety
hazards. Telecommunications towers shall be constructed so as to meet or
exceed the most recent EIA-222 standards and prior to issuance of a building
permit the Building Official shall be provided with an engineer's certification
that the tower's design meets or exceeds those standards. Guyed towers shall be
located in such a manner that if the structure should fall along its longest
dimension, it will remain within property boundaries and avoid habitable
structures, public streets, utility lines and other telecommunications towers.
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(13) Telecommunications towers and equipment buildings shall be located to
minimize their number, height and obtrusiveness, to minimize visual impacts on
the surrounding area, and in accordance with the following policies:
(a) The height of towers and monopoles shall have the least visual impact and
be no greater than required to achieve service area requirements and
potential colocation, when visually appropriate.
(b) The selected site for a new monopole and tower provides the least visual
impact on residential areas and the public rights-of-way. Analyze the
potential impacts from other vantage points in the area to illustrate that the
selected site provides the best opportunity to minimize the visual impact
of the proposed facility.
(c) Site telecommunication facilities to minimize being visually solitary or
prominent when viewed from residential areas and the public rights-of-
way. The facility should be screened by vegetation, tree cover,
topographic features, and buildings or other structures to the maximum
extent feasible.
(d) Place telecommunication facilities to ensure that historically significant
landscapes are protected. The views of and vistas from architecturally
and/or historically significant structures should not be impaired or
diminished by the placement of telecommunication facilities.
(e) A variance may be granted to these policies for a telecommunications
tower when it is determined that such a variance better accomplishes the
polices set out in this subsection than would a strict application of the
requirement. Such variance shall be no greater than necessary to
accomplish those policies.
(14) No signals or lights or illumination shall be permitted on a monopole unless
required by the Federal Communications Commission, the Federal Aviation
Administration, or the City.
(15) If any additions, changes, or modifications are made to the monopole, the
changes shall comply with all of the above requirements for new towers and
shall demonstrate, through the submission of engineering and structural data,
that the addition, change, or modification conforms to structural wind load and
all other requirements of the current Building Code.
(16) Telecommunication towers which have not been used for a period of one year
shall be removed from a site. The last telecommunication service provider to
use a tower shall notify the Director within 30 days that use of a tower has been
discontinued.
15. Telephone Exchange without Shops or Offices
Definition: Telephone exchange without shops or offices means a facility for the
switching and routing of telephone transmissions.
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Zoning Ordinance
16. Transit Passenger Shelter
Definition: Transit passenger shelter means a structure which affords protection from the
weather to persons who are waiting to board a publicly owned or franchised transit
vehicle.
17. Utility or Government Installation other than listed
Definition: Utility or government installation other than listed means
(1) A "utility other than listed" is a public or private facility franchised or operated
by a Governmental unit as a utility, and which is not specifically covered by the
use regulations in this chapter.
(2) A "government installation other than listed" is an installation owned or leased
by a government or quasi-public agency and which is not specifically covered
by the use regulations in this chapter.
18. Water Treatment Plant, Reservoir or Water Storage
Definition: Water treatment plant, reservoir and water storage tanks means a facility
which is part of a water system, and is used for the purifying, supplying, and distributing
of drinking water, or the storage of treated or untreated water.
H. Industrial & Manufacturing Uses
1. Asphalt or Concrete Batch Plant
Definition: Asphalt or Concrete Batch Plant means a permanent facility or area for the
mixing of concrete or asphalt.
2. Industrial, Inside
a. Definition: Industrial, inside means an industrial facility where all processing,
fabricating, assembly, or disassembly takes place wholly within an enclosed building.
b. Additional Provisions:
All permitted districts: Hazardous or high risk uses require a Special Use Permit.
3. Industrial, Outside
a. Definition: Industrial, outside means an industrial facility where any portion of the
processing, fabricating, assembly, or disassembly takes place outside or in an open
structure. For purposes of this provision, open structure means any structure or
building which has omitted walls.
b. Additional Provisions:
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All permitted districts: Hazardous or high risk uses require a Special Use Permit.
4. Light Assembly & Fabrication
Definition: Light Assembly and Fabrication means a use engaged in the manufacture,
predominantly from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, packaging, incidental storage, sales and
distribution of products, but excluding basic industrial processing.
5. Mining
a. Definition: Mining means the extraction, removal, or stockpiling of earth materials,
including soil, sand, gravel, or other materials found in the earth. The excavation of
earth materials for ponds or lakes, including excavations for fish farming ponds and
recreational lakes are considered mining unless otherwise expressly authorized by
another provision of this ordinance. The following are not considered mining:
Excavation, removal, or stockpiling of earth materials incidental to construction
approved by a final plat, building permit, or for governmental or utility construction
projects.
b. Additional Provisions:
(1) A master plan and site plan, operation plans, and a restoration plan shall be
provided with the Special Use Permit application.
(2) A Special Use Permit shall not be granted unless required state review and
approval has been obtained.
6. Printing & Publishing
a. Definition: Printing and Publishing means a facility for the commercial reproduction,
cutting, printing, or binding of written materials, drawings, or other graphic materials
on a bulk basis using lithography, off-set printing, blueprinting, or similar methods.
b. Additional Provisions:
SBO/DTH: Size limited to 4,000 square feet of floor area.
7. Salvage or Reclamation of Products, Inside
Definition: Salvage or reclamation of products, inside, means a facility which stores,
keeps, dismantles, or salvages scrap or discarded materials or equipment inside an
enclosed building. Scrap or discarded materials include but are not limited to metal,
paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle parts,
machinery, and appliances.
8. Salvage or Reclamation of Products, Outside
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a. Definition: Salvage or reclamation of products, outside means a facility which stores,
keeps, dismantles, or salvages scrap or discarded materials or equipment outside of
any structures. Scrap or discarded materials include but are not limited to metal,
paper, rags, tires, bottles, or inoperable or wrecked motor vehicles, motor vehicle
parts, machinery, and appliances.
b. Additional Provisions:
(1) All outside storage, salvage and/or junk shall be screened from view of public
streets by a 10-foot high solid screening device that complies with the following
requirements:
(a) The screening device shall be setback a minimum of 20 feet from all
streets;
(b) All screening devices shall form an opaque, solid barrier, without gaps or
openings, except as provided in (d) below;
(c) All screening devices shall be constructed of masonry or concrete as
specified in Section 7.1.I;
(d) Only openings in screening devices which are necessary for reasonable
access to the salvage yard shall be permitted, but shall be equipped with a
solid gate or door constructed and maintained in accordance with the
requirements for screening devices set forth in this section. All openings
so permitted shall be closed and securely locked at all times, except for
needed access and for fire and emergency vehicles;
(e) All screening devices shall extend downward to ground level, and shall
also test plumb and square at all times;
(f) Any painting, staining, coating, covering or other coloring of any
screening devices shall be of a uniform color;
(g) The screening device shall not be used for bill postings or for other
advertising purposes, except a space not larger than 50 square feet which
may be used for the advertisement of the business of the owner.
(h) All screening devices shall be maintained, repaired and/or replaced to
ensure compliance with the requirements in this section at all times; and
(i) No junk or salvage of any character, or parts, or machinery of any kind
shall be allowed to remain outside.
(2) Screening shall not be permitted in the floodway. If the location of the required
screening is in the floodway or floodplain, screening should be placed
elsewhere on the property to achieve the desired screening.
I. Wholesale, Distribution & Storage Uses
1. Auto Auction
Definition: Auto auction means a facility for the auction of automobiles, vans, and light
trucks used as personal vehicles.
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Zoning Ordinance
2. Contractor’s Maintenance Yard
a. Definition: Contractor's maintenance yard means a facility for the storage and
maintenance of contractor's supplies and operational equipment.
b. Additional Provisions:
CC District: All outside storage areas shall be entirely screened from view of streets
and adjacent residential property with a masonry wall.
3. Freight Terminal
Definition: Freight terminal means a facility for the transfer and storage of freight.
4. Landfill
Definition: Landfill means an area where a type of operation in which refuse and earth or
other suitable cover material are deposited in alternate layers of specified depth in
accordance with a definite plan on a specified portion of open land, with each layer being
compacted by force applied by mechanical equipment.
5. Livestock Auction Pens or Sheds
a. Definition: Livestock auction pens or sheds means a facility for the auction of
livestock.
b. Additional Provisions: If 20,000 square feet or more of gross floor area, one space is
required for each 3,000 square feet of gross floor area.
6. Mini-warehouse, Self-storage
Definition: Mini-warehouse, self storage means a building or group of buildings
containing one or more individual compartmentalized storage units for the inside storage
of customers' goods or wares, where no unit exceeds 500 square feet in floor area.
7. Office Showroom/Warehouse
a. Definition: Office showroom/warehouse means a facility that has the combined uses
of office and showroom or warehouse for the primary purpose of wholesale trade,
display, and distribution of products.
b. Additional Provisions
HI District: Retail uses limited to 10 percent of the gross floor area.
8. Outside Storage
Definition: Outside storage means a lot used for the outside storage of an item for a
period in excess of 24 hours.
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9. Recycling Collection Center
Definition: Recycling collection center means a facility for the collection and temporary
storage of empty beverage containers, aluminum, glass, paper, plastics, and clothing for
recycling purposes.
10. Warehouse/Distribution Center
Definition: Warehouse means a facility primarily for the inside storage of items and is
25,000 square feet or smaller. Distribution Center means a warehouse facility which is
primarily for distribution by rail or truck, and which is 25,000 square feet or larger.
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:
(1) Accessory agricultural buildings used for raising animals shall only be
permitted on sites of 5 acres or more.
(2) 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.
(3) 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:
Accessory agricultural buildings used for raising animals shall only be permitted on
sites of 5 acres or more.
2. Accessory Community Center, Private
a. Definition: Accessory community center, private means an integral part of a
residential project that is under the management and unified control of the operators
of the project or development, and that is used by the residents of the project or
development for a place of meeting, recreation, or social activity.
b. Additional Provisions:
All permitted districts:
(1) A private community center shall not be operated as a place of public meeting
or as a business.
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Zoning Ordinance
(2) This accessory use is not required to be located on the same lot as the main use.
3. Accessory Game Court, Private
a. Definition: Accessory game court, private means a game court for engaging in tennis,
handball, racquetball, or similar physical activities for the use of residents and their
guests of a residential main use.
b. Additional Provisions:
All permitted districts:
(1) This accessory use may occupy up to 50 percent of the area of the lot containing
the main use.
(2) This accessory use is not required to be located on the same lot as the main use.
(3) This accessory use may be required to provide parking if the adjacent properties
would be adversely affected by on-street parking
4. Accessory Outside Display of Merchandise
a. Definition: Accessory outside display of merchandise means the outside placement
of merchandise for sale for a continuous period less than 48 hours.
b. Additional Provisions:
All permitted districts: Outside display shall meet the following standards:
(1) Outside displays are permitted only in areas designated on the site plan filed
with the City.
(2) Outdoor display areas may not exceed five percent of the adjacent building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building.)
(3) Outdoor display may occupy up to thirty percent of a covered sidewalk that is
located within twenty feet of the building. Such display shall not impede
pedestrian use of the sidewalk and at least a five foot passable distance shall be
maintained.
(4) Any outside display areas not located on a covered sidewalk must be screened
from view of adjacent roadways, public areas and adjacent properties. Such
screening must:
(a) Be a minimum of eight feet high or one foot taller than the materials being
displayed, whichever is greater.
(b) Include a minimum of twenty percent solid screening matching the
material of the primary building.
(c) The remainder may be solid evergreen planting, wrought iron, or dark
vinyl-coated chain link or similar materials.
(5) Any outside display areas not located on a covered sidewalk must be located
immediately adjacent to or connected to the primary structure.
(6) No outdoor display may be located in any portion of a parking lot.
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5. Accessory Outside Sales
a. Definition: Accessory outside sales means a site for the outside sale of merchandise.
b. Additional Provisions: Accessory outside sales shall meet the following standards:
(1) Accessory outside sales are permitted only in areas designated on the site plan
filed with the City.
(2) Outdoor sales areas may not exceed five percent of the adjacent building floor
area. (Building area is defined as the entirely enclosed portion of the primary
building.)
(3) Outdoor sales may occupy up to thirty percent of a covered sidewalk that is
located within twenty feet of the building. Such display shall not impede
pedestrian use of the sidewalk and at least a five foot passable distance shall be
maintained.
(4) Any outside sales areas not located on a covered sidewalk must be screened
from view of adjacent roadways, public areas and adjacent properties. Such
screening must:
(a) Be a minimum of eight feet high or one foot taller than the materials being
displayed, which ever is greater.
(b) Include a minimum of twenty percent solid screening matching the
material of the primary building.
(c) The remainder may be solid evergreen planting, wrought iron, or dark
vinyl-coated chain link or similar materials.
(5) Any outside sales areas not located on a covered sidewalk must be located
immediately adjacent to or connected to the primary structure.
(6) No outdoor sales may be located in any portion of a parking lot.
6. Accessory Outside Storage
a. Definition: Accessory outside storage means the outside placement of an item for a
continuous period in excess of 48 hours.
b. Additional Provisions:
All permitted districts:
(1) Outside storage shall not be permitted within required setbacks or buffer yards.
(2) Accessory outside storage is not permitted on an unenclosed front porch of a
residential building.
(3) Except as otherwise provided in this ordinance, outside storage shall be limited
to no more than five percent of the lot area containing the main use.
(4) Outside storage areas not screened by an intervening building shall be screened
from view from any public street by a screening device at least eight feet in
height. In addition, outside storage areas shall be screened from view of any
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adjoining property by a screening device at least eight feet in height, except
along adjacent property lines in the same zoning district.
7. Amateur Communication Tower
a. Definition: Amateur communications tower means a tower with an antenna that
transmits amateur radio, citizens band, or both spectrums, and that receives any
portion of a radio spectrum.
b. Additional Provisions:
All permitted districts:
(1) Only one amateur communication tower per site permitted. No more than 2
antennae may be mounted on an amateur communications tower. The antennae
volume may not exceed 900 cubic feet for a single antenna and 1,400 cubic feet
for 2 antennae. In this provision, antenna volume is the space within an
imaginary rectangular prism that contains all extremities of the antenna.
(2) No portion of the amateur communications tower or its antennae may encroach
into the required front, side or rear yard, except the area under a guy wire and
anchor point may project a maximum of 3 feet into the required side or rear yard
if the guy wire and anchor point is attached to the top of a structural support that
is not less than 6 feet in height. In this provision, a structural support for an
anchor point is any pole, post, strut, or other fixture or framework necessary to
hold and secure an anchor point.
(3) The tower may not exceed 75 feet in height.
(4) The tower shall be set back an additional 12 inches from the required front, side
and rear yards for each additional 12 inches of height above the maximum
height permitted in the district.
8. Caretakers Quarters, Domestic or Security Unit
Definition: Caretakers Quarters, Domestic or Security Unit means an independent, self-
contained dwelling unit located on the same lot as the principal use or structure and
which provides residential accommodations for a property manager or security personnel.
9. Home Occupation
a. Definition: Home occupation means an occupation that is incidental to the primary
use of the premises as a residence and conducted on the residential premises by a
resident of the premises.
b. Additional Provisions:
All permitted districts:
(1) On-premise advertisements, signs or displays are prohibited.
(2) The appearance of the structure shall not be altered, nor shall the occupation
within the dwellings be conducted in a manner which would cause the premises
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to differ from its residential character either by the use of colors, materials,
construction, lighting, or by signs, or the emission of sounds, noises, dust,
odors, fumes, smoke, or vibrations.
(3) There shall be no more than two (2) employees who do not reside on the
premises.
(4) Pedestrian and vehicular traffic will be limited to that normally associated with
residential districts.
(5) There shall be no outdoor storage of materials or equipment. There shall be no
visible merchandise be visible from outside the dwelling.
(6) The use of utilities and community facilities shall be limited to that normally
associated with the use of the property for residential purposes.
(7) There shall be no use or storage of mechanical equipment not recognized as
being part of normal household or hobby use.
(8) A property owner may seek a variance to this ordinance in accordance with
Article 8, Section 8.4 to the Zoning Board of Adjustment.
(9) As defined by the Human Resource Code, Chapter 42 an “In-home Day Care”
or a “Family home” that is certified, listed or registered with the State of Texas
is exempt from this Ordinance, and governed by the rules and regulations of the
State of Texas.
10. Private Stable
a. Definition: Private stable means an area for the keeping of horses for the private use
of the property owner.
b. Additional Provisions:
All permitted districts:
(1) A private stable shall only be on a lot at least 2 acres in area.
(2) One horse is permitted for every acre of land.
(3) Private stables shall include a pen or corral containing at least 800 square feet
for each animal with a stable under a roof containing at least 100 square feet for
each animal.
(4) A private stable shall have property drainage and other facilities so as not to
create offensive odors, insect or rodent breeding, or other nuisances.
(5) A pen, corral, fences, or similar enclosures shall have a minimum front setback
of 50 feet and a minimum side and rear setback of 30 feet from the property
line. In addition, they may not be located any closer than 100 feet to the
dwelling on premises.
11. Swimming Pool, Private
a. Definition: Swimming pool, private, means a swimming pool constructed for the
exclusive use of residents of a residential use.
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Zoning Ordinance
b. Additional Provisions:
All permitted districts:
(1) Private swimming pools may not be operated as a business, except private
swimming lessons may be given as a home occupation use.
(2) Private swimming pools shall be surrounded by a fence constructed so as to
prevent access by unauthorized people.
(3) Private swimming pools shall not be located in the required front yard.
K. Temporary Uses
1. Christmas Tree Sales
a. Definition: A Christmas tree sale means a temporary facility for the sale of Christmas
trees and related seasonal decorations.
b. Additional Provisions:
(1) A temporary permit may be issued for a period of 60 days for this use. The
Building Official may grant one 30 day extension of the temporary use permit if
the use has fully complied with all applicable City ordinances and conditions of
the temporary use permit.
(2) Upon completion of the temporary use, the site shall be cleaned, all evidence of
its use removed.
(3) Off-street parking requirements for this use may be satisfied by using existing
parking spaces for other uses located within 500 feet of the Christmas tree lot,
or by providing temporary parking spaces that do not strictly comply with the
City’s off-street parking construction requirements. The operator of this use
shall demonstrate to the satisfaction of the Building Official that temporary off-
street parking space:
(a) Adequately accommodate the parking needs of the use; and
(b) Will not adversely affect surrounding uses.
2. Occasional Sale or Garage Sale
a. Definition: Occasional sale or garage sale means the temporary and occasional sale
of tangible personal property at retail by a person who is not in the business of selling
tangible personal property for retail purposes.
b. Additional Provisions:
All permitted districts:
(1) The sale of tangible personal property may only be sold by the owner or lessee
of the premises where the sale is conducted.
(2) The owner or lessee shall be responsible for the tangible personal property at the
time of the sale.
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Zoning Ordinance
(3) A person shall not sell merchandise acquired solely for the purpose of resale at
an occasional sale.
(4) A person shall not conduct an occasional sale for duration of more than 3
consecutive calendar days.
(5) A person shall not conduct more than 4 occasional sales on a premise during
any 12 month period.
(6) A person shall not place more than one sign, not to exceed 2 square feet, upon
the lot where the sale is taking place. Any other signs remote from the property
on which the sale is taking place shall be located in compliance with the Sign
Ordinance, as amended.
3. Seasonal Sales Stand
a. Definition: Seasonal sales stand means a facility for the sale of agricultural products
that are seasonal in nature.
b. Additional Provisions:
(1) No product may be placed for sale or display and no structures used for a
temporary seasonal sales stand closer than 50 feet to the public right-of-way.
(2) No temporary seasonal sales stand may have more than 3,500 square feet of
floor area.
(3) Upon completion of the temporary use, the site shall be cleaned, all evidence of
its use removed.
(4) Off-street parking requirements for this use may be satisfied by using existing
parking spaces for other uses located within 500 feet of the Seasonal Sales
Stand, or by providing temporary parking spaces that do not strictly comply
with the City’s off-street parking construction requirements. The operator of this
use shall demonstrate to the satisfaction of the Building Official that temporary
off-street parking space:
(a) Adequately accommodate the parking needs of the use; and
(b) Will not adversely affect surrounding uses.
4. Temporary Concrete or Asphalt Batch Plant
a. Definition: Temporary concrete or Asphalt Batch Plant means a temporary facility or
area for the mixing of concrete or asphalt.
b. Additional Provisions:
All permitted districts:
(1) Concrete and asphalt mixed on site shall only be furnished to the specific
project for which the temporary use permit was issued.
(2) The Commission shall review requests for renewal of the permit if the specific
project requires an extension of time.
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Zoning Ordinance
(3) The temporary batch plant shall be located and operated in such a manner to
eliminate unnecessary dust, noise and odor.
(4) On-site fencing, screening, or buffering shall be provided so that adjacent
properties are protected from hazards and negative impacts.
(5) Any public improvement that is damaged during the operation of the temporary
batch plant shall be repaired or replaced.
(6) All equipment, materials, and debris shall be cleared off the site and the site
shall be completely cleaned upon completion of the project.
