08-13-2019 (City Council) Agenda Packet Work Session Wylie City CouncilY 0
NOTICE OF MEETING
Work Session Agenda
August 13, 2019
6:30 p.m.
(or immediately following City Council Meeting)
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Wylie, Texas 75098
Eric Hogue Mayor
David R. Duke Place 1
Matthew Porter Place 2
Jeff Forrester Mayor Pro Tern
Candy Arrington Place 4
Timothy T. Wallis, DVM Place 5
David Dahl Place 6
Chris Hoisted City Manager
Richard Abernathy City Attorney
Stephanie Storm City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal
Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience
are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum.
WORK SESSION
• Discuss allowed uses within zoning districts.
• Discuss City of Wylie Ordinances and Regulations as a result of the 86th Legislature Regular
Session.
• Budget FY 2019-2020
August 13,2019 Wylie City Council Work Session Agenda Page 2 of 2
EXECUTIVE SESSION
If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City
Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with
attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and
place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey for the City
concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073 -Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
A governmental body may not conduct a private consultation with its attorney except:
(1) when the governmental body seeks the advice of its attorney about:
(A) pending or contemplated litigation; or
(B) a settlement offer; or
(2) on a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
• Receive legal update on development-related legislation adopted during the 86th Texas Legislative
Session
• Receive legal update on Code of Ethics Ordinance
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 9`h day of August, 2019 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this
agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Stephanie Storm,City Secretary Date Notice Removed
Wylie CityCouncil
Y
AGENDA REPORT
Meeting Date: August 13, 2019 Item Number: WS 1
Department: City Manager (City Secretary's Use Only)
Prepared By: Renae' 011ie/Jasen Haskins Account Code:
Date Prepared: August 6, 2019 Exhibits: 2
Subject
Discuss allowed uses within zoning districts.
Recommendation
Direction
Discussion
As Wylie has grown and begins to experience more redevelopment there is a need to begin examining the Zoning
Ordinance and Comprehensive Land Use Plan to meet the changing dynamics of the city.
Recently, there have been zoning requests with mixed uses as part of the Neighborhood Services District. As one of the
uses that can quickly affect the character of a neighborhood or city,mixed use which includes multi-family,particularly
within the neighborhood services zoning districts, has been a topic of discussion. Staff is requesting direction from
Council as to what, if any, changes to the uses the district should include.
Mixed-use development came into play with the introduction of the village center concept in 2000.
Village Center Nonresidential Districts provide,for appropriate land uses and density of uses within locations
designated as village centers in the Comprehensive Master Plan. Village centers provide a focus for institutional,
commercial, entertainment and service-related uses for the neighborhood residents. Residential uses within and
immediately adjacent to the village centers provide a customer base for businesses located within it.
The concept was removed from the zoning ordinance in 2006 with the adoption of Ordinance No. 2005-58 when the
direction of the city shifted to larger single-family lots.
The Neighborhood Services District was established by ordinance in 2001 with the adoption of Zoning Ordinance 2001-
48.
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.
Current high density uses as defined by the zoning ordinance:
Page 1 of 2
Page 2 of 2
- There are 1,629 multi-family units, and 605 townhome/duplex units within the city of Wylie.
- There is approximately 15 acres of undeveloped land zoned multi-family.
- There is approximately 59 acres of undeveloped land zoned Neighborhood Services that allows multifamily when
combined with commercial uses.
- There is not a definitive breakdown of the percentage of the mix of uses allowed.
In accordance with the 2012 Comprehensive Master Plan of the City of Wylie,the General Urban sector allows for mixed
uses.
0o General Urban Sector: Provides for a wide range of opportunities to"live,work and play". The Urban area
primarily supports the retail,service,office, light production and research and development uses. Some high-
density residential development may occur within the Urban Zone, provided that it is in a mixed-use type
setting.
The General Urban sector allows for all housing types including multi-family and townhouse districts. However,the high
density is only allowed when developed with commercial uses.The Comprehensive Plan nor the Zoning Ordinance define
what that percentage breakdown is.
The last update to the Comprehensive Land Use Plan was done in 2012. Since then, a majority of the available land
remaining has been developed as Planned Developments with residential zoning, Commercial along FM544 and SH78,
with some mix use of varying densities. Staff is requesting direction from Council regarding the applicability of high
density residential or mixed use in a forthcoming proposed Comp Plan update.
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NEIGHBORHOOD SERVICES(NS)
A. Agricultural &Animal Related
1. Animal Boarding/Kennel without Outside Pens S
2. Commercial Greenhouse or Nursery P* NS Max 5,000 sf, screened outside storage
B. Residential &Lodging
1. Assisted Living Apartment S
2. Bed &Breakfast Inn S
3. Boarding or Rooming House P* NS existing structures only
4. Multifamily Dwelling P* NS mixed-use develped concurrently
5. Single Family Dwelling,Attached P* NS mixed-use develped concurrently
C. Institutional &Community Service
1. Church/House of Worship P* ALL
2. Civic Center P
3. College or University S
4. Cultural Arts Facility P* NS Max 10,000 sf
5. Day Care Facility P*
6. Group Home P*
7. Library P
8. School (Public or Private) Elementary P*
9. School (Public or Private)Secondary P*
D. Office
1. Financial Institution (with drive thru) S
2. Financial Institution (without drive thru) P
3. Financial Institution,Alternative S
4. General Office P
5. Medical Clinic P* NS If over 5,000 sf, SUP is required
E. Recreational, Entertainment&Amusement
1. Commercial Amusement or Recreation (Inside) S
2. Commercial Amusement or Recreation (High Density Inside) S
3. Community Park, Rec Center, or Golf Course(Public) P
4. Country Club or Golf Course(Private) S
5. Golf Driving Range S
6. Health Club P* NS If over 5,000 sf, SUP is required
7. Neighborhood Park or Playground P
F. Retail, Personal Service&Commercial
1. Animal Clinic or Hospital S
2. Automobile Rental S
3. Automobile Repair, Minor S NS Activities must be in an enclosed structure
4. Car Wash S
5. Club or Lodge(Nonprofit) P
6. Dry Cleaning or Laundry, Drop-Off or Self Service P
7. Equipment Rental S
8. Food Processing _ S
9. General Merchandise or Food Store P
10. Grocery Store _ S
11. Household Equipment&Appliance Repair P
12. Motor Vehicle Fueling Station S NS Enclosed areas, pump island distance
requirements, no junk vehichle in open
areas, noise regulations
13. Personal Service Use P
14. Restaurant without Drive-In or Drive Thru Service _P*
15. Beer&Wine Package Sales P* NS If more than 75% of revenue os from beer&
wine, then SUP required.
NEIGHBORHOOD SERVICES(NS)
16. Antiques Shop (Inside Sales) S
17. Secondhand Goods S
18. Used Merchandise Resale/Consignment or Thrift Shop S
19. Permanent Cosmetic Establishment P*
G. Utility, Transportation & Public Service
1. Local Utilities P*
2. Mounted Antenna P*
3. Police or Fire Station P
4. Post Office P
5. Telecommunications Tower S
6. Telephone Exchange without Shops or Offices S
7. Transit Passenger Shelter P
8. Utility or Government Installation other than listed S
H. Industrial &Manufacturing Uses
I. Wholesale, Distribution &Storage Uses
J. Accessory Uses
1. Accessory Community Center(Private) P*
2. Accessory Game Court(Private) P*
3. Accessory Outside Display of Merchandise P*
4. Amateur Communication Tower P*
5. Caretakers Quarters/Domestic or Security Unit P*
6. Swimming Pool (Private) P*
K. Temporary Uses
1. Christmas Tree Sales T
2. Temporary Concrete or Asphalt Batch Plant T
3. Temporary Construction Yard, or Construction or Sales Office T
4. Temporary Crop Production T
5. Temporary Grazing T
Wylie CityCouncil
Y
AGENDA REPORT
Meeting Date: August 13, 2019 Item Number: WS 2
Department: Planning (City Secretary's Use Only)
Prepared By: Jasen Haskins Account Code:
Date Prepared: August 7, 2019 Exhibits: 9
Subject
Discuss City of Wylie Ordinances and Regulations as a result of the 86th Legislature Regular Session.
Recommendation
Direction.
Discussion
With the close of the 86'Legislature Regular Session came many changes that will have a direct impact on municipalities.
The purpose of this work session is to update the Council on the most immediate impacts that become effective on
September 1, 2019.
House Bill 2439 prohibits a Governmental entity from adopting or enforcing an ordinance that limits the use or
installation of a building product or material if the building product or material is approved for use by a national model
code published within the last three code cycles. This bill applies to both residential and commercial properties.
However, there are some areas that are protected from the regulations of HB 2439. Any PDs or Overlay Districts
established before April 1,2019 are protected if there is language that establishes the area as"Architecturally Significant."
The Downtown Historic District and the South Ballard Overlay District would fall under this exemption. By Resolution
we would have to list all approved PDs that are Architecturally Significant.
Discussion points for HB 2439:
oo Staff recommendations for Zoning Ordinance. City staff and the City Attorney are recommending minor changes
to Articles 2, 3, 4, and 5 the Zoning Ordinance leaving a majority of the building materials language intact.
However, the exhibit shows the ZO with building materials related requirements deleted to highlight the
discussion items.
00 Potential increase of other allowed architectural base standards and Planned Development base standards.
00 Official architecturally significant areas of designation.
Page 1 of I
Page 2 of 2
House Bill 3167 makes changes to the site plan and subdivision platting approval process. The statue defines a "plan"
to mean a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, land
development application, and site development plan. 212.001(2).
It defines `plat"to include a preliminary plat, general plan, final plat, and replat. 212.001(3).
The city council must(1)approve, (2)approve with conditions, or(3)disapprove with explanation the plan or plat within
30 days after the date the plan or plat was acted on by the planning commission or is approved by the inaction of the
commission. 212.009(a)
A plan or plat is approved by the council unless it is approved with conditions or disapproved within that 30-day period.
If disapproved or approved with conditions the municipality must provide a written statement citing the ordinance(s)
and/or statues that the plan or plat does not conform to. 212.0091
If the applicant re-submits addressing the cited reasons, council must approve within 15 days of receiving the revisions.
The City may not ask an applicant to waive the 30-day action deadline for plats. However, an applicant may elect to
waive the deadline on their own.
Lastly, residential replats no longer require a public hearing unless a variance or exception is required.
Discussion points for HB 3167:
0o Staff recommendations for Zoning Ordinance. Recommended changes to Article 8 of the Zoning Ordinance
address the legislative requirements and make updates to submittal requirements.
0o Staff recommendations for Subdivision Regulations. Recommended changes to the Sub Regs address the
legislative requirements and make updates to submittal requirements.
House Bill 2840 requires that any citizen can speak on any item on the open meeting agenda, before or during
consideration of the item.
0o Rules for this requirement. The Commission will be informed of staff and Council discussions regarding the
implementation of the new rule.
0o Updated Rules of Procedure.The RoP were last updated in 2008 and staff is requesting the Commission consider
an update to the RoP.
P&Z Commission Discussion
The Commissioners agreed with the City Attorney and Staff in leaving the Building Materials requirements in the Zoning
Ordinance and directed staff to add other allowed architectural requirements where appropriate.
The Commissioners agreed with Staff that limiting submittals to specific dates and having a detailed submittal application
would be necessary due to the 30-day requirement.
The Commissioners will await Councils decision on rules of order for HB 2840 before adopting the same.
7/26/2019 86(R)HB 2439-Enrolled version-Bill Text
H.B. No. 2439
AN ACT
relating to certain regulations adopted by governmental entities
for the building products, materials, or methods used in the
construction or renovation of residential or commercial buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1 . Title 10, Government Code, is amended by adding
Subtitle Z to read as follows:
SUBTITLE Z. MISCELLANEOUS PROVISIONS PROHIBITING CERTAIN
GOVERNMENTAL ACTIONS
CHAPTER 3000. GOVERNMENTAL ACTION AFFECTING RESIDENTIAL AND
COMMERCIAL CONSTRUCTION
Sec. 3000.001 . DEFINITIONS. In this chapter:
(1) "National model code" has the meaning assigned by
Section 214 .217, Local Government Code.
12) "Governmental entity" has the meaning assigned by
Section 2007 .002.
Sec. 3000.002. CERTAIN REGULATIONS REGARDING BUILDING
PRODUCTS, MATERIALS, OR METHODS PROHIBITED. (a) Notwithstanding,
any other law and except as provided by Subsection (dL, a
governmental entity may not adopt or enforce a rule, charter
provision, ordinance, order, building code, or other regulation
that:
(1) prohibits or limits, directly or indirectly, the
use or installation of a building_product or material in the
construction, renovation, maintenance, or other alteration of a
residential or commercial building if the building_product or
material is approved for use by a national model code published
within the last three code cycles that applies to the construction,
renovation, maintenance, or other alteration of the building.; or
(2) establishes a standard for a building_product,
material, or aesthetic method in construction, renovation,
maintenance, or other alteration of a residential or commercial
building if the standard is more stringent than a standard for the
product, material, or aesthetic method under a national model code
published within the last three code cycles that applies to the
construction, renovation, maintenance, or other alteration of the
building.
(b) A governmental entity that adopts a building code
governing the construction, renovation, maintenance, or other
alteration of a residential or commercial building may amend a
provision of the building code to conform to local concerns if the
amendment does not conflict with Subsection (a) .
(c) This section does not apply to:
(1) a program established by a state agency that
requires particular standards, incentives, or financing,
arrangements in order to comply with requirements of a state or
federal funding source or housing_program;
(2) a requirement for a building necessary to consider
the building eligible for windstorm and hail insurance coverage
under Chapter 2210, Insurance Code;
13) an ordinance or other regulation that regulates
outdoor lighting that is adopted for the purpose of reducing light
pollution and that:
(A) is adopted by a governmental entity that is
certified as a Dark Sky Community by the International Dark-Sky
Association as part of the International Dark Sky Places Program;
or
_(B) applies to outdoor lighting within five miles
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7/26/2019 86(R)HB 2439-Enrolled version-Bill Text
of the boundary of a military base in which an active training
program is conducted;
j4) an ordinance or order that:
(A) regulates outdoor lighting.; and
(B) is adopted under Subchapter B, Chapter 229,
Local Government Code, or Subchapter B, Chapter 240, Local
Government Code;
j5) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance that a municipality may regulate under Section
211.003 (b) , Local Government Code, if the municipality:
(A) is a certified local government under the
National Historic Preservation Act (54 U.S.C. Section 300101 et
seq,L; or
(B) has an applicable landmark ordinance that
meets the requirements under the certified local government program
as determined by the Texas Historical Commission;
j6) a building located in a place or area designated
for its historical, cultural, or architectural importance and
significance by a governmental entity, if designated before April
1, 2019;
j7) a building located in an area designated as a
historic district on the National Register of Historic Places;
j8) a building designated as a Recorded Texas Historic
Landmark;
j9) a building designated as a State Archeological
Landmark or State Antiquities Landmark;
(10) a building listed on the National Register of
Historic Places or designated as a landmark by a governmental
entity;
j11) a building located in a World Heritage Buffer
Zone; and
j12) a building located in an area designated for
development, restoration, or preservation in a main street city
under the main street program established under Section 442 .014 .
(d) A municipality that is not a municipality described by
Subsection (c)_j5LjA) or (B) may adopt or enforce a regulation
described by Subsection (a) that applies to a building located in a
place or area designated on or after April 1, 2019, by the
municipality for its historical, cultural, or architectural
importance and significance, if the municipality has the voluntary
consent from the building owner.
(e) A rule, charter provision, ordinance, order, building
code, or other regulation adopted by a governmental entity that
conflicts with this section is void.
Sec. 3000.003. INJUNCTION. (a) The attorney general or an
aggrieved party may file an action in district court to enjoin a
violation or threatened violation of Section 3000.002 .
(b) The court may grant appropriate relief.
(c) The attorney general may recover reasonable attorney' s
fees and costs incurred in bringing an action under this section.
(d) Sovereign and governmental immunity to suit is waived
and abolished only to the extent necessary to enforce this chapter.
Sec. 3000.004. OTHER PROVISIONS NOT AFFECTED. This chapter
does not affect provisions regarding the installation of a fire
sprinkler protection system under Section 1301.551 (i)_, Occupations
Code, or Section 775.045 (aLj1L, Health and Safety Code.
Sec. 3000.005. SEVERABILITY. If any provision of a rule,
charter provision, ordinance, order, building code, or other
regulation described by Section 3000.002 (a) is held invalid under
this chapter, the invalidity does not affect other provisions or
applications of the rule, charter provision, ordinance, order,
building code, or other regulation that can be given effect without
the invalid provision or application, and to this end the
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7/26/2019 86(R)HB 2439-Enrolled version-Bill Text
provisions of the rule, charter provision, ordinance, order,
building code, or other regulation are severable.
SECTION 2. This Act takes effect September 1, 2019.
President of the Senate Speaker of the House
I certify that H.B. No. 2439 was passed by the House on April
30, 2019, by the following vote: Yeas 124, Nays 21, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2439 on May 23, 2019, by the following vote: Yeas 133, Nays 9,
1 present, not voting.
Chief Clerk of the House
I certify that H.B. No. 2439 was passed by the Senate, with
amendments, on May 19, 2019, by the following vote: Yeas 26, Nays
5.
Secretary of the Senate
APPROVED:
Date
Governor
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CIC"°a?k WYI.Ia
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 ZONING DISTRICT NAME
DESIGNATION
Low-Density Residential Districts
AG/30 Agricultural District
SF-ED Single Family—Estate District
Medium-Densit 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
CI YeOf WYI.I1
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 info'illation 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
CI YeOf WYI.I1
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
peliiianent 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 peliilit 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
CI YeOf WYI.I1
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
Ciry°oF WY LIE
q 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
,
N .
(1) Accessory structures covering less than two (2) percent of the lot are required to
,
.
(2) Accessory structures coy ering more than two (_:) percent of the lot are required
•
r-nFs... nd-sta t-y-froi led-, tr u(aira.l....(ACr/-30)-me,
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�. 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.
gl'_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
CI Y Of WY LIF
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
CI Y Of WY LIF
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
CI Y Of WY LIF
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
7/1(
WYLIF 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
7/1(
WYLIF 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
of,\\) iz 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.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
7/1(
11 ut- Zoning Ordinance
Lot Size
Lot Area(sq. ft.) 20,000
Lot Width(feet) 100
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
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.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
7/1(
WYLIF 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
7/1(
WYLIF Zoning Ordinance
Figure 3-5-Townhouse District(TH)
Lot Size
Lot Area(sq. ft.) 3,500-exterior w/side yards
3,000- interior wino 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
7
WYLIF 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
7/1(
WYLIF 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
U ii 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 facade 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
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FIGURE 3-9
NEW RESIDENTIAL DEVELOPMENT REQUIREMENTS
a. Land Design Requirements
(For all Residential Districts)
ELEMENT a.BASE STANDARD(ALL DEVELOPMENT b. DESIRABLE
MUST COMPLY FULLY WITH ALL LISTED (EACH DEVELOPMENT MUST SELECT 3 OF
BELOW) THE 6 DESIRABLES LISTED BELOW)
Public Open Space Easements 30 ft wide buffer with 8 ft wide trail to rear Single-loaded street along open space.
of houses beside open space and
perpendicular 30' wide access from street.
Perimeter Screen Along 40 ft wide buffer, w/6 ft wrought iron Increase buffer width by 10%, slip
Thoroughfares between brick or stone columns (50 ft o.c.) street/parkway with no residential lots
or landscaped earthen berm (3:1 slope) backing or siding on thoroughfare
Perimeter Walkways and Large canopy trees 50 ft. o.c. and 5 ft a. Mixture of large/canopy and
Landscape concrete walk. small/ornamental trees and 8 ft walk/trail.
b. Provide benches at nodes when
adjacent to open space.
Lighting and Furnishings along Solar-controlled lighting on 10-12 ft a. Trees 30 ft o.c. maximum, with down
open space easements and trails lighting and ground-level lights.
decorative poles every 100 ft, common
throughout. Benches with backs every 1/2 1
mile or portion thereof when adjacent to b. Exercise apparatus every /4 mile.
open space.
Decorative paving and cross-walks at street
connectors.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
CI of,,\\")tits=
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b. Street and Sidewalk Requirements
(For all Residential Districts)
ELEMENT BASE STANDARD DESIRABLE
(ALL DEVELOPMENT MUST COMPLY (EACH DEVELOPMENT MUST SELECT 2
FULLY WITH ALL LISTED BELOW) 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 Wrought iron accent panels, or water
or stone monument (no brick) within feature, or 2 or more different type/color
landscaped median to first cross street, of stone(can be synthetic or cultured).
with decorative paving and cross-walks.
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 Unique neighborhood design, or back-
with street lighting coordinated throughout. lighted.
Pedestrian Crosswalks 7 ft. wide, connected system of decorative 10 ft or wider, decorative pavers.
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. Stone, same house exterior trim.
Number plaque, brick same as resident.
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
CI a ia watt'.
c.Architectural Requirements
(For all Residential Districts)
ELEMENT BASE STANDARD DESIRABLE
(ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 5 OF
WITH ALL LISTED BELOW) THE 9 DESIRABLES LISTED BELOW)
Building Bulk and Articulation Minimum 25% of street facade offset Apply base standard to more than one side
minimum 2 ft, minimum 60%total area on or increase minimum and offset by 50%
1st floor of all 2-story
House Numbers Stone plaque with number beside main Lighted front wall plaque
entry
Ex4ettior Factade-Matetial 1-00-94 Witt-1w stone Of-Iiia°40-11fy-Sittiee0;;With
249A-stone of dveottatisve-bitiekwtettettt
Porch 40 square feet covered front entry, and 100 60 square feet or larger front entry, or
sq ft covered back or side entry connected wrap-around two or more sides,
or pitched cover incorporated into roof
lines of house
Chitittneys Ght+n-Fte:y-encittnetitwittiotittst nmatothing -40%-sitmentowitatehshounesacteewt-matetti
ex-te4or tapped
Roof Pitch 8:12 minimum roof pitch; with articulation,
dormers or hip/gable
Roo Iski atettialn: Afelliteetufal lttracknotottfittp-sitattitkswititiesof
standing-seam tusta tts t tingles,
it-Foot:top itatessottiettstosmatelli
Roof" av Nto wo seittsos soffit
Repetition of floor plan and 7 lots skipped on same side of street before 9 lots skipped on same side of street before
elevation repeating similar floor plan and elevation, repeating same or flipped, and
4 lots skipped opposite side of street, and no 6 lots skipped on opposite side of street
identical or flipped floor plans side by side
or directly across street
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
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c.Architectural Requirements Con't
(For all Residential Districts)
Garage entry No doors facing primary street front. On a Garage shall be a minimum of 600
2 & 1 configuration, single door may face square feet in size.
street. Garage shall be a minimum of 500
square feet.
Dwelling Size Minimum dwelling size exclusive of
garages and breezeways
Fencing Front: 50%transparent, wood or wrought Board on Board
iron. Or Wrought Iron
Side/Rear: wood or wrought iron.
Landscaping Established front lawn and minimum 2 Automated, subsurface irrigation system
trees and 5 shrubs in front yard
Outdoor Lighting Front entry and drive/garage illuminated Front façade and drive/garage
by standard porch light 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 Certified by USGBC or LEEDS for
Building Code energy and water.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
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.
Public Access
Street
i
Subdivision
Development
Public Open�. y .� -- - r '`� '�`•``�.�
Space Easement - -�" ..
will 8'concrete trai r ft
40,
Open Space - .
(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
\\")° ti
Zoning Ordinance
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 beim
(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.
Subdivision •
Development ( (
Perimeter :
Landscaping -
_ _
Public Thoroughfare - - - _ROW _ _ _ _ _
d _ . ---
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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
)Lti-
Zoning Ordinance
The following trees and shrubs are recommended for landscaping and screening
purposes:
1. Large Trees:
Pecan Red Oak
Bun-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
7
cip,of WW iftif
Zoning Ordinance
+-4 -10' Minimum Width
Q 5' Minimum
Sidewalk
Q Subdivision
Development
Connection to
/
Open Space
' I 40'Minimum Width
when no acc2ss to upen Open Space
space exists (see Public Open
Space Easement)
Vi*.:1:::::ii::ii...::::;:i.:. i
Lot Lines —,
' '
Street
x :' *- w d. , fl` Property
�n � n Line
11
' 50' 50' 50'
Lot Lines
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.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
tt=
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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 1/4 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 street,
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
oho,
Zoning Ordinance
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 identi bdivisionfying a su m be incorp wall, or
monument sign within the median at the subdivision entryorated andinto shathell bescreen illuminated by
means other than street lights.
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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
oho,
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 foliii 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
4
Vim «
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ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Or,'of,WYLa
Zoning Ordinance
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.
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.
111
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b. Desirable Design Attributes
None
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
7/V/1
Ur Uf\\ Lu
Zoning Ordinance
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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 facade shall be offset a minimum of 2 feet either protruding
from or recessed back from the remainder of the facade. A minimum of 60 percent of
the total area shall be on the l floor of all 2 story dwellings.
b. Desirable Design Attributes
Increase the minimum percentage or the depth offset by at least 50% one
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 Facade Material
a. Base Standard
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7
U Ty€f,wyuE
Zoning Ordinance
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c. Desirable Design Attributes
None
4. Exterior Facades-Porch
a. Base Standard
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
CI TN c1F'\\.7`LEI=
Zoning Ordinance
The front entry of any single family residential unit,which is the entry facing the street
on which the unit is located,shall have a covered front entry of a minimum of 40 square
feet floor area. There shall be a minimum of 100 square feet covered area at the back
or side entry.
b. Desirable Design Attributes:
A covered front porch with a minimum floor area of 60 square feet or larger, or
connected wrap-around on two or more side,or pitched cover incorporated into the roof
line of the house.
5. Exterior Facades - Chimneys
a. Base Standard
hint- e `l . tii-far—t i ie ;—himney
masonry mate g e a • r . . of the wesidentg: t ' °. i capped.
b. Desirable Design Attributes:
1 I of ate e leit t ° t1 i , =t a c--40--pe ent-_:t� .....i t -tit t--the Eteeellt- xtertom,.
6. Roofs and Roofing-Roof Pitch
a. Base Standard
All single family residential units shall have a minimum roof pitch of 8:12, with
articulation, dormers or a combination of hip and gable roofing.
Minimum Roof Pitch
allowed 8:12
b. Desirable Design Attributes
None
7. Roofs and Roofing-Roofing Materials
a. Base Standard
t i t i t--4 y-re:+cl;-1-4t -1 it t:i i 1 1-hifve afe to tt l-- Ri c vc t i- n i ,
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a -ot r--roofs _ Ty _s y t -afe-t -be-paiiited-to-fnatel+-the-foef-shir ~ e
b. Desirable Design Attributes
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
oho,\\
Zoning Ordinance
None
8. Roofs and Roofing-Roof Eaves
a. Base Standard
e i1'in1tttt t 1 an, eWa '7 wu !�al
. : m . an. red`' e „t +:.a a '""w,"`� �w'\ a "„w +°•", � Y «eq„
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b. Desirable Design Attributes
None
9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation
a. Base Standard
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.
L. L . J .L.I_1._1_. J . .Ll_L. L . L ._
NO I 71 61 51 41 3 I 2 I 1 I I 1 12 3
4 lots sopped oppolite sidelof street
• —•ice• •
7 lots skipped same side of street
• 7 _ 6 5 4 3 I 2 11 I ®� I 1 2 3 , 4 . 5 , 6 , 7 , NO
I °K I I I IIIIIOKI IIIIII I
TIT'T'T'T'T1T'T'T'T'I-1 T.T'T•-
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
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
oho,\\
Zoning Ordinance
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.
.LI._. ._L.J_.I_1._L.__I—._L_.1—I_.._I_._1_.J—. 1 .
�i T r-1'—r'T'T'r— --r r'
9 I 8 71 6 5 I 41
.31
2. 11 I-. 1 2 6 lots opposite sidel of street
I .e 8 9 I .1
Ti [8 17 i T 9 lois sa3 eride of'st eel I l (A l 21 r I-1 7 718[9
1_L_ _L. L._l_.__.L_I. ._l_.__.L_ ._L_._!_._!_. I ._L
I I I i I I I I I I I I I I I I 1 I i I I 1
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.
�tlY:.nwdM� 4
b. Desirable Design Attributes
Each garage shall be a minimum of 600 square feet which includes a minimum of 200
square feet of storage space.
11. Dwelling Size
a. Base Standard
The total square feet of floor space within the outside dimensions of a residential
dwelling unit including each floor level, but excluding carports, garages, and
breezeways.
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
tt=
f
Zoning Ordinance
b. Desirable Design Attributes
None
12. Fencing (If provided)
a. Base Standard
(1) Front yard fences shall be permitted with fifty (50) percent transparency
constructed of wood or wrought iron.
(2) Side and rear yard fences shall be permitted to a height of 8 feet maximum and
constructed of wood or wrought iron.
b. Desirable Design Attributes
Fences constructed of board on board or wrought iron
13. Landscaping
a. Base Standard
Each residential dwelling shall have an established front lawn with a minimum of 2
trees and 5 shrubs.
b. Desirable Design Attributes
Each residential dwelling unit shall have an automated, subsurface irrigation system.
14. Outdoor Lighting
a. Base Standard
All residential dwelling units shall have an illuminated standard porch light at the front
entry and drive/garage.
b. Desirable Design Attributes
Front facade 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
ARTICLE 3: RESIDENTIAL DISTRICT REGULATIONS
Ci 6i°�?F w�'iso
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
Ci 6i°�?F w�'iso
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 4-6—Heavy Industrial District(HI)
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
n u>°(It Nw,w L n
Zoning Ordinance
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
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.
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 DESIRABLE
(ALL DEVELOPMENT MUST COMPLY FULLY (EACH DEVELOPMENT MUST SELECT 4 OF THE 8
WITH ALL LISTED BELOW) DESIRABLES LISTED BELOW)
Building 1. Entrances and/or facades oriented to the 1. Building at the front yard line.
Placement street. 2. Individual buildings w/footprints = or< 10,000
2. Building footprints no greater than 20,000 square feet.
square feet in NS and CR Districts. 3. Front facade oriented to the street.
3. Multiple buildings placed to create plazas,
courtyards, landscaped areas w/connecting
walkways.
Parking 1. Parking spaces at least 10' from residential 1. Site plan with no more than 50% of parking in
Placement lot line. 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 1. Combined access points with adjacent tracts.
of 25'. 2. Direct connection between buildings and street.
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
Location of 1. Service and loading areas shall not be visible 1. Not visible from public street but provide
Service and from a public street or adjacent residential masonry screening.
Loading Areas lot.
2. Developments unable to meet the above are
required to have masonry screening walls
w/gates.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
4d&'w't3R^
Zoning Ordinance
FIGURE 4-8 LANDSCAPING DESIGN REQUIREMENTS
ELEMENT BASE STANDARD DESIRABLE
(ALL DEVELOPMENT MUST COMPLY FULLY WITH (EACH DEVELOPMENT MUST SELECT 4 OF
ALL LISTED BELOW) THE 8 DESIRABLES LISTED BELOW)
Landscaping in 1. At least 20 % of site shall be landscaped in NS, 1. Landscaping that exceeds the minimum
Required Yards CR, CC, & BG Districts; 10% of site in CR& by 10%.
CC Districts for single buildings of 100,000 sq 2. Landscaping in side and rear yard not
ft. or more; 10% of site in LI and HI Districts. otherwise required.
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.
Landscaping of 1. Site plans requiring more than 12 spaces 1. Landscaping10% or more in excess of 50
Parking Lots required to have 50 sq.ft. of landscaping per sq.ft./space.
space. 2. Parking lots with no space further than 40
2. No parking space further than 60' from feet from a landscaped area.
landscaped area on site. 3. Landscaped pedestrian connection to
3. Parking rows 12 spaces or longer shall have main entrance.
landscaped islands at end.
4. All parking rows shall have landscaped areas at
least every 12 spaces.
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 1. At least 50% of required front yard developed 1. Use of rock walls or other natural
Street Frontages as landscaped buffer, at least 10' in width. landscape features.
2. Trees required in buffer, in groves or belts on a 2. Increase in minimum width of landscape
30—40' spacing. buffer by 20%.
3. Required trees at least 3" in caliper. 3. Provision of special benches,pedestrian
4. At least 4' meandering concrete walkway on lighting other streetscape elements.
perimeter when adjacent to thoroughfare.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-9 ARCHITECTURAL DESIGN REQUIREMENTS
ELEMENT BASE STANDARD DESIRABLE
(ALL DEVELOPMENT MUST COMPLY FULLY WITH (EACH DEVELOPMENT MUST SELECT 3 OF
ALL LISTED BELOW) THE 6 DESIRABLES LISTED BELOW)
��ila�i r- < verials 4,_E Bilge . ILL. ry -with i 1 f two-eel en K . lye-
at I)-apt-"-0 /p--st ...`A it- aca -' NIS,-(41- " ad- tc f'° i^-t "p , e-v-e-fac-ade
/-,-Big-, 1,1- -n 4 I I i t iet-s,- it: i t - - t t„-V i variety-a /`. .
eon stfuetian--i s n- ,4 an 141 reki t et- fa- - ;ti4kng
di t ict . 2,-Copy ski- ) style- licit-Nock,
vit1--I e --yr t =t -2= -- :
r 1 / ater''.
3. Btfi/ii- ys-slionkt--c -afeh t cttlfat-st to -and
de-tails; sig -the sT ii-dint-teat- fi Is-,- :nd
ego-Rs-of-the Sttffotifldiftg-new-deveiopmen4
c-offtex4 i ?t tl ft
Building 1. Walls not exceed height width ratio of 1 to 2 1. Application of base standards to facades
Articulation, Form without variation in massing of facade. At least not facing a public street.
and Massing 25% of facade offset at least 4'. 2. Use of Architectural detailing and/or
2. Entrances must be emphasized with materials to provide variety in visual
architectural elements. appearance.
3. Ground floor facades in NS, CR, & CC Districts
required specified features along 60% of length.
Architectural 1. Buildings in the NS and CR Districts shall be 1. Buildings with pitch roofs meeting
Compatibility architectural compatible with surrounding minimum requirement of residential
neighborhoods. development.
2. Buildings in CC & BG Districts adjacent or 2. Buildings with hip roof sections, dormers
within 200' of residential areas shall be or two or more gable roof sections at
architecturally compatible. right angles to each other.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
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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
Single building footprint no larger
than 20,000 square feet
1111111111111,414, '\:*.t
rlrrw++mi: °ie' no more than one roar
�rwu�a�tl�wrIUl�re
aw■ if
. of parking in front of
g;
I, Cam:: a i ws j\ building
40,
IN
\ \
'0,41.41k
-.,- ..-----f .
.......„----------- ,„e,
__ --
4i Main entrance
oriented to street '
Landscaping in
front yard
(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)
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
w Zoning Ordinance
FIGURE 4-11-BUILDING PLACEMENT
Multiple buildings each no greater
than 20,000 square feet
Plazas, courtyards and
4 landscaped areas
%ft
PEk w •
r
itip:,4 li
i
..
It
kiii
�, s'7_4:�„Ass" r..���,. � ®4df err' tY
M A Ally;
4tboi
., ....' A•s: 5 % `:
0.7: .,,, . .
W
,r• t� 71,,.15°°.__• _• __• "
No parking in
front yard
-...---- -�""` _ Entrances oriented
to street
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.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
w Zoning Ordinance
FIGURE 4-12-PARKING TO SIDE AND REAR OF BUILDING
Parking to side and
rear of building Building Located at
the front yard line
•
14, , ,
. ,
44 '% id ,,, ,. Am 1 ,, f ,V,
Ir
,iI l a 1 t, ,i ' r le ..
" e
fgi.,
---E1 r
Landscaping in
required front yard
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.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
Zoning Ordinance
FIGURE 4-13-LANDSCAPE TREATMENT OF ENTRANCES
.yam/ I
�` 1 r fi' Air
yJ�� �I 17j/IF/
til : I
i5 Lip ..1 ts: . c.449, .1_37
•
AP
s ' AA
.40 cam, ®' i
v . , F.
• 11,16
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 senry screening wall with gates which prevent visibility from a public
street or adjacent residential lot. .
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
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
first 5 feet of
perimeter landscaping
12,1
3 ...
1 a
roe i - . ;
aa1
Landscaped Islands at
end of parking rows
i•r
All parking rows shall have
landscaped areas at least
every 12 spaces.
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
nn alk vvn'I&I°_
w_. Zoning Ordinance
(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
Building entrance
00 fej.-
r W
/ i 1
-�'
1' 11P _• I 8 i
��� 7a
Iri
I,J Q Ai*"►
,, �__` Decorative Paving
/�.�� Materials
.h ♦ , — Enhanced Plant
\ ►_ Materials
r-�i :�.�' - "ice ��
i .,4,' -
—I
\ks Pedestrian access not
part of 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
nn
w 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
Flowering shrubs and
seasonal flowers
Use of low °" i` , 4: if filwkll '.off.
�s W
rock walls ' t .......ice t ,.. --
e�«, � ,
s°:-�+"""fir
„�._• .. :i„omit t
mo w. .I y4, ..." `eP-M' irala� k N. „ , y;-1 ,
. � � "fir 'rrti � �'"^� r
S ®".j�.rs 1,I r'
""fie L. L_ , . ,.°" " 't l 'x +,..
ma ...
w 4' minimum width
'"° meandering sidewa
Visibility Triangle
must be maintained
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.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
t Zoning Ordinance
FIGURE 4-17-LANDSCAPING OF STREET FRONTAGES
Use of low Visibility
rrockwalls Triangle
i
NI 4' minimum width
1 j�r r meandering
e ..�
1 ' �;.. � sidewalk
.; � , 1 Flowering shrubs
■ :, and seasonal
`'I' flowers
Propert i
Line Req ed' — }
Fr t Yard Parkway
F. Architectural Features
Desired Architectural Design requirements are achieved by projects in accordance with the
following criteria:
-i tsilding Materia s
fis-etas Hsu isird
(-t -----t r - s esieas f ossbet dice in the-NS, CH., i t';fits,leis -14-t-ti l is-s a l
be es s -set- 7 as ss ° s . ' -all - it °, least 0 pe ee :ten;
facades A ssve&esal; sse a te ria Ieerse asste -i seess=as 3 -1issei ed tag-lea:+e kest else;
,s t stare, s eeenstesesse setae; wetµ°;ta bl e -o- seen tlt este ibee aria.
lSte saIl sows n etia seise-1 sme Ayala is 1.1 esel H - isS less.
(-t), ISH,S-alaaa.l l net-beseotesedesedsaeeepta4skeesremasseesatehiaislsuSsshePebesaeeepted
en apptied asiescrese t of rci itee °: `s es ° s sa, of essetTsteR° °a n
fact:° e is-sass_
(3-) balsa#=s a ntis sspitehsgs ast-c-r tlsa ss ?ee2 +isaa l-lra ee soefe=s sse ts,si-ails s 6h-asseh-i-tcs;tssraal
ll
r° R-dies s ass fters saal t-elms ess--cis., ;sate s s s se as -roe-if s is it s,eseaanslieg s-rises
s �ss t-aal..:s*esaf steer-salaat -uesefie ° i st -sae.
(-it)—l$aae less-nasaletnees.aasssi ..c's teeier..se aata stisof-satssassuse --sailellseyes onersas ". well.
slssi s;seeks=as-sssl siats;ri le iSia sirs sssedissgsteam:- -- Sa , .teffs*ent s•-lthens2.00-e essf
aasesassaer
(5)(1),Sebiees to Bssikliseg__Offiee PlanneegeDiseesoesseseeke lass-seoesaattessest-i e
,
xt's sta. s..a sthetic a i repri' ase, "a bil "less, lestr „ti , are l , s
as a aap eaad wits-s-s etivessles tos :-ass l--casteriass=--Inst s salilleoes is s=sat- -tls-aasloi"steel
st select sa..S ity-roses ii.
b. lira I te'l n Mt .
-i _l- r ° > . facade anti ' abt ' ,esisuet variety-and/or aka-l Rte" ar eta Idin s
l ��
sha llessesteseses t tensest° - t se any cagamas sa °,er`°
(:t-1 is esisls, tlaessaas s ty ie cal`l saiNr is g sassats,s feels-tbrosaglaen t-ties. ess-t-ire-1 l es.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
w Zoning Ordinance
2. Building Articulation, Form and Massing
a. Base Standard
(-i) 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 facade 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
Roof form compatibl,
4 -R >_,�g with residential
architecture
®,Ili raru
if
r 4
Jr
� ;/4
`11111tt1 aUU in i111111JIIU`IIir]f` 11111111161'
Entrances emphasized
1
a
9
I
I
25 Percent of Facade either Minimum 4
projected or recessed Feet
(- )()Entrances to buildings shall be emphasized through providing projections,
recessed areas, canopies,projections in height, or other architectural elements.
)( 1Ground 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.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
w Zoning Ordinance
FIGURE 4-19-BUILDING ARTICULATION
Building Materials
Projections - _Cast Stone
' a1,� .,. Stone
,......_, .. ..` a ;1'roer--—==ice Architectural
M".'�— „ �'-`4 A IIIIIIMIUIM�a'llimIIII elements
arli
im
w y iv3
ITCanopies a � 7 _ a: k, n -
. 1 Fe sir l _ � T.
VS '',,.r-.o.- ..
111111111111��'1�n+ 1 n1u*1uMl11111111111D111II�IIIIII
11
kii4 . k
de/
Entrances /11(
emphasized
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
'IX, ti5, j PT-i�CLCPi�T
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
nn
._. Zoning Ordinance
FIGURE 4-20-ARCHITECTURAL DETAILS
Roofing materials
r,
IIlII .�-..-mow,..... •,"' .�,,
Cast stone details '^�"' .,.�
a .,...,: �u��o ter- i Canopy
yet y,�YY..�r �'iS+..aI�.1g.4 t
-4-
ig 4eF
Il( II11 �111 -
- •�. � � Window
Il ` "' ". - .. RUN.I r aat bove
�. - .a.
-� 1_ [�I �' ��-- ....ammo -- ..� ~ -.4-2 door
fir■ _ �
MIN
® . di
Y _.,' .ire—r$lI `.-.�.-2 .,�.� "'.°i
`Arches 4 —`-. - . —
`i ' = above } , -
Entrance treatment ��
t -4 Cast stone
( t i P • ; 1.-....0i —4 Rock work
� #lt -TC
Decorative brick pattems
„ems., •-
......,...z....v \ • . Flt.yer\\\\
4\Ilk
MS0\
-- ,.w,. r~ '`•;, ./014k \N ' ' — Roofing materials
!!" - �, �-- Arcade
1
/� r W
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 b„''a' to ° :, 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.
ARTICLE 4: NONRESIDENTIAL DISTRICT REGULATIONS
C`u>°alkv't
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
CI I Y OF °LIT<< 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
"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
CI I Y OF °LIT<< Zoning Ordinance
FIGURE 5-2 DISTRICT ABBREVIATIONS
ABBREVIATED ZONING DISTRICT NAME
DEINATION
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
CITY OF ViTLIE Zoning Ordinance
FIGURE 5-3 LAND USE TABLES
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed-Use
Density Density Residential
Residential Residential
AG SF- SF- SF- TH M M NS CR CC BG L I H I DT SB
A.Agricultural&Animal
/30 ED 20/ 10/ F H H 0
Related 26 24
1. Animal Boarding Kennel S S P 1 per 325 sq ft of main
with Outside Pens structure
2. Animal Boarding/Kennel S S S P* P* P* 1 per 325 sq ft
without Outside Pens
3. Animal Production P* Per approved Site Plan
4. Commercial Greenhouse P* P* P* S P 1 per 300 sq ft of main
or Nursery structure
5. Crop Production P* P* none
6. Stable(Commercial) S P* 1 per 3 stalls
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
CITY OF NA/YLIF Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed-Use
Density Density Residential
Residential Residential
B.Residential&Lodging AG/3 SF- SF- SF- TH MF MH NS CR CC BG L I H I DTH SBO
0 ED 20/ 10/
26 24
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, P P P* P* P 2 per dwelling
Attached
9. Single Family Dwelling, P P P P P 2 per dwelling
Detached
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
CFrY Or VivriE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
C.Institutional&Community AG/ SF- SF- SF- TH MF MH NS CR CC BG L I H I DT SBO
Service 30 ED 20/ 10/ H
26 24
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 PP PPPP P P 1 per 300 sq ft
4. College or University S S S S S PPPP 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 PP PPPP P P 1 per 325 sq ft
10. Mortuary or Funeral Home S P P 1 per 250 sq ft
11.Nursing,Convalescent P* P P 1 per 4 beds(L)
Home or Hospice
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
CITY OF WYLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
C. INSTITUTIONAL& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
COMMUNITY SERVICE, 30 ED 20/ 10/ H
CONT. 26 24
12.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 1.5 per classroom(L)
Elementary
13.School(Public or Private) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 7 per classroom
Secondary
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
CITY OF WYLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
D. Office AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO
30 ED 20/ 10/ H H
26 24
1. Financial Institution (with S S P P 1 per 400 sq ft(L)
drive-thru)
2. Financial Institution P P P P P P P 1 per 300 sq ft(L)
(without drive-thru)
3. Financial Institution, S S S S S S S 1 per 250 sq ft(L)
Alternative
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
CITY OF NA/YLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
E.Recreational,Entertainment AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO
&Amusement 30 ED 20/ 10/ H H
26 24
1. Commercial Amusement or S P S S 1 per 300 sq ft
Recreation(Low-Density
Inside)
2. Commercial Amusement or S P S 5 1 per 100 sq ft
Recreation(High-Density
Inside)
3. Commercial Amusement or S S S Per approved SUP
Recreation(Outside)
4. Community Park, P P P P PP P PP P PPP P Per approved site plan
Recreation Center,or Golf
Course(Public)
5. Country Club or Golf P P P P PPP S S P P P 4 per green
Course(Private)
6. Golf Driving Range S S S S S S S S S 5 1.25 per tee(L)
7. Health Club P* P* P* P P P P 1 per 200 sq ft
8. Neighborhood Park or P P P P PP P PP P PPP P P Per approved site plan(L)
Playground
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 5 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
CITY OF WYLIE Zoning Ordinance
a
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
F.Retail,Personal Service& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DT SBO
Commercial 30 ED 20/ 10/ H H
26 24
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 S P 1 per 500 sq ft main structure
Yard (L)
9. Dry Cleaning or Laundry, P P P P P P* 1 per 350 sq ft(L)
Drop-Off or Self Service
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
CITY OF WYLIE Zoning Ordinance
a
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
F.RETAIL,PERSONAL.Svc& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
COM.,coNT. 30 ED 20/ 10/ H
26 24
14.Grocery Store S P P P P 1 per 300 sq ft(L)
15.Home Improvement Center, P P P 1 per 400 sq ft(L)
Lumber,Brick,or Building
Materials
16.Household Equipment& P P P P P 1 per 500 sq ft(L)
Appliance Repair
17.Motor Vehicle Fueling S P P P P Per site plan(L)
Station
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 P* P* P* 1 per 150 sq ft(L)
Drive-through Service
21.Restaurant without Drive-in P* P* P* P* P* P* P* P* 1 per 75 sq ft(L)
or Drive-through Service
22.Truck,Machinery&Heavy S P 1 per 600 sq ft of main
Equipment Sales,Service or structure(L)
Repair
23.Vehicle Display,Sales or P P 1 per 500 sq ft(L)
Service
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
CITY Or VAILIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
F.RETAIL,PERSONAL Svc& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO
COM.,CONT. 30 ED 20/ 10/ H R
26 24
24. Beer&Wine Package P* P* P* P* P* P* P* 1 per 250 sq ft(L)
Sales
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 S P* P* P* 1 per 250 sq ft(L)
Resale/Consignment or
Thrift Shop
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
CITY Or r'YLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
G.Utility,Transportation& AG/ SF- SF- SF- TH MF M NS C CC BG L I H I DTH SBO
Public Service 30 ED 20/ 10/ H R
26 24
1. Airport,Heliport or Landing S P P Per approved site plan(L)
Field
2. Animal Shelter P P 1 per 750 sq ft of main
structure
3. Commercial Bus Station, S P P Per approved site plan(L)
Terminal or Service Facility
4. Commercial Radio or TV S SPP Per approved site plan(L)
Transmitting Station
5. Electric Substation or Gas S P Per approved site plan
Regulator Station
6. Helipad S S PP 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 PPP P P P P P Per approved site plan
10.Post Office S S S S P PPP P P P P P Per approved site plan(L)
11.Radio,Television or S S S S S Per approved SUP
Microwave Tower
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
CITY OF NA/YLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
G.UTILITY,TRANS.&PUBLIC AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
SERVICE,CONT. 30 ED 20/ 10/ H
26 24
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 S P S P P Per approved site plan
without Shops or Offices
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 S P P S S S P P S S Per approved site plan
Installation other than listed
18.Water Treatment Plant, P P Per approved site plan
Reservoir or Water Storage
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
CITY OF WYLIE Zoning Ordinance
a
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
H.Industrial&Manufacturing AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
30 ED 20/ 10/ H
26 24
1. Asphalt or Concrete Batch S Per approved SUP(L)
Plant
2. Industrial(Inside) P* P* 1 per 1000 sq ft(L)
3. Industrial(Outside) S S Per approved site plan(L)
4. Light Assembly& P P P 1 per 1000 sq ft(L)
Fabrication
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 S 1 per 1000 sq ft(L)
Products(Inside)
8. Salvage or Reclamation of S Per approved SUP(L)
Products(Outside)
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
CFFY OF r'YLIE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
I. Wholesale,Distribution& AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
Storage 30 ED 20/ 10/ H
26 24
1. Auto Auction S Per approved site plan(L)
2. Contractor's Maintenance P* P P Per approved site plan(L)
Yard
3. Freight Terminal P Per approved site plan(L)
4. Landfill S Per approved SUP
5. Livestock Auction Pens or S Per approved SUP(L)
Sheds
6. Mini-warehouse(Self- S S I per 20 units
storage)
7. Office S P P P* P 1 per 750 sq ft(L)
Showroom/Warehouse
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 S P 1 per 1500 sq ft(L)
Center
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
CFrY Or 1r vriE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
J.Accessory Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
30 ED 20/ 10/ H
26 24
1. Accessory Agricultural P* S None
Buildings
2. Accessory Community P* P* P* P* P* P* P* P* P* P* P* P* 1 per 300 sq ft
Center(Private)
3. Accessory Game Court P* P* P* P* P* P* P* P* P* S P* P* None/Per approved site plan
(Private)
4. Accessory Outside Display P* P* P* P* P* P* None
of Merchandise
5. Accessory Outside Sales P* P* 1 per 500 sq ft
6. Accessory Outside Storage S P* P* None
7. Amateur Communication P* P* S S S P* P* P* P* P* P* P* None
Tower
8. Caretakers S PP P PP P P P P 1 per 1000 sq ft
Quarters/Domestic or
Security Unit
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
CFFY Or 1r vriE Zoning Ordinance
PERMITTED USES Residential Districts Non-Residential Districts Parking
Low- Medium- High-Density Commercial Industrial Mixed Uses
Density Density Residential
Residential Residential
K.Temporary Uses AG/ SF- SF- SF- TH MF M NS CR CC BG L I H I DTH SBO
30 ED 20/ 10/ H
26 24
1. Christmas Tree Sales T T T T T T T T 1 per 1000 sq ft
2. Occasional Sale/Garage P P P P P P P T T None
Sale
3. Seasonal Sales Stand T T T T T 1 per 1000 sq ft
4. Temporary Concrete or T T T T T T T T T T T T Per approved site plan
Asphalt Batch Plant
5. Temporary Construction T T T T T T 1 per 300 sq ft
Yard,or Construction or
Sales Office
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 T T Per approved site plan
Circus
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
CITY OF WYLIE Zoning Ordinance
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ARTICLE 5: USE REGULATIONS
y wa Lir 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 fanning, 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.
ARTICLE 5: USE REGULATIONS
y wa Lir 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
CI C'If OF
W LW 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.
ARTICLE 5: USE REGULATIONS
CI IN'OF WY LW 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
CI C'If OF
W LW 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 pet manent 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:
i. be separate from the manufactured home;
ARTICLE 5: USE REGULATIONS
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W LW Zoning Ordinance
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 pet tnanent
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.
(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.
ARTICLE 5: USE REGULATIONS
CI C'If OF WY LW Zoning Ordinance
(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:
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.
ARTICLE 5: USE REGULATIONS
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(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.
9. Single Family Dwelling, Detached
Definition: Single family dwellings means one dwelling unit located on a lot.
ARTICLE 5: USE REGULATIONS
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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
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:
ARTICLE 5: USE REGULATIONS
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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.
9. Library
Definition: Library means a nonprofit establishment for the loan or display of books.
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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.
(2) Pick-up and drop-off areas which will accommodate 6 school buses shall be
provided on-site.
14. School, Business
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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
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.
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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
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
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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.
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
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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.
F. Retail,Personal Service& Commercial Uses
1. Animal Clinic or Hospital
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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.
(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.
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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 2
automated
Automated single unit 2
Tunnel unit 5
(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.
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(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 galments,
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:
Discharge of fumes into the atmosphere is prohibited.
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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.
17. Motor Vehicle Fueling Station
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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
(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.
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(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 peuiiitted 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 pei mit 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.
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.
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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 pet mitted 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.
(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
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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 pet mitted 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.
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.
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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 peimuitted 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.
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.
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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 pet mission 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.
8. Mounted Antenna
a. Definition: Mounted Antenna means an antenna that is attached to a permitted
structure.
b. Additional Provisions:
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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 tiuil - ig
r atarfai s-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 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.
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(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.
(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.
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(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.
(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.
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(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.
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
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(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:
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.
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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 Peiiiiit 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
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;
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(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 7.1.1;
(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.
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.
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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.
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.
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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.
(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.
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(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 miltching-the-ti+atertal
(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.
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.)
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(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 t °=ial-
i-tl c-1 rim-y
(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 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:
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(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
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.
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(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.
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.
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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.
(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
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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 peunit if the specific
project requires an extension of time.
(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.
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(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.
(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.
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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
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
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
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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;
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
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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 Peiiiiit 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.
3. Entertainment or Amusement Events. Short-teuii 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:
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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
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.
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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 petmimit 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 peliiianent and consistent interpretative
decision which the Director shall apply in all future instances.
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
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H.B. No. 3167
AN ACT
relating to county and municipal approval procedure for land
development applications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1 . Section 212 .001, Local Government Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Plan" means a subdivision development plan,
including a subdivision plan, subdivision construction plan, site
plan, land development application, and site development plan.
13L "Plat" includes a preliminary plat, general plan,
final plat, and replat.
SECTION 2. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Section 212 .0085 to read as follows:
Sec. 212 .0085. APPROVAL PROCEDURE: APPLICABILITY. The
approval procedures under this subchapter apply to a municipality
regardless of whether the municipality has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242 .001 (d) ,
SECTION 3. The heading to Section 212.009, Local Government
Code, is amended to read as follows:
Sec. 212 .009. APPROVAL PROCEDURE: INITIAL APPROVAL.
SECTION 4. Section 212.009, Local Government Code, is
amended by amending Subsections (a) , (b) , (c) , and (d) and adding
Subsections (b-1) and (b-2) to read as follows:
(a) The municipal authority responsible for approving plats
shall approve, approve with conditions, or disapprove [act on] a
plan or plat within 30 days after the date the plan or plat is filed.
A plan or plat is [con3idcrod] approved by the municipal authority
unless it is disapproved within that period and in accordance with
Section 212.0091.