(7) Parking for this use may be satisfied by providing temporary off-street parking
spaces that do not strictly comply with the City’s off-street parking construction
requirements. The operator of this use shall demonstrate to the satisfaction of
the Building Official that temporary off-street parking space:
(a) Adequately accommodate the parking needs of the use; and
(b) Will not adversely affect surrounding uses.
5. Temporary Construction Yard, or Construction or Sales Office
a. Definition: Temporary construction yard, or construction or sales office means an
area for the temporary storage of building materials and equipment necessary for the
construction of a permanent use, and/or, a facility temporarily used as a construction
or sales office.
b. Additional Provisions:
All required districts:
(1) Limited to on-premise construction purposes associated with the properties
within the same platted subdivision.
(2) This use shall be discontinued after subdivision construction is 90 percent
complete.
(3) Parking for this use may be satisfied by providing temporary off-street parking
spaces that do not strictly comply with the City’s off-street parking construction
requirements. The operator of this use shall demonstrate to the satisfaction of
the Building Official that temporary off-street parking space:
(a) Adequately accommodate the parking needs of the use; and
(b) Will not adversely affect surrounding uses.
6. Temporary Crops
a. Definition: Temporary crops mean an area used for the growing crops on a
temporary basis while land is waiting for future development.
b. Additional Provisions:
All permitted districts:
(1) This use shall not be operated on an area less than 2 acres.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
(2) Structures may be erected for barn, or shed for the protection of machinery on
the premises.
(3) A temporary use permit for crops is valid for a period of 3 years. The
Commission may grant up to 2, one-year extensions, if conditions at the time of
initial approval have not changed.
(4) Upon completion of the temporary use, the site shall be cleaned, all evidence of
its use removed.
7. Temporary Grazing
a. Definition: Temporary grazing means an area used for the grazing of animals on a
temporary basis while land is waiting for future development.
b. Additional Provisions:
All permitted districts:
(1) This use shall not be operated on an area less than 5 acres.
(2) An application for a temporary use permit shall specify the number and type of
animal that will be grazing. No temporary use permit shall be granted where the
number and type of animals to be grazed is likely to result in overgrazing and/or
significant environmental degradation of the site.
(3) Structures may be erected for a stable, pen, barn, or shed for the protection of
the animals on the premises.
(4) Standings under roofed stables shall be made of a material that provides for
proper drainage so as not to create offensive odors, insect or rodent breeding, or
other nuisances.
(5) A temporary use permit for grazing is valid for a period of 3 years. The
Commission may grant up to 2, one-year extensions, if conditions at the time of
initial approval have not changed.
(6) Upon completion of the temporary use, the site shall be cleaned, all evidence of
its use removed.
8. Temporary Living Quarters
a. Definition: Temporary living quarters means temporary facilities in the form of a
manufactured home, used as living quarters during the construction of a residence
upon a property not less than 1/2 acre in area.
b. Additional Provisions:
All permitted districts: A temporary use permit shall be valid for a 6 month period.
An additional 6 months may be granted by the Building Official, provided the
exterior walls and roof of the residence are completed.
9. Traveling Show, Carnival or Circus
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
Definition: Traveling show, carnival or circus means a temporary traveling show or
exhibition that has no permanent structure or installation.
SECTION 5.3 ACCESSORY USES AND STRUCTURES
An accessory use or structure that is customarily incidental to the principal use or structure, and
is located on the same lot or tract of land, shall be permitted as an accessory use without being
separately listed as a permitted use, unless otherwise stated in these regulations. Accessory uses
are subject to the same regulations as the principal use. Accessory buildings shall comply with
the area requirements in Article 3 – Residential District Regulations.
SECTION 5.4 SPECIAL USE PERMITS
A. Purpose
The Special Use Permit provides a means for developing certain uses in a manner in which
the proposed use will be compatible with adjacent property and consistent with the character
of the neighborhood. Special use permits are required where site specific impacts may exist
that require additional review to ensure compatibility between uses.
B. Special Use Permit Required
The Use Regulations in Section 5.1 Land Use Charts state when a Special Use Permit is
required for a use to be permitted in a zoning district. The Special Use Permit requirement
for a use in a district does not constitute an authorization or an assurance that the use will be
permitted. Each Special Use Permit shall be evaluated as to its probable effect on the
adjacent property and the community welfare and may be approved or denied as the findings
indicate appropriate.
C. Application
An application for a Special Use Permit shall be submitted to the Planning Department and
shall include the following:
1. A written description of the proposed use.
2. A plan showing the location of the proposed use on the site.
3. Any additional information required by the Director.
D. Review by the Commission and the Council
The Commission shall hold a public hearing and make a recommendation to the Council. The
Council shall hold a public hearing and approve, approve with conditions, or deny the Special
Use Permit based on the review criteria in “E”, below.
E. Review Criteria
In granting a Special Use Permit, the Commission and the Council shall determine that the
proposed use:
1. Complements or is compatible with the surrounding uses and community facilities;
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
2. Contributes to, enhances, or promotes the welfare of the area of request and adjacent
properties;
3. Is not detrimental to the public health, safety, or general welfare;
4. Conforms in all other respects to all applicable zoning regulations and standards; and
5. Is in conformance with the Comprehensive Plan.
F. Additional Conditions
The Commission and Council may impose reasonable conditions upon the granting of a
Special Use Permit consistent with the Comprehensive Plan, other state development goals
and objectives of the City, and the requirements of other City regulations. Such conditions
may include, but are not limited to the location, arrangement, operation, duration, and type
and manner of construction of any use for which a Special Use Permit is requested.
G. Effect of Special Use Permit.
1. The granting of a Special Use Permit has no effect on the uses permitted by right and
does not waive the regulations of the underlying zoning district.
2. A Special Use Permit runs with the land, a new owner is not required to reapply for a
Special Use Permit unless a time limit that has been established runs out.
H. Zoning Map
When the Council authorizes granting of a Special Use Permit, the zoning map shall be
amended according to its legend to indicate that the affected area has conditional and limited
uses. The amendment is to indicate the appropriate zoning district for the approved use and
shall be suffixed by an “S” designation.
SECTION 5.5 TEMPORARY USES
A. Purpose
Temporary uses operating for less than 90 days within a one-year time period shall obtain a
Temporary Use Permit from the Building Official. Temporary Use Permits outline conditions
of operations to protect the public health, safety, and welfare.
B. Temporary Use Defined
Temporary uses shall include short-term or seasonal uses that would not be appropriate on a
permanent basis. Temporary uses are identified in Section 5.1 Land Use Charts and 5.2 Listed
Uses. In addition, the following uses and activities shall be considered temporary uses:
1. Fundraising Activities by Not-for-Profit Agencies. Fundraising or noncommercial events
for nonprofit educational, community service or religious organizations where the public
is invited to participate in the activities and which last longer than 48 hours.
2. Special and Seasonal Sales Events. Significant commercial activities lasting not longer
than 90 days intended to sell, lease, rent or promote specific merchandise, services or
product lines, including but not limited to warehouse sales, tent sales, trade shows, flea
markets, farmer’s markets, Christmas tree lot sales, product demonstrations or parking lot
sales of food, art work or other goods.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
3. Entertainment or Amusement Events. Short-term cultural and entertainment events
including public or private events lasting not longer than 90 days intended primarily for
entertainment or amusement, such as concerts, plays or other theatrical productions,
circuses, fairs, carnivals or festivals.
C. Application
An application for a Temporary Use Permit shall be submitted to the Building Official at least
10 working days before the requested start date for a temporary use and shall include the
following:
1. A written description of the proposed use or event, the duration of the use or event, the
hours of operation, anticipated attendance, and any building or structures, signs or
attention-attracting devices used in conjunction with the event
2. A written description of how the temporary use complies with the review criteria in E,
below.
3. A plan showing the location of proposed structures, including onsite restrooms and trash
receptacles, parking areas, activities, signs and attention attracting devices in relation to
existing buildings, parking areas, streets and property lines.
4. A letter from the property owner agreeing to the temporary use.
5. Any additional information required by the Director.
D. Review and Action by the Director
The Building Official shall make a determination whether to approve, approve with
conditions, or deny the permit within 5 working days after the date of application. Any
applicant denied a permit by the Building Official shall be notified in writing of the reasons
for the denial and of the opportunity to appeal to the Commission.
E. Review Criteria
Temporary uses shall comply with the following requirements:
1. Land Use Compatibility. The temporary use must be compatible with the purpose and
intent of this ordinance. The temporary use shall not impair the normal, safe and effective
operation of a permanent use on the same site. The temporary use shall not endanger or
be detrimental to the public health, safety or welfare, or injurious to property or
improvements in the immediate vicinity of the temporary use, given the type of activity,
its location on the site, and its relationship to parking and access points.
2. Compliance with Other Regulations. The temporary use shall conform in all respects to
all other applicable City regulations and standards.
3. Restoration of Site. Upon cessation of the event or use, the site shall be returned to its
previous condition, including the removal of all trash, debris, signage, attention attracting
devices or other evidence of the special event or use. The applicant shall be responsible
for ensuring the restoration of the site.
4. Hours of Operation and Duration. The hours of operation and duration of the temporary
use shall be consistent with the intent of the event or use and compatible with the
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
surrounding land uses and shall be established by the Building Official at the time of
approval of the temporary use permit.
5. Traffic Circulation. The temporary use shall not cause undue traffic congestion given
anticipated attendance and the capacity of adjacent streets, intersections and traffic
controls.
6. Off-street Parking. Adequate off-street parking shall be provided for the temporary use,
and it shall not create a parking shortage for any of the other existing uses on the site(s).
7. Public Conveniences and Litter Control. Adequate onsite rest room facilities and litter
control may be required. The applicant shall provide a written guarantee that all litter
generated by the event or use shall be removed at no expense to the City.
8. Appearance and Nuisances. The temporary use shall be compatible in intensity,
appearance and operation with surrounding land uses in the area, and it shall not impair
the usefulness, enjoyment or value of adjacent property due to the generation of excessive
noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual
pollution.
9. Signs. The Building Official shall review all signage, although a sign permit is not
required. The Building Official may approve the temporary use of attention attracting
devices.
F. Additional Conditions
The Building Official may establish additional conditions to ensure land use compatibility
and to minimize potential adverse impacts on nearby uses, including, but not limited to, time
and frequency of operation, temporary arrangements for parking and traffic circulation,
requirements for screening or buffering, and guarantees for site restoration and cleanup
following the temporary use.
G. Appeals
A denial of a temporary use permit may be appealed to the Commission within 10 days of the
Building Official’s action. The appeal shall be made in writing to the Building Official.
SECTION 5.6 CLASSIFICATION OF NEW AND UNLISTED USES
A. Unlisted Uses
The uses permitted in this Chapter are classified on the basis of common operational
characteristics and land use compatibility. Uses not specifically listed in this Chapter are
prohibited. However, additional new and unlisted uses may be permitted by the Director if
the use is similar to other uses listed in the same zoning district.
B. Appeals
An applicant, aggrieved by the decision of the Director, may file an appeal of the decision to
the Board. The appeal shall be filed in writing in the Department of Planning within 10 days
of the Director’s action. Unless otherwise stated in the Board action, the determination of the
Board with respect to the appeal shall constitute a permanent and consistent interpretative
decision which the Director shall apply in all future instances.
ARTICLE 5: USE REGULATIONS
Zoning Ordinance
C. Conditions
When considering requests for a new land use, the Director and Board shall consider the
potential effects of the use on adjacent properties in terms of requirements for services, visual
impact, traffic generation, the extent to which the use is consistent with other uses allowed in
the district, and other issues they deem appropriate.
D. Authorization of New Uses
If a new use is authorized by the Board, a text amendment shall be sent immediately to the
Commission and the Council.
ARTICLE 5: USE REGULATIONS
ZONING ORDINANCE
ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS
SECTION 6.1 PLANNED DEVELOPMENT DISTRICT (PD)
A. Purpose
There exists in the City, tracts where the zoning regulations contained in the districts in
Article 3 Residential District Standards and Article 4 Nonresidential District Standards may
not provide for the development of innovative projects desired by property owners and
envisioned by the City’s Comprehensive Plan. To allow for innovative development projects
in a way that can assist in the implementation of the Comprehensive Plan and other
development goals and objectives, a Planned Development (PD) District is provided as a
special district that may be used in these instances to provide a general benefit to the City as
a whole.
B. General Provisions
1. Separate Ordinance. Each Planned Development District shall be established by a
separate ordinance. An approved conceptual plan for the entire property shall be part of
the ordinance establishing a PD District.
2. Minimum Area Requirement
a. Non-residential Uses. No minimum area required.
b. Residential Uses. Residential PD Districts shall be a minimum of 5 acres. However,
the Commission may waive this minimum area requirement when necessary to
promote innovative development, meet the goals of the Comprehensive Plan, or
address parcels with topographic or other site-related constraints.
3. Development Plan Required. Within established PD Districts, development plans shall
be required. Development plans may be developed for individual properties, tracts, or
subareas within the PD district. In reviewing and approving development plans, the
Commission shall use the approved conceptual plan, zoning regulations and performance
criteria and standards contained in the PD district ordinance adopted by the Council. No
development plan may be approved that is not consistent with the approved conceptual
plan and PD ordinance for the property.
4. Permitted Uses. A PD District may contain any use or combination of uses listed in
Article 5. The uses permitted in a PD shall be listed in the ordinance establishing the
district. If a use is desired that is not currently a listed use in Article 5, a new use may be
classified, within the PD ordinance, by following the procedures in Section 5.6 New and
Unlisted Uses.
5. Development Standards. The development plan and ordinance establishing a PD shall
specify such regulations as deemed necessary to achieve the goals and objectives of the
PD, including but not limited to regulations governing heights of buildings and structures,
lot size, floor area requirements, density, coverage, and setbacks.
6. Standards Not Specified. The remaining regulations in this ordinance control unless
they are expressly altered by the PD ordinance in accordance with this section.
7. Additional Regulations. The PD ordinance may contain any additional regulations,
special exceptions, or procedures considered necessary to achieve the innovative aspects
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
of the project, or to minimize potential adverse impacts that could result from the creation
of the district.
C. Initiation of a PD
1. A PD district shall be initiated by application of all property owners within the area of
request. The applicant shall comply with the zoning amendment procedures for a change
in zoning district classification, except as expressly amended in this section.
2. A pre-application conference is required prior to the formal submittal of an application
for a PD district. The applicant shall request a pre-application conference with the
Director.
3. At the pre-application conference, the applicant shall provide a concept plan that
includes, but is not limited to, the following information: proposed land uses, density,
approximate gross square footage of nonresidential uses, number of dwelling units by
type, access, projected height, topography, significant environmental features, and a
statement of the innovative aspects of the proposed development that requires the
creation of the PD District.
4. Based on the information provided by the applicant, the Director shall:
a. Provide initial comments concerning the merits of the proposed development;
b. State what information shall be provided in the development plan for a complete
review of the proposed development; and
c. Provide any other information necessary to aid the applicant in the preparation of the
complete PD application.
5. Application for a PD shall be made to the Director on a form furnished by the City. A
complete application shall contain all of the following:
a. The application fee.
b. The name, address, telephone number, and signature of the applicant. If the applicant
is not the owner of the lot, the applicant shall submit a letter from the owner
authorizing the applicant to act on the owner's behalf.
c. The name, address, telephone number of the owner of the property. If there is more
than one owner, the names and addresses of all owners shall be provided.
d. The name, address, telephone number of the land planner or engineer responsible for
the preparation of the concept plan, if any.
e. The street address, if any, and complete legal description of the property.
f. A conceptual plan including any proposed phasing.
g. An 8.5 x 11 inch black and white illustration of the concept plan suitable for
photography showing sufficient detail, but general enough to be legible.
6. The conceptual plan submitted under this section shall:
a. Include 6 folded blue or black line copies for the initial submission and 15 copies for
the Commission and Council.
b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or
one inch equals 40 feet, etc) and be on a standard drawing sheet of a size not to
exceed 24 inches by 36 inches. In the event a single sheet is not practicable, multiple
sheets may be used if, on each sheet:
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
(1) Match lines are indicated; and
(2) A composite drawing is provided that shows the entire proposed development,
location of the match lines, sheet numbers, and the location of the sheet within
the proposed development by the shading in of the appropriate area on the
composite.
c. Include a location diagram showing the property in relation to surrounding streets.
d. Contain title block and reference information pertaining to the property and plan,
including the name of the project, the names of persons responsible for preparing the
plan, the scale of the plan, both graphic and numeric, and the date of submission with
provisions for dating revisions.
e. Show the dimensions of the property and indicate its area in both square feet and
acres.
f. Contain in written and tabulated form, proposed uses within the PD, heights of
buildings and structures, lot size, floor area requirements, density, coverage, and
setbacks. If necessary this information should be broken down for each use proposed
on the site.
g. Show any other proposed changes to development regulations contained in this
chapter.
7. To the extent possible, the conceptual plan should also:
a. Show or describe the building envelope for each existing and proposed building on
the lot.
b. Show the location and dimensions of all existing streets, alleys, easements for
utilities, streets, and other purposes, floodplains as defined by the Federal Emergency
Management Administration (FEMA), and/or other official drainage information.
c. Show all areas proposed for dedication or reservation.
d. Show setback lines and building lines for each existing and proposed building on the
lot.
e. Show all existing and proposed points of ingress and egress to the property, and for
those tracts adjacent to an arterial thoroughfare, indicate estimated peak hour turning
movements to and from existing and proposed public and private streets and alleys.
f. Show all existing and proposed median cuts and driveway locations within 250 feet
of the property.
g. Show all existing and proposed off-street parking and loading areas, indicating the
general dimensions of parking bays, aisles, and driveways, and the number of cars to
be accommodated in each row of parking spaces.
h. Show all existing and proposed provisions for pedestrian circulation on the lot
including sidewalks, walkways, crosswalks, and pedestrian plazas.
i. Show the location and indicate the type of any special traffic regulation facilities
proposed or required.
j. Show the existing and proposed topography of the property using contours of two feet
or less. Existing contours should be shown with dashed lines and proposed contours
should be shown with solid lines.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
k. Show the location and indicate the type of any existing or proposed mechanical or
electronic equipment capable of producing noise that crosses the property line.
l. Show any other reasonable and pertinent information that would assist the Director in
determining the appropriateness of the PD.
D. Commission Review and Action
1. Once a complete application for a PD has been received and reviewed, the Director shall
schedule a public hearing before the Commission to receive public comment regarding
the plan. Notification of the public hearing shall be as any other change in zoning
classification.
2. After the public hearing, the Commission shall make a recommendation regarding the PD
application and forward it to the Council for further action.
3. The Director shall prepare a PD district ordinance based on the Commission and staff
recommendation on the applicant's conceptual plan. The ordinance shall contain
regulations governing permitted uses, heights of buildings and structures, lot size, floor
area requirements, density, coverage, and setbacks, and may further contain any
additional regulations, special exceptions, or procedures that the Commission considers
necessary to achieve the innovative aspects of the conceptual plan, or to minimize
potential adverse impacts which could result from the creation of the district. The
conceptual plan and development conditions shall be attached and made a part of the PD
ordinance.
E. Council Review and Action
1. After preparation of the ordinance by the City Attorney, the Council shall hold a public
hearing to allow all interested parties to present their views regarding the proposed PD
district ordinance. Notice of this public hearing shall be given in the same manner as a
public hearing for a change in zoning district classification.
2. Following adoption of the PD district ordinance by the Council, the Director shall amend
the official zoning map to reflect the change of zoning district classification on the
property. The PD ordinance and the conceptual plan shall be used in the review and
approval of all development related permits for the property governed by the PD.
F. Amendments to the Conceptual plan
1. An amendment to the conceptual plan and development conditions is a change in zoning
district classification and shall follow the same procedures set out in this section, except
the Director may authorize minor changes in the conceptual plan and conditions that do
not:
a. Alter the basic relationship of the proposed development to adjacent property;
b. Change the uses permitted;
c. Increase the maximum density, floor area ratio, or height;
d. Decrease the amount of required off-street parking; or
e. Reduce the minimum yards required at the boundary of the site.
2. The applicant shall submit a revised conceptual plan and development conditions that
reflects the requested changes.
3. An applicant may appeal any decision of the Director to the Commission.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
SECTION 6.2 FLOODPLAIN DISTRICT (FP)
A. Floodplain Prefix to District Designation
To provide for the appropriate use of land that has a history of inundation or is determined to
be subject to flood hazard, and to promote the general welfare and provide protection from
flooding, portions of certain districts are designated with the floodplain prefix, "FP." Areas
designated on the zoning district map by an FP prefix shall be subject to the following
regulations and procedures.
B. Designation of Land Subject to Flooding
The Director shall prepare and maintain maps illustrating all areas designated with the FP
prefix. The designation of land subject to flooding shall be based on:
1. Areas of special hazard identified by the Federal Emergency Management Agency on its
flood hazard boundary maps (FHBM) for the City of Wylie as provided in Section 50-36
of the Wylie City Code.
2. Areas of special flood hazard as determined by a flood plain or drainage analysis that
uses the application of standard and acceptable scientific and engineering procedures
used in the study of rainfall potential and its effect on a given drainage basin in the form
of flooding.