(b) If an ordinance requires that a plan or plat be approved
by the governing body of the municipality in addition to the
planning commission, the governing body shall approve, approve with
conditions, or disapprove [act on] the plan or plat within 30 days
after the date the plan or plat is approved by the planning
commission or is [con3idcrod] approved by the inaction of the
commission. A plan or plat is [con3idcrod] approved by the
governing body unless it is disapproved within that period and in
accordance with Section 212.0091.
(b-1) Notwithstanding Subsection (a) or (bL, if a
groundwater availability certification is required under Section
212 .0101, the 30-day period described by those subsections begins
on the date the applicant submits the groundwater availability
certification to the municipal authority responsible for approving,
plats or the governing body of the municipality, as applicable.
(b-2) Notwithstanding Subsection (a) or (bL, the parties
may extend the 30-day period described by those subsections for a
period not to exceed 30 days if:
j1) the applicant requests the extension in writing to
the municipal authority responsible for approving_plats or the
governing body of the municipality, as applicable; and
(2) the municipal authority or governing body, as
applicable, approves the extension request.
(c) If a plan or plat is approved, the municipal authority
giving the approval shall endorse the plan or plat with a
certificate indicating the approval. The certificate must be signed
by:
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(1) the authority' s presiding officer and attested by
the authority' s secretary; or
(2) a majority of the members of the authority.
(d) If the municipal authority responsible for approving
plats fails to approve, approve with conditions, or disapprove [act
eff] a plan or plat within the prescribed period, the authority on
the applicant's request shall issue a certificate stating the date
the plan or plat was filed and that the authority failed to act on
the plan or plat within the period. The certificate is effective in
place of the endorsement required by Subsection (c) .
SECTION 5. Subchapter A, Chapter 212, Local Government
Code, is amended by adding Sections 212 .0091, 212 .0093, 212 .0095,
212.0096, 212.0097, and 212.0099 to read as follows:
Sec. 212.0091. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (a) A municipal authority or governing,
body that conditionally approves or disapproves a plan or plat
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or reasons
for disapproval that clearly articulates each specific condition
for the conditional approval or reason for disapproval.
(b) Each condition or reason specified in the written
statement:
_(1) must:
JA) be directly related to the requirements under
this subchapter; and
_(B) include a citation to the law, including a
statute or municipal ordinance, that is the basis for the
conditional approval or disapproval, if applicable; and
(2) may not be arbitrary.
Sec. 212.0093. APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plan or plat under Section 212.0091,
the applicant may submit to the municipal authority or governing
body that conditionally approved or disapproved the plan or plat a
written response that satisfies each condition for the conditional
approval or remedies each reason for disapproval provided. The
municipal authority or governing body may not establish a deadline
for an applicant to submit the response.
Sec. 212.0095. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A municipal authority or governing body that
receives a response under Section 212 .0093 shall determine whether
to approve or disapprove the applicant' s previously conditionally
approved or disapproved plan or plat not later than the 15th day
after the date the response was submitted.
(b) A municipal authority or governing body that
conditionally approves or disapproves a plan or plat following the
submission of a response under Section 212.0093:
_(1) must comply with Section 212.0091; and
_(2) may disapprove the plan or plat only for a specific
condition or reason provided to the applicant under Section
212 .0091.
(c) A municipal authority or governing body that receives a
response under Section 212.0093 shall approve a previously
conditionally approved or disapproved plan or plat if the response
adequately addresses each condition of the conditional approval or
each reason for the disapproval.
(d) A previously conditionally approved or disapproved plan
or plat is approved if:
_(1) the applicant filed a response that meets the
requirements of Subsection (cL; and
J2) the municipal authority or governing body that
received the response does not disapprove the plan or plat on or
before the date required by Subsection (a) and in accordance with
Section 212.0091.
Sec. 212 .0096. APPROVAL PROCEDURE: ALTERNATIVE APPROVAL
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PROCESS. (a) Notwithstanding Sections 212 .009, 212 .0091, 212 .0093,
and 212 .0095, an applicant may elect at any time to seek approval
for a plan or plat under an alternative approval process adopted by
a municipality if the process allows for a shorter approval period
than the approval process described by Sections 212.009, 212.0091,
212.0093, and 212.0095.
(b) An applicant that elects to seek approval under the
alternative approval process described by Subsection (a) is not:
(1) required to satisfy the requirements of Sections
212 .009, 212 .0091, 212 .0093, and 212.0095 before bringing an action
challenging a disapproval of a plan or plat under this subchapter;
and
J2) prejudiced in any manner in bringing the action
described by Subdivision (1L, including satisfying a requirement to
exhaust any and all remedies.
Sec. 212.0097 . APPROVAL PROCEDURE: WAIVER PROHIBITED. A
municipal authority responsible for approving_plats or the
governing body of a municipality may not request or require an
applicant to waive a deadline or other approval procedure under
this subchapter.
Sec. 212 .0099. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plan or plat under this
subchapter, the municipality has the burden of proving by clear and
convincing evidence that the disapproval meets the requirements of
this subchapter or any applicable case law. The court may not use a
deferential standard.
SECTION 6. Section 212 .014, Local Government Code, is
amended to read as follows:
Sec. 212.014. REPLATTING WITHOUT VACATING PRECEDING PLAT.
A replat of a subdivision or part of a subdivision may be recorded
and is controlling over the preceding plat without vacation of that
plat if the replat:
(1) is signed and acknowledged by only the owners of
the property being replatted;
(2) is approved[, aftcr a public hcaring on thc mattcr
at which partics in intcrc3t and citizon3 havc an opportunity to bc
hoard, ] by the municipal authority responsible for approving plats;
and
(3) does not attempt to amend or remove any covenants
or restrictions.
SECTION 7. Section 212 .015, Local Government Code, is
amended by adding Subsections (a-1) , (f) , and (g) and amending
Subsection (b) to read as follows:
_(a-1) If a proposed replat described by Subsection (a)
requires a variance or exception, a public hearing must be held by
the municipal planning commission or the governing body of the
municipality.
(b) Notice of the hearing required under Subsection (a-l)
[Scction 212.014] shall be given before the 15th day before the date
of the hearing by:
(1) publication in an official newspaper or a
newspaper of general circulation in the county in which the
municipality is located; and
(2) by written notice, with a copy of Subsection (c)
attached, forwarded by the municipal authority responsible for
approving plats to the owners of lots that are in the original
subdivision and that are within 200 feet of the lots to be
replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial
jurisdiction, the most recently approved county tax roll of the
property upon which the replat is requested. The written notice may
be delivered by depositing the notice, properly addressed with
postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
_(f) If a proposed replat described by Subsection (a) does
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not require a variance or exception, the municipality shall, not
later than the 15th day after the date the replat is approved,
provide written notice by mail of the approval of the replat to each
owner of a lot in the original subdivision that is within 200 feet
of the lots to be replatted according to the most recent
municipality or county tax roll. This subsection does not apply to
a proposed replat if the municipal planning commission or the
governing body of the municipality holds a public hearing and gives
notice of the hearing in the manner provided by Subsection (b) .
(g) The notice of a replat approval required by Subsection
_(f) must include:
_(1) the zoning designation of the property after the
replat; and
_(2) a telephone number and e-mail address an owner of a
lot may use to contact the municipality about the replat.
SECTION 8. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Section 232 .0023 to read as follows:
Sec. 232.0023. APPROVAL PROCEDURE: APPLICABILITY. The plat
application approval procedures under this subchapter apply to a
county regardless of whether the county has entered into an
interlocal agreement, including an interlocal agreement between a
municipality and county under Section 242.001 (dL,
SECTION 9. The heading to Section 232.0025, Local
Government Code, is amended to read as follows:
Sec. 232 .0025. APPROVAL PROCEDURE: TIMELY APPROVAL OF PLATS
AND PLANS.
SECTION 10. Section 232 .0025, Local Government Code, is
amended by amending Subsections (d) , (f) , (g) , (h) , and (i) , and
adding Subsection (d-1) to read as follows:
(d) Except as provided by Subsection (f) , the commissioners
court or the court' s designee shall approve, approve with
conditions, or disapprove [takc final action on] a plat
application[, including thc rc3olution of all appcal3, ] not later
than the 30th [60th] day after the date the [73-] completed [15-1-a ]
application is received by the commissioners court or the court' s
designee. An application is approved by the commissioners court or
the court's designee unless the application is disapproved within
that period and in accordance with Section 232.0026.
_( ) Notwithstanding Subsection (d)_, if a groundwater
availability certification is required under Section 232.0032, the
30-day period described by that subsection begins on the date the
applicant submits the groundwater availability certification to
the commissioners court or the court's designee, as applicable.
(f) The 30-day [CO day] period under Subsection (d) :
(1) may be extended for a [rca3onablc] period not to
exceed 30 days, if:
_(A) requested and agreed to in writing by the
applicant and approved by the commissioners court or the court' s
designee; or
_(BL [ (2) may bc extended 60 additional day, if]
Chapter 2007, Government Code, requires the county to perform a
takings impact assessment in connection with the [ft] plat
application; and
J2)_ [ (3) ] applies only to a decision wholly within the
control of the commissioners court or the court' s designee.
(g) The commissioners court or the court's designee shall
make the determination under Subsection Jf)__(1)_ [ (f) (2) ] of whether
the 30-day [60 day] period will be extended not later than the 20th
day after the date a completed plat application is received by the
commissioners court or the court' s designee.
(h) The commissioners court or the court' s designee may not
require [compcl] an applicant to waive the time limits or approval
procedure contained in this subchapter [3cction] .
(i) If the commissioners court or the court' s designee fails
to approve, approve with conditions, or disapprove a plat
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application [t-a-Ite—f---i-n-a--l—a-e-t--i-e-n—o-n—t--1-re—p ] as required by this
subchapter [Sub,cction (d) ] :
(1) the commissioners court shall refund the greater
of the unexpended portion of any [plat] application fee or deposit
or 50 percent of an [a plat] application fee or deposit that has
been paid;
(2) the [plot] application is granted by operation of
law; and
(3) the applicant may apply to a district court in the
county where the tract of land is located for a writ of mandamus to
compel the commissioners court to issue documents recognizing the
plat application's [plat' 3] approval.
SECTION 11. Subchapter A, Chapter 232, Local Government
Code, is amended by adding Sections 232.0026, 232.0027, 232.0028,
232.00285, and 232.0029 to read as follows:
Sec. 232.0026. APPROVAL PROCEDURE: CONDITIONAL APPROVAL OR
DISAPPROVAL REQUIREMENTS. (a) A commissioners court or designee
that conditionally approves or disapproves of a plat application
under this subchapter shall provide the applicant a written
statement of the conditions for the conditional approval or the
reasons for disapproval that clearly articulates each specific
condition for the conditional approval or reason for disapproval.
(b) Each condition or reason specified in the written
statement:
J1) must:
JA) be directly related to the requirements of
this subchapter; and
(B) include a citation to the law, including a
statute or order, that is the basis for the conditional approval or
disapproval, if applicable; and
(2) may not be arbitrary.
Sec. 232.0027 . APPROVAL PROCEDURE: APPLICANT RESPONSE TO
CONDITIONAL APPROVAL OR DISAPPROVAL. After the conditional
approval or disapproval of a plat application under Section
232.0026, the applicant may submit to the commissioners court or
designee that conditionally approved or disapproved the
application a written response that satisfies each condition for
the conditional approval or remedies each reason for disapproval
provided. The commissioners court or designee may not establish a
deadline for an applicant to submit the response.
Sec. 232 .0028. APPROVAL PROCEDURE: APPROVAL OR DISAPPROVAL
OF RESPONSE. (a) A commissioners court or designee that receives a
response under Section 232.0027 shall determine whether to approve
or disapprove the applicant' s previously conditionally approved or
disapproved plat application not later than the 15th day after the
date the response was submitted under Section 232.0027 .
(b) A commissioners court or designee that conditionally
approves or disapproves a plat application following the submission
of a response under Section 232 .0027 :
J1) must comply with Section 232 .0026; and
(2) may disapprove the application only for a specific
condition or reason provided to the applicant for the original
application under Section 232.0026.
(c) A commissioners court or designee that receives a
response under Section 232.0027 shall approve a previously
conditionally approved or disapproved plat application if the
applicant's response adequately addresses each condition for the
conditional approval or each reason for the disapproval.
(d) A previously conditionally approved or disapproved plat
application is approved if:
J1) the applicant filed a response that meets the
requirements of Subsection (c)_; and
J2) the commissioners court or designee that received
the response does not disapprove the application on or before the
date required by Subsection (a) and in accordance with Section
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7/26/2019 Text
232 .0026.
Sec. 232.00285. DEVELOPMENT PLAN REVIEW. (a) In this
section, "development plan" includes a preliminary plat,
preliminary subdivision plan, subdivision construction plan, site
plan, general plan, land development application, or site
development plan.
_(b) Unless explicitly authorized by another law of this
state, a county may not require a person to submit a development
plan during the plat approval process required by this subchapter.
If a county is authorized under another law of this state to require
approval of a development plan, the county must comply with the
approval procedures under this subchapter during the approval
process.
Sec. 232 .0029. JUDICIAL REVIEW OF DISAPPROVAL. In a legal
action challenging a disapproval of a plat application under this
subchapter, the county has the burden of proving by clear and
convincing evidence that the disapproval meets the requirements of
this subchapter or any applicable case law. The court may not use a
deferential standard.
SECTION 12. Section 232 .0025 (e) , Local Government Code, is
repealed.
SECTION 13. The change in law made by this Act applies only
to a plat application filed on or after the effective date of this
Act. A development or plan application filed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 14 . This Act takes effect September 1, 2019.
President of the Senate Speaker of the House
I certify that H.B. No. 3167 was passed by the House on May 2,
2019, by the following vote: Yeas 119, Nays 18, 1 present, not
voting.
Chief Clerk of the House
I certify that H.B. No. 3167 was passed by the Senate on May
21, 2019, by the following vote: Yeas 27, Nays 3, 1 present, not
voting
Secretary of the Senate
APPROVED:
Date
Governor
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CITY OF WYLIE
ZONING ORDINANCE
ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES
SECTION 8.1 ZONING-RELATED APPLICATIONS
A. General
1. Submission - • of an Application
a. Pre-application Conference
(1) An applicant for a change in zoning is encouraged required to request a pre-
application conference with the City PlannerDirector prior to formal application.
(2) At the pre-application conference, the applicant shalkhould present a draft
concept plan with as much detail as possible.
(3) Based on the information presented, the City Planner 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.
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ac. A Ssubmittal Sschcdule is available posted on the City of Wylie \A,ebsite planning
calendar and in the Planning offices. All subriuntals sltall only be accepted on those
dates listed.
db,Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared
by a registered architect, engineer, landscape architect, or certified city planner.
bee. DocumentsQuantity Required. The applicant shall submit the following quantities
of submittalsdocuments in support of an application in order to provide for adequate
review of the application:
(1) Physical and/or electronic copies of all conce t site and landscape
plans, elevations and other drawings that form the submittal, in a format
determined by the City Planner which shall be listed on the submittal application
requirements. •
(2) One copy of a completed the Application form •
, a pre-development letter, and a legal
description of all tracts involved in the application.
CITY OF\ t:F ZONING ORDINANCE
(3) If needed, Qpne copy of the Development Schedule, Preliminary Service plan,
Draft Development Agreement and any other supporting material as may be
required.
23. 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
thirty (30) feet of the abutting street, or as determined by the City Planner e-ter o
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 City Planner 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 foiui 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 City Planner 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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ t:F ZONING ORDINANCE
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.
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C. Required Concept Plan
1. Applicability
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 City PlannerDirector, 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:
•
(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:
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ t:F ZONING ORDINANCE
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.
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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE ZONING ORDINANCE
(3) The Staff and Commission shall determine that the required desirables have been
achieved with the site plan.
4. Site Plan Content
a. Size. Required site plans shall be prepared on a standard sheet size not to exceed 24"x
prepared by registered engineer, architect or landscape architect. In the event a single
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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE ZONING ORDINANCE
e. Off-Street Parking and Loading Areas
(1) Number, location and dimension of spaces;
(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 City Planner, or his/her designee, will review and certify that the
required desirables have been achieved.
5. Site Plan Review and Approval
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CtT'y? rF WvtF ZONING ORDINANCE
a. Review of Site Plans
(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. Appa°al erf----9'la n-f ; ( o nn-Tn.!+ion V-e,4s-i)n Any denial must be followed with a
statement o reasons for.,.,.denial eiting Tecitic sections (Wall ordinances or 7Lcodes.
• applicant developer submits a revised plan addressing the reasons. the site plan
plan/plat must be iipproyed by the Commission or Council within 15 day or receipt
Lcupt
enfae visjonS,_or
• Municipal authorityCouncil can deny staating aany conditions not yet met,
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.
CITY OF\ tF ZONING ORDINANCE
(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.
(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 pet tnit
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;
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE ZONING ORDINANCE
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.
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
ARTICLE 8: DEVELO MENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE
ZONING ORDINANCE
regular members and any vacancies shall be filled in the same manner, and they shall be
subject to removal as regular members.
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 peliilit; 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 folin 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
deteliiiination 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:
CITY OF WYLIE 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 deteliiiination
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.
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
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPPMENT REVIEW PROCEDURES
CITY OF\ t:F ZONING ORDINANCE
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 hat 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.
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:
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ t:F ZONING ORDINANCE
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
teliiis 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;
(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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ tF ZONING ORDINANCE
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.
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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE ZONING ORDINANCE
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 confoiiuity 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
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.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ tF ZONING ORDINANCE
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 peliiiitted 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.
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
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF\ t:F ZONING ORDINANCE
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
Sub ivision
e u a •
ions
February, 2003
Amended July 2007
City of Wylie, Texas Subdivision Ordinancel
Adopted 2-25-03,Amended 7-24-07
TABLE OF CONTENTS
I. GENERAL PROVISIONS 4
SECTION 1.1: AUTHORITY; EXTENSION TO EXTRATERRITORIAL JURISDICTION 4
SECTION 1.2: INTERPRETATION AND PURPOSE 4
SECTION 1.3: APPLICATION OF REGULATIONS 6
SECTION 1.4: JURISDICTION 7
SECTION 1.5: EXEMPTIONS 8
SECTION 1.6: PENDING APPLICATIONS 9
SECTION 1.7: INTERPRETATION; CONFLICT; SEVERABILITY 9
SECTION 1.8: SAVING PROVISION 10
SECTION 1.9: VARIANCES/WAIVERS 10
SECTION 1.10: PAYMENT OF ALL INDEBTEDNESS ATTRIBUTABLE TO A SPECIFIC PROPERTY 12
SECTION 1.11: RIGHT TO DENY HEARING AND PLAT 12
SECTION 1.12: MISREPRESENTATION OF FACTS 12
SECTION 1.13: DEFINITIONS 12
II. PROCEDURES 20
SECTION 2.1: PRE-APPLICATION PROCEDURES 20
SECTION 2.2: STATUTORY PROCEDURES 20
SECTION 2.3: CONCEPT PLAN APPROVAL 27
SECTION 2.4: PROCEDURES AND SUBMISSION REQUIREMENTS 28
SECTION 2.5: PROCEDURES AND SUBMISSION REQUIREMENTS FOR FINAL PLAT APPROVAL33
SECTION 2.6: (RESERVED) 40
SECTION 2.7: DEVELOPMENT PLATS 40
SECTION 2.8: REPLATTING 42
SECTION 2.9: AMENDING PLATS 44
SECTION 2.10: PLAT VACATION 45
SECTION 2.11: MINOR PLATS 47
SECTION 2:12: ABANDONMENT OF RIGHT-OF-WAY 47
III. SUBDIVISION DESIGN STANDARDS 50
SECTION 3.1: STREETS 50
SECTION 3.2: ALLEYS 63
SECTION 3.3: EASEMENTS 64
SECTION 3.4: BLOCKS 65
SECTION 3.5: SIDEWALKS 65
SECTION 3.6: LOTS 66
SECTION 3.7: BUILDING LINES 66
SECTION 3.8: UTILITY SERVICES(NOT PROVIDED BY THE CITY OF WYLIE) 67
SECTION 3.9: WATER AND WASTEWATER FACILITY DESIGN 69
SECTION 3.10: STORM WATER COLLECTION AND CONVEYANCE SYSTEMS 70
IV. PUBLIC SITES AND OPEN SPACES 72
City of Wylie, Texas Subdivision Ordinance2
Adopted 2-25-03,Amended 7-24-07
SECTION 4.1: AREAS FOR PUBLIC USE 72
SECTION 4.2: PROTECTION OF DRAINAGE AND CREEK AREAS 72
SECTION 4.3: PROPERTY OWNERS OR HOMEOWNERS ASSOCIATIONS 75
SECTION 4.4: PARK LAND& PUBLIC FACILITY DEDICATION 77
V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF THE
SUBDIVISION BY THE CITY 79
SECTION 5.1: IMPROVEMENTS,IN GENERAL 79
SECTION 5.2: MONUMENTS 80
SECTION 5.3: STREET LIGHTS 80
SECTION 5.4: STREET NAMES AND SIGNS 81
SECTION 5.5: RETAINING WALL REQUIREMENTS 82
SECTION 5.6: SCREENING AND LANDSCAPING 82
SECTION 5.7: WATER AND WASTEWATER REQUIREMENTS 84
SECTION 5.8: IMPROVEMENT OF ADJACENT(PERIMETER) STREETS AND UTILITIES 85
SECTION 5.9: STORM DRAINAGE AND WATER QUALITY CONTROLS 86
VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE
CITY OF WYLIE 87
SECTION 6.1: WITHHOLDING CITY SERVICES AND IMPROVEMENTS UNTIL ACCEPTANCE 87
SECTION 6.2: GUARANTEE OF PUBLIC IMPROVEMENTS 87
SECTION 6.3: TEMPORARY IMPROVEMENTS 89
SECTION 6.4: GOVERNMENT UNITS 89
SECTION 6.5: FAILURE TO COMPLETE IMPROVEMENTS 89
SECTION 6.6: ACCEPTANCE OF DEDICATION OFFERS 90
SECTION 6.7: MAINTENANCE AND GUARANTEE OF PUBLIC IMPROVEMENTS 90
SECTION 6.8: CONSTRUCTION PROCEDURES 90
SECTION 6.9: INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS 91
SECTION 6.10: DEFERRAL OF REQUIRED IMPROVEMENTS 92
SECTION 6.11: ISSUANCE OF BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 93
VII. FILING FEES & PLAT RE-SUBMISSION REQUIREMENTS 94
SECTION 7.1: SCHEDULE OF FEES AND RE-SUBMISSION REQUIREMENTS 94
VIII. EFFECTIVE DATE; ADOPTION 95
SECTION 8.1: EFFECTIVE DATE 95
SECTION 8.2: ADOPTION OF ORDINANCE 95
City of Wylie, Texas Subdivision Ordinance3
Adopted 2-25-03,Amended 7-24-07
GENERAL PROVISIONS
Section 1.1: Authority; Extension to Extraterritorial Jurisdiction
1.1 A. This Ordinance is adopted under the authority of the Constitution and laws of the State
of Texas, including Chapter 212, Texas Local Government Code, being adopted after a
public hearing on the matter held on February 25, 2003.
B. The following rules and regulations are hereby adopted as the Subdivision Ordinance of
the City of Wylie, Texas, also referred to herein as "this Ordinance". The City Council
hereby extends the application of this Ordinance to the extraterritorial jurisdiction of the
City of Wylie, as that area may exist from time to time. This Ordinance shall be
applicable to the filing of plats and the subdivision of land, as that term is defined herein
and in Chapter 212 of the Texas Local Government Code, within the corporate limits of
the City of Wylie and its extraterritorial jurisdiction as they may be from time to time
adjusted by annexation or disannexation. The City shall have all remedies and rights
provided by said Chapter 212 with regard to the control and approval of subdivisions and
plats both within the City and within its extraterritorial jurisdiction.
Section 1.2: Interpretation and Purpose
1.2 In the interpretation and application of the provisions of this Ordinance, it is the intention of
the City Council that the principles, standards and requirements provided for herein shall be
minimum requirements for the platting and developing of subdivisions within the City of
Wylie and its extraterritorial jurisdiction.
The subdivision of land is the first step in the process of development. The distribution and
relationship of residential, nonresidential and agricultural uses throughout the community,
along with the system of improvements for thoroughfares, utilities, public facilities and
community amenities, determine, in large measure, the quality of life enjoyed by the
residents of the community. Health, safety, economy, amenities, environmental sensitivity,
and convenience are all factors,which influence and determine a community's quality of life
and overall character. A community's quality of life is of the public interest. Consequently,
the subdivision of land, as it affects a community's quality of life, is an activity where
regulation is a valid function of municipal government. The regulations contained herein are
intended to encourage the development of a quality municipal environment by establishing
standards for the provision of adequate light, air, open space, storm water drainage,
transportation, public utilities and facilities, and other needs necessary for ensuring the
creation and continuance of a healthy, attractive, safe and efficient community that provides
for the conservation, enhancement and protection of its human and natural resources.
City of Wylie, Texas Subdivision Ordinance4
Adopted 2-25-03,Amended 7-24-07
Through the application of these regulations, the interests of the public, as well as those of
public and private parties, both present and future, having interest in property affected by
this Ordinance, are protected by the granting of certain rights and privileges. By establishing
a fair and rational procedure for developing land, the requirements in this Ordinance further
the possibility that land will be developed for its most beneficial use in accordance with
desired social, economic and environmental conditions.
The procedure and standards for the development, layout and design of subdivisions of land
within the corporate limits and extraterritorial jurisdiction of the City of Wylie, Texas are
intended to:
A. Promote the development and the utilization of land in a sustainable manner that assures
an attractive and high quality community environment in accordance with the
Comprehensive Plan and the Zoning Ordinance of the City of Wylie;
B. Guide and assist property owners and applicants in the correct procedures to be followed,
and to inform them of the standards which shall be required;
C. Protect the public interest by imposing standards for the location, design, class and type
of streets, walkways (sidewalks), alleys, utilities and essential public services;
D. Assist orderly, efficient and coordinated development within the City limits and
extraterritorial jurisdiction;
E. Provide neighborhood conservation and prevent the development of slums and blight;
F. Integrate the development of various tracts of land into the existing community, and
coordinate the future development of adjoining tracts;
G. Provide that the cost of improvements to minimum standards which primarily benefit the
tract of land being developed be borne by the owners or developers of the tract, and that
the cost of improvements to minimum standards which primarily benefit the whole
community be borne by the whole community as contained in this Ordinance;
H. Ensure the most efficient and beneficial provision of public facilities and services for
each tract being subdivided;
I. Provide for compatible relationships between land uses and buildings; provide for the
circulation of traffic throughout the municipality, having particular regard to the
avoidance of congestion in the streets and highways; provide for pedestrian circulation
that is appropriate for the various uses of land and buildings; and provide the proper
location and width of streets;
J. Prevent pollution of the air, streams and bodies of water; assure the adequacy of drainage
facilities; safeguard both surface and groundwater supplies, as well as natural resources
and endangered or threatened plant and animal life; and encourage the wise use and
management of natural resources throughout the municipality in order to preserve the
integrity, stability and beauty of the community and the value of the land;
City of Wylie, Texas Subdivision Ordinance5
Adopted 2-25-03,Amended 7-24-07
K. Promote sustainability of development through the preservation of the natural beauty and
topography of the municipality, and ensure development that is appropriate with regard
to these natural features;
L. Establish adequate and accurate records of land subdivision;
M. Ensure that public or private facilities are available and will have sufficient capacity to
serve proposed and future developments and citizens within the City and its
extraterritorial jurisdiction;
N. Protect and provide for the public health, safety and general welfare of the community;
O. Provide for adequate light, air and privacy; secure safety from fire, flood and other
danger; and prevent overcrowding of the land and undue congestion of population;
P. Protect the character and the social and economic stability of all parts of the community,
and encourage the orderly and beneficial development of all parts of the community;
Q. Protect and conserve the value of land throughout the community and the value of
buildings and improvements upon the land, and minimize conflicts among the uses of
land and buildings;
R. Guide public and private policy and action in providing adequate and efficient
transportation systems,public utilities, and other public amenities and facilities; and
S. Encourage the development of a stable,prospering economic environment.
Minimum standards for development are contained in the City's Design Manuals and
Standard Construction Details, the Zoning Ordinance, the Building Code, applicable
articles of the Code of Ordinances, and in this Ordinance. However, the Comprehensive
Plan and Future Land Use Plan express policies designed to achieve an optimum quality
of development in Wylie and its extraterritorial jurisdiction. If only the minimum
standards are followed, as expressed by the various ordinances regulating land
development, a standardization of development will occur. This will produce a
monotonous municipal setting and physical environment within the community.
Subdivision design shall be of a quality that will carry out the purpose and spirit of the
policies expressed within the Comprehensive Plan and within this Ordinance, and shall
be encouraged to exceed the minimum standards required herein.
Section 1.3: Application of Regulations
A. If land is required to be platted, no conveyance or sale of any portion or Lot of the
property may occur until a final plat is approved by the City Council and recorded in the
land records of the appropriate County of Record.
City of Wylie, Texas Subdivision Ordinance6
Adopted 2-25-03,Amended 7-24-07
B. No subdivision plat shall be recorded until a final plat, accurately describing the property
to be conveyed, has been approved in accordance with this Ordinance and with other
applicable City regulations (described in Subsection 1.3(b.)below). No building permit,
certificate of occupancy, plumbing peimit, electrical permit, flood plain peimit, utility
tap, or certificate of acceptance for required public improvements shall be issued by the
City for any parcel of land or plat until:
1. A final plat has been approved in accordance with this Ordinance; and
2. All improvements required by this Ordinance have been constructed and accepted by
the City of Wylie, or
3. Assurances for completion of improvements have been provided in accordance with
Section 6 of this Ordinance.
C. Compliance with all City ordinances pertaining to the subdivision of land, and the
Comprehensive Plan, shall be required prior to approval of any development application
governed by this Ordinance. It is the property owner's responsibility to be familiar with,
and to comply with, City ordinances. Applicable ordinances and requirements include,
but are not limited to, the following:
1. Comprehensive Plan,which includes the Future Land Use Plan,Thoroughfare Plan,
Park and Open Space Plan, and associated maps and plans;
2. Zoning Ordinance (Ordinance No. 01-48 and 01-52, as amended);
3. Applicable Chapters of the City's Code of Ordinances;
4. Design Manuals for Storm Drainage Systems, Water and Sanitary Sewer-Lines
and Thoroughfares; and
5. Standard Construction Details.
6. Storm Water Management Plan
Section 1.4: Jurisdiction
1.4 The provisions of this Ordinance shall apply to the following forms of land subdivision and
development activity within the City's limits and its extraterritorial jurisdiction:
A. The division of land into two or more tracts, lots, sites or parcels; or
B. All subdivisions of land whether by metes and bounds division or by plat, which were
outside the jurisdiction of the City's subdivision regulations in the appropriate County of
Record, Texas and which subsequently came within the jurisdiction of the City's
subdivision regulations through:
City of Wylie, Texas Subdivision Ordinance?
Adopted 2-25-03,Amended 7-24-07
1. Annexation; or
2. Extension of the City's extraterritorial jurisdiction; or
C. The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of
creating one or more legal lots in order to achieve a more developable site, except as
otherwise provided herein; or
D. When a building permit is required for unplatted or improperly platted parcels for one of
the following uses:
1. Residential single-family:
(a) Construction of a new single-family dwelling unit; or
(b) Moving of a primary structure or a main building onto a piece of property; or
(c) Renovation or expansion of an existing main building in excess of 50% of the
square feet of the current structure; or
2. Nonresidential and multi-family:
(a) Construction of a new nonresidential or multi-family structure; or
(b) Additions, or modification of an existing building in excess of 50% of its current
size; or
(c) Moving a primary structure onto a piece of property; or
3. For tracts where any public improvements are proposed; or
4. Whenever a property owner proposes to divide land lying within the City or its
extraterritorial jurisdiction into two or more tracts, and claims exemption from
Subchapter A of Chapter 212 of the Texas Local Government Code for purposes of
development, that results in parcels or lots all greater than five (5) acres in size; or in
the event that development of any such tract is intended, and where no public
improvement is proposed to be dedicated, he shall first obtain approval of a
development plat that meets the requirements of Texas Local Government Code
Chapter 212, Subchapter B, Regulation of Property Development, Sections 212.041
through 212.050. (See Section 2.7 of this Ordinance for requirements for
development plats.)
Section 1.5: Exemptions
1.5 The provisions of this Ordinance shall not apply to:
A. Development of land legally platted and approved prior to the effective date of this
Ordinance, except as otherwise provided for herein and for which no re-subdivision is
sought; or
City of Wylie, Texas Subdivision Ordinance8
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B. Development of land constituting a single tract, lot, site or parcel for which a legal deed
of record describing the boundary of said tract, lot, site or parcel was filed of record in
the Deed Records of appropriate County of Record, Texas on or before February 25,
2003; or
C. Sale, inheritance, or gift of land by metes and bounds of tracts greater than five(5) acres
in size and upon which no improvements, subdivision or alteration is occurring; or
D. Existing cemeteries complying with all State and local laws and regulations; or
E. Divisions of land created by order of a court of competent jurisdiction; or
F. When a building permit is requested for unplatted or improperly platted parcels for one
or more of the following activities:
1. Replacement or reconstruction of an existing primary single-family or duplex
structure, but not to exceed the square footage of the original structure; or
2. Remodeling or repair of an existing primary structure which involves no expansion
of square footage beyond the original structure; or
3. Construction of subordinate facilities such as fences and accessory buildings (as
defined in the Zoning Ordinance); or
4. Moving a structure off a lot or parcel, or for demolition permits.
Section 1.6: Pending Applications
1.6 All applications for plat approval, including final plats, that are pending on the effective date
of this Ordinance and which have not lapsed shall be reviewed under the regulations in effect
immediately preceding the effective date of this Ordinance.
Section 1.7: Interpretation; Conflict; Severability
1.7
A. Interpretation. In their interpretation and application, the provisions of the regulations
contained in this Ordinance shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare. These regulations shall be
construed broadly to promote the purposes for which they are adopted.
B. Conflict With Other Laws. These regulations are not intended to interfere with,abrogate,
or annul any other ordinance, rule or regulation, statute or other provision of law except
as provided in this Ordinance. To the extent that this Ordinance promulgates standards
or imposes restrictions or duties which differ from those imposed by other City
ordinances, rules or regulations, the regulations contained within this Ordinance shall
supersede such other provisions to the extent of any conflict or inconsistency.
City of Wylie, Texas Subdivision Ordinance9
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C. Severability. If any part or provision of this Ordinance, or the application of this
Ordinance to any person or circumstance, is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operation to the part, provision, or
application directly involved in the controversy in which the judgment shall be rendered,
and it shall not affect or impair the validity of the remainder of these regulations or the
application of them to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of these regulations even without any such part,
provision, or application which is judged to be invalid.
Section 1.8: Saving Provision
1.8 This Ordinance shall not be construed as abating any action now pending under, or by virtue
of,prior existing subdivision regulations, or as discontinuing, abating, modifying or altering
any penalty accruing or about to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the City under any section or provision existing at the
time of adoption of this Ordinance, or as vacating or annulling any rights obtained by any
person,firm or corporation,by lawful action of the City except as shall be expressly provided
in this Ordinance.
Section 1.9: Variances/Waivers
1.9 A. General. Where the Zoning Board of Adjustment finds that undue hardships will result
from strict compliance with a certain provision(s) of this Ordinance, or where the
purposes of these regulations may be served to a greater extent by an alternative proposal,
the Board may approve a variance or waiver from any portion of these regulations so that
substantial justice may be done and the public interest is secured, provided that the
variance or waiver shall not have the effect of nullifying the intent and purpose of these
regulations, and further provided that the Zoning Board of Adjustment shall not approve
a variance or waiver unless it shall make findings based upon the evidence presented to
it in each specific case that:
1. Granting the variance or waiver will not be detrimental to the public safety, health or
welfare, and will not be injurious to other property or to the owners of other property,
and the variance or waiver will not prevent the orderly subdivision of other property
in the vicinity;
2. The conditions upon which the request for a variance or waiver is based are unique
to the property for which the variances or waiver is sought, and are not applicable
generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the property owner would
result, as distinguished from a mere inconvenience, if the strict letter of these
regulations is carried out;
4. The variance or waiver will not in any manner vary the provisions of the Zoning
Ordinance or Comprehensive Plan or any other adopted plan(s) of the City;
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5. An alternate design will generally achieve the same result or intent as the standards
and regulations prescribed herein.
Such findings of the Zoning Board of Adjustment, together with the specific facts
upon which such findings are based, shall be incorporated into the official minutes of
the Board meeting at which a variance or waiver is considered. A variance or waiver
from any provision of this Ordinance may be granted only when in harmony with the
general purpose and intent of this Ordinance so that the public health, safety and
welfare may be secured and substantial justice done. Economic hardship to the
property owner or developer, standing alone, shall not be deemed to constitute undue
hardship.
B. Criteria for Variance or Waiver From Development Exactions. Where the Zoning Board
of Adjustment finds that the imposition of any development exaction pursuant to these
regulations exceeds reasonable benefit to the property owner, or is so excessive as to
constitute confiscation of the tract to be platted, it may approve a full or partial, at its
discretion, variance or waiver to such requirements, so as to prevent such excess.
C. Conditions. In approving a variance or waiver, the Zoning Board or Adjustment may
require such conditions as will, in its judgment, secure substantially the purposes
described in Section 1.2.
D. Procedures. An application for a variance or waiver shall be submitted in writing by the
property owner to the Board of Adjustment before the plat is submitted for the
consideration of the Commission. The application shall state fully the grounds for the
application, and all of the facts relied upon by the applicant. Where a hardship is
identified during concept plan review pursuant to the Zoning Ordinance or during
subdivision review pursuant to this Ordinance which requires issuance of a variance or
waiver from a provision in this Ordinance, the Commission or Council may not
recommend approval of the concept plan. The applicant will be directed to submit an
application for a variance or waiver to the Zoning Board of Adjustment. No plat shall be
approved which does not fully conform to the provisions of this Ordinance. All variance
or waiver shall have final approval or disapproval by the Zoning Board of Adjustment.
E. Criteria for Variance or Waiver for Street Exactions. Where the Zoning Board of
Adjustment finds that the imposition of any dedication or construction requirement for
streets pursuant to these regulations exceeds reasonable benefit to the property to be
platted, it may approve variance or waiver for such requirements so as to prevent such
excess. In order to qualify for a variance or waiver under this Section,the property owner
shall demonstrate that the costs of right-of-way dedication and construction of non-local
streets imposed pursuant to these regulations substantially exceeds the incremental costs
of providing land and transportation improvements necessary to offset the additional
traffic impacts generated by, or attributable to, the development upon the transportation
network serving the property, including that which may be generated by or attributed to
other phases to be platted in the future.
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Section 1.10: Payment of All Indebtedness Attributable to a Specific Property
1.10 No approved plat or replat shall be allowed to be recorded on any piece of land on which are
owed delinquent taxes, delinquent paving assessments, delinquent fees, or any other
delinquent debts or obligations to the City of Wylie, and which are directly attributable to
that piece of property, until the taxes, assessments, debts or obligations directly attributable
to said property and owed by the property owner or previous owner thereof shall have been
first fully discharged by payment, or until an arrangement satisfactory to the City Manager
(or designee) has been made for the payment of such debts or obligations. It shall be the
applicant's responsibility to provide evidence or proof that all taxes, assessments, debts or
obligations have been paid at the time of submission for any application for approval under
this Ordinance.
Section 1.11: Right to Deny Hearing and Plat
1.11 The City may deny a hearing and any approval if the applicant does not submit the complete
information and fees required by this Ordinance in a timely manner.
Section 1.12: Misrepresentation of Facts
1.12 Misrepresentation of Facts. It shall be a violation of this Ordinance for any person to
knowingly or willfully misrepresent, or fail to include, any information required by this
Ordinance in any plat application or during any public hearing or meeting or the Commission
or City Council. Such a violation shall constitute grounds for denial of the plat.
Section 1.13: Definitions
1.13 For the purpose of this Ordinance, the following terms,phrases, words and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense shall include the future tense; words in the plural number shall include the
singular number (and vice versa); and words in the masculine gender shall include the
feminine gender (and vice versa). Definitions not expressly prescribed herein are to be
determined in accordance with customary usage in municipal planning and engineering
practices. The word "shall" is always mandatory,while the word "may" is merely directory.
A. Addition. A lot, tract or parcel of land lying within the corporate boundaries or
extraterritorial jurisdiction of the City which is intended for the purpose of subdivision
or development.
B. Administrative Officers. Any officer of the City of Wylie referred to in this Ordinance
by title, including but not limited to the City Manager, City Attorney, City Secretary,
City Planner, Building Official and City Engineer shall be the person so retained in that
position by the City, or his or her duly authorized representative. This definition shall
also include engineering, planning, legal and other consultants retained by the City to
supplement or support existing City staff, as deemed appropriate by the City.
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C. Alley. A minor public right-of-way not intended to provide the primary means of access
to abutting lots, which is used primarily for vehicular service access to the rear or sides
of properties otherwise abutting on a street. The length of an alley segment is to be
measured from the right-of-way lines of the streets from which the alley is provided
access, including any alley turnouts onto a street.
D. Amended or Amending Plat. A revised plat correcting errors or making minor changes
to the original recorded final plat.
E. Amenity. An improvement to be dedicated to the public or to the common ownership of
the lot owners of the subdivision and providing an aesthetic,recreational or other benefit,
other than those prescribed by this Ordinance.
F. Applicant. A person who submits an application for an approval required by this
Ordinance.
G. Application. A written request for an approval required by this Ordinance.
H. Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded
in any given year.
I. Board. The Zoning Board of Adjustment of the City of Wylie.
J. Block Length or Street Length. For a residential subdivision, that distance measured
along the centerline of the street from the intersection centerpoint of one through street
to the intersecting centerpoint of another street, or to the midpoint of a cul-de-sac. The
through street referred to above shall not be a cul-de-sac, a dead-end street, or a looped
street, but shall be a street which clearly has two points of ingress from two different
directions.
K. Bond. Any form of a surety bond in an amount and form satisfactory to the City.
L. Building Setback Line. The line within a property defining the minimum horizontal
distance between a building or other structure and the adjacent street right-of-way line,
property line, a creek, or some other specific environmental feature.
M. Capital Improvements Program (CIP). The official proposed schedule, if any, of all
future public projects listed together with cost estimates and the anticipated means of
financing each project, as adopted by City Council.
N. City. The City of Wylie, Texas.
O. City Attorney. The term City Attorney shall apply only to such attorney, or firm of
attorney's, that has been specifically employed by the City to assist in legal matters.
P. City Council. The duly elected governing body of the City of Wylie, Texas.
Q. City Engineer. The term "City Engineer" shall apply only to such licensed professional
engineer, or firm of licensed professional consulting engineers,that has been specifically
employed by the City to assist in engineering-related matters.
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R. City Manager. The person holding the position of City Manager, as appointed by the
City Council.
S. City Planner. The term "City Planner" shall apply only to such practicing, professional
land planner, or firm of professional land planners, that has been specifically employed
by the City to assist in planning- and zoning-related matters.
T. Commission. The Planning and Zoning Commission of the City.
U. Comprehensive Plan. The phrase "Comprehensive Plan" shall mean the Comprehensive
Plan of the City and adjoining areas as adopted by the City Council, including all its
revisions. This Plan indicates the general locations recommended for various land uses,
transportation routes, public and private buildings, streets, parks, water and wastewater
facilities, and other public and private developments and improvements.
V. Concept Plan. A topographic map generally showing all trees, drainage patterns and
culture on which is super imposed a drawing of the overall conceptual layout of a
proposed development, which shows the anticipated plan of development, and which
serves as a working base for noting and incorporating suggestions of the City's
administrative officers,the Commission, the City Council, and others who are consulted
prior to preparation of the preliminary plat. A concept plan is also sometimes referred to
as a "site plan" or a "land study".
W. Construction Plat. This is the same as a "Final Plat" approved by the City Council but
not yet filed or recorded with the County and for which no infrastructure has been
accepted by the City.
X. Contiguous. Lots are contiguous when at least one boundary line or point of one lot
touches a boundary line, or lines, or point of another lot.
Y. Cul-De-Sac. A street having only one outlet to another street, and terminated on the
opposite end by a vehicular turnaround or "bulb". The length of a cul-de-sac is to be
measured from the intersection centerpoint of the adjoining through street to the midpoint
of the cul-de-sac bulb.
Z. Dead-End Street. A street, other than a cul-de-sac, with only one outlet.
AA. Design Standards. The City of Wylie's technical construction standards and
specifications for the construction of subdivision improvement, as published in the
current Manuals for the Design of Stotm Drainage Systems, Water and Sanitation Sewer
Lines and Thoroughfare Standards, as maintained and available for inspection at the City
Hall.
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Adopted 2-25-03,Amended 7-24-07
BB. Easement. The word "easement" shall mean an area of joint use on private property.
1. Drainage easements are areas upon which the City or a public utility shall have the
right to remove and keep removed all or part of any buildings, fences, trees, shrubs
and other improvements or growths which in any way endanger or interfere with the
construction, maintenance or efficiency of its respective systems within said
easements. The City and public utilities shall, at all times, have the right of ingress
and egress to and from and upon easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining and adding to or removing all or
part of their respective systems without the necessity at any time of procuring the
permission of anyone.
2. Access easements are areas, which are open to the general public at large that shall
remain at all times open to the public for access.
CC. Engineer. A person duly authorized and licensed under the provisions of the Texas
Engineering Registration Act to practice the profession of engineering.
DD. Engineering Plans or Drawings. The maps or drawings accompanying a plat and showing
the specific location and design all changes and improvements to be installed in the
subdivision in accordance with the requirements of the City as a condition of approval of
the plat.
EE. Escrow. A deposit of cash with the City in accordance with this Ordinance.
FF. Final Plat (also "Construction Plat" or "Record Plat"). The one official and authentic
map of an "as built" subdivision of land prepared from actual field measurement and
staking of all identifiable points by a surveyor or engineer, with the subdivision location
referenced to a GPS control point,and with all boundaries, corners and curves of the land
division sufficiently described so that they can be reproduced without additional
references and showing all streets and lots, easements, dedications and other pertinent
features as constructed on the ground and as accepted by the City. The final plat of any
lot, tract or parcel of land shall be recorded in the land records of appropriate County of
Record, following acceptance by the City. An amended plat is also a final plat.
GG. Governing Body. The City Council of the City of Wylie.
HH. Improvement or Developer Agreement. A contract entered into by the applicant and the
City, by which the applicant promises to complete the required public improvements
within the subdivision or addition within a specified time period following final plat
approval.
II. Land Study. This is the same as a "Concept Plan".
JJ. Land Planner. Persons, including surveyors or engineers, who possess and can
demonstrate a valid proficiency in the planning of residential, nonresidential and other
related developments, such proficiency often having been acquired by education in the
field of landscape architecture or other specialized planning curriculum, or by actual
experience and practice in the field of land planning.
City of Wylie, Texas Subdivision Ordinance15
Adopted 2-25-03,Amended 7-24-07
KK. Lot(also Lot of Record). A divided or undivided tract or parcel of land having frontage
on a public street, and which is, or which may in the future be, offered for sale,
conveyance, transfer or improvement; which is designated as a distinct and separate
tract; and which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly filed of record.
LL. Major Plat. All plats not classified as minor plats, including but not limited to
subdivisions of more than four (4) lots, or any plat that requires the construction of a
new street (or portion thereof) or the extension of a municipal facility as required by
this or any other City ordinance.
MM. Major Subdivision. This is the same as a "Major Plat".
NN. Minor Plat. A subdivision resulting in four(4)or fewer lots,provided that the plat does
not create any new easements for public facilities nor the extension of any municipal
facilities to serve any lot within the subdivision. Any property to be subdivided using
a minor plat shall already be served by all required City utilities and services.
00. Minor Subdivision. This is the same as a"Minor Plat".
PP. On-Site Facilities or Improvements. These are the existing or proposed facilities or
improvements constructed within the property boundaries of the plat, and the existing
or proposed facilities required to be constructed or improved immediately adjacent to
the property that are needed to serve the development. Facilities and improvements
include, but are not limited to, streets, alleys, water lines, sewer lines, storm drainage
facilities, and curbs and gutters.
QQ. Off-Site Facilities or Improvements. "Off-site" facilities shall mean those facilities or
improvements that are required to serve the site but that are not located within the
boundaries of the plat, and are not required to be constructed or improved immediately
adjacent to the property to serve the development. These include oversizing for streets,
sewer lines, water lines and storm drainage facilities, as well as the excess capacity of
facilities such as water storage tanks and wastewater treatment plants available for new
development.
RR. Overlength Street. A street segment, or a cul-de-sac or alley segment, which exceeds
the maximum length allowed by this Ordinance, as measured along the centerline of
the street from the intersection centerpoint of one through street, which shall not be a
cul-de-sac or dead-end or looped street, to the intersecting centerpoint of another
through street or, in the case of a cul-de-sac, to the midpoint of the cul-de-sac. For an
alley segment, the measurement shall be to the right-of-way lines of the streets from
which the alley is provided access,including any alley turnouts,or from the centerpoint
of an intersection with another alley, which connects to a street.
SS. Pavement Width. The portion of a street that is available for vehicular traffic. Where
curbs are used, it is the portion from the back of one curb to the back of the opposite
curb.
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TT. Perimeter Street. Any existing or planned street which abuts the subdivision or addition
to be platted.
UU. Person. Any individual, association, film, corporation, governmental agency,political
subdivision, or legal entity of any kind.
VV. Planning and Zoning Commission. The duly appointed Planning and Zoning
Commission of the City of Wylie, Texas, in accordance with Section 211.007 of the
Texas Local Government Code.
WW. Plat. This means a preliminary plat, final plat, development plat, amended plat or
replat, as determined by the context.
XX. Preliminary Plat. The graphic expression of the proposed overall plan for subdividing,
improving and developing a tract, showing in plan view the proposed street and lot
layout, easements, dedications and other pertinent features, with such notations as are
sufficient to substantially identify the general scope and detail of the proposed
development, as well as its compliance with all requirements of the development codes
of the City of Wylie. Engineering plans for all public improvements shall be submitted
along with the preliminary plat is subject to approval by the Planning and Zoning
Commission and City Council.
YY. Private Street. A private vehicular access way, including an alley,that is shared by and
that serves two or more lots, which is not dedicated to the public, and which is not
publicly maintained.
ZZ. Property Owner (also known as "Applicant" or "Subdivider" or "Developer"). Any
person or firm, association, syndicate, general or limited partnership, corporation,trust
or other legal entity, or any agent thereof, that has sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings to subdivide the
same under this Ordinance. In any event,the term "property owner" shall be restricted
to include only the owner(s) or authorized agent(s) of such owner(s), such as a
developer, of land sought to be subdivided.
AAA. Public Improvements. Facilities, infrastructure and other appurtenances, typically
owned and maintained by the City,which serve a public purpose in providing a needed
service or commodity, such as wastewater collection and treatment and water storage
and distribution, and which protect the general health, safety,welfare and convenience
of the City's citizens, including efficiency in traffic circulation and access for
emergency services. Required public improvements may include, but shall not be
limited to, street and alley paving, including any necessary median openings and left
turn lanes on major thoroughfares; water lines and pumping stations; sanitary sewer
lines and lift stations; storm drainage structures and storm water management devices;
water quality and erosion controls; screening and retaining walls; fire lane paving and
fire hydrants; landscaping,where such is used for required screening or other required
landscaped area, and associated irrigation system; and any required public sidewalks,
street lights and street name signs. The term "public improvements" shall not include
facilities or infrastructure of private
City of Wylie, Texas Subdivision Ordinancel7
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providers of utility services other than water and wastewater, but shall be deemed to
include facilities and infrastructure that the City would normally require of a
development but which will be owned and maintained by an entity such as a
homeowners association, as in the case of private streets.
BBB. Replatting or Replat. This is the re-subdivision of any part or all of a block or blocks
of a previously platted subdivision, addition, lot or tract.
CCC. Right-of-Way. A parcel of land occupied, or intended to be occupied, by a street or
alley. Where appropriate, "right-of-way"may include other facilities and utilities such
as sidewalks;railroad crossings; electrical, communication, oil and gas facilities,water
and sanitary and storm sewer facilities; and any other special use. The use of right-of-
way shall also include parkways and medians outside of the paved portion of the street.
The usage of the term "right-of-way" for land platting purposes shall mean that every
right-of-way hereafter established and shown on a final plat is to be separate and
distinct from the lots or parcels adjoining such right-of-way, and shall not be included
within the dimensions or areas of such lots or parcels.
DDD. Standard Street. A standard street is a street or road that meets or exceeds the minimum
specifications in the City's standard street specifications, and which is constructed to
the ultimate configuration for the type of roadway it is designated for on the City's
Thoroughfare Plan.
EEE. Street. A right-of-way, whether public or private and however designated, which
provides vehicular access to adjacent land. Streets may be of the following categories:
1. Major thoroughfares, also known as arterial streets or primary thoroughfares, which
provide vehicular movement from one neighborhood to another or to distant points
within the City, and including freeways or highways leading to other communities.
2. Collector streets, also known as feeder streets or secondary thoroughfares, which
provide vehicular circulation within neighborhoods, and from local streets to major
thoroughfares.
3. Local residential streets, also known as minor thoroughfares or streets, which
primarily provide direct vehicular access to abutting residential property.
4. Private streets are streets which are owned and maintained by a homeowners
association or property owners association, and which are not dedicated to the public.
FFF. Street Improvements. This means any street or thoroughfare, together with all
appurtenances required by City regulations to be provided with such street or
thoroughfare,and including but not limited to walkways(sidewalks),drainage facilities
to be situated in the right-of-way for such street or thoroughfare,traffic control devices,
street lights and street signs, for which facilities the City will ultimately assume the
responsibility for maintenance and operation.
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GGG. Street Length. This means the same as "Block Length".
HHH. Street Right-of-Way. The width of the right-of-way for any roadway is the shortest
perpendicular distance between the lines which delineate the rights-of-way of the street.
III. Subdivision(also known as "Addition"). A division or re-division of any tract of land
situated within the City's corporate limits or its extraterritorial jurisdiction into two or
more parts, lots or sites, for the purpose, whether immediate or future, of sale, division
of ownership,or building development. "Subdivision"includes re-subdivisions of land
or lots which are part of a previously recorded subdivision.
JJJ. Submission Date. The submission date is when all necessary forms, fees, information,
plans and copies have been submitted to the City, previewed, and deemed as
"complete"by action of issuance of a fee receipt by the City.
KKK. Substandard Street. An existing street or road that does not meet the minimum
specifications in the City's standard street specifications, and which is not constructed
to the ultimate configuration for the type of roadway it is designated for on the City's
Thoroughfare Plan.
LLL. Surveyor. A licensed land surveyor or a registered public surveyor, as authorized by
State statutes to practice the profession of surveying.
MMM. TCEQ. Texas Commission on Environmental Quality(formerly TNRCC).
NNN. Temporary Improvements. Improvements built and maintained by the property owner
that are needed to remedy a circumstance that is temporary in nature, such as a
temporary drainage easement or erosion control device, that will be removed upon
completion of the subdivision or shortly thereafter.
000. U.S. Army Corps of Engineers.
PPP. Yard. The open area between building setback lines and lot lines.
QQQ. Zoning Board of Adjustment. The duly appointed body of the City of Wylie, in
accordance with Section 8.4 of the Zoning Ordinance and Section 211.008 of the Texas
Local Government Code.