3. When two or more studies have been completed for the same drainage basin, the more
restrictive of these studies shall be the basis for regulation under this article.
C. Permitted Uses
The permitted uses in that portion of any district having a floodplain, FP, prefix shall be
limited to the following:
1. Agricultural activities including the ordinary cultivation or grazing of land and legal
types of animal husbandry, but excluding construction of barns, fences, or other
structures.
2. Parks, playgrounds, public golf courses, and other recreational areas, but excluding any
structures.
3. Private open space as part of a planned residential development.
4. Bridle trails, bicycle or nature trails.
5. Structures, installations and facilities installed, operated and maintained by public
agencies for flood control purposes or water or sewage treatment.
D. Development within Areas Designated with a Flood Plain “FP” Prefix
1. Development Permit Required
a. No development related to any permitted use within that portion of any district
designated with a floodplain “FP” prefix may proceed without an approved
development permit as required in Section 50 of the Wylie City Code. This permit
request shall be made a part of an application for zoning or subdivision review or
other construction review within the zone.
b. No alteration of the floodplain due to dumping, excavation, storage, filling or mining
operations shall be conducted without a development permit approved by the City of
Wylie.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
2. Approval Standards. The following standards shall be used to approve a development
permit within an area designated with a floodplain “FP” prefix.
a. The proposed development or alteration of the floodplain area will not increase the
severity of flooding up or down stream from the altered property;
b. The proposed development or alteration of the floodplain area will not endanger the
value and safety of other property or the public health and welfare; and
c. The proposed development or alteration of the floodplain area will not endanger the
safety of the property being altered.
E. Removal of Designation
An area may be removed from the floodplain, FP, prefix designation by Council action based
on:
1. A floodplain analysis meeting standard and acceptable scientific and engineering
procedures used in the study of rainfall potential and its effect on a given drainage basin
in the form of flooding, accepted by the City Engineer, that finds the area not subject to
flooding.
2. Approval of a development permit for alterations to the floodplain that effectively
removes the area from the floodplain, subject to limitations identified in subsection D,
above. Removal of the floodplain “FP” prefix shall occur only after completion of the
work and certification by the City Engineer that the work was in conformance with the
approved plans.
F. Other Land Subject to Flooding
The fact that land is not within a district having a floodplain, FP, prefix shall not be
interpreted as assurance that such land or area is not subject to periodic local flooding and the
designation of the prefix in this ordinance shall not be so interpreted.
SECTION 6.3 DOWNTOWN HISTORIC DISTRICT (DTH)
A. Purpose
Wylie's downtown has been identified by the Comprehensive Plan as a valuable resource worthy
of preservation as a historic district. This district provides development and design standards that
preserve the historic and architectural character of existing development, provides for adaptive
reuse of existing buildings, and the compatibility of new structures and uses with the historic
nature of downtown.
A non-contributing building and/or structure means a building not contributing to the historic
significance of the district and does not add to the district’s sense of time and place, and
historical development; or one where the location, design, setting, materials, workmanship,
feeling, and association have been so altered or have so deteriorated that the overall integrity of
the building has been irretrievably lost. Typically, contributing structures are older than 50 years.
Typically, non-contributing structures are less than 50 years old.
B. District Boundaries
1. The Downtown Historic District (DTH) is generally bounded by State Highway 78 on the
south, Cottonbelt Avenue on the west, from Eliot Street to Brown Street, and including
property north of Brown Street on Keefer, and to the eastern property line of those lots
facing west on Second Street from Brown Street to the north and Marble Street to the
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
south, and those properties north of Brown Street along Ballard Avenue facing east and
continuing north to Tract 4 of the Samuel B. Shelby Abstract and approximately 100 feet
of frontage of those lots facing west and continuing north parallel to Ballard Avenue and
encompassing all of Block 1, Lot 5 of the Russell #01 Addition and Block 1, Tract 49 of
the James Truett Abstract.
2. The precise boundaries of the Downtown Historic District shall be shown on the official
zoning map of the City of Wylie. The boundaries of the Downtown Historic District may
be amended from time to time based on a request from area property owners, a request of
the staff, the Commission, or at the pleasure of the Council. In considering a request for a
change in district boundaries, the Council shall require:
a. Any additions to the district shall be contiguous to the existing boundaries of the
district;
b. Any reductions in the district shall be located on the edge of the district such that a
hole is not left inside the district; and
c. If requested by a property owner, a petition shall be presented showing owners of
more than 50 percent of the land within the district, excluding streets, and owners of
more than 50 percent of the building sites in the district are in support of the
requested change in boundaries.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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SPECIAL PU
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NING ORDINA
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ZONING ORDINANCE
1. The Downtown Historic District may contain any combination of uses shown in the Use
Chart in Article 5, Section 5.1.
2. Within the Downtown Historic District there are both residential and nonresidential uses
which may be located in either residential structures or commercial structures. To
maintain the architectural and historic character of existing blocks where one type of
structure predominates, the following regulations shall apply.
a. Residential uses may be in residential structures or commercial structures. Residential
uses in commercial structures are only allowed if they occupy less than 40 percent of
the floor area of the building; and do not occupy the area adjacent to the street front.
b. Nonresidential uses may be in residential or commercial structures. Nonresidential
uses in residential structures must be in those blocks where existing residential
structures predominate.
c. In block faces within the District that are currently developed with residential
structures, new construction shall be of historic design. Either residential or
nonresidential uses may be located in the residential structures.
d. In block faces within the Downtown Historic District that are currently developed
with commercial structures, new construction shall be of historic design.
E. Downtown Historic District Development and Design Standards
1. All properties must meet requirements provided in this section for Site Design, and
Architectural Standards.
2. Purpose of Downtown Historic District Design Standards. The purpose of these
design standards is to ensure the preservation of the historic and architectural qualities
which make the Downtown Historic District a unique place by permitting new
development compatible with existing historic buildings and by maintaining the historic
and architectural qualities of existing buildings.
a. Site Design Standards. The purpose of the Site Design Standards is to provide for
building and parking placement compatible with existing development.
b. Architectural Standards. The purpose of the Architectural Standards is to provide for
the preservation of existing historic and architectural qualities of Downtown Wylie,
ensure new construction is compatible with these qualities, and to protect and
promote the uniqueness of downtown as a commercial area.
3. Design Standards Review. All new development shall comply with the Site Design
Standards included in Subsection 4, and the Architectural Standards in Subsection 5.
a. Historic Review Commission (HRC) shall be appointed by the City Council and shall
consist of seven (7) members in accordance with Ordinance 2013-17, and as
amended.
b. The HRC will be responsible for reviewing and recommending an action to the
Planning and Zoning Commission and/or the City Council for proposed new
construction or substantial renovation, revisions to the ordinance, and planning efforts
to fulfill the purpose of the Downtown Historic Ordinance and to consider future
amendments and long range goals of the District.
4. Site Design Standards
a. Building Placement - Commercial Structures
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
(1) Buildings shall be placed on the front property line. Buildings may be moved
back from the front property line a total of four feet to provide for wider
sidewalks and entries, if: The buildings takes up an entire block face; or is
located on a corner; or has a total frontage of more than 50 percent of the block
face.
(2) New commercial structures shall be allowed only in block faces which are
predominately developed with existing commercial structures, or are
predominately vacant land.
(3) Buildings shall be placed on the side property line. Buildings may be moved
back from the side property line a total of four feet to provide for wider
sidewalks and entries when the side property line is along a street.
(4) Buildings that go through a block so that they have frontage on two parallel
streets, shall treat each frontage as a main façade.
(5) All service areas and loading shall be from the alley.
(6) New commercial structures shall construct at least a six (6) foot wide side walk.
b. Building Placement - Residential Structures
(1) New single family residential structures are only allowed in blocks which are
predominately developed with existing residential structures.
(2) Residential structures shall conform with the front yard, side yard and rear yard
setbacks of existing residential buildings on the block face. Front yard and rear
yard setbacks will be deemed to be in conformity if they are within five feet of
the average of the existing setback on either side of the new construction. Side
yard setbacks shall be no closer than the side yard setback adjacent to the new
construction or 20 feet whichever is less. On corner lots, side yards shall be
treated as front yards and shall be the same as that required for the primary front
yard.
(3) Accessory structures such as garages, sheds, greenhouses etc. shall be located in
a separate structure behind the rear edge of the main building and comply with
side and rear yard setbacks.
(4) New residential structures shall construct at least a six (6) foot wide side walk.
c. Parking for Residential and Nonresidential Uses
(1) Parking for residential use shall be on site and conform to standards for
residential uses in other single family districts.
(2) Existing nonresidential uses may be renovated, reconstructed, and expanded up
to 10 percent of their original floor area without having to comply with these
parking standards.
(3) Commercial Uses less than 4,000 square feet in a block face with existing
historic commercial buildings shall not be required to provide off-street parking.
(4) Commercial Uses over 4,000 square feet will be required to provide off-street
parking under the following standards:
(a) A minimum of 50% of all required parking, in accordance with Article 5
Use Charts of this Ordinance, shall be located on site as required by
specified use. All on-site parking shall be placed a minimum of 10 feet
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
behind the front façade of the building with a landscape buffer provided.
Not more than 140 feet of contiguous frontage of parking shall be visible
from a street. On-site parking shall also provide spaces for bicycles at a
rate of one for every full 25 spaces of required parking.
(b) Alternative materials, such as pavestones and grasspavers can be used for
driveways and parking spaces, subject to approval of the City Engineer.
(c) Up to 25 percent of the required parking can be provided by on-street
parking in front or to the side of the building.
(d) The remainder of the required parking can be provided by off-site parking
facilities within 1,000 feet of the site. No off-street parking can be
developed with frontage on Ballard Street or the block face on the east
side of Jackson Street.
(e) Upon a finding that a parking reduction is necessary to preserve historic
buildings and maintain the design integrity of the Downtown Historic
District, the Commission may grant parking variances up to a maximum of
75 percent of the required parking.
(5) Off-street parking lots with over 20 spaces are required to have landscaping and
lighting that meets the standards for other nonresidential developments. (Article
4, Section 4.3)
5. Architectural Design Standards
a. Street Facade – Commercial Structures
(1) Primary street facades for nonresidential buildings in the Downtown Historic
District shall have the following basic features of existing historic buildings:
(a) Cornice at top of facade;
(b) Display windows with transom windows above and lower window panels
below.
(c) Pilasters that divide the facade vertically and separate the display windows
units into discrete visual elements.
(d) Second floor windows, recessed with multiple lights, lintels, and sills.
(2) Architectural elements such as doors, windows, awnings, canopies and
architectural details shall be compatible with the overall visual qualities existing
within the historic buildings downtown. Maintain as much of the original basic
façade as possible. The basic façade consist of three parts: the storefront, with
large display windows and transom; the upper façade, with large regularly
spaced windows; and the decorative cornice.
(3) Choice of color for the primary facade, various architectural elements, or details
shall be in conformance with the color scheme existing within downtown and
appropriate for the historic and architectural character of the commercial
structure. (Sherwin Williams Preservation Palette, Valspar Historic Color
Palette or equal would be an approved color palette)
(4) In addition to the above, all commercial structures shall have at least two of the
following desirable design features as appropriate:
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
(a) Street facades on side streets that meet the requirements for primary
facades; or
(b) Buildings on corners which create a diagonal corner cut with the entrance
on the corner; or
(c) Pediments added to the top of the facade; or
(d) Decorative brickwork and architectural detailing on or around the cornice,
fascia, pilasters, or around windows; or
(e) Use of natural wooden doors with glass windows; or
(f) Projecting canopies and or awnings placed over the ground floor windows
and doors
FIGURE 6-2 TYPICAL FEATURES OF COMMERCIAL STRUCTURES IN THE DOWNTOWN HISTORIC DISTRICT
b. Street Facade – Residential Structures
(1) Residential structures within the Downtown Historic District shall have the
following basic features of existing residential structures in the district, as
appropriate to the architectural style of the building. These features are depicted
in the following illustration for definitional purposes.
(a) Covered porches integrated into the front facade of the main structure;
(b) Multiplicity of roof forms;
(c) Columns and railings defining porch;
(d) Windows with multiple lights;
(e) High pitch roof lines; and
Pediment
Cornice
Window Lintel
Window Sash
Window Sill
Fascia Sign Board
Transom
Windows
Lower Window
Panels
Pilaster
Decorative
Brick Work
Display Windows Storefront
Upper
Facade
Cornice
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
(f)
(2) Resi
(3) Resi
fron
(4) Resi
cove
(5) Porc
the
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(6) Porc
the e
(7) Cho
shal
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FIGURE 6-3 TY
(8) In a
follo
(a)
Sk
AR
Architectu
and founda
idential struc
idential stru
nt facade sha
idential stru
ered porch a
ches on resid
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hitectural ele
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PICAL FEATURE
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Use of ski
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RTICLE 6: S
ural detailing
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SPECIAL PUR
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have a room
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ch do not h
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mary facade,
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IAL STRUCTURES
l residential
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DISTRICTS
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C DISTRICT
t least two o
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ZONING ORDINANCE
(b) Use of foundation plantings to soften and conceal the foundation; or
(c) Use of architectural detailing appropriate to the architectural style of the
building. Architectural detailing includes but is not limited to elements
such as carving in porch rails, turned stiles, use of ornamentation around
windows, doors, eave lines, porches, and decorative windows and
materials within gables.
c. Building Proportions – Commercial Structures
(1) Overall height of single story commercial buildings in the Downtown Historic
District shall be between 18 and 26 feet.
(2) The proportion of the height to width of the facade between pilasters shall be in
the range of 2.5 to 1 to 3 to 1. The basic window units shall be between 2 to 2.5
times the remaining height to the top of the cornice.
(3) The ground floor facade shall have at least 45 percent of its area in transparent
windows, or doors. The second floor facade shall have at least 20 percent of its
area in windows. The area of windows includes any mullions framing individual
lights within the window frame.
(4) The building height shall not exceed thirty-five (35’) feet at the highest point of
the cornice and up to forty (40’) feet for architectural elements including but not
limited to turrets, pinnacles and pediments.
d. Building Proportions – Residential Structures
(1) Residential structures within the Downtown Historic District may be a
maximum of two stories in height, so long as the second floor is located under
the roof over the first floor. Dormers and/or windows in the gable end of the
roof shall be used to provide light and air.
(2) Residential structures shall have a minimum roof pitch of 8:12.
(3) The building height shall not exceed thirty-five (35’) feet at the roof ridge and
up to forty (40’) feet for architectural elements including but not limited to
turrets, pinnacles.
e. Building Materials - Commercial Structures
The base facade materials for commercial structures within the Downtown Historic
District shall be brick or stone. Architectural details, trim, window or door framing
may be wood, stone, cast stone, cast iron, or other materials compatible with the
historic and architectural character of the Downtown Historic District.
f. Building Materials – Residential Structures
(1) The primary exterior material for residential structures within the Downtown
Historic District shall be wood siding and/or composite masonry materials
having a wood pattern.
(2) The width of the siding shall be between four and five inches in width.
(3) Renovation to existing residential structures should use materials which are
compatible with the existing residential structure. Adherence to these material
standards are encouraged where appropriate and/or possible.
(4) Vertical siding is prohibited.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
g
h
6. S
P
an
re
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(5) All
part
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. Fencing –
Any fenc
be in the r
. Fencing –
(1) Fenc
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(b)
(c)
(d)
(2) All
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(3) Fenc
requ
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Purpose: All
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Downtown H
AR
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– Commerc
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– Residentia
cing placed
ows:
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At least 5
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Have the p
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Historic Distr
FIGURE 6-4 E
RTICLE 6: S
nt is define
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streetscape
cial Structur
mmercial stru
uilding not v
al Structure
d in the fron
t to exceed 3
50 percent o
nt;
m wood or
with wood or
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behind the
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EXPRESSION OF B
SPECIAL PUR
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for the DTH
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re applicable
zoning distr
to regulate t
g signs and t
rable area th
BASE, MIDDLE A
RPOSE AND
base, midd
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H. See Figure
hin the Down
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esidential st
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AND ROOF ELEM
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ZON
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e 6-4.
ntown Histo
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aterial, and p
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MENTS Middle Roof Base DISTRICTS
NING ORDINA
f elements
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oric District
all be limite
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may be use
be decorativ
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ty.
oric District
s section is n
placement of
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ANCE
with
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shall
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ve the
e.
ZONING ORDINANCE
a. General Provisions:
(1) Pole sign means any sign erected on a vertical framework consisting of one
upright supported by the ground and where there is a physical separation
between the base of the sign and the ground.
(2) Signs shall be constructed of materials that are not subject to deterioration when
exposed to the weather. Internally illuminated signs must be constructed of non-
combustible material or approved plastics.
(3) New signs should respect the size, scale and design of the historic building.
(4) New signs should not obscure significant features of the historic building.
(Signs above a storefront should fit within the historic signboard for example.)
(5) No sign permitted under the regulations of this section shall be installed without
first obtaining zoning clearance and a sign permit.
b. Signs for Residential Structures
(1) The sign area of any one face shall not exceed sixteen (16) square feet in area.
The sign area of a pole sign shall not comprise more than seventy percent (70%)
of the entire sign structure.
(2) The maximum height of a pole sign structure shall be six (6) feet when no
lighting is included. The maximum height of a pole sign structure shall be eight
(8) feet when a globe type light is included.
(3) Logos and symbols may be illuminated or backlit by fluorescent fixtures. The
use of indirect lighting is also allowed.
(4) The use of a fluorescent color on a sign is prohibited.
(5) No more than one pole sign may be displayed on a premise at any given time.
(6) The sign may be placed adjacent to the public right-of-way, provided it does not
encroach on the sight visibility triangle and is a minimum of six feet from the
outside face of curb.
(7) Single acorn type luminaires, flutes, moldings or other traditional details are
strongly preferred. See Figure 6-5.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
c.
d
. Signs for
(1) The
struc
(2) The
per
less
(3) The
per
100
(4) Sign
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(5) No
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(6) For
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(7) The
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and
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d. Window
Window
following
(1) Win
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(2) No
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FIGU
A
Commerci
size of the
ctures and si
total maxim
one linear fo
.
total maxim
one and one
square feet
ns shall be
ures or open
sign or porti
ding face. R
buildings w
ures of the b
structural m
ding. Wood
ilar material
fabric may b
ached signs
ers with expo
Signs
signs do not
g regulations
ndow Signs
ade.
illuminated
face, except f
URE 6-5 TYPICA
ARTICLE 6:
al Structure
sign shall b
igns.
mum allowab
oot of a sing
mum allowab
e-half (1-1/2)
whichever i
mounted or
nings of a bu
ion of a sign
Roof top sign
without a rec
building, util
materials of
d, metal, stu
ls are prohib
be used as ap
may only
osed neon lig
t require a p
:
must not ob
Window Sig
for open/clo
AL POLE SIGN
SPECIAL PU
es
be in proport
ble sign area
gle tenant, no
ble sign area
) linear foot
s less.
r erected so
uilding.
n shall exten
ns are prohib
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lizing the sam
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ucco, stone
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permit or a p
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gns shall be
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N FEATURES FO
URPOSE AND
tion to the b
a for each bu
ot to exceed
a for each bu
of a multi-t
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nd above the
bited.
style, the sig
me materials
hould match
or brick, i
, resin to gi
ated utilizing
llowed.
permit fee. W
than 20 per
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OR RESIDENTIA
D OVERLAY
ZON
building and
uilding face i
d 70 square f
uilding face i
tenant buildi
not obscure
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gn shall ado
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the historic
is allowed.
ive the appe
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Window Sign
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ithin two fee
AL
Y DISTRICTS
NING ORDINA
d the neighb
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ng, not to ex
the architec
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pt the decor
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c materials o
Plastic, vin
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ANCE
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terior
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ea per
ndow
ZONING ORDINANCE
e. Awning Signs
(1) An Awning may extend the full length of the wall of the building to which it is
attached and shall solely be supported by the exterior wall of the building. The
awning sign shall be no more than six feet (6’) in height and shall not be placed
less than eight feet (8’) above the sidewalk.
(2) Artwork or copy on Awning Signs shall be limited to a business name and or
logo.
(3) The artwork or copy for an Awning Sign shall not exceed twenty percent (20%)
of the area of the Awning and shall extend for no more than sixty percent (60%)
of the length of the Awning.
f. Projecting Signs
(1) Signs shall be constructed of noncombustible material.
(2) Signs shall not project more than three feet (3'), measured from the building
face and shall not be closer than two feet (2') from the back of the curb line.
(3) Bottom of the sign shall be at least 8 feet above the sidewalk.
(4) Signs shall be compatible in design, shape, and material with the architectural
and historic character of the building.
(5) Signs shall not exceed sixteen (16) square feet per sign face.
g. Canopy Signs
(1) A Canopy Sign is a permanent structure that is supported by the building or by a
support extending to the ground directly under the canopy. The Canopy Sign
may be attached to, or be an integral part of the face of a canopy.
(2) A Canopy Sign may consist of only the name and/or logo of the business at the
location of the canopy.