City of Wylie, Texas Subdivision Ordinance19
Adopted 2-25-03,Amended 7-24-07
II. PROCEDURES
Section 2.1: Pre-Application Procedures
2.1 The applicant should avail himself or herself of the advice and assistance of the City's
administrative officers, and should consult early and informally with those officers before
preparing a concept plan or any plat in order to save time and money, and to avoid potential
unnecessary delays.
Prior to formal application for approval of any concept plan or plat,the applicant shall request
and attend a mandatory pre-application conference with the appropriate City official(s) in
order to become familiar with the City's development regulations and the subdivision
process. At the pre-application conference, the applicant may be represented by his or her
land planner, engineer, or surveyor.
Section 2.2: Statutory Procedures
2.2 A. Zoning Requirements. A property within the City's corporate limits that is being
proposed for platting must be properly zoned by the City prior to submission of an
application for approval of any plat. In addition, the proposed development layout or
subdivision design shown on the proposed plat must be in conformance with all standards
and requirements prescribed in the City's Zoning Ordinance.
Noncompliance with the requirements of the zoning district in which the subject property
is located, or lack of the proper zoning, shall constitute grounds for denial of the plat. In
situations where the zoning on a particular piece of property cannot be ascertained by the
City, the burden of proof regarding the property's zoning shall rest with the property
owner. Proof of proper zoning shall consist of appropriate documentation, such as a copy
of the ordinance establishing the zoning, which shall be reviewed by City officials as to
its validity and authenticity.
Any plat submitted for approval by the City shall be in accordance with the City's Zoning
Ordinance, if the property is located within the City's corporate limits, and, if the
property is located within the City's corporate limits or extraterritorial jurisdiction, it
shall be in accordance with the City's Comprehensive Plan, including all adopted water,
sewer, storm drainage, future land use, park, recreation, open space and thoroughfare
plans. All plats shall be prepared by a licensed civil engineer or a registered land
surveyor.
B. Classification of Subdivisions and Additions. Before any land is filed for record with the
County Clerk,the property owner shall apply for and secure City Council approval of the
required subdivision plat, in accordance with the following procedures,unless otherwise
provided within this Ordinance.
City of Wylie, Texas Subdivision Ordinance20
Adopted 2-25-03,Amended 7-24-07
1. Minor subdivisions may be approved for residential or nonresidential properties.
Minor plat approval by the City Planner requires the submission of a final plat
drawing and other submission materials required by Section 2.11 of this Ordinance.
Lots may be conveyed or sold only when the plat has been approved by the City and
the plat has been recorded with the appropriate County of Record.
2. Major subdivisions may be approved for residential or nonresidential properties. The
procedure for approval of a major subdivision typically involves three steps: a
concept plan, preliminary plat and final plat. Sections 2.3 through 2.6 of this
Ordinance provide the requirements for each. Major plat approval shall be in
accordance with Sections 2.4 through 2.6 of this Ordinance. All major subdivision
plats must be reviewed by the Commission and approved by the City Council,
pursuant to Sections 2.4 through 2.8 of this Ordinance. Upon completion of the
required public improvements, or upon submission and City approval of the
appropriate surety for public improvements,the property owner may file the final plat
in the land record of the appropriate County of Record. Lots may be sold only when
the final plat has been recorded at the appropriate County of Record. No conveyance
or sale of any portion or lot of the property may occur until after the final plat is
approved by the City Council and filed at the appropriate County of Record.
C. Submission Requirements For All Types of Plat Applications. In addition to the
requirements outlined herein for each type of development application, the City shall
maintain separate policies and procedures for the submission and processing of
applications including, but not limited to, application forms, checklists, language blocks
for plats, and other similar items. The forms and paperwork are available at the office of
the City Planner. These policies and procedures may be amended from time to time, and
it is the applicant's responsibility to be familiar with, and to comply with, the policies
and procedures.
D. Official Submission Date and Completeness of Application For All Types of Plats.
1. For the purpose of these regulations, the "official submission date" shall be the date
upon which a technically complete application for approval of any type of plat, that
contains all required elements mandated by the Texas Local Government Code,
Section 212.004(b) and by this Ordinance, is submitted to the City Planner, after
which the statutory period required for approval or disapproval of the plat shall
commence to run. No application shall be deemed officially submitted until the City
Planner determines that the application is complete and the City issues a fee receipt.
calendar days following the date on which the application was first received by the
City, shall result in the application being deemed complete, and the "official
submission date" shall become the I l ' calendar day following initial receipt of the
application by the City.
City of Wylie, Texas Subdivision 0rdinance21
Adopted 2-25-03,Amended 7-24-07
2. Plat applications which do not include all required information and materials, as
outlined below and per other City development review policies which may change
from time to time, will be considered incomplete, shall not be accepted for official
submission by the City, and shall not be scheduled on a Commission or Council
agenda until the proper information is provided to City officials.
E. Submission Procedures and City Review Process For All Types of Plats.
1. Submission Timing. A complete application for approval of any plat shall be
submitted to the City as required by the City's submittal calendar. at least sixteen(16)
Goi ernment Code.
2. Submission Materials. The application shall include a written application form which
bears the signature(s) of the property owner(s) of the subject property, along with the
appropriate submission fee, paper and/or electronic copies as determined by the City
Planner which shall be listed on the submittal application, six (6) folded copies of
• , the pre-development
letter, a copy of any applicable development agreement pertaining to the subject
property (if any), and any other applicable information and materials deemed
appropriate by the City.
The application shall be accompanied by a tax certificate showing that all taxes have
been paid on the subject property, and that no delinquent taxes exist against the
property, in accordance with Section 1.10. Documentation shall also be included that
shows no delinquent assessments, fees, or other debts or obligations to the City and
which are directly attributable to the subject property.
The application shall also be accompanied by an engineer's summary report which
describes, in as much detail as necessary, the following: the overall nature and scope
of the proposed development, including zoning of the property, proposed use(s) and
acreage of each proposed use, minimum lot sizes, widths and depths, number of lots
to be created, and special amenities or facilities that will be included in the
development; how the property will be served with required utilities and services;
how storm water drainage will be handled; and an itemization and description of any
variance or waiver from provisions of this Ordinance that will be sought. If the
proposed development will have access points onto a major thoroughfare, the
application shall also include a letter from the appropriate entity, such as TxDOT or
Appropriate County of Record, acknowledging and approving proposed driveway
locations and corresponding median openings and left turn lanes, if applicable.
Letters shall also be provided from each of the applicable utility service providers,
including water, wastewater, gas, electricity, telephone, cable TV and solid waste,
verifying their ability to provide an adequate level of service for the
City of Wylie, Texas Subdivision 0rdinance22
Adopted 2-25-03,Amended 7-24-07
proposed development. A letter from the Wylie Independent School District shall
also be provided that acknowledges the District's ability to accommodate the
development, and that expresses any desire the District may have to obtain a future
All plat drawings and other corresponding plans and drawings, including engineering
plans and landscape and screening plans, shall be sized at on sheets no larger than
24" by 36" in size, and shall be drawn to a known engineering scale of not smaller
than one hundred feet to the inch (1"=100') or a larger scale. In cases of large
developments which would exceed the dimensions of the sheet at one hundred foot
(100') scale, plats may be on multiple sheets or to another known engineering scale,
as approved by the City, • • acceptable for eventual filing at
3. City Staff Review. Upon official submission of a technically complete application
for plat approval, the City shall commence technical review of the development
proposal by forwarding a copy of the application and plat to the Development Issues
Review Team members which include, but shall not be limited to, the City Planner,
City Engineer, City Manager, Public Works Director, Fire Chief/Marshall, Police
Chief, Parks Director. Development Issues Review Team members shall review the
plat and shall ascertain its compliance with these and other applicable City
regulations. Following City staff review of the plat and supporting documents, and
following discussions with the applicant on any revisions deemed advisable and the
kind and extent of improvements to be installed, the applicant shall resubmit
(15) folded paper and/or electronic copies as determined by the City Planner, of the
corrected plat to the City Planner no later than seven (7) calendar days prior to the
Commission or Council meeting.
Planner.
After the plat has been scheduled on an agenda (or at any time prior), the applicant
may request, in writing, a waiver of the thirty(30)day approval requirement specified
in Section 212.009 of the Texas Local Government Code, in order to allow more time
to correct deficiencies, address concerns, or otherwise improve the plat pursuant to
the City's regulations. After receipt of the request, the City may delay action on the
final plat beyond thirty (30) calendar days following the official submission date.
4. Action by the Planning and Zoning Commission and City Council. The Planning and
Zoning Commission shall review all subdivision plat applications, and if in
confoi imiance with the provisions of this Ordinance and with all other applicable
regulations of the City, they shall be approved by the City Council.
City of Wylie, Texas Subdivision 0rdinance23
Adopted 2-25-03,Amended 7-24-07
The Commission shall review each plat application and shall recommend approval,
approval subject to certain conditions, or denial of the plat within thirty(30) calendar
days of the official submission date. The Council shall take action on the plat within
thirty (30) calendar days of the Commission's action. Affirmation of, or minor
modifications to,the Commission's recommendation to approve the plat shall require
a simple majority vote of the Council members present.
If the Commission recommends disapproval of a plat application, the Commission
shall state such disapproval and cite the specific applicable sections of the Ordinance
or Code technical reasons therefore. The applicant or property owner may appeal
such decision to the City Council by filing a Notice of Appeal in the office of the City
Planner no later than five(5)calendar days after the date upon which the Commission
fashion the basis for the appeal. The Council shall consider the appeal at a public
of Appeal was filed, The City Council shall take action on plat applications, as
applicable, within thirty (30) calendar days of the Commission's action. Affirmation
of, or minor modifications to, or negation of, the Commission's recommendation of
the plat shall require a simple majority vote of the Council members present. If the
Council denies a plat application, the Council shall state such disapproval and cite
the specific applicable sections of the Ordinance or Code. Should the applicant revise
the plat addressing the specific reasons given by Council, the Council shall have
fifteen (15) days to act on the revision or the plat is deemed approved.The Council
may change the decision of the Commission by vote of a simple majority of the
Council members present. The Council may also, where appropriate, remand the plat
back to the Commission for reconsideration if it believes that there is a compelling
F. Simultaneous Submission of Plats. In the event that an applicant submits preliminary
and final plat applications simultaneously, as provided in Section 2.4(c),the City Planner
shall schedule both plat applications for action by the Commission within thirty (30)
calendar days of the official submission date, unless the applicant has executed a written
waiver of the 30-day review period for one or both plats. If the preliminary plat has not
received approval prior to consideration of the final plat by the Commission, then the
Commission shall deny the final plat if not withdrawn by the applicant. The City Council
shall take action on either one or both plat applications, as applicable, within thirty (30)
calendar days of the Commission's action. Affiuliation of, or minor modifications to, or
the negation of, the Commission's recommendation ofto approve the plat(s) shall require
a simple majority vote of the Council members present.
G. Proof of Land Ownership. The City requires proof of land ownership prior to approval
of any development application involving real property. Along with the application
submission, the applicant shall provide written verification, such as a notarized statement
or a power of attorney or other evidence satisfactory to the City Planner, that he or she is
the owner of record of the subject land parcel or parcels, or is the property owner's
authorized agent. The City Planner shall have the authority to determine what
document(s) the City will require to prove ownership, such as one of the following:
City of Wylie, Texas Subdivision Ordinance24
Adopted 2-25-03,Amended 7-24-07
1. General warranty deed;
2. Special warranty deed;
City of Wylie, Texas Subdivision Ordinance25
Adopted 2-25-03,Amended 7-24-07
3. Title policy; or
4. Some other documentation that is acceptable to the City Planner.
If ownership cannot be conclusively established prior to the meeting date on which the
development application will be heard, the City shall have the authority to deny the
application on the basis of protecting the public interest. The applicant may resubmit a
new development application, including the submission fees, for the property at any time
following such denial.
H. Lapse of Plat Approval. The approval of any concept plan or preliminary plat as required
by the Ordinance, shall be effective for a period of one hundred and eighty-three (183)
calendar days beyond the date that the plat was approved by the Commission or Council,
except as otherwise provided herein. By 12:01 a.m. on the 184th day following Council
approval of the plat, the applicant must have submitted an application for the next
consecutive step in the platting process. If this is not accomplished, then the approved
plat shall be deemed to have expired and shall become null and void.
The approval of a final plat and the City Engineer's approval of engineering plans for
proposed public improvements shall be effective for a period of one hundred and eighty-
three (183) days beyond the date that the plat was approved by the Commission and
Council. If the required fees are not paid and the applicable site construction not
commenced within this time period, the final plat shall expire and become null and void,
unless such time period is extended or reinstated by the City Planner.
Following the acceptance of all improvements, the final plat shall be filed at the
appropriate County of Record at the applicant's earliest convenience. A filed final plat
is valid in perpetuity, unless vacated or amended. Failure to file a final plat with the
County in a timely manner may be subject for withholding of connection of City utilities.
I. Extension and Reinstatement Procedure. Prior to the lapse of approval for a plat, the
property owner may petition the City to extend the plat approval. Such petition shall be
considered by the City Council, and an extension may be granted by Council for a
specific period of time. If no petition for extension of plat approval is submitted by the
property owner prior to the expiration date,then the plat shall be deemed to have expired
and shall become null and void. The property owner must thereafter submit a new plat
application for approval, and shall conform to the subdivision regulations then in effect.
The City Council may extend the approval subject to additional conditions based upon
newly enacted City regulations or State legislation, or such as are necessary to ensure
compliance with the original conditions of approval and to protect the public health,
safety and welfare. The Council may also specify a shorter time for extension of the plat
than the original 183-day approval period.
City of Wylie, Texas Subdivision Ordinance26
Adopted 2-25-03,Amended 7-24-07
J. Lapse of Approval of Engineering Plans. The approved engineering plans shall be valid
for a period of one hundred eighty-three (183) calendar days following approval by the
City Engineer. The City Council may, upon written request by the applicant, grant an
extension of up to an additional 183 calendar days, after which the engineering plans
shall be subject to re-approval by the City Engineer if no construction has occurred.
Section 2.3: Concept Plan Approval
2.3 A. Applicability. A concept plan, sometimes referred to as a"site plan" or a "land study",
is required by Section 89.1.c of the Zoning Ordinance. Submission and approval of a
concept plan is the first step in the approval process for a residential or nonresidential
development project. The applicant benefits from City review of a concept plan in that
he or she gains public review and scrutiny, as well as technical input and suggestions, on
the overall conceptual layout of the proposed development from the City's Development
Issues Review Team. The City benefits in that it is allowed to become familiar with and
involved in the project early in the development process so that the provision of public
facilities and services can be provided, which is particularly important for large-scale
developments and subdivisions.
B. Procedures and Submission Requirements for Concept Plan Approval. The procedures
for City review and approval of a concept plan shall be as set forth in Section 8.1 of the
Zoning Ordinance for the City of Wylie. City staff may require additional information
as part of this submittal, such as drainage studies, traffic studies and other pertinent
technical data.
C. Purpose. The purpose of a concept plan, as it pertains to this Ordinance, is to allow
opportunity for the Planning and Zoning Commission to preview proposed major
thoroughfare and collector street patterns; land use patterns and trends; environmental
issues and constraints; conformance to the Comprehensive Plan, Future Land Use Plan,
Thoroughfare Plan,Parks and Open Space Plan,water and sewer master plans, and other
applicable plans of the City; and, if the subject property is within the City's corporate
limits, the Zoning Ordinance; and the property's relationship to adjoining subdivisions
or properties. Review of a concept plan also assists the City in evaluating the possible
impacts of the proposed development in terms of provision of essential public facilities
and services, respecting and preserving important natural features and the environment,
provision of open space and recreational opportunities, and protecting the general health,
safety and welfare of the community.
City of Wylie, Texas Subdivision Ordinance27
Adopted 2-25-03,Amended 7-24-07
D. Extent of Area That Should be Included in a Concept Plan. When the overall
development project is to be developed in phases, the concept plan area shall include the
entire property from which the phases are being subdivided and an approximate
development schedule. Where significant natural or man-made features, such as
thoroughfares or creeks, make inclusion of the entire property in the concept plan
unnecessary to adequately review the items listed in the preceding paragraph,the concept
plan may include a smaller study area. Boundaries such as major thoroughfares, whether
existing or proposed, creeks, political subdivisions, or other such natural or man-made
features may be used to delineate the smaller study area.
;e s,e a tee, he �� is-sio at 4� earliest available meeting. The Commission may
• rove, approl,e with conditions or stipulations or deny for specific technical reasons
any concept plan. The concept plan does not require review and approval of the Council.
f aE, A concept plan may, with the approval of the City Planner, be submitted and
review concurrently with the preliminary plat. For residential uses, the City may
schedule concurrent review of the concept plan and plat. For nonresidential uses, plan
and plat must be reviewed separately as changes to the concept plan may require
amendments to the preliminary plat.
Section 2.4: Procedures and Submission Requirements
for Preliminary Plat Approval
2.4 A. Following approval of the concept plan, the applicant shall have prepared a preliminary
plat together with engineering plans for the construction of the subdivision and all
associated public improvements and other supplementary materials, as required by this
Ordinance or by the City.
B. The preliminary plat shall constitute only that portion of the approved concept plan which
the applicant proposes to construct and record initially, however, that such portion
conforms to all the requirements of this Ordinance and with any other applicable
regulations and codes of the City.
C. The applicant may choose to submit a final plat for review concurrently with the
preliminary plat. In such case, the City may schedule concurrent review of both plats,
provided that all required information and other items are submitted for both plats,
including full engineering plans and the appropriate assurances for the completion of all
improvements, as per Section 6, and provided that adequate review can be achieved by
the City and Commission.
D. Approval of a preliminary plat by the City Council shall be deemed general approval of
the street and lot layout shown on the preliminary plat (approval for construction of the
necessary streets, water lines, sewer lines, and other required improvements and utilities
shall be authorized only through the City Engineer's approval of the engineering plans),
and to the preparation of the final plat.
City of Wylie, Texas Subdivision 0rdinance28
Adopted 2-25-03,Amended 7-24-07
Except as provided for herein, approval of the preliminary plat shall constitute
conditional approval of the final plat when all conditions of approval and when all
procedural requirements set forth in this Ordinance have been met.
E. Standards for Approval. No preliminary plat shall be recommended for approval by the
Commission or approved by the City Council unless the following standards have been
met:
1. The plat substantially conforms with the approved concept plan, or other studies and
plans approved by the City, as applicable;
2. The layouts and engineering plans for required public improvements and City utilities
have been submitted by the applicant for approval by the City Engineer (whether
specifically stated or not, preliminary plat approval shall always be subject to any
additions or alterations to the engineering plans as deemed necessary by the Engineer,
as needed, to ensure the safe, efficient and proper construction of public
improvements within the subdivision); and
3. The plat conforms to applicable zoning and other regulations.
F. The applicant shall also provide copies of letters from applicable local utility companies
stating that each utility company has reviewed the preliminary plat and stating any
requirements, including easements, they may have.
until the final plat by the City Engineer.
G. Information Required Upon or With Preliminary Plat. The proposed preliminary plat
and associated engineering plans shall show the following information (some required
physical and engineering data may be included in the other plans or as separate
documents as appropriate):
1. A vicinity, or location, map that shows the location of the proposed preliminary plat
within the City(or within its ETJ) and in relationship to existing roadways;
2. Boundary lines, abstract or survey lines, corporate or other jurisdictional boundaries,
existing or proposed highways and streets (including right-of-way widths), bearings
and distances related to State Plane Coordinates and sufficient to locate the exact area
proposed for the subdivision, and all survey monuments (identified and labeled; see
Section 5.2 for specifications); the length and bearing of all straight lines, radii, arc
lengths, tangent lengths and central angles of all curves shall be indicated along the
lines of each lot (curve and line data may be placed in a table format); accurate
reference ties via courses and distances to at least one recognized abstract or survey
corner or existing subdivision corner shall be shown;
City of Wylie, Texas Subdivision Ordinance29
Adopted 2-25-03,Amended 7-24-07
3. The name, location and recording information of all adjacent subdivisions (or
property owners of adjacent unplatted property), including those located on the other
sides of roads or creeks, shall be drawn to the same scale and shown in dotted lines
adjacent to the tract proposed for subdivision in sufficient detail to show accurately
the existing streets, alleys, building setbacks, lot and block numbering, easements,
and other features that may influence the layout of development of the proposed
subdivision; adjacent unplatted land shall show property lines, the names of owners
of record, and the recording information;
4. The location, widths and names of all streets, alleys and easements (it shall be the
applicant's responsibility to coordinate with appropriate utility entities for placement
of necessary utility easements and for location of all streets and median openings on
highways or arterial roadways), existing or proposed, within the subdivision limits
and adjacent to the subdivision; a list of proposed street names shall be submitted(in
the form of a letter or memo along with the application form)for all new street names
(street name approval is required at the time the preliminary plat is approved);
5. The location of all existing property lines, existing lot and block numbers and date
recorded,easements of record(with recording infoliiiation),buildings,existing sewer
or water mains, gas mains or other underground structures, or other existing features
within the area proposed for subdivision;
6. Proposed arrangement and square footage of lots (including lot and block numbers)
and proposed use of same; for nonresidential uses, the location and size of buildings
(this information may be provided on a separate sheet, such as on a voluntary concept
plan or preliminary site plan; see the Zoning Ordinance);
7. A title block within the lower right hand corner of the plat (and engineering plans)
which shows the title or name under which the proposed subdivision is to be recorded,
the name and address of the property owner and the name of the land planner,licensed
engineer or registered public surveyor who prepared the plat or plans, the date the
plat was prepared, and the location of the property according to the abstract or survey
records of appropriate County of Record, Texas; the subdivision name shall not
duplicate (or phonetically replicate) the name of any other platted subdivision in
Wylie or its ETJ, but phasing identification is allowed (it is the property owner's
responsibility to check the plat records of appropriate County of Record to ensure
that the proposed subdivision name will not duplicate or sound too much like a
subdivision name already in existence -- the City may, at its discretion, require a
different subdivision name if there is potential for confusion by public safety officials
or the general public);
8. Sites,if any,to be reserved or dedicated for parks, schools,playgrounds, other public
uses or for private facilities or amenities;
9. Scale,date,north arrow oriented to the top or left side of the sheet,and other pertinent
informational data;
City of Wylie, Texas Subdivision Ordinance30
Adopted 2-25-03,Amended 7-24-07
10. Contours with intervals of two feet (2') or less shown for the area, with all elevations
on the contour map referenced to sea level datum;
11. Areas contributing drainage to the proposed subdivision shall be shown in the
engineering plans; locations proposed for drainage discharge from the site shall be
shown by directional arrows;
12. All physical features of the property to be subdivided, including the location and size
of all water courses, 100-year flood plain according to Federal Emergency
Management Agency (FEMA) information, Corps of Engineers flowage easement
requirements, ravines,bridges, culverts, existing structures, drainage area in acres or
area draining into subdivisions, the outline of major wooded areas or the location of
major trees, six (6) inches and larger when measured 4 CIA feet above ground level,
and other features pertinent to subdivision;
13. Engineering plans of water and sewer lines and other infrastructure (including sizes)
to be constructed in the subdivision; the proposed connections to distribution mains
shall be indicated;
14. Proposed phasing of the development; where a subdivision is proposed to occur in
phases, the applicant, in conjunction with submission of the preliminary plat, shall
provide a schedule of development; the dedication of rights-of-way for streets and
street improvements, whether on-site or off-site, intended to serve each proposed
phase of the subdivision; the City Council shall determine whether the proposed
streets and street improvements are adequate pursuant to standards herein established,
and may require that a traffic impact analysis be submitted for the entire project or
for such phases as the City Council determines to be necessary to adjudge whether
the subdivision will be served by adequate streets and thoroughfares;
15. All preliminary plats shall be submitted in a legible format that complies with
appropriate County of Record requirements for the filing of plats, and shall be
drawn on a good grade blue line or black line paper;
16. Proposed or existing zoning of the subject property and all adjacent properties, as
well as a tabulation of site development information and the intended manner of
compliance with the Design Standards of the Zoning Ordinance including the
required points for optional standards.
17. Minimum finished floor elevations of building foundations shall be shown for lots
adjacent to a flood plain or within an area that may be susceptible to flooding;
H. Engineering Plans. Along with the preliminary plat application, the applicant shall
submit two (2) sets of the complete engineering plans for streets, alleys, storm sewers
and drainage structures, water and sanitary sewer facilities, screening and retaining
walls, landscaping and irrigation, and any other required public improvements for the
area covered by the preliminary plat.
City of Wylie, Texas Subdivision Ordinance31
Adopted 2-25-03,Amended 7-24-07
The engineering plans shall also contain any plans deemed necessary to show or
document compliance with the City's ordinances pertaining to nonpoint source
pollution control, on-site sewage facility rules, and any other applicable codes and
ordinances of the City that are related to development of a land parcel. Cost estimates
shall also be submitted with the engineering plans. For the purposes of this Ordinance,
complete sets of engineering plans shall include the following plans or sheets(generally
in this order), as well as any additional plans or sheets deemed necessary and requested
by the City Engineer:
-- Cover or title sheet
-- Preliminary plat
-- Final site plan (for nonresidential and multi-family projects only - see the Zoning
Ordinance for specific requirements and approval procedures)
-- Existing conditions plan, which shows existing topography, vegetation, tree
inventory, existing natural and man-made physical features, etc.
-- Existing tree survey and Tree Management Plan
-- Grading, erosion control, and water quality control plans
-- Paving and storm drainage plans
-- Utility plans for water, sanitary sewer, etc.
-- Traffic control plans (if necessary)
-- Screening and retaining wall plans
-- Landscaping and irrigation plans
The applicant shall have these plans prepared by their own professional engineer(s),
subject to approval of the plans by the City Engineer. The City Engineer shall review,
or cause to be reviewed, the plans and specifications and if approved, shall mark them
"Approved" and shall return one set to the applicant. If not approved, one set shall be
marked with the objections noted and returned to the applicant for correction,
whereupon the applicant's engineer shall correct the plans as requested and shall
resubmit them back to the City Engineer for re-review.
Engineering plans shall be prepared by or under the direct supervision of a professional
engineer licensed in the State of Texas, as required by State law governing such
professions and in accordance with this Ordinance and the City's Design Manuals and
Standard Construction Details. All engineering plans submitted for City review shall
be dated and shall bear the responsible engineer's registration number, his or her
designation of "professional engineer" or "P.E.", and the engineer's seal. The City
Engineer shall approve engineering plans when such plans meet all of the requirements
of this Ordinance and the Design Manuals and Standard Construction Details.
City of Wylie, Texas Subdivision Ordinance32
Adopted 2-25-03,Amended 7-24-07
Engineering plans shall be in conformance with the Design Manuals and Standard
Construction Details and with the requirements set forth herein. Engineering plans
showing paving and design details of streets, alleys, culverts, bridges, storm sewers,
water mains, sanitary sewers, sidewalks, screening and retaining walls, landscape and
irrigation plans (if appropriate), and other engineering details of the proposed
subdivision at a scale of one inch equals 40 or 50 feet(1"=40' or 50') horizontally and
one inch equals 4, 5, or 10 feet (1" = 4', 5' or 10') vertically shall be submitted to the
City Engineer(or designee)along with a copy of the preliminary plat of the subdivision.
The number of copies as specified by the City shall be submitted along with the
preliminary plat submittal.
As part of the engineering plans, a drainage plan showing how the drainage of each lot
relates to the overall drainage plan for the plat under consideration shall be submitted.
The drainage plan shall be made available to each builder within the proposed
subdivision and all builders shall comply with the drainage plan.