(3) The artwork or copy on a Canopy Sign shall not exceed ten percent of the face
of the canopy, or a maximum of twenty-five (25) square feet, whichever is
greater.
(4) An illuminated stripe may be incorporated into a canopy. The stripe may extend
along the entire length of the face of the canopy. The width or thickness of the
stripe shall be limited to one-third of the vertical dimension of the face of the
canopy. The internal illumination of a canopy is limited to the portions of the
canopy face on which a sign or stripe is permitted.
h. Special Events Banner Signs
(1) A Special Event Banner sign is composed of cloth, plastic, canvas or other light
fabric.
(2) Only banners promoting or supporting local community events will be
permitted over public right-of-ways.
(3) An application to place a banner over a public right-of-way shall be submitted
to the Building Inspections Department at least 10 days before the date to be
installed.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
(4) The City of Wylie may erect and remove banners over public right-of-way.
Banners may only be installed at locations approved by the City.
(5) The maximum banner size allowed is 4 x 36 feet, unless extended over the
public right-of-way. Banners must be in good repair at all times.
(6) The banner may remain a maximum of fourteen (14) days. A maximum of two
banners can be hung for each event with placement of the second banner
provided as space allows. Only one banner will be hung at each location.
(7) When a banner over the public right-of-way is removed, the applicant is
responsible for picking up the banner from the City of Wylie Service Center
within ten (10) working days of the removal date. A late fee of $50 will be
charged for banners left after the ten (10) day period. Unclaimed banners will be
disposed of 30-days after removal date.
(8) Banners not defined as Special Events Banners are regulated by the City’s
current Sign Ordinance and as amended.
i. A-Frame/Sandwich Board Signs
(1) No more than one a-frame or sandwich board sign per business shall be
allowed, and a minimum of four feet of clear sidewalk shall be maintained at all
times. The sign shall be sufficiently weighted or anchored to prevent movement
by wind or other elements.
(2) No a-frame or sandwich board sign shall exceed eight square feet per face or
four feet in height. The entire sign structure shall be calculated as the total of
sign area.
(3) Materials suggested for use for signs are finished hardwoods, or softwoods.
Materials not allowed include, but are not limited to, fluorescent materials,
paper or fluorescent paints.
j. Exempt Incidental Signs. Small incidental signs can be installed along a
business frontage without permit approval from the City. Incidental signs are
commonly seen as menu boards, open signs, small window signs noting hours of
operation, and small hanging signs. Incidental signs do not include other signs
specifically listed within this ordinance. Although a permit is not required for
these type signs, the following guidelines must be maintained.
1. No more than three (3) incidental signs per building entrance.
2. Maximum area allowed is 3 sq. ft. each, with a total cumulative area not to
exceed 7 sq. ft.;
3. Incidental signs that project over or into a pedestrian right-of-way must be at
least 7’-6” above the sidewalk;
4. Cannot project beyond the awning;
5. Cannot extend above the awning;
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
SECTION 6.4 SOUTH BALLARD OVERLAY DISTRICT (SBO)
A. Purpose
South Ballard has been identified by the City as a valuable area worthy of rejuvenation as a
Mixed Use district. This section provides minimum development and design standards that
will create a unique pedestrian friendly atmosphere for the citizens of Wylie that expands
upon and is compatible with the architectural character of the Downtown Historic District.
B. Plan Review
1. The requirements and guidelines that follow are minimum standards for development
within the SBO. New development or major renovations will require the submittal of a
Site Plan that will be evaluated by City Staff and the Planning and Zoning Commission to
determine merit and applicability of the proposed development within the overall vision
of the SBO. An appeal to the Council of the Commission’s decision may be made if filed
Figure 6-6 Exempt Incidental Signs
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
Figure 6-6 SBO Boundaries
by the applicant in writing with the Planning Department not more than seven (7) days
after the date of the action taken by the Commission.
2. For any site or design standard not expressly detailed below, Articles 2, 3, and 4 of this
Ordinance shall apply.
C. District Boundaries
1. The SBO is generally bounded by SH78 on
the north, Stone Road on the south, the rear
property line or the alley (where applicable)
of those parcels facing Ballard, and the
western lots facing 1st Street bordered by
SH 78 and Butler Street. These boundaries
are shown on the map in Figure 6-6 for
informational purposes.
2. The precise boundaries of the South Ballard
Overlay District shall be shown on the
official zoning map of the City of Wylie.
The boundaries of the SBO may be
amended from time to time based on a
request from area property owners, a
request of the staff, the Commission, or at
the pleasure of the Council. In considering a
request for a change in district boundaries,
the Council shall require:
a. Any additions to the district shall be
contiguous to the existing boundaries of
the district;
b. Any reductions in the district shall be
located on the edge of the district such
that a hole is not left inside the district; and
c. If requested by a property owner, a petition shall be presented showing owners of
more than 50 percent of the land within the district, excluding streets, and owners of
more than 50 percent of the building sites in the district are in support of the
requested change in boundaries.
D. Permitted Uses: See Use Chart in Article 5, Section 5.1.
1. Mixed Uses
Residential and Nonresidential uses may be located within the same structure in order to
promote a balanced and sustainable mixed-use environment within the South Ballard
Overlay District.
2. Single Family Uses
Detached Single Family dwelling units are prohibited.
3. Multi-Family Uses
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
Figure 6-7 Streetscape
10’ walkway 10’ walkway Thoroughfare Thoroughfare
Center Median
Multi-Family uses shall adhere to the following minimum square footage regulations per
unit based on occupancy: 1 Bedroom – 800 s.f.; 2 Bedroom – 1,000 s.f.; 3 Bedroom –
1,200 s.f.
E. Development and Design Standards: Following are the yard, lot and space requirements for
each component within the South Ballard Overlay District, including density, height, lot and
unit size.
1. Design Standards- Street and Sidewalk Standards
The purpose of the Street and Sidewalk Standards is to provide for street treatments,
pedestrian sidewalk and crosswalk standards, to provide public access to open space, and
to provide enhancements along pathways. Desired Street and Sidewalk requirements are
achieved by projects in accordance with the following criteria:
a. Pedestrian Sidewalk and Crosswalk Standards
(1) All Developments shall provide a 10 foot minimum concrete public walkway.
Large canopy shade trees shall be provided at 50 ft o.c. and must be placed a
minimum of two feet off the back of curb. The walkway may be located
partially within the property and partly within the street right-of-way parkway,
if applicable. If the building set back is 15 ft from the street, a 5ft landscape
buffer shall be provided between the façade of the building and the public
walkway. The landscape buffer shall contain native drought resistant grasses
and shrubs. Minimum size for shade trees shall be 3 inches in caliper and 14 to
16 feet in height at time of planting. Trees shall match, in species, those of
existing development.
(2) Decorative paving, consisting of stamped, decorative concrete or pavers, shall
be provided to cover a minimum of 25% of the total surface area of the
walkway and at all crosswalk entries of corner lots.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
b. Lighting and Furnishings Along Sidewalks
(1) Benches with backs which meet the city’s standard park bench, at a minimum
spacing of one bench per 250 feet are encouraged.
(2) Provide waste receptacles every 250 ft, common throughout.
(3) Provide lighting on trees within public walkway. Lighting shall consist of up-
lights and placed in a way to minimize fixture placement visibility.
c. Mail Boxes
Mail boxes, as provided for a multi-tenant building shall be of a Cluster Mailbox Unit
(CBU) box style. The CBU shall be located at the lot line, or as required by the
United States Post Office, and include one slot for every commercial space and one
slot for every residential unit. Multiple CBU’s may be used on larger lots as
necessary. Mailboxes for single users shall incorporate architectural features that are
compatible with the main structure.
Figure 6-8 Decorative Paving Styles
Figure 6-9 Cluster Mailbox Units
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
2. Site Design Standards. The purpose of the Site Design Standards is to provide for
building and parking placement, landscape requirements, access drives and the location
of service and loading areas. Desired Site Design requirements are achieved by projects
in accordance with the following criteria:
a. Building Placement
(1) Buildings shall be placed with their entrance and/or main facade oriented to the
street at the property line or five feet from the property line.
(2) Buildings shall be placed with the rear of the building at least 15 feet from the
property line.
b. Parking
(1) Within the SBO the first 1,000 square feet of space for each individual use shall
be exempt from providing any required parking. Additionally, a minimum of
50% of all required parking, in accordance with Article 5 Use Charts of this
Ordinance, shall be located on site as required by specified use. All on-site
parking shall be placed a minimum of 10 feet behind the front façade of the
building with a landscape buffer provided. Not more than 140 feet of contiguous
frontage of parking shall be visible from a street. On-site parking shall also
provide spaces for bicycles at a rate of one for every full 25 spaces of required
parking.
(2) Alternative materials, such as pavestones and grasspavers can be used for
driveways and parking spaces, subject to approval of the City Engineer.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
Ornamental Street
lights Banners
Benches Bike
Racks
Commercial
below
Residential
above
ZONING ORDINANCE
c. Location of Service Areas and Loading
(1) Service areas and loading areas shall be located in the parking area nearest the
rear of the building.
(2) Service areas shall have a screening wall with gates which prevent visibility
from a public street and use a material, style and colorization that matches the
main structure.
d. Landscaping: Desired Landscaping Design requirements are achieved by
projects in accordance with the following criteria:
(1) At least ten percent of the site shall be landscaped and contain an automated
subsurface irrigation system.
(2) Landscaping is required in the front yard and completely along the front
property line.
(3) Landscaping is not required in side yards in which a pathway is provided for
the purpose of pedestrian access to the rear areas of the site.
(4) The landscape area shall include shrubs and at least one flowering tree for
every 50 linear feet of planting area in the rear of the building of commercial
and mixed-use lots. Trees may be planted in groves or bands as long as the
required numbers of trees are provided.
Figure 6-11 Landscaping/Public
Walkways
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
3. Architectural Standards. In order to provide for a variation in building architecture, new
developments should be designed to reflect the Victorian Architectural Period. The
Victorian style is most recognized as a combination of past architectural types.
a. Architectural Style
(1) Identifying features of the Victorian Era include but are not limited to:
(a) Steeply pitched roof of irregular shape, usually with dominant front facing
gables
(b) Textured shingles to avoid smooth-walled appearance
(c) Partial or full width asymmetrical porch, usually one story high and
extended along one or both side walls.
(d) Asymmetrical façade
(e) Variations in facades, building height and rooflines.
(2) Design characteristics should be rich in detail, ornate and designed to achieve a
picturesque effect with dormers, arches and vertical and/or horizontal emphasis
with contrasting colors and textures.
b. Exterior Building Materials
(1) All units shall have a minimum of seventy-five (75) percent of the exterior
facade composed of brick, stone laid masonry units, stone, cast stone, masonry
stucco, decorative concrete, stucco, or masonry fiber cement products. Glazing
shall not exceed 40 percent of the front elevation of the residential component
of a mixed-use structure. Wood and vinyl siding materials shall not be used for
primary exterior walls.
(2) EIFS Requirements
(a) EIFS systems must include a drainage arrangement to help keep moisture
from being trapped behind the covering.
(b) EIFS only from manufacturers who have a current code evaluation report.
(The evaluation report is evidence that the EIFS manufacturer has met
certain requirements and has fully tested and evaluated its products.)
(c) EIFS only from manufacturers who are members of EIMA. EIMA
manufacturer members are required to adhere to minimum industry and
ASTM performance standards as well as maintain code compliance
reports in the areas in which they do business.
(d) Installation of EIFS only by contractors who are trained and listed by the
EIFS manufacturer.
(e) Submittal of EIFS installation cards are required to confirm installation of
the EIFS and sealants in compliance with the EIFS manufacturer’s
requirements.
c. Roofs and Roofing - Roofing Materials
(1) All Commercial structures with a pitch greater than 2:12 shall have roofing
materials of architectural grade dimension asphalt shingles, concrete or clay
roofing tiles, standing seam metal roofing, or slate roofing shingles.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
(2) All Residential structures shall have architectural-grade overlap shingles, tile or
standing seam metal. Wood shingles are not permitted. Plumbing vents, attic
vents, and other rooftop accessories are to be painted to match the roof shingle
color.
d. Repetition of Unit Design Elevations
In order to promote architectural variation a variety of elevations shall be used on all
buildings within the South Ballard Overlay District including the placement of the
primary entrances, porches, number and placement of windows, and other major
architectural features. The façade of each building must contain different building
materials, color, or elevation at a minimum of every 50 feet of frontage. In addition,
the same material pattern, color, or elevation may not be repeated within 3 facades on
the same side of the street or directly on the opposite side of the street.
Appeals Regarding Material
The Building Official may grant exceptions to the above minimum standards for new
construction when other materials are required to enhance the architecture of the
structure. However, if the Planning Director determines a product does not
demonstrate the desired architectural qualities or if the Building Official determines
that a product does not demonstrate the same durability as masonry, the applicant
may appeal that decision to The Zoning Board of Adjustments or the Construction
Board, respectively.
e. Building Bulk and Articulation
(1) Single Family Attached, Mixed-Use, and Commercial
(a) In order to avoid large blank facades, variations in the facades facing a
public street shall be provided in both the vertical and horizontal
dimensions. Therefore, corner lots must provide the following on all sides
adjacent to a street. Buildings may incorporate decks, upper level
setbacks, trellis, dormers and gable roof forms to achieve articulation.
(b) Entrances to buildings shall be emphasized through providing projections,
recessed areas, canopies, projections in height, or other architectural
elements.
(c) Ground floor facades facing a public street shall have display windows,
entry areas, awnings, or other such features along at least 40 percent of
their horizontal length.
(d) Cornice at top of facade;
(e) Display windows with transom windows above and lower window panels
below.
(f) Pilasters that divide the facade vertically and separate the display windows
units into discrete visual elements.
(g) Second floor windows, recessed with multiple lights, lintels, and sills or
doors providing access to a second storey balcony.
(h) Buildings on corners which create a diagonal corner cut with the entrance
on the corner.
(i) Pediments added to the top of the façade.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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ZONING ORDINANCE
f. Conservation/Sustainability
Each building must comply with the Energy component of the Building Code.
However, all buildings are encouraged to meet the United States Green Building
Council (USBGC) standards for Leadership in Energy and Environmental Design
(LEED) certification.
g. Garages (if provided)
Garages shall not be located on or noticeable from the primary street. The primary
street would be the addressed street front. When a three car garage is constructed on a
lot in a 2 & 1 configuration, the single car door may face the street. Each garage shall
be a minimum of 300 square feet. If detached, the garage shall be constructed of
materials to match the main structure.
h. Address Numbers
All buildings shall have a lighted stone or metal plaque with address beside the main
entry of the dwelling unit. Each façade shall have a unique address with suite
numbers applying to individual units within the building.
i. Outdoor Lighting
All buildings shall have an illuminated standard porch light at the front and rear entry
and the front façade, side and/or rear activity area shall be illuminated by down-light
or up-light wired to the interior.
j. Fencing (If Provided)
1) Fencing placed in the front of the residential structure shall be limited as
follows:
a) Height not to exceed three (3) feet;
b) At least 50 percent of the surface area of the fence shall be open and
transparent;
c) Made from wood or wrought iron. Masonry or brick may be used for
columns with wood or wrought iron fence panels;
d) Have the posts and rails facing the inside of the fence.
2) All fences placed in front of the residential building shall be decorative in
design.
3) Fences placed behind the residential building shall conform to fencing
requirements for single family development elsewhere in the city.
F. Additional Provisions:
1. Refer to Section 6.3.E.6 of this Ordinance for Sign Regulations.
2. Refer to additional requirements in Article 7, General Development Regulations.
3. Refer to Article 9, Nonconforming Uses and Structures for additional requirements
related to uses and structures existing prior to the adoption of this ordinance.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
ARTICLE 7 GENERAL DEVELOPMENT REGULATIONS
SECTION 7.1 RESIDENTIAL ADJACENCY AND PROXIMITY STANDARDS
A. Purpose and Intent
The residential adjacency and proximity standards are intended to preserve and protect the
integrity, enjoyment and property values of residential neighborhoods within the City of
Wylie, through the establishment of standards for non-residential uses that may impact
surrounding residential land uses.
B. Applicability
1. The following standards shall apply to all non-residential properties located adjacent to or
in proximity to residentially-zoned building sites. For the purposes of this section, the
terms “residentially-zoned” and “residential properties” shall refer to properties zoned
Agricultural (AG), Single Family (SF), or Townhouse (TH). Manufactured homes and
Multi-family districts shall be considered non-residential uses for the purposes of this
section.
2. Residential adjacency applies to those properties that have a common property line with
the residential property and residential proximity applies to all properties in the area of
the residential site.
3. The residential adjacency requirements shall not apply to properties in the Downtown
Historic District.
4. The Commission may waive the Residential Adjacency Requirements in this section for
the following types of development:
a. Integrated mixed use projects; or
b. Neighborhood commercial development that is integrated into a residential
neighborhood through walkways into the neighborhood.
C. Building Setback
In addition to the required building setback line, no building setback on a non-residentially
zoned property shall be less than the building setback for the residentially zoned property
where they share common boundaries or where they are separated by an alley or utility
easement.
D. Non-Residential Building Height
1. Residential Proximity Slope
a. Except as provided for below, no building in a commercial district may exceed the
height of a line drawn from a residential property line in a residential district at a 3:1
slope directly into the subject commercial property (e.g. a 100 foot high building
must be set back 300 ft. from the residential property line, if both the residential
property line and the grade of the non-residential building are at the same elevation).
b. This provision does not apply to permitted non-residential buildings, such as schools
and churches, built on the residentially-zoned property.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
c. Notwithstanding the above, a one-story building up to 14 feet in height may be
constructed to the allowed setback line established in the non-residential zoning
district, or in subsection C. Building Setback, above.
d. The Residential Proximity Slope applies to architectural projections above rooflines.
FIGURE 7-1 SINGLE FAMILY RESIDENTIAL PROXIMITY SLOPE
2. Multi-Family Proximity Slope
a. Except as provided for below, no building in a commercial district may exceed the
height of a line drawn from a multifamily property line in a multifamily district at a
2:1 slope directly into the subject commercial property (e.g. a 100 foot high building
must be set back 200 ft. from the residential property line, if both the multifamily
property line and the grade of the non-residential building are at the same elevation).
b. This provision does not apply to permitted non-residential buildings, such as schools
and churches, built on the multifamily-zoned property.
c. Notwithstanding the above, a one-story building up to 14 feet in height may be
constructed to the allowed setback line established in the multifamily zoning district,
or in subsection C. Building Setback, above.
d. The Multifamily Proximity Slope applies to architectural projections above rooflines.
1:3Single Family
Residential
Property
Residential
Setback
Proximity SlopeNonresidential
Setback
One Story Building
may project above the
Proximity Slope if
placed at the minimum
nonresidential setback
Building height
above the first floor
(14') must be below
the proximity slope.
Proximity Slope originates at the grade of the property line. If
the grade rises or falls on nonresidential property, buildings
may be shorter or taller than illustrated.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
FIGURE 7-2 MULTI-FAMILY RESIDENTIAL PROXIMITY SLOPE
3. Changes in Grade
Notwithstanding the above, if the natural slope of the ground rises or falls from the point
of origin of the slope line, the actual building height may be greater or lesser by the
difference in grade.
4. Exceptions
a. The following structures may project a maximum of 12 feet above the proximity
slopes:
(1) Chimney and vent stacks
(2) Roof structures for the use of elevators, stairs, tanks, ventilation, and similar
necessary mechanical equipment
(3) Visual screens which surround mounted mechanical equipment
(4) Skylights
(5) Whip and mounted antennas
b. Church steeples, utility transmission lines and towers and municipal utility facilities
such as water towers are exempt from the maximum height provisions.
E. Spill-Over Lighting
1. Lighting Standard. No lighting from a non-residential property shall create greater than
0.5 foot-candle at a height of 4 feet on a residential property line.
2. Redirecting / Screening of Light Sources. All sources of light from a nonresidential
property, including security lighting, illuminated signs, vehicular headlights and other
sources, shall be directed away from residential property or screened so that the light
level above is not exceeded.
1:2 Proximity SlopeMulifamily
Residential
Property
Residential
Setback
Nonresidential
Setback
One Story Building may
project above the Proximity
Slope if placed at the
minimum nonresidential
setback
Building height
above the first floor
(14') must be below
the proximity slope.
Proximity Slope originates at the grade of the property line. If
the grade rises or falls on nonresidential property, buildings
may be shorter or taller than illustrated.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
F. Noise Near Residential Uses
1. Noise at Property Lines
Noise shall not exceed 56 dBA at the property line during daytime hours or 49 dBA
between 10 PM and 6 AM.
2. Individual Service Speakers
a. Individual service speakers are used to conduct business with individual customers
outdoors or in a partially enclosed structure, including but not limited to drive-
through payment windows, drive-through restaurant ordering boards, service station
pump islands, or car washes.
b. Any use containing individual service speakers shall not be permitted within 150 feet
of a residential district. The Commission may require the speaker to be appropriately
screened with wing walls, landscape screens, changes in building orientation or other
design elements to screen from view and minimize the impact of individual service
speakers.
3. Public Address or Paging Systems
a. Public address or paging systems include loud speakers or amplified paging systems
intended to contact or provide information to persons on the exterior of a building
such as those commonly used by businesses with large outdoor facilities or
operations, including but not limited to new or used car sales, building material sales,
garden centers, or car washes.
b. Any use containing public address or paging systems shall not be permitted within
1000 feet of a residential district unless separated by a State Highway.
G. Traffic
Site Plans of non-residential properties shall be reviewed to avoid access locations that would
encourage cut-through traffic through residential areas.
H. Use of Alleys
Commercial truck and automobile traffic shall be prohibited on alleys or service drives which
are shared with residential properties between the hours of 10 PM and 6 AM. This includes,
but is not limited to, deliveries, loading and unloading, and commercial parking lot access.
I. Screening
1. When a district zoned MF, MH, NS, CR, BC, CC, LI or HI abuts a district zoned AG, SF,
or TH, the owner of the non-residential district shall construct a solid screening wall of
not less than six nor more than eight feet in height along the entire property line
separating these districts, except where visibility triangles or easements are required.
2. The screening wall shall be constructed of masonry or reinforced concrete which does not
contain openings. Prefabricated, patterned concrete panels may be used when embossed
with a pattern which resembles masonry units.
3. All wall openings shall be equipped with gates equal in height and screening
characteristics to the wall.
4. All required screening walls shall be equally finished on both sides of the wall.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
5. In cases where the Commission finds this requirement to be impractical for immediate
construction, it may grant a temporary waiver of the required screening wall until such
time as the screening wall may be necessary by the Council.
6. In cases where the Commission finds this requirement to be better met by an irrigated
living screen, the Commission may substitute the landscape screen for the required
screening wall.
J. Loading Spaces
In addition to the regulations contained in Article 5 and Section 7.3, the following standards
shall apply:
1. When adjacent to residential districts, off-street loading areas shall be fully screened from
view of the residential district.
2. The Commission may require wing walls, landscape screens, changes in building
orientation, and/or other architectural elements to minimize the impact of uses containing
loading docks within 150 feet of any residential district.
K. Vehicular Service Bays
For the purpose of this section, vehicular service bays are any partially or fully enclosed
space used for motor vehicle repair, or similar activities.
1. All vehicular service bays within 150 feet of a residential district shall face away from
adjacent residential districts unless separated by a building or permanent architectural
feature of minimum height matching the height of the service bays.
2. Walls separating service bays from a residential district shall be of masonry or reinforced
concrete with no openings.
3. The Commission may require wing walls, landscape screens, changes in building
orientation, and/or other design elements to minimize the impact of service bays within
150 feet of any residential district.
4. No use including outdoor vehicular repair, servicing or testing shall be permitted within
150 feet of a residential district.
L. Engine Repair Shops
Engine repair shops shall not be permitted within 150 feet of a residential district unless all
repair, service, and testing activities are completed in a fully enclosed building.
M. Car Wash and Motor Vehicle Fueling Stations
When car washes and motor vehicle fueling stations are within 300 feet (but greater than 150
feet) of a residential district, the Commission may require wing walls, landscape screens,
and/or other design elements to screen and minimize the impact of the facilities.
SECTION 7.2 SCREENING OF MECHANICAL EQUIPMENT AND TRASH
RECEPTACLES
A. Screening of Mechanical Equipment
1. Screening for mechanical units shall apply to new building construction only.
2. In all non-residential developments, roof mounted mechanical units shall be screened
from view at a point of 6 feet above the property line with a parapet wall, mansard roof or
alternative architectural element. The height of the screening element shall not be less
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
than the height of the mechanical units, provided that the element shall not extend more
than five feet above the roof on a one- or two-story building or more than 13 feet above
the roof on a building of three or more stories.
3. A mechanical unit which is taller than the maximum permitted height of the screening
feature shall be set back from the screen five feet plus two feet for each foot it exceeds
the height of the screen.
B. Trash Receptacles
1. Trash receptacles for commercial uses shall be screened to minimize any impact on
neighboring uses. Screening shall be a solid masonry or concrete wall that is the height of
the container on three sides of the enclosure. The opening shall be equipped with a solid
gate. Gates must have tie-backs to secure in the open position.
2. Trash receptacles shall be located a minimum of 50 feet from any residential property
line.
SECTION 7.3 OFF-STREET PARKING REQUIREMENTS
A. Purpose
The purpose of this section is:
1. To require off-street parking facilities in proportion to the parking demand for each use;
2. To provide accessible, attractive, secure, properly lighted and well-maintained off-street
parking facilities;
3. To reduce traffic congestion and hazards; and
4. To assure that maneuverability for emergency vehicles exists.
B. Applicability
Every building or land use established, every existing building enlarged and every existing
use expanded shall provide off-street parking and loading areas in accordance with the
requirements and standards of this Section and Article 5 Use Regulations. Existing parking
and loading spaces shall not be reduced below the minimum required by this chapter or
Article 5.
C. General Regulations
1. The parking requirements in Article 5 Use Regulations represent general parking
standards under which all proposed development shall be evaluated. No certificate of
occupancy shall be issued for any use which does not comply with these parking
requirements.
2. All on-site parking shall be provided on the same parcel as the principal use, except as
permitted by the off-site parking provisions of this section. Parking on the public right-of-
way may not be counted towards satisfying the requirement for on-site parking, except
within the Downtown Historic and South Ballard Overlay Districts.
3. All parking and vehicle storage areas, including recreational vehicle parking in residential
land use districts, shall occur on concrete pavement. Exceptions can be made for
alternative materials that are shown to be impervious yet as durable as concrete
pavement. These exceptions shall only occur:
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
a. For parking for commercial uses in excess of the minimum required, subject to P&Z
approval.
b. For parking in the South Ballard Overlay, Downtown Historic, or Business
Government zoned districts, subject to P&Z approval.
c. For parking in residential uses in residential zoned districts, subject to staff approval.
4. Except as otherwise provided in this chapter, when a combination of uses are developed
on a site, parking shall be calculated and provided for each of the uses.
D. Computing On-Site Parking Requirements
1. Calculations. When measurements of the number of required spaces result in fractions,
the space requirements shall be rounded upward to the next whole space.
2. Alternative vehicles. When computing parking space requirements, up to 5% of the
required parking can be reserved for each of the following: compact cars or motorcycles.
Such spaces must be marked with both a sign post and pavement markings that meet the
standard for the marking of handicap parking spaces.
3. Different Use Areas. Parking shall be calculated separately for each different use area
and ancillary uses in a building. The cumulative total of all uses shall be provided.
4. Parking Based on Floor Area. Unless specifically stated otherwise, when computing
parking requirements based on the amount of square footage in buildings, all calculations
shall be on a gross floor area basis.
5. Maximum parking. In addition to a minimum parking requirement, parking is also
limited to a maximum number of spaces. The maximum number of parking spaces
allowed for a use shall be no more than 25% greater than the minimum number of spaces
required. A use can exceed the maximum number of parking spaces if the excess parking
spaces are constructed as a near impervious surface, such as grasscrete, that is determined
to acceptable by the City Engineer.
6. Unimpeded Parking. No parking space shall be located so as to require the moving of
any other vehicle to enter or leave any other space.
E. Handicapped Parking Requirements
1. Conformance with State and Federal Requirements. In addition to conforming with
the handicapped parking requirements in this ordinance, all development shall also meet
Federal and State handicapped parking requirements.
2. Residential Uses. Handicapped parking for residential uses shall be provided at the rate
of one space for each dwelling unit that is designed for occupancy by the handicapped.
Driveways may be used to satisfy handicapped parking requirements, provided sufficient
space is available to satisfy the minimal design requirements.
3. Non-residential Uses. Handicapped parking spaces shall be provided for all uses other
than residential at the following rate:
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
FIGURE 7-2 HANDICAP PARKING REQUIREMENTS
Total Number of
Required Parking
Number of
Handicapped
Parking Spaces
Required
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
required spaces
1,001 and above Twenty spaces, plus
one space for each
100 over 1,000
spaces or fraction
thereof.
4. Design Standards
a. Parking Space Dimensions. Handicapped parking spaces shall be at least ten feet
wide and shall have an adjacent access aisle on each side, a minimum of five feet in
width. Two handicapped parking spaces may share a common access aisle.
b. Van Accessible. One in every eight handicapped spaces shall be served by an access
aisle at least eight feet wide and shall be designated "van accessible". The access
route to these spaces shall have a minimum vertical clearance of 9.5 feet and the
parking spaces shall have a minimum clearance of 8.17 feet. Spaces shall have an
additional "van accessible" sign mounted below the symbol of accessibility.
c. Location of Spaces. Handicapped spaces shall be located with the most direct and
practical access, at least three feet wide to a primary accessible building entrance
unobstructed by bumpers, curbs, or other obstacles to wheelchairs. The site design
shall not permit parked vehicle overhangs or any other obstacle to reduce the clear
width of adjacent walkways. Parking spaces and access aisles shall be level with
surface slopes not exceeding a ratio of 1:48 in all directions.
d. Signage. Handicapped spaces shall be designated as reserved for the disabled by a
sign showing the symbol of accessibility in accordance with the CABO/ANSI A 117.1
- Current Edition. The required signage shall not be obscured by a vehicle parked in
the space.
e. Counting of Parking Requirements. Handicapped parking required by this section
shall count toward fulfilling the off-street parking requirement.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
F. Parking Alternatives
The Council may allow parking requirements to be met by either one or a combination of the
methods described in this section in lieu of the required on-site parking.
1. Off-Site Parking. The parking requirement may be met by locating the required parking
spaces on a separate parcel from the lot on which the principal use is located, subject to
the following conditions:
a. The parcels containing the use and off-site parking must be under common
ownership;
b. The parcel must be located not more than 300 feet from the building or use it is
intended to serve;
c. The parcels shall not be separated or divided from the building or use it is intended to
serve by a freeway, expressway, highway, or major street; and
d. An agreement, subject to approval by the City Attorney, shall be prepared to outline
the terms and conditions of the off-site parking use. The agreement, containing the
legal description of both the off-site parcel and the parcel where the principal use is
located, shall be recorded in the office of the County Deed Records to permanently
register the existence of the off-site parking arrangement with each parcel.
2. Shared Parking
a. Requirements. The parking requirements may also be met by securing the consent to
share parking facilities on the same or another parcel and under another ownership.
Shared parking may only be approved if:
(1) The parking facilities are located on a parcel zoned for the same use as the
primary use;
(2) The owners cooperatively establish and operate the facilities;
(3) The uses separately generate parking demands primarily during hours when the
remaining uses are not in operation;
(4) A minimum number of spaces are provided to meet the requirements of the use
with the single greatest parking demand;
(5) Satisfactory evidence, as deemed by the Director, has been submitted describing
the nature of the uses and the times when the uses operate so as to demonstrate
the lack of potential conflict;
(6) The consent agreement, subject to the approval by the City Attorney, must be in
the form of a binding contract, of sufficient length of time, between the property
owners operating the shared parking facility to ensure the continued use of the
facility. The contract shall be filed with the City with the Certificate of
Occupancy for each use;
(7) The parking facility shall not be more than 300 feet from the building or use it is
intended to serve; and
(8) The shared parking facility shall not be separated or divided from the building
or use it is intended to serve by a freeway, expressway, highway, or major
street.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
b. Termination of Agreement. If the parking agreement is terminated, the owner shall
be required to provide adequate parking or the certificate of occupancy shall be
revoked.
G. Downtown Historic and South Ballard Overlay Districts Exemptions
Buildings located in the Downtown Historic and South Ballard District Overlay District shall
comply with the parking standards as set forth in Sections 6.3 and 6.4, respectively.
H. Design of Parking Areas
1. Access. Off-street parking areas shall be provided in the following manner:
a. Maneuvering. All parking areas shall provide suitable maneuvering room so that all
vehicles may enter an abutting street in a forward direction. The backing of a motor
vehicle onto a public street from a parking area shall be prohibited, except for the
following:
(1) Residential parking facilities not exceeding two spaces per property.
(2) Existing commercial and industrial facilities parking areas not exceeding two
spaces per property.
(3) Existing public and quasi-public use facilities not exceeding two spaces per
property.
b. Location of Parking. Parking spaces for any use shall be placed in a location to
facilitate use of the parking facility.
2. Dimensional Requirements
a. Size. Minimum size for parking spaces shall conform with the Thoroughfare
Standards and is shown below with the addition of motorcycle and compact car
exceptions:
FIGURE 7-3 MINIMUM PARKING SPACE SIZE
Type of Space Width Length
Motorcycle 4 feet 8.5 feet
Compact Car 8.5 feet 20 feet
Standard Car 10 feet 20 feet
Handicapped 15 feet 20 feet
13' x 24' w/3' walk when
parallel
Recreational Vehicle 10 feet 30 feet
b. Construction Standards. All parking facilities shall be designed and constructed in
accordance with the standards of the Engineering Department.
c. Angle Parking. Minimum dimensional standards for angle parking are indicated in
the Thoroughfare Standards.
3. Drainage. All parking lots shall be suitably graded (no less than 1 percent or no more
than an 8 percent slope) and drained in accordance with the standards of the Engineering
Department.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
4. Driveways. Driveways (curb cuts) shall be constructed in accordance with the
commercial and multi-family geometric standards of the Thoroughfare Standards.
5. Lighting. Parking areas used during the hours of darkness shall be illuminated for
security and safety. The minimum requirement is one-foot candle, maintained across the
surface of the parking area at a uniformity ratio of 3:1. Illumination, including security
lighting, shall be directed away from adjoining properties and shall be arranged and
controlled so as not to cause a nuisance either to highway traffic or to surrounding uses.
6. Surfacing and Striping. Except as otherwise provided in this chapter, all parking and
loading facilities shall be surfaced (paved), striped and marked to clearly define access
lanes, handicapped parking spaces, and internal circulation movements.
7. Tandem and Valet Parking. The Commission is authorized to approve an off-street
parking program utilizing limited tandem parking for commercial and industrial uses
provided that the development requires 150 or more parking spaces. No more than 30
percent of the total number of spaces shall be designated as tandem, and a valet parking
attendant must be on duty during business hours.
8. Wheel Stops/Curbing. Concrete wheel stops or curbing at least six inches high and six
inches wide shall be provided to prevent vehicles overhanging abutting properties or
public rights-of-way, to protect landscaped areas and to protect adjacent properties.
Curbing shall be located at least three feet from any adjacent wall, fence, property line,
walkway, or structure where parking and or drive aisles are located.
9. Landscaping. Landscaping shall be provided in accordance with Section 7.7 Landscape
Requirements.
10. Maintenance. All required parking lot facilities shall be continually maintained, free of
litter and pot holes and all striping shall be maintained in a legible condition.
SECTION 7.4 ON-SITE LOADING REQUIREMENTS
A. Purpose
The purpose of these provisions is to establish standards to regulate the number, design, and
location of on-site loading areas in a manner which ensures the following:
1. Accessible, secure, and well-maintained loading and delivery facilities;
2. Reduced potential for traffic congestion and hazards;
3. Protection for adjacent parcels and surrounding neighborhoods from the effects of
vehicular noise and traffic generated from the commercial/industrial development; and
4. Loading and delivery services in proportion to the needs generated by the proposed land
use which are clearly compatible with adjacent parcels and the surrounding
neighborhood.
B. Applicability
Except for uses within the Downtown Historic District, every use that receives or distributes
materials or merchandise by truck shall provide and maintain on-site loading spaces in
accordance with the standards of this subchapter.
C. On-Site Loading Space Requirements
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
1. The number of loading spaces shall be based upon the total gross floor area in the
building or use.
2. On-site loading spaces shall be provided as follows:
Square Feet of Floor
Area
Required Loading Spaces
0 – 10,000 None
10,001 – 50,000 1
Each additional
100,000 or fraction
thereof
1 additional
D. Design Standards
Off-street loading spaces shall be provided in the following manner:
1. Dimensions. The minimum size of a loading space shall not be less than 15 feet in width,
25 feet in length, with a 15 foot vertical clearance.
2. Location. Loading spaces shall be located and designed as follows:
a. Adjacent to, or as close as possible to, the main structure.
b. Situated to ensure that all loading and unloading takes place on-site and in no case
within adjacent public rights-of-way or on-site traffic areas.
c. Situated to ensure that all vehicular maneuvers associated with loading and unloading
shall occur on-site.
SECTION 7.5 TRAFFIC MANAGEMENT STUDY REQUIREMENTS
A. Purpose
The purpose of this Section is to establish policies governing traffic flow and safety on street
facilities, to minimize traffic congestion, to improve traffic safety and flow, and to ensure
that traffic generated from the proposed development can be adequately and safely served by
the existing and future street system.
B. Traffic Study Required
A traffic study, which may include a traffic impact analysis and/or a traffic circulation
analysis, may be required for any site plan at the discretion of the City Engineer.
C. Timing of Traffic Study
This study shall be submitted for review concurrently with the submittal of the zoning
request. An updated study is also required when an initial study is over two years old. The
City Engineer may waive the requirement for a study to be updated.
D. Revisions to Traffic Study
Prior to forwarding any zoning case to the Commission, the traffic study, if required, shall be
accepted by the City Engineer. The acceptance of the traffic study will be based on the
completeness of the study, the thoroughness of the impact evaluation, and the consistency of
the study with the proposed access and development plan.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
E. Pre-submittal Conference Required
Prior to commencing any required traffic study, the applicant’s traffic engineer shall meet
with the City Engineer and the Director, and discuss such items as definition of the study
area, level of background traffic, directional distribution of traffic, street and intersection
capacity, intersections requiring level-of-service analysis, and methods for projecting build
out volume. This process may be completed via a facsimile transmission. The traffic engineer
for the applicant shall submit a form, provided by the City, which establishes the requirement
for a Traffic Impact Analysis.
SECTION 7.6 TREE PRESERVATION
A. Purpose
The process of urban development can have a profound effect on the preservation and
protection of larger native or established trees which provide a valuable amenity to the urban
environment and which once destroyed can only be replaced after generations, if at all. This
section has the following specific purposes:
1. Establish rules and regulations governing the protection and preservation of native or
established trees within the City of Wylie.
2. Encourage the protection of healthy trees and provide for the replacement and/or
replanting of trees that are necessarily removed during construction, development, or
redevelopment.
3. Provide for the purification of air of carbon dioxide, dust and pollutants and the
replenishment of oxygen.
4. Provide for shade, windbreaks and the cooling of air; thereby, reducing the requirements
for air conditioning and heating and the utilization of scarce energy sources.
5. Provide for open space and more efficient drainage of land; thereby, reducing the effects
of soil erosion and the need for additional drainage facilities.
6. Prevent the clear-cutting of land, enhance community appearance, and property values
7. Protect the public health, safety, and general welfare.
B. Applicability
1. The terms and provisions of this section shall apply to real property within the City of
Wylie corporate limits as follows:
a. All real property upon which any protected tree is located, excluding developed
single-family and two-family residential property.
b. All vacant and undeveloped real property.
c. All real property to be subdivided or re-subdivided, including record plats and replats.
d. The yard areas of all developed property, excluding developed single family and two-
family residential property.
e. All easements and rights-of-way, excluding those included on a record plat approved
by the Council and filed in the plat records of the County.
2. Exceptions. The following exceptions from the terms and provisions of this section are
hereby authorized and granted:
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
a. The terms and conditions of this section allow trees located in necessary public
rights-of-way, easements and the buildable area of lots to be removed without a tree
removal permit and prior to the issuance of a building permit.
b. In the event that any protected tree shall be determined to be in a hazardous or
dangerous condition so as to endanger the public health, welfare or safety, and require
immediate removal without delay, authorization for removal may be given by the
City Manager, or designee, and the protected tree may then be removed without
obtaining a written permit as herein required.
c. During the period of an emergency, such as a tornado, storm, flood or other act of
God, the requirements of this section may be waived as may be deemed necessary by
the Council.
d. All licensed plant or tree nurseries shall be exempt from the terms and provisions of
this section only in relation to those trees planted and growing on the premises of the
licensee, that are so planted and growing for the sale or intended sale to the general
public in the ordinary course of the licensee's business.
e. Utility companies franchised by the City may remove protected trees that endanger
public safety and welfare by interfering with utility service, except that where the
trees are on owner-occupied properties developed for single-family or duplex use,
disposal of the trees shall be at the option of the property owner(s).
f. The mowing, clearing and grubbing of brush located within or under the drip lines of
protected trees shall be allowed, provided the mowing, clearing or grubbing is
accomplished by hand or by mowers. The use of dozers, loaders or other construction
or earth moving equipment for this purpose shall not be allowed.
g. For recreational property or uses, such as golf courses, ball fields, etc., the buildable
area of the property shall include that portion of the property necessary for the
construction of the recreational improvements, including sufficient adjacent area to
allow the normal operation of construction equipment.
h. The terms and provisions of this section shall not apply to any development,
subdivision or re-subdivision for which a record plat has been approved by the
Council and filed in the plat records of the County prior to the effective date of this
ordinance.