I. Revisions to Approved Preliminary Plat. It is generally recognized that minor revisions
to the preliminary plat will probably be needed before the final plat can be filed at the
County of Record. Such minor revisions as slight enlargement or shifting of easements
or lot lines, addition of private or franchise utility easements, correction of bearings or
distances, correction of minor labeling errors, addition of erroneously omitted
informational items and labels, etc. may occur on the final plat without having to re-
approve the preliminary plat. Major revisions, such as obvious reconfiguration of lot
lines or easements, relocation of driveways or access easements or fire lanes, any
modification to the perimeter or boundary of the property, and relocation or addition or
deletion of any public improvement (including corresponding easement), shall
necessitate re-submission and re-approval of the plat as a "revised preliminary plat".
The procedures for such re-approval shall be the same as for a preliminary plat, and
such re-approval may constitute a new project thus necessitating submission of a new
application form, payment of new fees, and other requirements.
Section 2.5: Procedures and Submission Requirements for Final Plat Approval
2.5 A. Within one hundred and eighty-three (183) days of approval of the preliminary plat,
the applicant shall submit a final plat with all applicable engineering plans. The final
plat shall conform to the preliminary plat, as approved, and shall incorporate all
applicable conditions, changes, directions and additions imposed by the Planning and
Zoning Commission and City Council upon the preliminary plat. The final plat shall
not be submitted prior to approval of the preliminary plat (see Section 2.4 [c] for
exception). Final plat applications which do not include the required data will be
considered incomplete, shall not be accepted for submission by the City, and shall not
be scheduled on a Commission agenda until the proper information is provided to City
staff.
City of Wylie, Texas Subdivision Ordinance33
Adopted 2-25-03,Amended 7-24-07
B. Information Required on a Final Plat.
1. The final plat shall contain all information that is required for a preliminary plat
except that physical features of or on the land, such as topography, buildings,
structures, water bodies and tree cover, shall not be shown on the final plat.
2. The final plat shall also provide a place for the County Clerk of appropriate County
of Record to stamp the date and location where the plat will be filed("Volume or
Cabinet , Page or Slide ") in the lower right-hand corner of the plat
drawing.
3. All aspects of the final plat shall conform to the standards of appropriate County
of Record for plats with respect to clarity, sheet size, lettering size and
reproducibility. It is the applicant's responsibility to be familiar with the County's
standards for filing plats and to comply with same.
4. The final plat shall contain the following certificates and approval/acceptance
language.
(a) Property Owner's Certificate(required):
STATE OF TEXAS
COUNTY OF §
WHEREAS, [ Name(s) ] is(are) the Owner(s) of a tract of land
situated in the [ ] Survey,Abstract No. [ ],Appropriate County
of Record,Texas and being out of a[ ] acre tract conveyed to him(them)
by [ ], and a [ ] acre tract conveyed to him(them) by [
], and being more particularly described as follows:
(Enter accurate metes and bounds property description here)
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That , acting herein by and through his (its)
duly authorized officers, does hereby adopt this plat designating the herein
above described property as , an addition
to the City of Wylie, Texas, and does hereby dedicate, in fee simple, to the
public use forever, the streets, rights-of-way, and other public improvements
shown thereon. The streets and alleys, if any, are dedicated for street
purposes. The easements and public use areas, as shown, are dedicated, for
the public use forever, for the purposes indicated on this plat. No buildings,
fences, trees, shrubs or other improvements or growths shall be constructed
or placed upon, over or across the easements as shown, except that landscape
improvements may be placed in landscape easements,if approved by the City
Council of the City of Wylie. In addition,utility easements may also be used
for the mutual use and accommodation of all public utilities desiring to use or
using the same unless the easement limits the use to particular utilities, said
use by public utilities being subordinate to the public's and City of Wylie's
use thereof.
City of Wylie, Texas Subdivision Ordinance34
Adopted 2-25-03,Amended 7-24-07
The City of Wylie and public utility entities shall have the right to remove
and keep removed all or parts of any buildings, fences, trees, shrubs or other
improvements or growths which may in any way endanger or interfere with
the construction,maintenance,or efficiency of their respective systems in said
easements. The City of Wylie and public utility entities shall at all times have
the full right of ingress and egress to or from their respective easements for
the purpose of constructing, reconstructing, inspecting, patrolling,
maintaining, reading meters, and adding to or removing all or parts of their
respective systems without the necessity at any time procuring permission
from anyone.
This plat approved subject to all platting ordinances, rules, regulations and
resolutions of the City of Wylie, Texas.
WITNESS, my hand, this the day of , 20
BY:
Authorized Signature of Owner
Printed Name and Title
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , Owner,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purpose
and considerations therein expressed.
Given under my hand and seal of office,this day of ,20 .
Notary Public in and for the State of Texas
My Commission Expires On:
(b) Surveyor's Certificate (required):
KNOW ALL MEN BY THESE PRESENTS:
That I, , do hereby certify that I prepared this plat
from an actual and accurate survey of the land and that the corner monuments
shown thereon as set were properly placed under my personal supervision in
accordance with the Subdivision Ordinance of the City of Wylie.
(seal) Signature of Registered Public Land Surveyor
Registration No.
City of Wylie, Texas Subdivision Ordinance35
Adopted 2-25-03,Amended 7-24-07
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared , Land
Surveyor, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for
the purpose and considerations therein expressed.
Given under my hand and seal of office,this day of ,20 .
Notary Public in and for the State of Texas
My Commission Expires On:
(c) Approval Block:
"RECOMMENDED FOR APPROVAL"
Chailuian, Planning & Zoning Commission Date
City of Wylie, Texas
"APPROVED FOR CONSTRUCTION"
Mayor, City of Wylie, Texas Date
"ACCEPTED"
Mayor, City of Wylie, Texas Date
City of Wylie, Texas Subdivision Ordinance36
Adopted 2-25-03,Amended 7-24-07
The undersigned, the City Secretary of the City of Wylie, Texas, hereby
certifies that the foregoing final plat of the
subdivision or addition to the City of Wylie was submitted to the City Council
on the day of ,20 ,and the Council,by formal action,
then and there accepted the dedication of streets, alley, parks, easement,public
places, and water and sewer lines as shown and set forth in and upon said plat
and said Council further authorized the Mayor to note the acceptance thereof
by signing his name as hereinabove subscribed.
Witness my hand this day of , A.D., 20 .
City Secretary
City of Wylie, Texas
(d) Special Notice:
NOTICE: Selling a portion of this addition by metes and bounds is a violation
of City ordinance and State law, and is subject to fines and withholding of
utilities and building permits.
(e) Minor Plat Signature Block:
APPROVED AND ACCEPTED
This plat is hereby approved in accordance with Section 2.11.B of the City of
Wylie Subdivision Regulations (Ordinance No. 2003-03).
Planning Director Date
City of Wylie, Texas
City of Wylie, Texas Subdivision Ordinance37
Adopted 2-25-03,Amended 7-24-07
5. Visibility, Access and Maintenance Easements (to be used if applicable):
The area or areas shown on the plat as "VAM" (Visibility, Access and Maintenance)
Easement(s) are hereby given and granted to the City, its successors and assigns, as
an easement to provide visibility, right of access for maintenance upon and across
said VAM Easement. The City shall have the right but not the obligation to maintain
any and all landscaping within the VAM Easement. Should the City exercise this
maintenance right, then it shall be permitted to remove and dispose of any and all
landscaping improvements, including without limitation, any trees, shrubs, flowers,
ground cover and fixtures. The City may withdraw maintenance of the VAM
Easement at any time. The ultimate maintenance responsibility for the VAM
Easement shall rest with the owners. No building, fence, shrub, tree or other
improvements or growths, which in any way may endanger or interfere with the
visibility, shall be constructed in, on, over or across the VAM Easement. The City
shall also have the right but not the obligation to add any landscape improvements to
the VAM Easement, to erect any traffic control devices or signs on the VAM
Easement and to remove any obstruction thereon. The City, its successors, assigns,
or agents shall have the right and privilege at all times to enter upon the VAM
Easement or any part thereof for the purposes and with all rights and privileges set
forth herein.
6. Access Easements (to be used if applicable):
The undersigned does covenant and agree that the access easement may be utilized
by any person or the general public for ingress and egress to other real property, and
for the purpose of general public vehicular and pedestrian use and access, and for fire
department and emergency use in, along, upon and across said premises, with the
right and privilege at all times of the City of Wylie, its agents, employees, workmen
and representatives having ingress,egress, and regress in,along,upon and across said
premises.
7. Other Plat Language. The plat shall include any other applicable language, such as
for drainage, floodway or other special types of easements, or such as for a private
street subdivision, as deemed appropriate and necessary by the City for the purpose
of protecting the public health, safety and welfare. Applicable plat languages are
available at the City upon request.
C. Standards for Approval. No final plat shall be reviewed by the Planning and Zoning
Commission or approved by the City Council unless the following standards have been
met:
1. The plat substantially conforms with the approved preliminary plat and other studies
and plans, as applicable;
City of Wylie, Texas Subdivision Ordinance38
Adopted 2-25-03,Amended 7-24-07
2. The construction and installation of required public improvements and City utilities
has been completed and the improvements have been accepted by the City as
conforming to the City's regulations and design standards (or the proper assurances
for construction of the improvements have been submitted and approved by the City,
per Section 6); and
3. The plat conforms to applicable zoning, subdivision and other development related
regulations,including the City's nonpoint source pollution control ordinance(Article
11.100 of the Code of Ordinances, as amended), on-site sewage facility rules (as
applicable; Article 11.200 of the Code of Ordinances, as amended), and any other
applicable codes or ordinances of the City that are related to development of a land
parcel.
D. Once the engineering plans are approved by the City Engineer, the property owner shall
provide additional sets of the approved plans to the City, as specified by the City
Engineer, for use during construction. A full set of the City-approved engineering plans
must be available for inspection on the job site at all times.
E. When all of the improvements are found to be constructed and completed in accordance
with the approved plans and specifications and with the City's standards, and upon
receipt by the City of Wylie of a maintenance bond or certificate of deposit in accordance
with Section 6 of this Ordinance from each contractor, three (3) sets of"AS BUILT" (or
"Record Drawing")plans and one (1) set of"As-Built" or"Record Drawing" sepias shall
be submitted with a letter stating the contractor's compliance with this Ordinance. After
such letter is received, the City Engineer shall receive and accept for the City of Wylie
the title, use and maintenance of the improvements according to Section 6.7. The final
plat shall not be filed with the County approved prior to receipt of the above letter and
other items, nor prior to acceptance of the improvements by the City.
F. Timing of Public Improvements.
1. The City Engineer may pet all or some of the public improvements to be installed,
offered for dedication, or accepted by the City after approval of the final plat by the
City Council if there exists a compelling reason that is consistent with the public
health, safety or welfare to do so (also see Section 6).
The City Council may permit or require the deferral of the construction of public
improvements if, in its judgment, deferring the construction would not result in any
harm to the public or would offer significant advantage in coordinating the site's
development with adjacent properties and off-site public improvements. The
deferred construction of any required public improvement(s) must be approved by
the City Council at the time of final plat approval, and the necessary assurances for
completion of the improvements,in accordance with Section 6, shall be a stipulation,
or condition, of approval of the preliminary or final plat.
City of Wylie, Texas Subdivision Ordinance39
Adopted 2-25-03,Amended 7-24-07
2. If the City Council does not require that all public improvements be installed, offered
for dedication, or accepted by the City prior to approval of the final plat,the applicant
shall provide assurances or security for the completion of the improvements or
escrowed funds, as provided in Section 6.
G. Effect of Approval. Approval of a final plat authorizes the property owner, upon
fulfillment of all requirements and conditions of approval and upon completion of
construction of all required improvements (or submission of the proper assurances for
construction of same,per Section 6), to submit the final copies, or mylars, of the plat for
filing at appropriate County of Record. Lots may be sold only when the final plat has
been approved by the City Council and the plat has been filed at the appropriate County
of Record. No conveyance or sale of any portion or lot of the property may occur until
after the final plat is approved by the City Council and filed at the appropriate County of
Record.
H. Subsequent to acceptance of public improvements by the City Engineer, the applicant
shall return copies of the final plat,with any other required documents and necessary fees
attached thereto, to the City Planner. All necessary filing materials, including mylars,
and blueline copies all bearing original signatures and seals. In addition to mylar copies
and a computer disk containing the digital plat file(s)required by the City Planner, shall
be submitted to the City with the required fees. The City Planner shall secure the
signatures of City of Wylie authorities, and return the signed original plats to the
applicant within(30) days of receipt. The applicant shall file the final plat at the office of
the County Clerk of the appropriate County of Record within thirty (30) calendar days
following signing by the City. The applicant shall return to the City Planner one (1)
mylar and six (6) blue-line copies of the filed plat.
Section 2.6: (reserved)
Section 2.7: Development Plats
2.7 A. Authority. This Section is adopted pursuant to the Texas Local Government Code,
Chapter 212, Subchapter B, Sections 212.041 through 212.050, as amended.
B. Applicability. For purposes of this Section, the term "development" means the
construction of any building, structure or improvement of any nature (residential or
nonresidential), or the enlargement of any external dimension thereof. This Section shall
apply to any land lying within the City or within its extraterritorial jurisdiction in the
following circumstances:
1. The development of any tract of land which has not been platted or replatted prior to
the effective date of this Ordinance, unless expressly exempted herein;
2. The development of any tract of land for which the property owner claims an
exemption from the City's Subdivision Ordinance, including requirements to replat,
which exemption is not expressly provided for in such regulations;
City of Wylie, Texas Subdivision Ordinance40
Adopted 2-25-03,Amended 7-24-07
3. The development of any tract of land for which the only access is a private easement
or street;
4. The division of any tract of land resulting in parcels or lots each of which is greater
than five (5) acres in size, and where no public improvement is proposed to be
dedicated.
C. Exceptions. No development plat shall be required, where the land to be developed has
received final plat or replat approval prior to the effective date of this Ordinance. The
City Council may, from time to time, exempt other development or land divisions from
the requirements of this Section.
D. Prohibition on Development. No development shall commence, nor shall any building
permit,utility connection permit,electrical connection permit or similar permit be issued,
for any development or land division subject to this Section,until a development plat has
been reviewed by the Commission, approved by the City Council, and submitted to the
City for filing at the County. Notwithstanding the provisions of this Section, the City
shall not require building permits or otherwise enforce the City's Building Code in the
City's extraterritorial jurisdiction in relation to any development plat required by this
Subdivision Ordinance.
E. Standards of Approval. The development plat shall not be approved until the following
standards have been satisfied:
1. The proposed development conforms to all City plans, including but not limited to,
the Comprehensive Plan, utility plans and applicable capital improvements plans;
2. The proposed development conforms to the requirements of the Zoning Ordinance
(if located within the City's corporate limits) and the Subdivision Ordinance;
3. The proposed development is adequately served by public facilities and services,
parks and open space in conformance with City regulations;
4. Appropriate agreements for acceptance and use of public dedications to serve the
development have been tendered; and
5. The proposed development conforms to the design and improvement standards
contained in this Ordinance and in the City's Design Manuals and Standard
Construction Details, and to any other applicable codes or ordinances of the City that
are related to development of a land parcel.
F. Conditions. The City Council may impose such conditions on the approval of the
development plat as are necessary to assure compliance with the standards in Subsection
(e) above.
City of Wylie, Texas Subdivision Ordinance41
Adopted 2-25-03,Amended 7-24-07
G. Approval Procedure. The application for a development plat shall be submitted to the
City in the same manner as a final plat (see Sections 2.5), and shall be approved,
conditionally approved, or denied by the City Council following review and
recommendation by the Planning and Zoning Commission in a similar manner as a final
plat. Upon approval, the development plat shall be filed at the County by the City in the
same manner as prescribed for a final plat, and approval of a development plat shall
expire if all filing materials are not submitted to the City Planner and if the plat is not
filed at the County within the time periods specified for a final plat.
H. Submittal Requirements - In addition to all information that is required to be shown on a
final plat(see Section 2.5), a development plat shall:
1. Be prepared by a registered professional land surveyor;
2. Clearly show the boundary of the development plat;
3. Show each existing or proposed building, structure or improvement or proposed
modification of the external configuration of the building, structure or improvement
involving a change therein;
4. Show all easements and rights-of-way within or adjacent to the development plat;
and
5. Be accompanied by the required number of copies of the plat,a completed application
form, the required submission fee, and a certificate showing that all taxes have been
paid on the subject property and that no delinquent taxes exist against the property in
accordance with Section 1.10.
Section 2.8: Replatting
2.8 A. Replat Required. Unless otherwise expressly provided for herein, a property owner who
proposes to replat any portion of an already approved final plat, other than to amend or
vacate the plat, must first obtain approval for the replat under the same standards and by
the same procedures prescribed for the final platting of land by this Ordinance. All
improvements shall be constructed in accordance with the same requirements as for a
preliminary or final plat, as provided herein. The City Planner may waive or modify
requirements for a preliminary replat under certain circumstances where the proposed
replat does not involve a large land parcel or an existing structure or business on the
subject property, and where the proposed plat revisions are relatively simple in nature.
B. Replatting Without Vacating Preceding Plat. A replat of a final plat or portion of a final
plat may be recorded and is controlling over the preceding plat without vacation of that
plat if the replat:
1. Is signed and acknowledged by only the owners of the property being replatted;
2. Is approved, after parties in interest and citizens have an opportunity to be heard,by
the Planning and Zoning Commission and by the City Council; and
City of Wylie, Texas Subdivision Ordinance42
Adopted 2-25-03,Amended 7-24-07
3. Does not attempt to amend or remove any covenants or restrictions previously
incorporated in the final plat.
C. Previous Requirements or Conditions of Approval Which Are Still Valid. In addition to
compliance with(b) above, a replat without vacation of the preceding plat must conform
to the requirements of this Section if:
1. During the preceding five (5) years, any of the area to be replatted was limited by an
interim or permanent zoning classification to residential use for not more than two
(2)residential units per lot; or
2. Any lot in the preceding plat was limited by deed restrictions to residential use for
not more than two (2) residential units per lot.
D. If the neighboring property owners file with the City a written protest of the replatting,
or if the replat requires a variance or waiver as defined in Section 1.9, then approval of
the replat will require the affirmative vote of at least three-fourths (3/4) of the City
Council members present and voting. For a legal protest, written instruments signed by
the owners of at least twenty percent (20%) of the area of the lots or land immediately
adjoining the area covered by the proposed replat and extending two hundred feet(200')
from that area, but within the original subdivision, must be filed with the City prior to
action by the Planning and Zoning Commission. In computing the percentage of land
area subject to the "20% rule" described above, the area of streets and alleys shall be
included.
E. Any replat which adds or deletes lots must include the original subdivision and lot
boundaries. If a replat is submitted for only a portion of a previously platted subdivision,
the replat must reference the previous subdivision name and recording information, and
must state on the replat the specific lots which have changed.
F. If the previous plat is vacated as prescribed in Section 212.013 of the Texas Local
Government Code, as amended, a public hearing is not required for a replat of the area
vacated.
G. The replat of the subdivision shall meet all the requirements for a final plat for a new
subdivision that may be pertinent, as provided for herein.
H. The title shall identify the document as a"Final Plat"of the" Addition,Block
, Lot(s) , Being a Replat of Block , Lot(s) of the
Addition, an addition to the City of Wylie, Texas, as recorded in
Volume/Cabinet , Page/Slide of the Records of(the appropriate) County
of Record, Texas".
I. An application submittal for a replat shall be the same as for a final plat, and shall be
accompanied by the required number of copies of the plat, a completed application form,
the required submission fee, and a certificate showing that all taxes have been paid on
the subject property and that no delinquent taxes exist against the property in accordance
with Section 1.10.
City of Wylie, Texas Subdivision Ordinance43
Adopted 2-25-03,Amended 7-24-07
J. The replat shall be filed at the County in the same manner as prescribed for a final plat,
and approval of a replat shall expire if all filing materials are not submitted to the City,
and if the replat is not filed at the County within the time periods specified for a final
plat.
Section 2.9: Amending Plats
2.9 A. An amended plat shall meet all of the informational and procedural requirements set forth
for a final plat, and shall be accompanied by the required number of copies of the plat, a
completed application form, the required submission fee, and a certificate showing that
all taxes have been paid on the subject property and that no delinquent taxes exist against
the property in accordance with Section 1.10.
B. The City Planner may approve an amending plat, which may be recorded and is
controlling over the preceding or final plat without vacation of that plat, if the amending
plat is signed by the applicants only and if the amending plat is for one or more of the
purposes set forth in this Section. The procedures for amending plats shall apply only if
the sole purpose of the amending plat is to:
1. Correct an error in a course or distance shown on the preceding plat;
2. Add a course or distance that was omitted on the preceding plat;
3. Correct an error in a real property description shown on the preceding plat;
4. Indicate monuments set after the death, disability, or retirement from practice of the
engineer or surveyor responsible for setting monuments;
5. Show the location or character of a monument that has been changed in location or
character or that is shown incorrectly as to location or character on the preceding plat;
6. Correct any other type of scrivener or clerical error or omission previously approved
by the municipal authority responsible for approving plats, including lot numbers,
acreage, street names, and identification of adjacent recorded plats;
7. Correct an error in courses and distances of lot lines between two adjacent lots if:
(a) Both lot owners join in the application for amending the plat;
(b) Neither lot is abolished;
(c) The amendment does not attempt to remove recorded covenants or restrictions;
and
(d) The amendment does not have a material adverse effect on the property rights of
the owners in the plat;
8. Relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement;
City of Wylie, Texas Subdivision Ordinance44
Adopted 2-25-03,Amended 7-24-07
9. Relocate one or more lot lines between one or more adjacent lots if:
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
and
(c) The amendment does not increase the number of lots; or
10. To make necessary changes to the preceding plat to create six (6) or fewer lots in the
subdivision or a part of the subdivision covered by the preceding plat if:
(a) The changes do not affect applicable zoning and other regulations of the City;
(b) The changes do not attempt to amend or remove any covenants or restrictions;
and
(c) The area covered by the changes is located in an area that the City Council has
approved, after a public hearing, as a residential improvement area.
C. The City Planner may, at his or her discretion and for any reason, elect to present the
amending plat to the Planning and Zoning Commission and City Council for
consideration and approval. Any decision made on the amending plat by the City Planner
shall be approval of the plat. Should the City Planner refuse to approve the amending
plat, then the plat shall be referred to the Commission and the City Council for
consideration within the time period required by State law.
D. Notice, a public hearing, and the approval of other lot owners are not required for the
approval and issuance of an amending plat.
E. The amended plat shall be entitled and clearly state that it is an "amended plat." It shall
also state the specific lots affected or changed as a result of the amended plat, and shall
include the original subdivision plat boundary. All references to "final plat" or "replat"
shall be removed.
F. Other than noted above, the procedure for approval of plat amendment(s) shall be the
same as in Section 2.8.
G. The amending plat shall be filed at the County in the same manner as prescribed for a
final plat, and approval of an amending plat shall expire if all filing materials are not
submitted to the City Secretary, and if the plat is not filed at the County within the time
periods specified for a final plat.
Section 2.10: Plat Vacation
2.10 A. By Property Owner. The property owner of the tract covered by a plat may vacate,upon
review by the Commission and approval by the City Council, the plat at any time before
any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument
declaring the plat vacated is approved and recorded in the manner prescribed for the
original plat (instrument language is available from the City, upon request).
City of Wylie, Texas Subdivision Ordinance45
Adopted 2-25-03,Amended 7-24-07
B. By All Lot Owners. If some or all of the lots covered by the plat have been sold,the plat,
or any part of the plat, may be vacated on the application of all the owners of lots in the
plat with approval obtained in the manner prescribed for the original plat.
C. Criteria. The Planning and Zoning Commission shall review, and the City Council shall
approve,the petition for vacation on such terms and conditions as are in accordance with
Section 212.013 of the Texas Local Government Code (as amended), and as are
reasonable to protect the public health, safety and welfare. As a condition of vacation of
the plat, the City Council may direct the petitioners to prepare and seek approval of a
revised final plat in accordance with this Ordinance such that the property does not
become"unplatted".
D. Effect of Action. On the execution and recording of the vacating instrument, the vacated
plat shall have no effect. Regardless of the Commission's and Council's action on the
petition, the property owner will have no right to a refund of any monies, fees or charges
paid to the City nor to the return of any property or consideration dedicated or delivered
to the City except as may have previously been agreed to by the Commission and City
Council.
E. City-Initiated Plat Vacation.
1. General Conditions. The City Council, on its motion, may vacate the plat of an
approved subdivision or addition when:
(a) No lots within the approved plat have been sold within five (5) years following
the date that the plat was signed by the City;
(b) The property owner has breached an improvement agreement and the City is
unable to obtain funds with which to complete construction of public
improvements,except that the vacation shall apply only to lots owned by property
owner or its successor; or
(c) The plat has been of record for more than five (5) years and the City determines
that the further sale of lots within the subdivision or addition presents a threat to
public health, safety or welfare, except that the vacation shall apply only to lots
owned by the property owner or its successors.
2. Procedure. Upon any motion of the Planning and Zoning Commission or City
Council to vacate the plat of any previously approved subdivision or addition, in
whole or in part, the City shall publish notice in a newspaper of general circulation
in the County. The City shall also provide personal notice to all property owners
within the subdivision or addition and to the City Council. The notice shall state the
time and place for a public hearing on the motion to vacate the subdivision or addition
plat. The Commission shall recommend approval and the City Council shall approve
the vacation only if the criteria and conditions cited above are satisfied.
City of Wylie, Texas Subdivision Ordinance46
Adopted 2-25-03,Amended 7-24-07
3. Record of Notice. If the Commission and City Council approve vacating a plat, the
City Secretary shall record a copy of the resolution or ordinance in the office of the
County Clerk of the appropriate County of Record with a copy of the area or plat
vacated. The County Clerk shall write legibly on the vacated plat the word"vacated"
and shall enter on the plat a reference to the volume and page at which the vacating
instrument is recorded. If the Commission and City Council adopt a resolution or
ordinance vacating a plat in part, it shall cause a revised final plat to be recorded
which shows that portion of the original plat that has been vacated and that portion
that has not been vacated. On the execution and recording of the vacating instrument
the vacated plat has no effect.
Section 2.11: Minor Plats
2.11 A. A minor plat shall meet all of the informational and procedural requirements set forth for
a final plat, and shall be accompanied by the required number of copies of the plat, a
completed application form, the required submission fee, and a certificate showing that
all taxes have been paid on the subject property and that no delinquent taxes exist against
the property in accordance with Section 1.10.
B. The City Planner may approve a minor plat, or may, for any reason, elect to present the
minor plat to the Planning and Zoning Commission and City Council for consideration
and approval. Any decision made on the minor plat by the City Planner shall be approval
of the plat. Should the City Planner refuse to approve the minor plat, then the plat shall
be referred to the Planning and Zoning Commission and/or City Council for
consideration within the time period required by State law.
C. Notice, a public hearing, and the approval of other lot owners are not required for the
approval a minor plat.
D. The minor plat shall be entitled and clearly state that it is a "minor plat."
F. The minor plat shall be filed at the County in the same manner as prescribed for a final
plat, and approval of a minor plat shall expire if all filing materials are not submitted to
the City and if the plat is not filed at the County within the time periods specified for a
final plat.
Section 2:12: Abandonment of right-of-way
2.12 A. Abandonment of right-of-way may be applied for under the following conditions:
1. The request shall be initiated by an abutting property owner of the right-of-way
to be abandoned.
2. All property owners abutting such right-of-way shall be notified by the applicant of
such request by certified letter. A written response from each abutting property
owner must be received by the City prior to staff review.
City of Wylie, Texas Subdivision Ordinance47
Adopted 2-25-03,Amended 7-24-07
3. All public utilities that have an easement or facilities in the right-of-way that is the
subject of the request must consent in writing to the abandonment.If it is determined
following review of the application by city staff that ongoing utility interests be
protected through easement dedications, the applicant or his authorized agent shall
be required to develop and submit a plat dedicating such easements.
4. A summary of how the city acquired the right-of-way to be abandoned shall be
included with the documentation provided by the applicant.