C. Tree Management Plan Required
1. Along with the submittal of an application for approval of a detailed development plan,
site plan, subdivision plat, clearing and grading plan, erosion control plan or public
improvement construction plan, a Tree Management Plan shall be submitted to the
Director.
2. The Tree Management Plan shall:
a. Show the location, species, and caliper of all trees on the site which are 6 inches or
greater in caliper measured at 4.5 feet above natural grade.
b. Identify those trees proposed to be removed and those to be protected.
c. Show the methods of preservation of the trees to be protected.
d. Show the location of proposed building pads, drives, parking, and all easements
which will affect existing trees on the site. And
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
e. Show the location of all floodplain limits, and general grading limits of cut and fill.
3. The Tree Management Plan shall seek to protect all trees that have each of the following
characteristics or conditions:
a. A tree that is at least 12 feet in height and has either a single trunk of six inches
caliper or greater, measured at four and a half feet above natural grade level, or a
multi-trunk having a total caliper width of eight inches. The total caliper of multi-
trunk trees is measured by combining the caliper width of the largest stem or branch
with one-half the caliper width of each additional stem or branch, all measured at four
and a half feet above natural grade level.
b. The tree is located outside of a public street or alley right-of-way, utility easement,
drainage easement, fence easement, pedestrian access easement, other public right-
of-way or easement; or the buildable area of a building lot or site, as included on a
record plat approved by the Council and filed in the plat records of the County; or the
buildable area of a building lot or site, as included on a building permit site plan
approved by the City. For the purposes of subdivision development, “buildable area”
shall mean that portion of a building lot or site not within the required front, side, or
rear yard areas. For the purposes of issuing building permits, “buildable area” shall
also mean those areas on a building lot or site, as shown on the required site plan,
necessary for the construction of other improvements as driveways, parking areas,
pools, tennis courts and accessory buildings, including sufficient adjacent area to
allow the normal operation of construction equipment.
4. The Tree Management Plan is not required to protect trees that are:
a. Injured, dying, diseased or infested with harmful insects;
b. In danger of falling, interferes with utility service or creates unsafe vision clearance;
c. In any manner creates a hazardous or dangerous condition so as to endanger the
public health, welfare or safety; or
d. Identified on approved subdivision construction plans as necessary to be removed to
comply with drainage or lot grading plans; as determined and approved by the City.
D. General Requirements Related to Protected Trees
1. No person, directly or indirectly, shall cut down, destroy, remove or effectively destroy
through damaging, any protected tree on any real property within the City without an
approved Tree Management Plan as provided herein.
2. Under no circumstances shall the clear cutting of protected trees on any real property
within the City be allowed prior to the approval of a Tree Management Plan for the
property
3. Unless otherwise approved by the City, no construction or construction-related activity
shall occur under the canopy or drip line of any protected tree or group of protected trees.
4. No person, directly or indirectly, shall replant, relocate, transfer or move from one
location to another any protected tree on any real property within the City without first
obtaining a Tree Replanting Permit as provided in this ordinance.
5. All Protected trees are required to be protected from the harmful effects of nearby
construction. In order to insure survival of protected trees during the construction process
the following shall be required:
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
a. Prior to construction or land development, the developer shall clearly mark with
three-inch wide red ribbon or tape all protected trees within 30 feet of a public right-
of-way, public easement or buildable lot area, as included on the applicable approved
and filed record plat.
b. Prior to construction or land development of the subdivision, the developer shall
establish designated parking areas for the parking and maintenance of all vehicles,
trailers, construction equipment and related items and designated stockpile areas for
the storage of construction supplies and materials during construction of the
subdivision. The location and dimensions of said designated areas shall be clearly
identified on both subdivision construction and site plans and shall be approved by
the City prior to construction or land development of the subdivision.
c. Designated parking and stockpile areas shall be completely fenced with chain-link
fencing and gated for safety purpose and to separate protected trees from the
construction area and related construction activity. The designated parking and
stockpile areas may be combined into one fenced area provided the preservation of
protected trees is not adversely affected or jeopardized.
d. Supplies and pipe and other items that are customarily unloaded where installed shall
not be required to be stored within the designated stockpile areas.
e. During construction, the developer shall prohibit the cleaning of equipment or
materials and/or the disposal of any waste material, including, but not limited to,
paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy or drip line of any
protected tree or group of protected trees.
f. If a foundation, street or alley pavement, utility line, on-site sewerage facility, pool,
tennis court, patio, sidewalk, drive or parking lot, as approved by the City, must be
constructed within the drip line of a protected tree, it shall be constructed no closer
than five feet from the trunk of the protected tree and the canopy of the tree pruned
appropriately to balance the effect of damage to the roots.
6. No attachments or wires of any kind, other than those of a protective nature, shall be
attached to any protected tree.
7. To accommodate grade changes of six inches or greater, a retaining wall or tree well of
rock, brick, landscape timbers or other approved materials shall be constructed around the
tree no closer than the drip line of the tree. The top of the retaining wall or tree well shall
be constructed at the new grade.
E. Enforcement
1. Any person that removes a protected tree(s) from any real property, including any injury
to a protected tree resulting from the failure to follow required tree protection measures
that causes or may reasonably be expected to cause the tree to die shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished as follows:
a. A monetary penalty of 100 dollars per caliper inch of width of the protected tree(s)
removed, payable to the City of Wylie. Funds paid to the City as tree removal
penalties shall be deposited in a special account or fund and used by the City to
provide and/or support supplemental landscape plantings in public areas of Wylie. Or
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
b. Replacement with new trees having a total tree caliper width equivalent to that of the
removed tree(s). The replacement trees shall have a minimum caliper width of three
inches, measured at six inches above ground level, and a minimum height of at least
six feet, and shall be planted in a location(s) as approved by the City
2. All trees planted as a requirement of this subsection shall meet the standards and
specifications for landscaping provided in Section 7.7 Landscape Requirements.
SECTION 7.7 LANDSCAPE REQUIREMENTS
A. Purpose
The process of urban development with its alteration of the natural topography, vegetation,
and creation of impervious cover can have a negative effect on the ecological balance of an
area by causing increases in air temperatures and accelerating the processes of runoff,
erosion, and sedimentation. The economic base of the City can and should be protected
through the preservation and enhancement of its unique natural beauty, environment, and
vegetative space. This section has the following specific purposes:
1. To implement the Wylie Comprehensive Plan.
2. To aid in stabilizing the environment's ecological balance by contributing to the
processes of air purification, oxygen regeneration, groundwater recharge, and (storm
water) runoff retardation, while at the same time aiding in noise, glare and heat
abatement.
3. To insure that landscaping is an integral part of development, not an afterthought.
4. To provide visual buffering between land uses of differing character to alleviate the
harshness of urban life.
5. To enhance the beautification of the City.
6. To safeguard and enhance property values and to protect public and private investments.
7. To preserve and protect the unique identity and environment of the City of Wylie and
preserve the economic base attracted to the City of Wylie because of these qualities.
8. To conserve energy.
9. To protect the public health, safety and general welfare.
B. Applicability
1. Except as otherwise provided below, these landscape regulations shall apply to all land
located in the City of Wylie. These landscaping requirements shall become applicable to
each individual lot when a site plan is submitted for Commission review or an application
for a building permit on the lot is made. The maintenance requirements in subsection G
of this section shall apply to all applications for building permits.
2. This section does not apply to lots containing only single-family and/or duplex uses
where only one single-family or two-family structure is constructed.
3. This section applies to the following:
a. Multifamily Districts
b. Neighborhood Services Districts
c. Community Retail Districts
d. Commercial Corridor Districts
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
e. Business Center Districts
f. Industrial Districts
g. Planned Development Districts
h. Specific Use Permits
i. Applications for building permits or for certificates of occupancy for a change in use.
j. Applications for building permits for construction work that:
(1) Increases the number of stories in a building on the lot; or
(2) Increases by more than ten percent or 10,000 square feet, whichever is less, the
combined floor areas of all buildings on the lot; or
(3) Increases the non-permeable lot coverage by more than 2,000 square feet.
k. Building permit applications for exterior remodeling with a value equal to or greater
than $10,000.00 exclusive of maintenance and repair.
4. When the ordinance becomes applicable to a lot, its requirements are binding on all
current and subsequent owners of the lot.
5. When establishing or amending a planned development district, or amending a special
use permit, the Council shall, as a minimum, impose landscaping requirements as a part
of any ordinance, that are reasonably consistent with the standards and purposes of this
section. All landscaping requirements imposed by the Council must be reflected in
landscape and irrigation plans that comply in form and content with the requirements of
Subsection C. Submission Requirements.
6. The Board may grant a special exception to the landscaping requirements of this section
upon making a special finding from the evidence presented that strict compliance with
the requirements of this Article will result in substantial financial hardship or inequity to
the applicant without sufficient corresponding benefit to the City and its citizens in
accomplishing the objectives and purposes of this section. The applicant, to be considered
for special exception, must submit a justification statement that describes:
a. Which of the requirements set forth in this section will be met with modifications,
b. Which project conditions justify using alternatives, and
c. How the proposed measures equal or exceed normal compliance.
C. Submission Requirements
1. The landscape and irrigation plans submitted under this section shall:
a. Include 6 folded blue or black line copies for review.
b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or
one inch equals 40 feet, etc) and be on a standard drawing sheet of a size not to
exceed 24 inches by 36 inches. In the event a single sheet is not practicable, multiple
sheets may be used if, on each sheet:
(1) Match lines are indicated; and
(2) A composite drawing is provided that shows the entire proposed development,
location of the match lines, sheet numbers, and the location of the sheet within
the proposed development by the shading in of the appropriate area on the
composite.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
2. Landscape and irrigation plans required under this section must contain the following
information:
a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan.
b. Project name, street address, and lot and block description.
c. Location of all buildings, parking areas, walks, and other improvements.
d. Location, height, and material of proposed screening and fencing (with berm to be
delineated by one-foot contours).
e. The location, type and size of all existing trees on the lot must be specifically
indicated.
f. Complete description of proposed plant materials shown on the plan, including names
(common and botanical name), locations, quantities, container or caliper sizes,
heights, spread, and spacing.
g. Complete description of landscaping and screening to be provided in or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area compared to gross site square feet.
h. Size, height, location, and material of proposed seating, lighting, planters, sculptures,
decorative paving, and water features.
i. Cross section drawing of berms and grading plan showing berm contours.
j. Location of sprinkler heads, valves, double-check valve, water meter, automatic
controller and rain and freeze sensors.
k. Landscape plans shall contain the certification and a stamp of a landscape architect
licensed in the State of Texas that the plans have been reviewed by an architect and
satisfy all requirements of these landscape regulations.
l. Irrigation plans shall contain the certification and stamp of an irrigator licensed by the
State of Texas Board of Irrigators that the plans were prepared by an irrigator and
satisfy all requirements of these landscape regulations.
D. General Requirements
1. Once landscaping is installed according to an approved plan, a landscape architect
licensed in the State of Texas shall review the installation and certify that it is in
accordance with the approved plan.
2. Due to seasonal planting problems and a lack of plant availability, approved landscape
plans may require minor revisions. Revised landscaping plans shall be accepted if:
a. there is no reduction in the quality of plant material,
b. no significant change in size or location of plant materials,
c. the new plants are of the same general category (i.e., shade, ornamental, or evergreen
trees)
d. have the same general design characteristics (mature height, crown spread) as the
materials being replaced.
3. All plant material (including street trees and planting within the public right-of-way) shall
be watered with an automatic irrigation system subject to the following requirements.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
a. Irrigation sprinkler layouts shall be designed to minimize the amount of spray that
will fall on sidewalks, neighboring properties, and adjacent buildings.
b. Backflow prevention devices shall be placed in compliance with City of Wylie
standards.
c. The City encourages the use of water-conserving system design and materials
including the use of drip irrigation where appropriate.
d. Separate valves for turf and non-turf areas shall be installed to accommodate different
water use requirements within the landscaped area.
e. Rain sensors are encouraged to be installed and operational to reduce water use.
4. Landscaping in visibility triangles. No landscaping shall obstruct the view between
access drives and dedicated streets, parking aisles, or access drives of parking lots.
Landscaping within visibility triangles, as defined in subsection 7.8, shall comply with
the following requirements:
a. No plants with a height greater than 2.5 feet are allowed in the visibility triangle,
except single trunk trees with a minimum branching clearance of seven feet from the
ground to the first branch.
b. Trees are to be of a size and so spaced that a visual obstruction that represents a
traffic hazard is not created.
c. Plants shall not reduce or limit visibility to such an extent that a safety hazard is
presented. Plants normally considered as effective screens shall be unacceptable for
use in the visibility triangle.
E. Landscape Design Requirements
Specific landscape requirements are provided in Article 3, Residential District Regulations
and Article 4, Nonresidential District Regulations, Approved landscape plans shall comply
with all base standards and shall meet the desirable design attributes required to gain
approval of a site plan or building permit as specified in Article 3 and 4.
F. Landscape Standards and Specifications
1. Plant Materials. All plant materials should be native or adapted to the north Texas
region. The Director shall maintain and make available for distribution, a list of
acceptable locally-adapted trees and shrubs to meet minimum planting requirements of
these regulations.
2. Plant materials shall conform to the requirements described in the latest edition of
American Standard For Nursery Stock, published by the American Association of
Nurserymen.
3. Plants shall conform to the measurements and specifications listed below, with caliper
measurements taken 12 inches above grade. Minimum branching height for all shade
trees shall be six feet.
a. Minimum size for shade trees shall be three inches in caliper and 14 to 16 feet in
height. Tree heights shall be from tops of root balls to nominal tops of plants.
b. Trees shall be healthy, vigorous, full-branched, well-shaped and symmetrical.
c. Root balls shall be firm, neat, slightly tapered and well-burlapped.
d. Trees shall be free of physical damage such as scrapes, bark abrasions, split branches,
mistletoe or other parasitic growth.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
e. Minimum size for ornamental shade trees shall be three inches in diameter.
f. Minimum size for ornamental flowering trees shall be eight to ten feet in height.
g. Minimum size for evergreen trees shall be eight to ten feet in height.
h. Minimum size for shrub containers shall be five gallon. Substitution of three gallon
material meeting the height requirement of five gallon shrubs is acceptable. Shrubs
shall be full bodied, well-shaped and symmetrical.
i. Ground cover spacing shall be eight inches on center maximum for four-inch pots and
16 inches on center maximum for one-gallon containers.
4. The City shall reject any trees delivered and/or planted not meeting the minimum size
and shape standards set forth above.
5. All shrub beds shall be edged using steel, concrete, masonry, or pre-cast concrete edging
and all plant materials mulched with a two-inch layer of bark or shredded Cypress mulch.
G. Landscape Maintenance
1. All landscaped areas must be kept in a healthy and growing condition. All seasonal
plantings must be replaced at the appropriate time as indicated in the landscape plan. Any
plant materials that die during a time of year where it is not feasible to replant, shall be
replaced as soon as possible.
2. Landscape maintenance includes, but is not limited to, the following:
a. Prompt removal of all litter, trash, refuse and waste;
b. Lawn mowing on a periodic basis during the growing season;
c. Shrub pruning according to accepted practices of landscape professionals to maintain
plants in a healthy condition;
d. Tree pruning according to latest edition of the Tree-Pruning Guidelines published by
the International Society of Arboriculture;
e. Watering of landscaped areas on a regular basis to maintain good plant health;
f. Keeping landscape lighting in working order;
g. Keeping lawn and garden areas alive, free of weeds, and attractive; cleaning of
abutting waterways and landscaped areas lying between public right-of-way lines and
the property unless the streets, waterways or landscaped areas are expressly
designated to be maintained by applicable governmental authority.
3. All required landscaped areas shall be irrigated using one of the following methods:
a. Conventional automatic sprinkler system, installed underground, and using spray and
/or bubble type heads;
b. Drip or leaky-pipe system using an automatic or manual underground system in
conjunction with a water saving system such as drip heads, or leaky-pipes.
c. Landscaped areas using xeriscape plants and installation techniques, including native
grasses and wildflowers may use a temporary above ground irrigation system.
H. Enforcement
1. Any property owner or tenant that fails to meet any of the above maintenance
requirements shall:
a. Be given a written notice of the failure by the City;
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
b. Within ten days after receiving the notice the property owner or tenants must correct
any maintenance shortcomings.
c. Should any property owner fail to fulfill this duty and responsibility within the
required period, the City may:
(1) Revoke any building permits, certificates of occupancy, or other approvals or
permits previously issued for the premises; or,
(2) Withhold approval for building permits, certificates of occupancy, and other
permits or approvals relating to the premises; or
(3) Have the right and power to enter onto the premises and perform care and
maintenance. The property owner and tenants of any part of the premises on
which the work is performed shall jointly and severally be liable for the costs of
the work and shall promptly reimburse the City for the costs. If the property
owner or tenant shall fail to reimburse the City within 30 days after receipt of a
statement for the work from the City, the said indebtedness shall be a debt of all
of said persons jointly and severally, and shall constitute a lien against the
premises on which the work was performed. The lien may be evidenced by an
affidavit of costs filed in the real property records.
2. Any person violating any of the provisions of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in a sum not to exceed
$2,000.00 and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues.
SECTION 7.8 VISIBILITY TRIANGLES
A. Protected Area
A person shall not erect, place, or maintain a structure, berm, plant life, or any other item on
a lot if the item is:
1. In a visibility triangle as defined in paragraph 2 below; and
2. Between the height of 2.5 feet and seven feet, measured from the top of the adjacent
street curb, except as provided in subsection 7.7, Landscape Requirements. If there is no
adjacent street curb, the measurement is taken from the grade of the paved portion of the
street adjacent to the visibility triangle.
B. Visibility Triangle Defined
For the purposes of paragraph 1, above, the term "visibility triangle" means:
1. For all street intersections, the portion of a corner lot within a triangular area formed by
connecting together the point of intersection of adjacent street curb lines (or, if there are
no street curbs, what would be the normal street curb lines) and points on each of the
street curb lines created by a sight line projected from the centerline of the nearest on-
coming travel lane, starting at the minimum sight distance for a stopped vehicle based on
the design speed of the through roadway, corrected for grade, (see chart showing
minimum sight distances and grade correction distances) and a point on the centerline of
the nearest on-coming through lane of the intersecting street, 10 feet inside the curb line;
and
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
2. For alleys and drives intersecting a street, the portion of a lot within a triangular area
formed by connecting together the point of intersection of the edge of a driveway or alley
and an adjacent street curb lines (or, if there are no street curbs, what would be the
normal street curb lines) and points on each of the street curb lines 20 feet from the
intersection, except for single family lots where the distance shall be 10 feet from the
intersection.
Figure 7-4 Visibility Triangles
Figure 7-5 Minimum Sight Distances and Grade Correction Distances
Design Speed
of Through
Roadway
Minimum
Sight Distance
for Stopped
Vehicle
Grade Correction Distance (Feet)
(MPH) (Feet) Speed Upgrade to for Downgrades
3% 6% 3% 6%
25 250 25 0 -10 +10 +20
30 300 30 0 -10 +10 +20
35 350 35 -10 -15 +10 +25
40 400 40 -10 -20 +10 +30
45 450 45 -15 -25 +15 +40
SECTION 7.9 ENVIRONMENTAL PERFORMANCE STANDARDS
A. Purpose
20'
10'
10'10'
10'
Visibility Triangles
controlled intersection
Visibility Triangles
for single family
residential lots.
Street curb line 20'
Alley or
Drive
Visibility
Triangle
Street
except
Right-of-way line
s ig h t lin e
Minimum sight distance sight lineStreet curb line
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
The purpose of this Section is to provide for uniform environmental performance standards
for the control of noise, humidity and heat, and vibration in recognition that:
1. The quality of life in a community is enhanced when free from the nuisances created by
these environmental conditions;
2. The excessive exposure to these environmental conditions can adversely affect the health
and safety of the citizens of the City; and
3. Addressing these environmental issues at the plat and site plan review stage is more
effective than waiting until individual citizens have to complain of adverse impacts and
therefore contributes to the general welfare of the community.
B. Noise
1. General Provisions
a. It shall be unlawful for any person to willfully make, cause to be made, or continued
any unreasonable noise within the City.
b. Any unreasonable noise that is plainly audible as indicated below shall be considered
prima-facie evidence of a violation of this section.
(1) At the property line of a property;
(2) Within 25 feet of the noise source when the noise source is within a vehicle or
on the public right-of-way; or
(3) Through the common wall in a multifamily building.
c. Areas around schools, institutions of learning, churches or courts while the facilities
are in use, or hospitals, nursing homes, or homes for the aged are especially sensitive
to noise. When provided with conspicuous signs displayed on adjacent or surrounding
streets an area containing one of these uses shall be declared a Quiet Zone.
2. Exclusions
a. Activities directly connected with the abatement of an emergency, including
construction activities and authorized emergency vehicles when such vehicles are
responding to an emergency call or when in pursuit of an actual or a suspected
violator of the law or when responding to, but not returning from a fire, are excluded
from the provisions of this section.
b. Bells and chimes, or any device for the production or reproduction of the sound of
bells or chimes from any church, school, or clock, operated between the hours of 7:00
a.m. and 10:00 p.m. are excluded from the provisions of this Section.
c. Firework displays, which otherwise comply with the Code of the City, are excluded
from the provisions of this Section.
d. Activated burglar alarms, which otherwise comply with the Code of the City, are
excluded from the provisions of this Section.