5. A certified appraisal of the value of the land to be abandoned shall be submitted
to the city by the applicant. The City Council may waive the requirement for an
appraisal if Council deems that it is in the best interest of the City and if allowed by
law.
6. An explanation which identifies why the proposed use of the land to be abandoned is
of more benefit to the community under private ownership than retention of the land
as public right-of-way shall be provided by the applicant.
7. All property owners abutting such right-of-way must execute a release of claims
agreement, and indemnify the City of Wylie against all suits, costs, expenses, and
damages that may arise or grow out of such abandonment, which agreement shall
be provided by the City of Wylie.
8. When the required documents, including those sent to public agencies and abutting
property owners, along with a cashier's check in the amount of the fair market value
has been presented to the Planning Department, a Staff Report will be prepared and
then attached to the ordinance for placement on an upcoming Council agenda. The
party requesting the abandonment shall be sent advance written notice of the date,
time and place that said request will be heard by the City Council.
9. A plat or replat shall be submitted to the City combining the abandoned right-of-way
into the adjacent platted lots. Such plat or replat shall be submitted to the city
within six (6) months of City Council approval or the approval of the abandonment
shall expire and be automatically revoked. Abandonment of right-of-way shall not be
considered complete until such plat or replat has been prepared in accordance with
this ordinance,and approved by the Planning and Zoning Commission, and filed with
the appropriate county.
B. Procedure:
Formal application for right-of-way abandonment shall be made by the applicant
submitting to the Planning Department an application and all required documentation
stating reason for abandonment and a description of the land. The City Council shall
have the final authority to approve or deny an abandonment request. Applications
shall be obtained from the Planning Department.
A cashier's check for the fair market value of the right-of-way shall be submitted
along with the completed application for abandonment. In the event abandonment is
City of Wylie, Texas Subdivision Ordinance48
Adopted 2-25-03,Amended 7-24-07
not granted by City Council, the funds provided will be fully refunded to the
purchaser(s).
The applicant shall have six (6)months from the date of City Council approval of the
abandonment to submit and file a plat or replat with the county to incorporate the
abandoned right-of-way into the adjacent platted lot(s). No permits shall be issued
without a filed plat. The approval shall expire on the last day of the six-month period
if all steps are not completed. Reapproval of an abandonment by the City Council
may be applied for at any time subsequent to the date such abandonment becomes
invalid by following the procedures set forth herein. If the Director of Planning or
City Council should deem changes necessary in the reapproval of an abandonment in
light of new or significant information or requirements, it shall so inform the
applicant.
C. Content:
The plat or replat shall be in accordance with the requirements of this Subdivision
Ordinance and a note identifying what is being abandoned shall be shown on the plat
or replat.
D. Abandonment of Fire Lanes:
1. In instances where fire lanes are depicted on a plat of record,the owner of the property
may submit request for a certificate of abandonment to remove the fire lane from the
plat. The request shall be submitted to the Director of Planning in the manner
prescribed by the Director.
2. The request shall include an accurate diagram of the proposed abandonment and
reference the exact name of the plat, including volume and page number where the
plat was recorded. The request shall be forwarded to the City Council for
consideration.
3. Notwithstanding any action regarding the certificate of abandonment of a platted
fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire
Code.
4. The certificate of abandonment for a fire lane shall expire if it is not filed with the
appropriate county clerk within six (6) months from the date of approval.
City of Wylie, Texas Subdivision Ordinance49
Adopted 2-25-03,Amended 7-24-07
III. SUBDIVISION DESIGN STANDARDS
Section 3.1: Streets
3.1 A. The arrangement, character, extent,width, grade and location of all streets shall conform
to the City of Wylie's Thoroughfare Plan and Four Cities Thoroughfare Plan as well as
Design Manuals and Standard Construction Details, and shall be considered in their
relation to existing and planned streets or driveways (whether within the City of Wylie,
within its ETJ area, or within adjacent municipal or County areas), to topographical
conditions, to public safety, and in their appropriate relation to the proposed uses of the
land to be served by such streets. Reserve or residual strips of land controlling access to
or egress from other property, or to or from any street or alley, or having the effect of
restricting or damaging the adjoining property for subdivision purposes, or which will
not be taxable or accessible for improvements shall not be permitted in any subdivision
unless such are required by the City in the public interest (such as to enhance public
safety or other public interest). All streets shall be constructed in accordance with the
City's Design Manuals and Standard Construction Details.
B. Adequacy of Streets and Thoroughfares.
1. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall
assure that the subdivision is served by adequate streets and thoroughfares, and shall
be responsible for the costs of all rights-of-way and street improvements adjacent to
the development,in accordance with the following policies and standards,and subject
to the City's cost participation policies on oversized facilities.
2. General Adequacy Policy. Every subdivision shall be served by improved streets and
thoroughfares adequate to accommodate the vehicular traffic to be generated by the
development. Proposed streets shall provide a safe,convenient and functional system
for traffic circulation; shall be properly related to the City's Thoroughfare Plan, road
classification system, Comprehensive Plan and any amendments thereto; and shall be
appropriate for the particular traffic characteristics of each development.
3. Road Network. New subdivisions shall be supported by a road network having
adequate capacity, ingress/egress, and safe and efficient traffic circulation. The
adequacy of the road network for developments of one hundred (100) or more
dwelling units, or for developments generating one thousand (1,000) or more "one-
way" trips per day, or for developments involving collector or arterial streets not
appearing on the City's adopted Thoroughfare Plan, or where deemed required by the
City Engineer, shall be demonstrated by preparation and submission, along with the
concept plan or preliminary plat application, of a traffic impact analysis prepared in
accordance with Subsection (f), Traffic Impact Analysis, which takes
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Adopted 2-25-03,Amended 7-24-07
into consideration the need to accommodate traffic generated by the development,
land to be developed in common ownership and other developed property. In the
event that the property to be developed is intended as a phase in a larger development
project, or constitutes a portion of the land to be ultimately developed, the City
Council may require a demonstration of adequacy pursuant to this Section for
additional phases or portions of the property as a condition of approval for the
proposed concept plan or plat. In the event that the applicant submits a traffic impact
analysis for an entire phased development project, the City may require an update of
the study for later phases of the development. If the concept plan or plat is in
conformance with the Thoroughfare Plan and if the concept plan or plat is for a
development of less than one hundred (100) dwelling units or for a development
generating less than one thousand (1,000) "one-way" trips per day, then a traffic
impact analysis may be required at the discretion of the City Engineer.
4. Approach Roads and Access. All subdivisions must have at least two (2) points of
vehicular access (primarily for emergency vehicles), which must be connected via
improved roadways to the City's improved thoroughfare and street system by one or
more approach roads of such dimensions and improved to such standards as are
hereinafter set forth. Requirements for dedication of right-of-way and improvement
of approach roads may be increased depending upon the size or density of the
proposed development, or if such need is demonstrated by traffic impact analysis.
"Two (2)points of vehicular access" shall be construed to mean that the subdivision
has at least two (2) improved roads accessing the subdivision from the City's
improved thoroughfare system, and the subdivision has at least two road entrances.
The City Council may, at its discretion and upon a finding that such will not
compromise public safety or impede emergency access, accept a single median-
divided entrance from the City's improved thoroughfare system provided that the
median extends into the subdivision to an intersecting internal street which provides
at least two (2) routes to the interior of the subdivision. For example, the entrance
street is not a dead-end or cul-de-sac, and it does not create a "bottleneck" allowing
only one emergency route into the interior of the subdivision.
The subdivision shall be designed to provide adequate emergency access for public
safety vehicles. Each residential lot in the subdivision shall have a minimum frontage
on a dedicated street as required by applicable zoning or thirty(30') feet, whichever
is greater, unless other provisions have been authorized through planned
development approval.
5. Off-Site Improvements. Where traffic impact analysis demonstrates the need for
such facilities,the property owner shall make such improvements to off-site collector
and arterial streets and intersections as are necessary to mitigate traffic impacts
generated by the development or related developments.
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Adopted 2-25-03,Amended 7-24-07
6. Street Dedications.
(a) Dedication of Right-of-Way. The property owner shall provide all rights-of-way
required for existing or future streets, and for all required street improvements,
including perimeter streets and approach roads, as shown in the Thoroughfare
Plan, Design Manuals and Standard Construction Details or other valid
development plans approved by City Council. In the case of perimeter streets,
half of the total required right-of-way width for such streets shall be provided
unless the proposed development is on both sides of the street, in which case the
full right-of-way width shall be provided. In some instances, more than half of
the required width shall be required when a half street is impractical or unsafe
and depending upon the actual or proposed alignment of the street, such as in the
case of a curved street, as may be required by the City Council.
(b) Perimeter Streets. Where an existing half-street is adjacent to a new subdivision
or addition, the other half of the street shall be dedicated, and an appropriate
amount of the street shall be improved, by the developer of the subdivision or
addition.
(c) Slope Easements. The dedication of easements, in addition to dedicated rights-
of-way shall be required whenever, due to topography, additional width is
necessary to provide adequate earth slopes. Such slopes shall be no steeper than
three (3) feet horizontal run to one (1) foot vertical height, or a three-to-one(3:1)
slope.
7. Street Construction. All streets and thoroughfares shall be constructed and paved to
City standards and within rights-of-way as required by the Thoroughfare Plan and
this Ordinance, and in accordance with the Design Manuals and Standard
Construction Details and other regulations as may be from time to time amended or
adopted by the City Council.
8. Intersection Improvements and Traffic Control Devices shall be installed as
warranted in accordance with the traffic impact analysis. Construction and design
standards shall be in accordance with City Design Manuals and Standard
Construction Details.
9. Phased Development. Where a subdivision is proposed to occur in phases, the
applicant, in conjunction with submission of the preliminary plat, shall provide a
schedule of development. The schedule shall set forth the intended plan of
development and dedication of rights-of-way for streets and street improvements,
whether on-site or off-site, intended to serve each proposed phase of the subdivision.
The City Engineer shall determine whether the proposed streets and street
improvements are adequate pursuant to standards herein established, and may require
that a traffic impact analysis be submitted for the entire project or such phases as the
City determines to be necessary to adjudge whether the subdivision will be
adequately served by streets and thoroughfares.
City of Wylie, Texas Subdivision Ordinance52
Adopted 2-25-03,Amended 7-24-07
10. Private Streets. Subdivisions having private streets may be established only under
the terms set forth in this Section, and pursuant to any other ordinances or guidelines
for private street developments as may be adopted for use by the City either as part
of this Ordinance or as separate ordinances or policies. All private streets shall be
designed and constructed in accordance with the City's Design Manual and Standard
Construction Details for publicly dedicated streets. The term "Private Street" shall
be inclusive of alleys, if such are to be provided within the subdivision.
(a) Private Streets: Subdivision Eligibility Criteria. Private streets shall be permitted
only within a subdivision satisfying each of the following criteria:
(1) The subdivision shall have a sufficient number of lots and value to
demonstrate through an approved economic analysis the viability of private
maintenance by the development served; and
(2) The streets to be restricted to private use are not intended for regional or local
through traffic circulation (see Subsection 3.1c.10.(b)below); and
(3) The subdivision is located in an area that is surrounded on three (3) sides,
meaning at least seventy-five percent (75%) of the perimeter, by natural or
man-made barriers, so as to be accessible from only a single direction of the
compass; and
(4) The subdivision is located adjacent to an existing or approved public street
that can be reasonably connected, even though the street connection may
require construction of a bridge or culvert; and
(5) A mandatory property owners (homeowners) association, which includes all
property to be served by the private streets, shall be formed and shall be
responsible for maintenance of the private streets and alleys. (see Subsection
3.1c.10.(e)below and Section 4.3); and
(6) The subdivision conforms to any other special guidelines for private street
developments as may be approved separately by the City Council.
(b) Private Streets: Certain Streets Excluded. Roads or streets that are shown on
the City's Thoroughfare Plan, such as highways, major or minor thoroughfares
or arterials,or collectors, shall not be used,maintained or constructed as private
streets, and a private street subdivision shall not cross or interfere with an
existing or future collector or arterial street. Also, the Planning and Zoning
Commission and City Council may deny the creation of any private street if, in
their sole judgment,the private street would negatively affect traffic circulation
on public streets, or if it would impair access to the subject or adjacent property;
impair access to or from public facilities including schools or parks; or if it
would cause possible delays in the response time of emergency vehicles.
City of Wylie, Texas Subdivision Ordinance53
Adopted 2-25-03,Amended 7-24-07
(c) Private Streets: Parks, Greenbelts and Wildlife Preserves Excluded. A private
street subdivision shall not cross or interfere with public access to an existing
or future public pedestrian pathway, hike and bike trail, greenbelt, park or
wildlife preserve as shown on the City of Wylie's Parks and Open Space Master
Plan or as already dedicated for public use.
(d) Private Streets: Property Owners or Homeowners Association Required.
Subdivisions developed with private streets shall have a mandatory property
owners association which includes all property and lots served by the private
streets (see Section 4.3). The association shall own and be responsible for the
maintenance of private streets and appurtenances. The association documents
shall be reviewed and approved by the City Planner and the City Attorney to
ensure that they conform to these and other applicable City rules and
regulations. The documents shall be filed of record at the appropriate County
prior to final plat acceptance in order to ensure that there is an entity in place
for long-term maintenance of private streets and appurtenances. The
association may not be dissolved without the prior written consent of the City
Council. No portion of the association documents pertaining to the
maintenance of private streets and alleys, and assessments therefore, may be
amended without the written consent of the City Council. The City will not
assist in enforcing deed restrictions.
(e) Private Streets: Private Street Lot. Private streets must be constructed within a
separate lot owned by the property owners association. This lot must conform
to the City's standards for public street rights-of-way. An easement covering
the street lot shall be granted to the City providing unrestricted access to and
use of the property for any purpose deemed necessary by the City. This right
shall also extend to all utility providers operating within the City and to other
necessary governmental service providers, such as the U.S.Postal Service. The
easement shall also permit the City to remove any vehicle or obstacle within
the street lot that may impair emergency access.
(f) Private Streets: Construction and Maintenance Cost. The City shall not pay for
any portion of the cost of constructing or maintaining a private street.
(g) Private Streets: Infrastructure and Utilities. Any public water, sewer and
drainage facilities, street lights,and traffic control devices, such as traffic signs,
placed within the private street lot shall be designed and constructed to City
standards, and shall be accepted by and dedicated to the City prior to filing the
record plat for the subdivision.All private traffic control devices and regulatory
signs shall conform to the"Texas Manual of Uniform Traffic Control Devices",
as amended, and to City standards.
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Adopted 2-25-03,Amended 7-24-07
The metering for utilities such as water, gas and electricity shall be located on
the individual lots to be served, not grouped together in a centralized
location(s), such as "gang-box" style metering stations, which shall not be
permitted.
(h) Private Streets: Plans and Inspections. Development applications for
subdivisions with private streets must include the same plans and engineering
information required for public streets and utilities. City requirements
pertaining to inspection and approval of improvements shall apply, and fees
charged for these services shall also apply. The City may periodically inspect
private streets, and may require any repairs necessary to ensure efficient
emergency access and to protect the public health, safety, convenience and
welfare.
(i) Private Streets: Restricted Access. The entrances to all private streets shall be
clearly marked with a sign, placed in a prominent and visible location, stating
that the streets within the subdivision are private, and that they are not
maintained nor regularly patrolled by the City. Guard houses, access control
gates, and cross arms, if used, shall be constructed per Subsection (k) below.
All restricted access entrances must be manned twenty-four (24) hours every
day, or they must provide a reliable, alternative means of ensuring City and
emergency access to the subdivision, preferably with an Opticom-type system
for emergency access,by the City and other utility or public service providers,
such as postal carriers and utility companies, with appropriate identification.
The method to be used to ensure City and emergency access into the subdivision
shall be approved by the City Council and by all applicable emergency services
providers prior to engineering release for construction of the development. If
the association fails to maintain reliable access as required herein, the City may
enter the subdivision and remove any gate or device which is a barrier to access
at the sole expense of the association. The association documents shall contain
provisions in conformity with this Section which may not be amended without
the written consent of the City Council.
(j) Private Streets: Access Restricted Entrance Design Standards. Any private
street (and any other type of gated entrance) which has an access control gate
or cross arm must have a minimum uninterrupted pavement width of twenty-
seven(27) feet at the location of the gate or access control device,both ingress
point and egress point, regardless of the type of device used. If an overhead, or
lift-up, barrier is used, it must be a minimum of fourteen (14) feet in height
above the road surface, and this clearance height shall be extended for a
minimum distance of fifty(50) feet in front of and
City of Wylie, Texas Subdivision Ordinance55
Adopted 2-25-03,Amended 7-24-07
behind the location of the device. All gates and cross arms must be of a
breakaway design. A minimum vehicle stacking distance of one hundred(100)
feet shall be provided from the right-of-way line of the public road from which
the private street subdivision is accessed to the first vehicle stopping point,
which is usually an access request keypad, a telephone, or a guard's window.
Adequate distance shall be provided between the access request point(s)and the
entry barrier, or gate,to accommodate a vehicle turnaround as described below.
A paved turnaround space must be located in front of(i.e.,prior to passage of)
any restricted access entrance barrier, between the access request device and
the barrier or gate, to allow vehicles that are denied access to safely exit onto
public streets without having to back up,particularly into the public street upon
which the entrance is located. The design and geometry of such turnaround
shall be of such pavement width and having such inside turning radius that it
will accommodate smooth, single-motion U-turn movements by the types of
service and utility trucks that typically visit or make deliveries to neighborhoods
that are similar to the proposed private street development shall be
accommodated, such as utility service vehicles, postal or UPS delivery trucks,
and two- to three-axle flatbed or box-type trucks used by contractors and
moving companies.
The City Engineer may require submission of additional drawings plans or
exhibits demonstrating that the proposed turnaround will work properly, and
that vehicle turnaround movements will not compromise public safety on the
entry roadway or on the adjacent public street(s).
A site plan showing the design and location of all proposed access restricted
entrances shall be submitted for review by the City Engineer along with the
engineering plans for the subdivision,and must be approved by the City Council
along with approval of the preliminary plat.
(k) Private Streets: Waiver of Services. The subdivision final plat, property deeds
and property owners association documents shall note that certain City services
shall not be provided for private street subdivisions. Among the services which
will not be provided are: routine law enforcement patrols, enforcement of
traffic and parking regulations, and preparation of accident reports. Depending
upon the characteristics of the development and upon access limitations posed
by the design of entrances into the subdivision, other services (such as
sanitation) may not be provided, as well.
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Adopted 2-25-03,Amended 7-24-07
(1) Private Streets: Petition to Convert to Public Streets. The property owner's
association documents shall allow the association to petition the City to accept
private streets and any associated property as public streets and right-of-way
upon written notice to all association members and upon the favorable vote of
a majority of the membership. However, in no event shall the City be obligated
to accept said streets as public. Should the City elect to accept the streets as
public, then the City has the right to inspect the private streets and to assess the
lot owners for the expense of needed repairs concurrent with the City's
acceptance of the streets. The City shall be the sole judge of whether repairs
are needed. The City may also require, at the association's or the lot owners'
expense, the removal of any guard houses, access control devices, landscaping
or other aesthetic amenities located within the street lot or within any other
common area. The association documents shall provide for the City's right to
such removal and assessment. Those portions of the association documents
pertaining to the subject matter contained in this Section shall not be amended
without the written consent of the City Council.
(m) Private Streets: Hold Harmless. On the subdivision final plat shall be language
whereby the property owners association, as owner of the private streets and
appurtenances, agrees to release,indemnify,defend and hold harmless the City,
any other governmental entity, and any public utility entity for damages to the
private streets that may be occasioned by the reasonable use of the private
streets by same, and for damages and injury (including death) arising from the
condition of the private streets, out of any use of access gates or cross arms, or
out of any use of the subdivision by the City or governmental or utility entity
(such plat language is available from the City).
C. (reserved)
D. Escrow Policies and Procedures.
1. Request for Escrow. Whenever this Ordinance requires a property owner to construct
a street or thoroughfare, or other type of public improvement, the property owner
may, if there exists unusual circumstances, such as a timing issue due to pending
roadway improvements by another agency such as TxDOT or the appropriate County
of Record, that would present undue hardships or that would impede public
infrastructure coordination or timing, petition the City to construct the street or
thoroughfare,usually at a later date, in exchange for deposit of escrow as established
in this Section. If more than one street or thoroughfare must be constructed in order
to meet adequacy requirements for roadways, as demonstrated by a traffic impact
analysis, the City Engineer may prioritize roadways for which escrow is to be
accepted and require the deposit of all funds attributable to the development in escrow
accounts for one or more of such
City of Wylie, Texas Subdivision Ordinance57
Adopted 2-25-03,Amended 7-24-07
affected roadways. The City Council shall review the particular circumstances
involved (a traffic impact analysis may be required to facilitate the City Council's
deliberations on the matter), and shall detelinine, at its sole discretion,whether or not
provision of escrow deposits will be acceptable in lieu of the property owner's
obligation to construct the street or thoroughfare with his or her development.
2. Escrow Deposit With the City. Whenever the City shall agree to accept escrow
deposits in lieu of construction by the owner of the property under this Ordinance,
the property owner or developer shall deposit in escrow with the City an amount
equal to his or her share of the costs of design, construction, permits, reviews and
approvals, inspections, any additional land acquisition, and an appropriate and the
current standard inflation factor to ensure that the actual "future dollar" costs will be
covered when actual construction occurs in the future. Such amount shall be paid
prior to release of engineering plans by the City Engineer. The obligations and
responsibilities of the property owner shall become those of the property owner's
transferees, successors and assigns; and the liability therefore shall be joint and
several.
3. Determination of Escrow Amount. The amount of the escrow shall be determined by
using the maximum comparable "turnkey" bid price of construction of the
improvements(including design,permits,reviews and approvals,inspections and any
additional land acquisition that may be needed). Such determination of the escrow
amount shall be made as of the time the escrow is due hereunder.
4. Teliiiination of Escrow. Escrows which have been placed with the City under this
Section or in accordance with previously approved street improvement policies, and
which have been held for a period of twenty(20)years from the date of such payment
or agreement, in the event that the City has not authorized the preparation of plans
and specifications for construction of such roadway facilities for which the escrow
was made, shall,upon written request,be returned to the current property owner,with
any accrued interest. Such return does not remove any obligations of the property
owner for construction of the required facilities if a building permit has not been
issued on the subject lot or if a new building peimilit is applied for.
5. Refund. If any street or highway for which escrow is deposited is constructed by a
party other than the City, or is reconstructed by another governmental authority at no
cost to the City, the escrowed funds and accrued interest shall be refunded to the
current property owner or applicant who originally paid the escrow amount after
completion and acceptance of the public improvements. In the event that a portion
of the cost is borne by the City and the other portion of the cost by another party or
governmental authority, the difference between the property owner's actual
proportionate cost and the escrowed funds,including accrued interest,if any, shall be
refunded after completion and acceptance of the improvements.
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6. Interest Limitation. If money is refunded within six (6) months of deposit, only the
principal will be refunded. Monies returned after this date will be refunded with
interest accrued, calculated at one percent (1%) less than the rate of actual earnings.
Existing funds, collected for previous subdivision development such as Perimeter
Street funds, shall be refunded as stated in Section 4 above, principle and earned
interest.
E. Traffic Impact Analysis. Any proposed development project or plat involving a
significant change to a proposed roadway alignment from that shown on the City of
Wylie's Thoroughfare Plan (or involving a development of one hundred (100) or more
dwelling units, or for developments generating one thousand(1,000) or more "one-way"
trips per day), or as required by the City Engineer, must be preceded by submission and
approval of a traffic impact analysis as specified in Subsection (f) below. Failure to
provide for such approval prior to submission of a preliminary plat(or concurrently with
the preliminary plat application) shall be grounds for denial of the plat application.
F. Required Components of Traffic Impact Analysis. Whenever this Ordinance(or the City
Council, in unique instances which do not necessarily meet the above criteria but which
may significantly affect the public health, safety or welfare, such as a proposed
subdivision that will only be accessed via substandard roadways which may pose an
impediment to emergency response vehicles) require submission and City Council
approval of a traffic impact analysis, the following elements shall be included:
1. General Site Description. The traffic impact analysis shall include a detailed
description of the roadway network within one (1) mile of the site, a description of
the proposed land uses, the anticipated states of construction, and the anticipated
completion date of the proposed land development shall be provided. This
description, which may be in the form of a map, shall include the following items:
(1) all major intersections; (2) all proposed and existing ingress and egress locations;
(3) all existing roadway widths and rights-of-way; (4) all existing traffic signals and
traffic-control devices; and (5) all existing and proposed public transportation
services and facilities within a one (1) mile radius of the site.
2. Proposed Capital Improvements. The traffic impact analysis shall identify any
changes to the roadway network within one (1) mile of the site that are proposed by
any government agency or other developer. This description shall include the above
items as well as any proposed construction project that would alter the width or
alignment of roadways affected by the proposed development.
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3. Roadway Impact Analysis.
(a) Transportation Impacts:
(1) Trip Generation. The average weekday trip generation rates (trip ends), the
average weekend trip generation rates (for uses other than residential or
institutional), the highest average a.m. and p.m. hourly weekday trip
generation rates, and the highest hourly weekend generation rates (for uses
other than residential or institutional)for the proposed use shall be determined
based upon the trip generation rates contained in the most recent edition of
the Institute of Transportation Engineers,Trip Generation Manual; or shall be
based upon data generated by actual field surveys of area uses compatible to
the proposed use and approved by the City Engineer.
(2) Trip Distribution. The distribution of trips to arterial and collector roadways
within the study area identified in Subsection 3.1f.1 (General Site
Description) above shall be in conformity with accepted traffic engineering
principles, taking into consideration the land use categories of the proposed
development; the area from which the proposed development will attract
traffic; competing developments (if applicable); the size of the proposed
development; development phasing; surrounding existing and anticipated
land uses, population and employment; existing and projected daily traffic
volumes; and existing traffic conditions identified pursuant to Subsection
3.1f.1 above.
(b) Adequacy Determination. The roadway network included within the traffic
impact analysis shall be considered adequate to serve the proposed development
if existing roadways identified as arterials and collectors can accommodate the
existing service volume, and the service volume of the proposed development,
and the service volume of approved but unbuilt developments holding valid,
unexpired building permits at a level of service "C" or above.
4. Intersection Analysis.
(a) Level of Service Analysis. For intersections within the roadway traffic impact
analysis area described in Subsection 3.1 f.1 herein (General Site Description), a
level of service analysis shall be performed for all arterial to arterial, arterial to
collector, and collector to collector intersections, and for any other pertinent
intersections identified the City Engineer. Also, level of service analysis will be
required on all proposed site driveway locations for all nonresidential
developments. The City may waive analysis of minor intersections and site
driveway locations within the one-mile radius. The level of service analysis shall
be based upon the highest hourly average a.m. or p.m. peak weekday volume or
highest average hourly peak weekend
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volume as determined from a two-day survey of weekday volumes and, where
necessary, a one-day survey of weekend volumes. The level of service analysis
shall take into consideration the lane geometry, traffic volume, percentage of
right-hand turns, percentage of left-hand turns, percentage (and typical size) of
trucks, intersection width, number of lanes, signal timing and progression,
roadway grades, pedestrian and bicycle flows, school routes, number of
accidents, and peak hour factor.
(b) Adequacy Analysis. The intersections included within the traffic impact analysis
shall be considered adequate to serve the proposed development if existing
intersections can accommodate the existing service volume, the service volume
of the proposed development, and the service volume of approved but unbuilt
developments holding valid, unexpired building permits at level of service "C"
or above.