3. Noise Sound Level Standards
a. Sound pressure levels shall be measured at the approximate location of the property
line, at a height of at least four feet above the immediate surrounding grade, on a
sound level meter of standard design and operated on the A network.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
b. The maximum permissible sound pressure levels of any continuous source of sound is
given in the Table 7-6, Sound Pressure Level Limits. Sound pressure levels in excess
of these limits are considered an unreasonable noise and are prohibited.
Figure 7-6 Sound Pressure Level Limits
District dB(A) during the
Day
7:00 a.m. to 7:00 p.m.
dB(A) during the
Night
7:00 p.m. to 7:00
a.m.
All residential districts 55 50
Nonresidential districts except
Industrial
60 55
Industrial districts 80 75
C. Humidity and Heat
1. Any humidity in the form of steam or moist air or any heat from any activity shall be
regulated controlled, and contained so as to not create a nuisance or hazard to
neighboring properties and their occupants and to those who pass on public rights-of-
way.
2. No heat shall be sensed at the property line to the extent of raising the temperature of air
or materials more than 5 degrees Fahrenheit (5°F) above ambient air temperatures.
D. Vibration
1. No use, activity or operation shall produce a vibration at a property line on which the use,
activity or operation is conducted, that exceeds a particle velocity of 0.2 inches per
second.
2. The instrument used for measuring vibration shall be a three component measuring
system capable of simultaneous measurement of vibration in three mutually
perpendicular directions. The maximum particle velocity shall be the vector sum of the
three individual components recorded.
ARTICLE 7: GENERAL DEVELOPMENT REGULATIONS
ZONING ORDINANCE
ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES
SECTION 8.1 ZONING-RELATED APPLICATIONS
A. General
1. Filing of an Application
a. Pre-application Conference
(1) An applicant for a change in zoning is encouraged to request a pre-application
conference with the Director prior to formal application.
(2) At the pre-application conference, the applicant should present a draft concept
plan with as much detail as possible.
(3) Based on the information presented, the Director will provide initial comments
concerning the merits of the proposed development and inform the applicant of
any additional requirements for preparation of the formal zoning application.
b. Application Requirements. No application shall be reviewed which is not complete
and accompanied by the payment of fees as established in this Code or other
ordinances of the City of Wylie. All applications shall be filed with the City on forms
available from the City of Wylie.
c. Timing. Completed applications for rezoning shall be submitted at least eight weeks
prior to the first scheduled hearing date. Completed applications for site plan and
development plan approval shall be submitted at least four weeks prior to the first
scheduled hearing date.
2. Submission of Plans
a. Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared
by a registered architect, engineer, landscape architect, or certified city planner.
b. Quantity Required. The applicant shall submit the following quantities of submittals
in support of an application in order to provide for adequate review of the application:
(1) Six copies of all plans, elevations and other drawings that form the submittal, no
larger than 24” x 36”.
(2) One copy of the Application form and 8 1/2" x 11" photographic reduction of
the drawings, including a legal description of all tracts involved in the
application.
(3) One copy of the Development Schedule, Preliminary Service plan, Draft
Development Agreement and any other supporting material as may be required.
3. Posting property for zoning changes.
Any person, firm or corporation requesting a change in zoning from one district
classification to another district classification shall be required to place and maintain a
sign or signs, provided by the Planning Department, upon the property for which a
change in zoning has been requested, which sign or signs shall be located as follows:
a. One sign for the first three hundred (300) feet of each street frontage and one sign for
each additional one thousand (1,000) feet of street frontage, shall be located within
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
thirty (30) feet of the abutting street, or as determined by the Director of the Planning
Department or his/her designee.
b. So as to be clearly visible and readable from the public right-of-way and not
obstructed in any manner.
c. So as not to create a hazard to traffic on the public rights-of-way abutting the
property.
d. On the subject property at least fifteen (15) days prior to the hearing of such zoning
request by the Planning and Zoning Commission, and to remain continuously on said
property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant after a recommendation by the
Planning and Zoning Commission shall constitute a withdrawal of the request.
e. The signs, caused to be placed by the Planning Department shall be of a size, type,
and message content as determined by the Director of the Planning Department but
shall advise the rezoning is requested and shall list the telephone number of the
Department of Planning for more information.
f. Upon making an application for a zoning change, the Applicant will place sign(s)
provided by the Planning Department as required by this section. After the zoning
change is approved in final form by the City Council, denied by the City Council, or
withdrawn by the applicant, the Applicant shall return the sign to the Planning
Department within ten (10) days of such event.
g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a
sign which gives notice that a rezoning has been requested.
h. In the event the applicant shall fail to place or maintain signs in accordance with
Section 8.1.A.3, then the public hearing(s) before either the Planning and Zoning
Commission or the City Council, shall be postponed to a date in the future which
would allow time for compliance.
i. The erection of any sign required by this section shall not require a permit under the
city sign ordinance.
j. The owner or applicant shall promptly notify the Planning Department to replace any
sign required by this ordinance which becomes stolen or vandalized and a police
report must be filed. The Planning shall have the power to decide whether or not there
has been substantial compliance with the posting requirements in the case of stolen or
vandalized signs.
k. Failure to return the sign in accordance with this Ordinance shall result in a fee of
$100.00 charged to the applicant. No building permit or certificate of occupancy will
be issued until all fees have been satisfied.
B. Rezoning Applications
Approval of a concept plan shall be required in connection with any request for zoning unless
that zoning request is at the initiation of the City. All subsequent site plans shall be in
conformity with the approved concept plan.
C. Required Concept Plan
1. Applicability
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
a. Concept plans shall comprise part of the zoning on the site, and changes to concept
plans shall constitute a change in zoning.
b. If, in the opinion of the Director, a site plan does not conform to the concept plan
approved by the City, the applicant shall either seek approval of a revised concept
plan (through re-zoning) or submit a revised site plan.
2. Purpose
The purpose of a concept plan is to provide the City with the information and data that is
necessary to assess the merits of the development, to properly plan for services in the
City, and to ensure that developments are consistent with the comprehensive plan,
thoroughfare plan and open space plan.
3. Concept Plan Content
a. General. All plans must include date, appropriate engineering scale, north arrow,
vicinity map, and the names, addresses and telephone numbers of both the property
owner and the individuals preparing the plans.
b. Site Features. The site analysis shall be prepared which describes existing natural
features such as contours at not less than 2 foot intervals, trees over 6” in caliper,
drainage ways and other water features and physical improvements by including the
following items:
c. Concept Plan. The concept plan shall include the following:
(1) A metes and bounds description of the overall tract.
(2) Conceptual representation of proposed use(s) and generalized representation of
proposed improvements.
(3) Identification of all areas to be dedicated to the City or to have public
easements, such as roadways, utilities, open space and drainage areas.
(4) General indication of how the proposed development will be able to achieve the
desirable requirements for applicable design standards required in this
ordinance.
(5) Location of all proposed screening between the site and adjacent property.
(6) Indication of each phase of development if separate phases are proposed.
(7) The location of collector roadways proposed in the development, right-of-way
widths, and the location of collector access points to abutting streets and
highways.
4. Other Materials
Other material that may be submitted in support of the application:
a. Draft development agreement and any covenants, conditions, restrictions and
agreements which govern the construction, use, maintenance and operation of
roadways, parks, open space, drainage areas and facilities.
b. A preliminary geo-technical report that addresses soil, subsurface and slope
conditions that may affect development.
c. Traffic study showing the project's impact on roadway and intersection capacity.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
d. A development schedule indicating the appropriate date on which construction is
expected to begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the Commission, shall become
part of the development plan and shall be adhered to by the owner, developer, and his
successors in interest.
D. Required Site Plan
1. Applicability
a. Site plans are required for all developments except single family lots. The subdivision
plat for single family development will be considered the site plan. Site plans shall be
accompanied by a proposed development schedule. No development may occur, or
building permit be approved on a site which does not conform to the approved site
plan.
b. Site plans shall be approved by the Commission, and shall be considered part of the
development requirements for that site. A change to the site plan shall be considered a
change in zoning in a planned development district.
2. Purpose
The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the
City are adhered to; that sensitive environmental issues such as slopes and vegetation are
accommodated; and that services and facilities necessary to support the proposed
development will be available on an appropriate time schedule.
3. General
a. No construction or development within a district that requires a site plan may
commence, and no building permit may be issued unless the Commission has
approved a site plan.
b. Where a concept plan has been approved as part of the zoning, all site plans must be
in conformity with that approved concept plan.
c. No public notification is required for consideration of a site plan, or amendment,
beyond posting as an agenda item for the Commission. This provision does not apply
to PD site plans, which must be notified.
d. Site plans are required to demonstrate the manner in which the development will
achieve the desirable requirements for design standards required in this ordinance.
The review of the design standards required in this ordinance is subject to the
following:
(1) The manner in which the plan achieves the desirables are at the discretion of the
developer.
(2) The Staff and Commission may suggest alternative ways to achieve the required
desirables, but may not deny a site plan solely on the basis of how the desirables
are achieved.
(3) The Staff and Commission shall determine that the required desirables have
been achieved with the site plan.
4. Site Plan Content
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
a. Size. Required site plans shall be prepared on a standard sheet size not to exceed 24”
x 36”, and at an engineering scale of 1"=100' or larger. Required site plans shall be
prepared by registered engineer, architect or landscape architect. In the event a single
sheet is not practicable, multiple sheets may be used if, on each sheet:
(1) Match lines are indicated; and
(2) A composite drawing is provided that shows the entire proposed development,
location of the match lines, sheet numbers, and the location of the sheet within
the proposed development by the shading in of the appropriate area on the
composite.
b. General Information Required
(1) North Arrow;
(2) Total site acreage;
(3) Submission date;
(4) Scale (written and graphic);
(5) Vicinity map;
(6) Names, addresses and telephone numbers of designer, engineer, developer and
owner;
(7) Accurate survey of the boundaries of the site with the location of proposed land
uses;
(8) Adjacent subdivision names and property lines; and
(9) Adjacent land uses and structures.
c. Structures
(1) Location, dimensions and use of all existing facilities and proposed building
sites;
(2) Setback and separation distances between building sites;
(3) Proposed construction type and facade materials for all non-residential buildings
(the Commission may require elevations and perspective drawings);
(4) Proposed density of each use;
(5) Proposed location of screening along the collector roadways shown on the
thoroughfare plan.
d. Streets and Sidewalks
(1) Location and width of all rights-of-way and easements;
(2) Location and dimensions of all pavement and curbing;
(3) Location and width of all sidewalks;
(4) Location and width of all ingress/egress points;
(5) Location and width of all medians and median breaks; and
(6) Location of any special traffic regulation facilities.
e. Off-Street Parking and Loading Areas
(1) Number, location and dimension of spaces;
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(2) Type of surface material of parking facility;
(3) Dimension of aisles, driveways, maneuvering areas and curb return radii;
(4) Distance between spaces and adjacent rights-of-way;
(5) Location of all existing and proposed fire lanes and hydrants; and
(6) Proposed lighting plan.
f. Landscaping
(1) Location and size of major tree groupings and existing hardwood trees greater
than 6" caliper, noting whether they are to be removed or retained;
(2) Location and size of proposed plant materials, including paving;
(3) Number and type of each landscape element;
(4) Height and type of all fencing or buffering;
(5) Height of all planters, sculptures and decorative screens;
(6) Location and type of trash receptacle screening;
(7) Location and type of lighting for streets, signage and parking areas; and
(8) Location of visibility triangles where required.
g. Geo-technical
(1) Geo-technical report on soils, subsurface and drainage that demonstrates
conformity with the City's objectives;
(2) Direction of water flow;
(3) Quantity of on and off-site water generation;
(4) Topographic contours at a minimum of 5 foot intervals;
(5) Points of concentrated water discharge; and
(6) Areas where special design and construction may be necessary due to slope or
soil conditions.
h. Preliminary Service Plan
(1) A preliminary drainage plan of the area showing the size and location of each
existing and proposed drainage way and retention or detention area.
(2) The proposed method of providing water and sewer utilities.
i. Tabulation of Desirables Requirements for Design Review
(1) Each site plan submission shall present, in tabular form, the manner in which
the applicant feels that the site plan meets required desirables for Design
Standards specified in this ordinance.
(2) Tabulations shall cross reference drawings or details on drawings to facilitate
review.
(3) The Director will review and certify that the required desirables have been
achieved.
5. Site Plan Review and Approval
a. Review of Site Plans
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(1) Site plans shall be reviewed by the Commission. Based upon its review, the
Commission may approve, conditionally approve, request modifications or deny
approval of the site plan based on evaluation of the site plan details with respect
to criteria in this subsection.
(2) In cases where site plan approval included provisions which must be approved
by the Council, Commission approval of the site plan shall be referred to the
Council for this action.
(3) Site plans that meet the required desirables for design review may not be denied
on the bases of how they were achieved. The Commission may explore with the
applicant the rationale for the manner in which the desirables were achieved and
may discuss alterations the applicant would be willing to make that would
improve the projects accomplishment of City goals and objectives.
b. Appeal of Planning Commission Decision
(1) An appeal to the Council of the Commission's decision may be made if filed by
the applicant in writing with the Planning Department not more than seven days
after the date of the action taken by the Commission.
(2) The appeal shall state all reasons for dissatisfaction with the action of the
Commission.
(3) A three fourths majority vote by the Council is required to approve,
conditionally approve, or modify the site plan, otherwise the decision of the
Commission stands.
c. Review Criteria
Site plans may have additional stipulations placed on them by the Commission, under
the appeal process. In approving or denying a site plan under this Article, the
following criteria shall be considered:
(1) The extent to which the site plan fulfills the goals, objectives and standards in
the City’s Comprehensive Plan, Thoroughfare Plan, and other City policies and
ordinances.
(2) The fact that the site plan achieves the desirables to satisfy design standards
required in this ordinance.
(3) Safety of the motoring and pedestrian public using the facility and area
surrounding the site.
(4) Safety from fire hazards and measures of fire control.
(5) Protection from flooding and water damage.
(6) Noise and lighting glare effects on adjacent neighbors.
(7) Relations of signs to traffic control and their affect on adjacent properties.
(8) Adequacy of streets to accommodate the traffic generation of the proposed
development.
(9) Adequacy of off-street parking and loading facilities for the uses specified.
(10) Landscaping and screening provisions appropriately designed.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(11) Sitting structures and other improvements relative to required setbacks, height
limitations, and other density and dimensional requirements.
(12) The environmental impact of the proposed development on the natural resources
on site and on surrounding properties and neighborhoods.
(13) Such other measures as might secure and protect the public health, safety,
morals and general welfare.
d. Effect of Site Plan Approval
(1) If development of a lot with an approved site plan has not commenced within
two years (in accordance LGC 245.005) of the date of final approval of the site
plan, the site plan shall be deemed to have expired, and a review and re-
approval of the approved site plan by the Commission shall be required before a
building permit may be issued.
(2) Extensions of the approval of the site plan may be granted by the Commission
for a six month period, if:
(a) There has been no related change in the City’s development requirements
since the last approval.
(b) There has been no change in the area surrounding the site since the last
approval. and,
(c) There is no change in the site plan as originally approved.
(3) There is no limit to the number of extensions a property owner may request.
(4) If any of the above conditions are not met, the site plan shall require review and
re-approval.
(5) The review and approval shall be undertaken under the same procedures as a
new submission and shall take into account all changes to applicable ordinances
and other conditions which have occurred subsequent to the prior approval of
the site plan.
E. Processing Amendments to Approved Applications
1. Amendments to all applications and approvals shall be processed in the same manner as
the original application. However, the applicant shall submit a summary of all elements
that are proposed to be changed along with the revised plans and application.
2. Notwithstanding the above, the Director may approve minor modifications in an
approved site plan or PD site plan administratively, provided that they do not:
a. Alter the basic relationship of proposed development to adjacent property;
b. Change the uses permitted;
c. Increase the maximum density, floor area, or height;
d. Decrease the amount of off-street parking, unless parking remains sufficient in
number and conforms to ordinance requirements;
e. Reduce the minimum yards or setbacks; or
f. Detrimentally change or alter the characteristics of the elevational drawings or site
plan as approved, but rather allow for some flexibility in minor modification to same.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
SECTION 8.2 CREATION OF BUILDING SITE
Prerequisite for Issuance of a Building Permit. No permit for the construction of a building or
buildings upon any tract shall be issued until a building site, building tract, or building lot has
been created by compliance with the following conditions:
A. The lot or tract is a part of a plat of record properly approved by the Commission, and filed in
the plat records of the appropriate county of record; except where the tract or lot faces upon a
dedicated street and was separately owned, prior to February 25, 2003 or prior to annexation
(whichever is applicable), and in such excepted event the exception shall apply only for one
main building which shall otherwise comply with the requirements of the Wylie Zoning
Ordinance, on a onetime basis; and
B. The lot or tract has complied with the requirements for site plans, as set forth in the
Ordinance, to the extent applicable; and
C. The lot or tract is accessed by a public street or public drive.
SECTION 8.3 PLATTING PROPERTY NOT PERMANENTLY ZONED
A. The Commission shall not approve any plat of any subdivision within the city limits of the
City of Wylie until the area covered by the proposed plat has been permanently zoned by the
City.
B. The Commission shall not approve any plat or any subdivision within any area where a
petition or ordinance for annexation or a recommendation for annexation to the City of Wylie
is pending before the Council unless and until such annexation has been approved by
resolution of the Council. All annexed land areas shall be zoned Agricultural/30 (AG/30)
upon coming into the City.
SECTION 8.4 ZONING BOARD OF ADJUSTMENT
A. Organization and Procedure
1. Establishment. The Zoning Board of Adjustment is established in accordance with the
provisions of The Local Government Code § 211.008, regarding the zoning of cities and
with the powers and duties as provided in those statutes. The purpose of the Board is to
review and act on, in public hearings, requests for variances and special exceptions to the
terms of this Zoning Ordinance that are consistent with the general purposes and intent of
the Ordinance.
2. Membership. The Board shall consist of five citizens each to be appointed or
reappointed by the Mayor and confirmed by the Council, for staggered terms of two years
respectively. Each member of the Board shall be removable for just cause by Council
upon written charges and after public hearings. Vacancies shall be filled by the Council
for the unexpired term of any member whose term becomes vacant. The Board shall elect
its own chairperson, who shall serve for a period of two years or until his or her successor
is elected. The Council may appoint four alternate members of the Board who shall serve
in the absence of one or more regular members when requested to do so by the Mayor or
City Manager. These alternate members, when appointed, shall serve for the same period
as regular members and any vacancies shall be filled in the same manner, and they shall
be subject to removal as regular members.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
3. Rules and Regulations. The Board shall adopt rules and regulations and keep minutes of
its proceedings, showing the vote of each member or the fact that a member is absent or
fails to vote. The Board shall adopt from time to time such additional rules and
regulations as it may deem necessary to carry into effect the provisions of the ordinance
and shall furnish a copy of the rules and regulations to the Director, all of which rules and
regulations shall operate uniformly in all cases. All of its resolutions and orders shall be
in accordance with the rules and regulations. All proceedings of the Board shall be public
record, and all meetings shall be open to the public.
4. Meetings. Meetings of the Board shall be held at the call of the chairman and at such
other times as the Board may determine. The chairman or acting chairman may
administer oaths and compel the attendance of witnesses. All meetings, hearings or
proceedings shall be heard by at least four members of the Board.
B. Initiation
1. The Board may initiate a public hearing on issues within the Board's jurisdiction. A
Board initiated public hearing shall comply with the procedures in this section.
2. Any aggrieved person, or an officer, or department of the City may appeal a denial of a
building permit; or an interpretation, exception, or variance request from the development
code to the Board, unless a different appeal process is specifically provided in this
chapter.
a. An appeal to the Board shall be made within 10 days after denial of a building permit
or written notice of an interpretation of the development code.
b. The applicant shall file with the Director a written notice of appeal on a form
approved by the Board.
c. The Director shall prepare the record of City action that is being appealed for
consideration by the Board.
3. Any aggrieved person, or an officer, or department of the City may apply for a variance
from a provision of the development code to the Board, unless a different variance
process is specifically provided in this Article.
C. Authority of the Board
1. Subpoena Witnesses. The Board shall have the power to subpoena witnesses, administer
oaths and punish for contempt, and may require the production of documents, under
regulations as it may establish.
2. Appeals Based on Error. The Board shall have the power to hear and decide appeals
where it is alleged there is an error of law in any order, requirement, decision or
determination made by an administrative official in the enforcement of this ordinance.
3. Variances. Authorize in specific cases a variance from any term of a zoning ordinance if
the variance is not contrary to the public interest and, due to special conditions of the site,
a literal enforcement of the ordinance would result in unnecessary hardship, and so that
the spirit of the ordinance is observed and substantial justice is done.
4. Other Areas of Authority. The Board may:
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
a. Permit the erection and use of a building or the use of premises for railroads if the
uses are in general conformance with the master plan and present no conflict or
nuisance to adjacent properties.
b. Permit a public utility or public service or structure in any district, or a public utility
or public service building of a ground area and of a height at variance with those
provided for in the district in which the public utility or public service building is
permitted to be located, when found reasonably necessary for the public health,
convenience, safety, or general welfare.
c. Grant a permit for the extension of a use, height or area regulation into an adjoining
district, where the boundary line of the district divides a lot in a single ownership on
the effective date of this ordinance.
d. Permit the reconstruction of a nonconforming building which has been damaged by
explosion, fire, act of God, or the public enemy, under the provisions contained in
Article 9, Nonconforming Uses and Structures.
e. Waive or reduce the parking and loading requirements in any of the districts,
whenever the character or use of the building is such as to make unnecessary the full
provision of parking or loading facilities, or where such regulations would impose an
unreasonable hardship upon the use of the lot, as contrasted with merely granting an
advantage or a convenience.
D. Appeal Procedures
1. Record. The office or department from which the appeal is taken shall transmit to the
Board all of the minutes constituting the record upon which the action appealed from was
taken.
2. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action
appealed unless the Director certifies to the Board that, by reason of facts in the
certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a court of record, after notice to the office from whom
the appeal is taken and on due cause shown.
3. Notice of Hearing on Appeal. The Board shall fix a reasonable time for the hearing of
the appeal or other matters referred to it, shall give public notice of the hearing, and shall
mail notices of the hearing to the petitioner and to the owners of property lying within
200 feet of any point of the lot or portion of the lot on which a variation is desired, and to
all other persons deemed by the Board to be affected by the appeal. The owners and
persons shall be determined according to the current tax rolls of the City. Depositing of
the written notice in the mail shall be deemed sufficient compliance to the notification
requirements.
4. Decision by Board. The Board shall decide the appeal within a reasonable time. Upon
the hearing, any party may appear in person or by agent or attorney. The Board may
reverse or affirm wholly or partly or may modify the order, requirements, decisions or
determination as in its opinion ought to be made to the premises and, to that end, shall
have all powers of the officer or department from whom the appeal is taken.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
5. Concurring Vote. The concurring vote of 75 percent of the members of the Board shall
be necessary to reverse any order, requirement, decision or determination of any
administrative official, or to decide in favor of the applicant on any matter upon which it
is required to pass under this ordinance or to affect any variance in the ordinance.
6. Standards Used in Hearing an Appeal
a. The Board in hearing an appeal from an interpretation of the development code shall
consider:
(1) The technical meaning of the provision being appealed;
(2) Evidence of the manner in which the provision has been interpreted in the past;
(3) The positive or negative impact of the requested appeal on the achievement of
stated City development goals and objectives; and
(4) The intent of the provision in implementing the Comprehensive Plan.
b. In approving a requested interpretation of the development code, the Board shall
provide a written record of its findings and the Staff shall use it to propose
amendments that address future interpretation problems.
E. Variance Procedures
1. Pending Action. An application or request for a variance shall not be heard or granted
with regard to any parcel of property or portion of property upon which a concept plan,
detail site plan or development plan, preliminary plat or final plat, when required by this
ordinance for any parcel of property or portion of property, has not been finally acted
upon by both the Commission and the Council. The administrative procedures and
requirements of this ordinance, with regard to Commission consideration and action, on
concept plans, detail site plans, preliminary plats and final plats, must be exhausted prior
to requesting a variance from the terms of this ordinance.
2. Variances Based on Hardship. The Board shall have the power to authorize upon appeal
in specific cases a variance from the terms of this ordinance as will not be contrary to the
public interest, where, owing to special conditions, a literal enforcement of the provisions
of this ordinance will result in unnecessary hardship and so that the spirit of this
ordinance shall be observed and substantial justice done, including the following:
a. Permit a variance in the yard requirements of any district where there are unusual and
practical difficulties or unnecessary hardships in the carrying out of these provisions
due to an irregular shape of the lot, topographical or other conditions, provided the
variance will not seriously affect any adjoining property or the general welfare.
b. Authorize upon appeal, whenever a property owner can show that a strict application
of the terms of this ordinance relating to the construction or alterations of buildings or
structures will impose upon him or her unusual and practical difficulties or particular
hardship, such variances from the strict application of the terms of this ordinance as
are in harmony with its general purpose and intent, but only when the Board is
satisfied that a granting of the variation will not merely serve as a convenience to the
applicant, but will alleviate some demonstrable and unusual hardship or difficulty so
great as to warrant a variance from the standards or regulations established by this
ordinance and, at the same time, the surrounding property will be properly protected.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
3. Submittal Requirements. A written application for variance shall be submitted with a
fee, accompanied by an accurate legal description, maps, site plans, drawings and any
necessary data, demonstrating:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures,
or buildings in the same district.
b. That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district under
the terms of this ordinance.
c. That the special conditions and circumstances do not result from the actions of the
applicant.
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures or buildings in the
same district.
4. Standards Used in Hearing a Variance Request
a. The Board shall not grant a variance to the development code which:
(1) Permits a land use not allowed in the zoning district in which the property is
located; or
(2) Is in the public right-of-way or on public property; or
(3) Alters any definition of the development code; or
(4) Is other than the minimum variance that will afford relief with the least
modification possible to the requirements of the development code; or
(5) Is based on physical conditions or circumstances of the property so general or
recurring in nature as to reasonably make practicable the formulation of a
general regulation to be adopted as an amendment to the development code; or
(6) Is based exclusively on findings of personal or financial hardship.
b. In order to grant a variance to the development code the Board shall find that all the
following have been satisfied:
(1) That there are unique physical circumstances or conditions of the lot, or other
exceptional physical condition particular to the affected property;
(2) That because of these unique physical circumstances or conditions, the property
cannot be reasonably developed or used in compliance with the provisions of
the development code;
(3) That due to such unique physical circumstances or conditions, the strict
application of the development code would create a demonstrated hardship;
(4) That the demonstrable hardship is not self-imposed;
(5) That the variance if granted will not adversely affect the proposed development
or use of adjacent property or neighborhood;
(6) That the variance, if granted will not change the character of the zoning district
in which the property is located;
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(7) That the variance, if granted is in keeping with the intent of the development
code; and
(8) That the variance, if granted will not adversely affect the health, safety or
welfare of the citizens of Wylie.
c. Convenience, profit or caprice shall not constitute undue hardship.
d. This section shall not apply to variances related to signs and advertising devices.
e. The Board may impose any reasonable conditions on the issuance of a variance and
may amend the variance from that requested.
f. No nonconforming use of neighboring lands, structures, or buildings in the same
district and no permitted use of lands, structures, or buildings in other districts shall
be considered grounds for the issuance of a variance.
g. The Board shall have no authority to change any provisions of this ordinance and its
jurisdiction is limited to the scope of authority indicated in this Article. The Board
may not change the district designation of any land.
F. Public Notice
1. The Board shall hold a public hearing on all applications and appeals.
2. Notice of the public hearing shall be provided by:
a. Publication in a newspaper of general circulation in the community at least 10 days
prior to the public hearing; and
b. In the case of variances to the development code, giving proper notice to property
owners within 200 feet of the property requesting the variance.
G. Board Action
1. The applicant or the appellant has the burden of proof to establish the necessary facts to
warrant favorable action of the Board.
2. The Board shall have all the powers of the Director, Building Official, or applicable City
official on the action appealed from. The Board may in whole or in part affirm, reverse,
or amend the decisions of the Director, Building Official, or applicable City official.
3. The Board may impose reasonable conditions in its order to be complied with by the
appellant in order to further the purposes and intent of this chapter.
4. No single decision of the Board sets a precedent. The decision of the Board shall be made
on the particular facts of each case.
5. The appellant shall act on an approved variance or interpretation within 90 days from the
date of the favorable action of the Board or an extended period specifically granted by the
Board at the time of the hearing. If the appellant fails to act within the time period, the
action of the Board is void and the appellant shall begin the appeal process or variance
process anew.
H. Appeals to Board Action
Appeals to decisions of the Board shall be made to a district court.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
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 of a building erected or structurally altered.
2. Change in use 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 of a nonconforming use.
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 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.
D. Contents
Every Certificate of Occupancy shall state that the building or the proposed use of the
building or land complies with all 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.
E. 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.
F. Certificates for Nonconforming Uses
A Certificate of Occupancy for all nonconforming uses is required by Article 9, Section 9.3.
SECTION 8.6 CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES AND
DISTRICTS AND ADMINISTRATIVE PROCEDURES
A. Declaration of Policy
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
The City declares the enactment of these regulations governing the use and development of
land, buildings, and structures as a measure necessary to the orderly development of the
community. Therefore, no change shall be made in these regulations or in the boundaries of
the zoning districts except:
1. To correct any error in the regulations or map.
2. To recognize changed or changing conditions or circumstances in a particular locality.
3. To recognize changes in technology, the style of living, or manner of doing business.
B. Authority to Amend Ordinance
The Council may from time to time, after receiving a final report by the Commission and
after public hearings as required by law, amend, supplement, or change the regulations
provided in this ordinance or the boundaries of the zoning districts. All amendments shall be
effective only upon passage of an ordinance making the appropriate amendments.
C. Public Hearing and Notice
Prior to making its report to the Council, the Commission shall hold at least one public
hearing on each application. Written notice of all public hearings on proposed changes in
district boundaries shall be sent to all owners of property located within the area of
application and within 200 feet of any property affected by the zoning change, within not less
than 10 days before the hearing is held. The notice may be served by using the last known
address as listed on the City tax rolls and depositing the notice, postage paid, in the United
States mail. Notice of hearings on proposed changes in the text of the Zoning Ordinance shall
be accomplished by one publication not less than 15 days prior to the public hearing in the
official newspaper of the City. Notices for the public hearing before the Council will also be
published at the same time notice of the Commission meeting is published.
D. Commission Consideration and Report
The Commission, after the public hearing is closed, shall prepare its report and
recommendations on the proposed change stating its findings, its evaluation of the request
and of the relationship of the request to the Comprehensive Plan. The Commission may defer
its report for not more than 90 days until it has had the opportunity to consider other
proposed changes which may have a direct bearing on the change. In making its
determination, the Commission shall consider the following factors:
1. Whether the uses permitted by the proposed change will be appropriate in the immediate
area concerned and their relationship to the general area and the City as a whole.
2. Whether the proposed change is in accordance with any existing or proposed plans for
providing public schools, streets, water supply, sanitary sewers and other utilities to the
areas and shall note the findings.
3. The amount of vacant land currently classified for similar development in the vicinity and
elsewhere in the City, and special circumstances which may make a substantial part of
the vacant land unavailable for development.
4. The recent rate at which land is being developed in the same zoning classification as the
request, particularly in the vicinity of the proposed change.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
5. How other areas designated for similar development will be, or are unlikely to be,
affected if the proposed amendment is approved, and whether the designation for other
areas should be modified also.
6. Any other factors which will substantially affect the health, safety, morals or general
welfare of the residents of the City.
E. Council Consideration
1. Proposal Recommended for Approval. Every proposal which is recommended
favorable by the Commission shall be forwarded to the Council for setting and holding of
the public hearing on the case. No change, however, shall become effective until after the
adoption of an ordinance for the change and its publication as required by law.
2. Proposal Recommended for Denial. When the Commission determines that a proposal
should be denied, it shall report the recommendation to the Council and notify the
applicant. When a proposed zoning request is heard by the Council that has been denied
by the Commission, a three-fourths majority vote by the Council shall be required for
approval. A request which has been denied by the Commission and/or Council may be
resubmitted as a new request at any time for reconsideration by the City (a new filing fee
must accompany the request.)
3. Denial of the Request with Prejudice. The Commission and/or Council may deny any
request with prejudice. If a request has been denied with prejudice the same or
substantially similar request may not be resubmitted to the City for one year from the
original date of denial.
4. Council Hearing and Notice. Notice of Council hearings shall be given by publication at
the same time notice is given for the Commission public hearing in the official newspaper
of the City, stating the time and place of the hearing. Notice shall be placed in the
newspaper at least 15 days prior to the date of the public hearing.
5. Three-fourths Vote. A favorable vote of three-fourths of the Council shall be required to
approve any change in zoning when written objections are received which comply with
the provision of the state laws commonly referred to as the “20 percent rule.” If a protest
against a proposed amendment, supplement or change has been filed with the City
Secretary, duly signed and acknowledged by the owners of 20 percent or more, either of
the area of lots included in the proposed change or those immediately adjacent to the area
of the proposed change and extending 200 feet from the street frontage of the opposite
lots, the amendments shall not become effective except by a three-fourths vote of the
Council.
F. Final Approval and Ordinance
Upon approval of the zoning request by the Council, preparation of the amending ordinance
shall begin immediately. The amending ordinance shall be ready for Council action within
30 days. At any time prior to consideration of the amending ordinance, the zoning request, at
the option of the Council, may be recalled for a new public hearing.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
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 offstreet 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.
ARTICLE 9: NONCONFORMING USES AND STRUCTURES
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 NONCONFORMING USES OF LAND
A. NONCONFORMING USES
1. 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.
2. 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.
3. 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.
B. NONCONFORMING STRUCTURES
1. A legal nonconforming structure may continue to be occupied, upon receipt of a
certificate of occupancy, except as herein otherwise provided.
2. 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.
3. 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 OF 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
ZONING ORDINANCE
D. A nonconforming structure shall not be added to enlarge 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 shall cease and the use shall be terminated 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:
1. When land used for a legal nonconforming use shall cease to be used in such manner for
a period of six (6) months; or
2. When a building or other structure designed or used for a nonconforming use shall cease
to be used in such manner 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 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 non-conforming structure or to maintain or operate a
nonconforming use has been terminated by the Board.
H. A nonconforming structure which is damaged or partially destroyed by fire, flood, wind,
explosion, earthquake, or other calamity or act of God shall not be again restored, rebuilt or
used if the expense of such restoration exceeds seventy-five (75) percent of the
repair/replacement cost of the structure at the time such damage occurred. Whenever a
nonconforming structure is damaged in excess of seventy-five (75) percent of its replacement
cost at that time, the repair or reconstruction of such structure shall conform to all the
regulations of the 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 within a definite time period. The
ARTICLE 9: NONCONFORMING USES AND STRUCTURES
ZONING ORDINANCE
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 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. Owner Occupied Single-Family Residential Property. 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 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 months of the destruction and the reconstruction is
completed within one year of the date of permit issuance. The continued occupancy shall be
conditioned upon compliance with and subject to applicable health and safety regulations.
ARTICLE 9: NONCONFORMING USES AND STRUCTURES
ZONING ORDINANCE
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.
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
A. If a nonconforming structure is partially damaged or destroyed, meaning the expense of such
restoration does not exceed seventy-five (75) percent of the repair/replacement cost 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 year of the event damaging or destroying the
structure. The Board may extend the one-year time period, if the owner shows that he has
intended to rebuild the property.
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
ZONING ORDINANCE
ARTICLE 10 DEFINITIONS
SECTION 10.1 GENERAL
Terms which are used in this Ordinance and are not specifically defined shall be given their ordinary
meaning, unless the context requires or suggests otherwise. In the case of ambiguity or uncertainty
concerning the meaning of a particular term, whether or not defined, the Director and staff of the
Department shall have the authority to assign an interpretation which is consistent with the intent and
purpose of this Ordinance, or an interpretation which is consistent with previous usage or interpretation.
SECTION 10.2 WORDS AND TERMS DEFINED
Accessory structure means structures which are incidental to, and located on the same lot as, a principle
building(s) including but not limited to, trash enclosures, sign structures, fences, walls, wind-powered
systems and similar structures.
Alley means a right of way which provides secondary access to adjacent property, generally in the rear of
the property and used for the purpose of service access and not intended for general travel.
Basement means any level of a building where more than one half of the vertical distance between floor
and ceiling is below the grade of the site.
Block means property designated on an officially recorded map existing within well defined and fixed
boundaries within a subdivision and usually being an area surrounded by streets or other features such as
parks, railroad rights-of-way or municipal boundary lines which make it a unit.
Board means the Board of Zoning Adjustment for the City of Wylie.
Building means a structure for the support or shelter of any use or occupancy.
Building area means the total square feet of floor area in a building measured to the outside faces of
exterior walls or to the omitted wall lines, whichever produces the larger area.
Building line means a line established, in general, parallel to a property line, over which no part of a
building shall project, except as otherwise provided in this Ordinance.
Building Official means the officer or other designated authority charged with the administration and
enforcement of this Code, or the Building Official's duly authorized representative.
Certificate of Occupancy means a certificate issued by the City after final inspection and upon a finding
that the building, structure and/or development complies with all provisions of the applicable City codes,
permits, requirements and approved plans.
Commission means the Planning and Zoning Commission for the City of Wylie.
Council means the City Council for the City of Wylie.
ARTICLE 10: DEFINITIONS
ZONING ORDINANCE
Corner lot means any lot that has two or more streets along two or more of its adjacent lot lines.
Court means an open unoccupied space, other than a required yard, on the same lot with a building and
bounded on two or more sides by the walls of a building.
Director means the Director of the Department of City Planning for the City of Wylie.
District means a zone or zoning district within which the use of land and structure and the location,
height, and bulk of structures are governed by this title.
Double front lots means any lot that has two streets along two of its lot lines which are not adjacent.
Dwelling unit means one or more rooms designed to accommodate one family and containing only one
kitchen plus living, sanitary, and sleeping facilities.
Family means an individual or two or more persons related by blood, marriage or adoption; or a group of
not more than five persons, excluding servants, who need not be related by blood or marriage, living in a
dwelling unit.
Floor area means the same as Building area.
Front yard means that portion of a lot between the front lot line and the front building line.
Hazardous or high risk use is any use which in the determination of the Building Official or Director,
presents a health or safety hazard due to excessive smoke, dust or odors, toxic fumes, noise, vibration, or
danger of fire, explosion or radiation and involving materials meeting the “Degree of Hazard – 4” criteria
of the Uniform Fire Code.
Height means the vertical distance measured from grade to the highest point of the structure.
Lot means a designated parcel, tract, or area of land established by a plat and to be used, developed or
built upon as a unit.
Lot area means the total square feet of area within the lot lines of a lot, excluding any street right-of-
ways.
Lot coverage means the percentage of a lot covered by the building. Parking facilities are not counted
when calculating lot coverage.
Lot depth means the length of a line connecting the mid-point of the front and rear lot lines.
Lot line means a property line that divides one lot from another lot or from a public or private street or
any other public space.
ARTICLE 10: DEFINITIONS
ZONING ORDINANCE
Lot of record means a lot that exists as shown or described on a plat or deed in the records of the local
registry of deeds.
Lot width means the length of a line, drawn perpendicular to the lot depth line at its point of intersection
with the front yard line, connecting the side property lines.
Main building means a building devoted to the principle use of the lot on which it is situated. In any
residential district, a dwelling shall be deemed to be the main building on the lot which it is situated.
Manufactured housing means a factory-built, single-family structure that is manufactured under the
authority of 42 U.S.C. Section 5401, the National Manufactured Housing Construction and Safety
Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is
used as a place of human habitation; but which is not constructed with a permanent hitch or other device
allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does
not have wheels or axles permanently attached to its body or frame.
Mobile home means a transportable, factory-built home, designed to be used as a year-round residential
dwelling and built prior to the enactment of the National Manufactured Housing Construction and Safety
Standards Act of 1974, which became effective in 1975.
Multi-family means a building built or designed as a residence for three or more families or households
living independently of each other.
Nonconforming use means a use that does not conform to the use regulations of this chapter, but was
lawfully established under the regulations in force at the beginning of operation and has been in regular
use since that time.
Nonconforming structure means a structure that does not conform to the design regulations of this
ordinance and the zoning district in which it is located, but was lawfully erected under the regulations in
force at the beginning of operation and has been a continued use since that time.
Occupancy means the purpose for which a building or land is used.
Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated,
designated, or reserved for public use or enjoyment or for the private use and enjoyment of owners and
occupants of land adjoining or neighboring such open space.
Platted lot line means a lot line that has been recorded with the official recording agency.
Public Street means any street in the City of Wylie that is not private.
Rear yard means that portion of a lot between the rear lot line and the rear building line.
Side yard means that portion of a lot line between the side lot lines and the side building lines.
ARTICLE 10: DEFINITIONS
ZONING ORDINANCE
Story means that portion of a building between any two successive floors or between the top floor and the
ceiling above it.
Street line means the right-of-way of a street.
Structure means that which is built or constructed, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite manner.
Variance means an adjustment in the application of the specific regulations of this title to a particular
piece of property, which property, because of special circumstances uniquely applicable to it, is deprived
of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment
remedies disparity in privileges.
Yard means that portion of a lot which is required to be unoccupied and unobstructed from the ground to
the sky, except as otherwise provided in this Ordinance.
Wind-powered systems means windmills and/or wind turbines used to convert energy of the wind into
electricity using rotating blades and are incidental to, and located on the same lot as the principle
building(s).
Zoning district map means the official map upon which the zoning districts of the city are delineated.
ARTICLE 10: DEFINITIONS