5. Effect of Adequacy Determination. If the adequacy determination for roadways and
intersections indicates that the proposed development would cause a reduction in the
level of service for any roadway or intersection within the study area identified in
Subsection 3.1f.1 herein that would cause the roadway to fall below the level of
service required hereto, the proposed development shall be denied unless the
developer agrees to one of the following conditions:
(a) The deferral of building permits until the improvements necessary to upgrade the
substandard facilities are constructed;
(b) A reduction in the density or intensity of development;
(c) The dedication or construction of facilities needed to achieve the level of service
required herein; or
(d) Any combination of techniques identified herein that would ensure that
development will not occur unless the levels of service for all roadways and
intersections within the traffic impact analysis study are adequate to
accommodate the impacts of such development.
G. Arrangement of Streets Not Shown on the Thoroughfare Plan. For streets that are not
shown on the City's Thoroughfare Plan, such as local residential streets,the arrangement
of such streets within a subdivision shall:
1. Provide for the continuation or appropriate projection of existing streets from or into
surrounding areas, including at least two (2)points of access;
2. Conform to a special area plan for the neighborhood approved or adopted by the City
Council to meet a particular situation where topographical or other conditions make
continuance or conformity to existing streets impractical;
3. Provide for additional future access, such as by stubbing streets for future extension,
to adjacent vacant areas which will likely develop under a similar zoning
classification or for a similar type of land use; and
4. Not conflict in any way with existing or logically anticipated driveway openings.
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H. Residential collector streets and minor residential streets shall be laid out such that their
use by through traffic will be discouraged, such as via circuitous routes or multiple turns
or offsets,but such that access is provided to adjacent subdivisions. Wherever the right-
of-way width of a collector or residential street must transition to a greater or lesser width,
such transition shall occur along the front, side or rear lot lines of adjacent lots and shall
not occur within the street intersection itself. In other words,the right-of-way width shall
be the same on both sides of the street intersection.
I. Where a subdivision abuts or contains an existing or proposed arterial street, the City
Council may require marginal access streets, reverse frontage (lots which back onto the
arterial), deep lots with rear service alleys, or such treatment as may be necessary for
adequate protection of residential properties and to afford separation of through and local
traffic.
J. Reserve strips controlling access to streets shall be prohibited except where their control
is required by the City and approved by the City Council.
K. Street right-of-way widths shall be as shown on the Thoroughfare Plan and as defined by
the corresponding roadway cross-sections in the Thoroughfare Plan and the City's
Design Manual and Standard Construction Details.
L. Construction of half streets shall be prohibited, except when essential to the reasonable
development of the subdivision in conforming with the other requirements of this
Ordinance and the Thoroughfare Plan,and where the City Council makes a determination
that there is no immediate benefit to be gained by constructing the full street section since
no access from the street will be needed by the subdivision in question. The City Council
may also find that it would be more practical, or cost effective, to delay construction of
the other half of a street until when the adjoining property is developed.
If the property owner is responsible for one-half (1/2) of the street, then the property
owner shall either construct the facility along with his or her development or shall provide
escrow for the construction cost of his or her share of the facility(including all applicable
street appurtenances such as median openings, left turn lanes into the development,
sidewalks, drainage structures, etc.)unless the City participates in the construction of the
facility. Whenever a partial street has been previously platted along a common property
line, the other portion of the street right-of-way shall be dedicated such that the right-of-
way is increased to the street's ultimate planned width. Improvements shall be made to
all on-site facilities as defined herein(see Definitions, Section 1.13).
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M. Except in unusual cases, no dead-end streets will be approved unless such dead-end
streets are provided to connect with future streets on adjacent land. In the case of dead-
end streets, which will eventually be extended into the adjacent subdivision, no more
than one lot (per side) can front onto the dead-end street stub unless a temporary
turnaround bulb (with an off-site easement) is provided at the end. A temporary dead-
end street shall not exceed the maximum allowed length of a normal cul-de-sac, and the
temporary turnaround bulb must be constructed like a cul-de-sac, as provided in
Subsection(p)above(the City Engineer may authorize the use of asphalt or other durable
paving material than concrete for the arc,or"wing",portions of the temporary turnaround
bulb in order to minimize the cost of removing those portions later on). A note shall be
placed on the final plat clearly labeling any dead-end streets (if any) that will at some
point be extended into the adjacent property, and signage shall be placed at the end of the
constructed street stub, such as on the barricade, also stating that the street will be
extended in the future. Signage and lettering must be large enough to be legible by a
person with normal vision at a twenty-foot distance. Any required temporary turnaround
easements shall be shown on the final plat along with their appropriate recording
information, if they are off-site or established by separate instrument.
N. New streets which extend existing streets shall bear the names of the existing streets, and
shall be dedicated at equal or greater right-of-way widths than the existing streets.
O. Construction of New Streets. All new streets dedicated within a subdivision shall be
constructed in accordance with paving widths and specifications as set forth in the Design
Manuals and Standard Construction Details of the City of Wylie at the time at which the
preliminary plat application is officially submitted and deemed a complete application.
Q. Points of Access. All subdivisions shall have at least two (2) points of access from
improved public roadways (also see Section 3.1c.4). Driveway access onto roadways
shall be provided and designed in accordance with the City's Design Manuals and
Construction Details standards that are in effect at the time the preliminary plat
application is officially submitted and deemed a complete application.
R. Streets will be constructed in accordance to the City's Design Manuals and Standard
Construction Details standards that are in effect at the time the preliminary plat
application is officially submitted and deemed a complete application.
Section 3.2: Alleys
3.2 A. No alleys shall be required within nonresidential districts. If provided or constructed by
the developer, nonresidential alleys shall conform to the adopted Design Manual and
Stand Construction Details.
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B. Alleys shall be required in all residential districts within the City of Wylie and its
extraterritorial jurisdiction, and shall be constructed in accord with the adopted Design
Manual. The City Council may waive this alley requirement or part thereof when
determined to be in the best interest of the City.
Section 3.3: Easements
3.3 A. The minimum width for City easements shall be fifteen(15)feet or as otherwise required
by the City Engineer. The minimum width for City drainage easements shall be as
required by the City Engineer. The width of easements for other utility providers, such
as for gas, electric, telephone or cable television, shall be as required by that particular
entity. It shall be the applicant's responsibility to determine appropriate easement widths
required by other utility companies(also see Section 3.8). Wherever possible, easements
shall be centered or along front or side lot lines rather than across the interior or rear of
lots,particularly where no alleys will be provided behind the lots.
B. Where a subdivision is traversed by a watercourse, drainage way or channel, there shall
be provided a storm water easement or drainage right-of-way conforming substantially
with such course and of such additional width as may be designated by the City Engineer,
subject to determination according to proper engineering considerations. The required
width shall conform to the requirements set forth by the Federal Emergency Management
Agency(FEMA), the U.S. Army Corps of Engineers, and/or the City. Parallel streets or
parkways may be required adjacent to certain portions of creek or drainage ways to
provide maintenance access and/or public access to recreation areas (see Section 4).
Other utilities may be permitted within the drainage easement only if approved by the
City Engineer and any other applicable entity requiring the drainage easement.
C. No fences or other structures shall be located within a drainage easement.
D. Where alleys are not provided in a residential subdivision, a minimum ten(10) feet wide
utility easement shall be provided along the front of all lots, adjacent to and flush with
the street right-of-way line for the potential placement of utility facilities.
E. For new development, all necessary on-site easements shall be established on the
subdivision plat and not by separate instrument, and they shall be labeled for the specific
purpose, and to the specific entity,for which they are being provided. Examples include,
but are not limited to,the following: a water, sanitary sewer or drainage easement,which
is dedicated to the City for a water or sanitary sewer line or for a drainage structure; an
access easement, which is dedicated to the public for unrestricted access purposes; a fire
lane easement, which is dedicated to the City and its fire suppression and emergency
medical service providers for access purposes; an electrical, gas or telephone easement,
which is dedicated to the specific utility provider that requires the easement; and so on.
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Section 3.4: Blocks
3.4 A. The length, width and shapes of blocks shall be determined with due regard to:
1. Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
2. Zoning requirements as to lot sizes, setbacks and dimensions.
3. Needs for convenient access, circulation, control and safety of street traffic and for
pedestrians or bicyclists traveling to a public park or school site within the
neighborhood.
B. Intersecting streets, which determine the lengths and widths of blocks, shall be provided
at such intervals as to serve cross-traffic adequately, to provide adequate fire protection,
and to conform to customary subdivision practices. Where no existing subdivision or
topographical constraints control, the block lengths shall not exceed one thousand two
hundred (1,200) feet in length. Where no existing subdivision or topographical
constraints control, the blocks shall not be less than three hundred (300) feet in length;
however,in cases where physical barriers or property ownership creates conditions where
it is appropriate that these standards be varied, the length may be increased or decreased
(through issuance of variances or waiver by the City Engineer with plat approval)to meet
the existing conditions having due regard for connecting streets, circulation of traffic and
public safety.
Section 3.5: Sidewalks
3.5 A. Pedestrian concrete walkways (sidewalks) not less than four(4) feet wide or as required
by the Zoning Ordinance shall be required within all residential subdivisions on both
sides of residential and collector streets. Sidewalks shall be installed prior to the issuance
of a Certificate of Occupancy for each abutting development as set forth in the City of
Wylie's Design Manuals and Standard Construction Details. Sidewalks shall be
constructed with the residential and nonresidential construction.
B. The cost and provision of any perimeter sidewalks, such as along major thoroughfares,
may be escrowed as a part of a developers agreement, if approved by the City. The City
has the right, but not the obligation, to refuse escrow and to require paving of the
sidewalks if, in its sole opinion, immediate provision of the sidewalks is necessary for
safe pedestrian circulation or if it would otherwise protect the public health, safety or
welfare.
C. As deemed appropriate by the City Engineer, sidewalks shall be constructed at time of
development of subdivision, or funds escrowed to City and will be reimbursed to
developer as sidewalks are constructed.
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Section 3.6: Lots
3.6 A. Lots shall conform to the minimum requirements of the established zoning district,
except as noted in Subsection (g.)below.
B. Each lot shall front onto a dedicated, improved public street unless platted as an approved
private street subdivision in accordance with this Ordinance (see Section 3.1 c.10.). Lot
width and access shall conform with the provisions of the City of Wylie's Zoning
Ordinance, Comprehensive Plan, and any other applicable City code or ordinance. Lot
access onto highway, arterial and collector streets is subject to approval by the City
Council, which may require a traffic study or other information prior to approval of the
preliminary plat in order to fully study all access issues. In all cases, lots shall have a
minimum of thirty(30) feet of frontage along a dedicated, improved street.
C. Irregular-shaped lots shall have sufficient width at the building line to meet lot width and
frontage requirements of the appropriate zoning district, and shall provide a reasonable
building pad without encroachment into front, side or rear yard setbacks or into any type
of easement. Also, the rear width shall be sufficient to provide access for all necessary
utilities, including access for driveways and solid waste collection when alleys are
present. In general, triangular, severely elongated or tapered, "flag" or"panhandle" lots
shall be avoided, and the City reserves the right to disapprove any lot which, in its sole
opinion, will not be suitable or desirable for the purpose intended.
D. Side lot lines shall be at ninety-degree angles or radial to street right-of-way lines to the
greatest extent possible. The City reserves the right to disapprove any lot which, in its
sole opinion,is shaped or oriented in such a fashion as to be unsuitable or undesirable for
the purpose intended, or which is not attractively or appropriately oriented toward its
street frontage.
E. Double frontage lots shall be avoided, except where they may be essential to provide
separation of residential development from traffic arterials, as defined in Section 3.1, or
to overcome a specific disadvantage or hardship imposed by topography or other factors.
Where lots have double frontage, building setback lines shall be established for each
street side, and rear yard screening shall be provided in accordance with Section 5.7.
Residential lots shall not back onto any residential street or collector street within a
residential area or neighborhood.
F. No unsite septic tanks shall be used without specific approval by City Council.
Section 3.7: Building Lines
3.7 A. Front and street side building lines shall be shown on a concept plan and on any type of
plat for all lots, and shall be consistent with the Zoning Ordinance requirements for the
district in which the development is located, if subject to the City's zoning regulations
and with any other applicable City ordinance. For property that is not subject to the
City's zoning regulations, such as property that lies within the City's extraterritorial
jurisdiction, the minimum front building line shall be as follows:
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1. Any property or lot, whether residential or nonresidential, which fronts onto State
Highway 78, F.M. 544, or F.M. 1378: The front building setback shall be fifty (50)
feet along those roadways.
2. Any nonresidential or multiple-family property or lot which fronts onto any other
existing or future roadway: The front building setback shall be twenty-five (25) feet.
3. Any single-family residential parcel or lot which fronts onto any other existing or
future roadway: The front building setback shall be fifty(50) feet.
Section 3.8: Utility Services (not provided by the City of Wylie)
3.8 A. For purposes of this Section, the following meanings shall apply:
1. "Utility services"-The facilities of any person,firm or corporation providing electric,
natural gas, telephone, cable television, or any other such item or service for public
use approved but not provided by the City of Wylie.
2. "Feeder or feeder/lateral line" - High voltage supply electric lines volts that emanate
from substations used to distribute power through an area to an unspecified number
of customers.
3. "Lateral lines" - Those electric or telephone lines used to distribute power from a
feeder line to a single subdivision. These electric lines are normally connected to a
feeder line through a sectionalizing device such as a fuse.
4. "Service lines" - Those electric lines used to connect between the utilities' supply
system or lateral lines and the end user's meter box.
B. All subdivision plats and engineering plans submitted to the City of Wylie for approval
shall provide for utility services such as electrical, gas, telephone and cable television
utility lines, including lateral or service distribution lines, and wires to be placed
underground. Feeder and other major transmission lines may remain overhead within
the appropriate easements. However, an applicant shall endeavor and, whenever
practical, the City shall require that feeder lines are placed away from major or minor
thoroughfares or arterials, as shown on the Thoroughfare Plan. Whenever practical,
feeder lines which are to be placed overhead shall not be placed along both sides of the
street right-of-way. Verification of acceptance of easement locations and widths by the
utilities shall be provided to the City,by the applicant,prior to final plat approval by the
City Council, and all easements shall be reviewed by the utility companies and by the
City Engineer (for those to the City) prior to granting final approval for any residential
subdivision affected by this Section. The applicant shall also,prior to final plat approval,
provide a Letter of Commitment from each utility provider, such as those providing
electricity, gas, telephone and cable television, who will serve the development that said
utility providers will ensure the provision of necessary infrastructure and service to all
portions of the proposed development prior to acceptance by the City. Failure to submit
such Letters of
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Commitment from utility providers shall constitute grounds for denial of the final plat
application on the basis that there is no written assurance that the development can be
served by essential utility services.
C. Each of the utility companies shall be responsible for developing administrative policies,
criteria for easement size, and cost reimbursement procedures for the installation and
extension of their underground utilities. Nothing herein shall prohibit or restrict any
utility company from recovering the difference in cost of overhead facilities and
underground utilities from the property owner in accordance with the provisions of such
utility's approved tariff. No utility company shall be required or permitted to begin
construction of underground facilities unless and until the property owner or developer
of the subdivision has made arrangements satisfactory to the specific utility company for
the payment of such difference between the cost of overhead facilities and underground
facilities, as approved by the City Engineer.
D. All electrical and telephone support equipment, including transformers, amplifiers and
switching devices necessary for underground installations, shall be pad- or ground-
mounted, or shall be mounted underground and not overhead, unless the subdivision is
served from perimeter overhead electrical facilities. Pad- or ground-mounted utility
equipment shall be completely screened from view of any public roadway, and shall not
be located within any required visibility area, such as at street intersections or corners or
at driveway openings or within City right-of-way.
E. Temporary construction service may be provided by overhead electric lines and facilities
without obtaining a variance or waiver or special exception, provided that when the
underground utility service to any portion of a subdivision is completed, such overhead
electric lines and facilities are promptly removed.
F. Nothing in this Section shall be construed to require any existing facilities in place prior
to the effective date of this Ordinance to be placed underground.
G. The metering for utilities such as water, gas and electricity shall be located on the
individual lots to be served, not grouped together in a centralized location(s), such as
"gang-box" style metering stations, which shall not be permitted.
H. The locations, widths and configurations of easements for any utility service provider
other than the City of Wylie shall be determined, approved and acquired (if necessary)
by the applicable utility service provider.
I. Utilities along residential and collector streets shall be located in alley or separate
easements adjacent to the street rights-of-way.
J. Street crossings when caring/conduit/box — installed with street to avoid disruption or
boring.
K. All utilities installed before City accepts subdivision.
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Section 3.9: Water and Wastewater Facility Design
3.9 A. All new subdivisions shall be connected with an approved water system, and shall be
capable of providing water for health and emergency purposes,including fire protection.
The design and construction of water system improvements shall comply with the
following standards:
1. Design and construction of a water source on the site shall be in accordance with
applicable regulations of the Texas Commission on Environmental Quality(TCEQ).
2. Design and construction of water service from the City shall be in accordance with
the standards in the City's Design Manuals and Standard Construction Details
Manual, and in accordance with TCEQ standards, whichever is the most stringent
requirement.
3. Design and construction of a fire protection system shall be in accordance with the
standards in the Design Manuals and Standard Construction Details Manual, and in
accordance with the fire department serving the site (i.e., the City or the County, as
applicable).
B. All new subdivisions shall be required to connect to the City's wastewater system unless
served by other means approved by the City Council. The design and construction of
the wastewater system improvements shall comply with the following standards:
1. Design and construction of on-site waste disposal systems shall comply with
applicable regulations of the TCEQ, applicable regulations of Appropriate County of
Record, and with the provisions of the City of Wylie's Code of Ordinances,
whichever is the most stringent requirement.
2. Design and construction of wastewater collection and treatment service from the City
shall be in accordance with the standards in the City's Design Manuals and Standard
Construction Details Manual, and in accordance with TCEQ standards, whichever is
the most stringent requirement.
C. The subdivider shall be responsible for:
1. Phasing of development or improvements in order to maintain adequate water and
wastewater services;
2. Extensions of utility lines to connect to existing utility services;
3. Providing or procuring all necessary easements for the utilities (whether on-site or
off-site);
4. Providing proof to the City of adequate water and wastewater service;
5. Providing provisions for future expansion of the utilities if such will be needed to
serve future developments or lines larger than twelve(12) inches;
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6. Providing all operations and maintenance of the utilities, or providing proof that a
separate entity will be responsible for the operations and maintenance of the utilities;
7. Providing all fiscal security required for the construction of the utilities;
8. Obtaining approvals from the applicable utility providers if other than the City; and
9. Complying with all requirements of the utility providers, including the City.
D. Extension of water and wastewater lines shall be made along the entire frontage of the
subdivision adjacent to a street or thoroughfare. If the subdivision is not adjacent to a
thoroughfare,the extension of utilities shall be accomplished in such a manner as to allow
future connections to said utilities by new subdivisions. If new subdivisions will never
be constructed beyond a developing subdivision due to physical constraints, the City
Council may waive the requirement for adjacent utility line construction at the time of
preliminary plat approval and prior to construction of the subdivision.
E. Installation, operations and maintenance of utilities not specifically referenced herein
shall comply with regulations of the TCEQ and with any other applicable State rules and
regulations, whichever is the most stringent requirement.
Section 3.10: Storm Water Collection and Conveyance Systems
3.10 A. System Design Requirements. Drainage improvements shall accommodate runoff from
the upstream drainage area in its anticipated maximum "build-out" condition, and shall
be designed to prevent overloading the capacity of the downstream drainage system. The
City may require the phasing of development, the use of control methods such as
retention or detention, or the construction of off-site drainage improvements in order to
mitigate the impact of the proposed development. No stoi in water collection system shall
be constructed unless it is designed in accordance with the City's Design Manuals by a
licensed professional engineer, and unless it is reviewed and approved by the City
Engineer. All plans submitted to the City Engineer for approval shall include a layout of
the drainage system together with supporting calculations for the design of the system.
B. All erosion and sedimentation controls shall conform to the Design Manuals, Stormwater
Management Plan, City Ordinance, or EPA requirements, whichever is most stringent.
For erosion and sedimentation control, the City uses the latest edition of"Storm Water
Quality Best Management Practices for Construction Activities in North Central Texas"
(by the NCTCOG), a copy of which is on file at the City.
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C. No person, individual,partnership, firm or corporation shall deepen,widen, fill,reclaim,
reroute or change the course or location of any existing ditch, channel, stream or drainage
way without first obtaining written permission of the City Engineer and any other
applicable agency (such as FEMA or the U.S. Army Corps of Engineers) having
jurisdiction. The City Engineer may, at his or her discretion, require preparation and
submission of a flood study for a proposed development if there are concerns regarding
storm drainage on the subject property or upstream or downstream from the subject
property. The costs of such study, if required, shall be borne by the developer.
D. In order to help reduce storm water runoff, and resulting erosion, sedimentation and
conveyance of nonpoint source pollutants, the layout of the street network, lots and
building sites shall, to the greatest extent possible, be sited and aligned along natural
contour lines,and shall minimize the amount of cut and fill on slopes in order to minimize
the amount of land area that is disturbed during construction. Development shall attempt
to balance out and fill required for the development.
E. No cross-street flow (i.e., perpendicular to traffic flow) of storm water runoff shall be
permitted unless approved by the City Engineer. When and if such drainage flow is
allowed, it must be across a concrete street (i.e., valley gutter) and as approved by the
City Engineer.
F. All storm water retention or detention facilities which are not located underground shall
be designed using materials and techniques as established in the City's Design Manuals
and Standard Construction Details or as may be required by the City Engineer and shall
be maintained by a Homeowner's Association.
G. Developer shall install on each storm inlet a permanent title,plaque or impression stating
that this inlet discharges into a river, creek, etc. in order to discourage dumping of debris
and toxics. (City shall adopt a design/logo for this.)
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IV. PUBLIC SITES AND OPEN SPACES
Section 4.1: Areas for Public Use
4.1 A. The applicant shall give consideration to suitable and adequate sites for schools, parks,
playgrounds, and other areas for public use or service so as to conform with the
recommendations contained in the City's Comprehensive Plan; Park, Recreation and
Open Space Master Plan; and other applicable plans. Any provision for schools, parks
or other public facilities shall be indicated on the preliminary and final plat, and shall be
subject to approval by City Council.
Section 4.2: Protection of Drainage and Creek Areas
4.2 A. All creeks and drainage areas shall be preserved and protected in their natural condition
wherever possible, unless significant storm drainage improvements are required by the
City in these areas. All development adjacent to creeks and drainage areas shall be in
accordance with the City's Design Manuals and Standard Construction Details, with
applicable policies in the Comprehensive Plan, and with any other City policies or
ordinances related to aesthetics or public enjoyment of creeks and waterways.
B. Definitions and Methodology for Deteliilining the Floodway Management Area(FMA).
The definitions for "floodway" and "floodway fringe" shall correspond to those set forth
by the Federal Emergency Management Agency(FEMA). For purposes of the National
Flood Insurance Program, the concept of a floodway is used as a tool to assist the local
community in the aspect of flood plain management. Under this concept,the area of the
100-year flood is divided into a floodway and floodway fringe. The floodway is the
channel of a stream plus any adjacent flood plain areas that must be kept free of encroach-
ment in order that the 100-year flood may be carried without substantial increases in
flood heights as defined by FEMA. The area between the floodway and boundary of the
100-year flood is termed the floodway fringe. The floodway fringe is the area which can
be used for development by means of fill according to FEMA and City engineering
criteria.
For the purposes of this Ordinance, the Floodway Management Area (FMA) will
correspond to the floodway fringe, as defined by FEMA (or as may be modified per a
flood study approved by FEMA).
City of Wylie, Texas Subdivision Ordinance72
Adopted 2-25-03,Amended 7-24-07
C. Areas Where an FMA is Required. All drainage areas or regulated floodways fringe as
referenced on the applicable flood boundary map (Flood Insurance Rate Map, or FIRM)
shall be included in the FMA. If FEMA does not specify a floodway fringe zone in any
of the creeks or their tributaries, it shall be the developer's responsibility to establish and
identify the FMA. The determination shall be made by a licensed professional engineer
and approved by the City Engineer. Where improvements to a drainage area are required
by other ordinances of the City for the purpose of safety or other reasons related to
drainage, those ordinances shall also be observed. The FMA is intended to apply to a
creek or channel which is to remain open or in its natural condition. The creek shall
remain in its natural state unless improvements are permitted or required by the City due
to the pending development of properties adjacent to or upstream of the required
improvements.
D. Ownership and Maintenance of the FMA. The area determined to be the FMA shall be
designated on the preliminary plat. Approximate locations shall be shown on zoning
change requests and concept plans -- accurate locations of the FMA shall be established
on the preliminary plat and prior to site construction. At the City's option,the FMA shall
be protected by one of the following methods:
1. Dedicated to the City of Wylie for flood management purposes (flood areas shall not
be dedicated for parks or recreation purposes); or
2. Easement(s). Creeks or drainageways on tracts which have private maintenance
provisions, other than single- or two-family platted lots, can be designated as the
FMAs by an easement to the City on the preliminary plat (with the appropriate plat
language, as required by the City). Subdivisions with platted single-family or two-
family lots may designate the FMA by easement provided there is adequate
maintenance provisions (such as by a mandatory homeowners association), but no
lots or portions of lots may be platted in the easement unless specifically allowed by
the City. The area designated as FMA may be identified by a tract number; or
3. Certain recreational uses normally associated with or adjacent to flood prone areas
(no structures allowed in the FMA), such as golf courses or certain types of parks.
The uses allowed shall be in conformance with the Zoning Ordinance and approved
by the Planning and Zoning Commission and City Council. Use of the FMA as public
parkland shall also require approval by the City's Park Board.
Prior to acceptance of any drainage way as an FMA by the City, the area shall be
cleared of all debris and placed in a maintainable state. Floodway management areas
dedicated to the City shall be left in a natural state except those areas designated for
recreational purposes and unless storm drainage requirements do not permit this to
occur.
City of Wylie, Texas Subdivision Ordinance73
Adopted 2-25-03,Amended 7-24-07
E. Design Criteria. The following design criteria shall be required for development adjacent
to the FMA:
1. Adequate access shall be provided to and along the FMA for public and/or private
maintenance. An unobstructed area a minimum of twenty feet (20') wide with a
maximum 5:1 slope (five feet horizontal to one foot vertical), the length of the
floodway shall be provided adjacent to or within the FMA. On the opposite side of
the drainage area, an unobstructed area having a minimum width of five feet(5')shall
be provided.
2. Lots in a single-family, PD single-family, or duplex residential zoning district shall
not be platted within the FMA, and no more than fifty percent (50%) of the linear
length of the FMA(on each side) shall be allowed to have lots backing or siding onto
it. If lots back or side onto an FMA, at least two (2) reasonable points of access to
the FMA, each a minimum of twenty feet (20') in width, shall be provided. Streets,
alleys and open-ended cul-de-sacs may qualify as access points if designed such that
they are navigable by maintenance vehicles (e.g., alleys must be twenty-foot width).
All areas of the FMA shall be accessible from the access points and shall be visible
from access points. Lots used for multi-family dwellings may be platted in the FMA
if the FMA is identified as an easement and is maintained as open space for use by
the residents, and provided that access to the FMA is possible by City maintenance
vehicles, should that need arise. If the FMA is to be public parkland, then adequate
public access shall also be provided to it.
3. Public streets may be approved in the FMA by the Planning and Zoning Commission
and City Council (if they conform to applicable engineering standards).
4. Public streets may be required to be constructed adjacent to some (or all)portions of
the FMA to allow access for maintenance or recreational opportunities, and/or to
allow increased visibility into creek areas for public safety and security purposes.
5. Alternate designs to facilitate equal or better access may be permitted if approved by
the Planning and Zoning Commission and City Council.
F. Drainage areas which have been altered and are not in a natural condition can be
exempted from an FMA and this Section at the discretion of the City Council and upon
recommendation by the Planning and Zoning Commission.
City of Wylie, Texas Subdivision Ordinance74
Adopted 2-25-03,Amended 7-24-07
Section 4.3: Property Owners or Homeowners Associations
4.3 A. Applicability. When a subdivision contains either common open space or other
improvements which are not intended to be dedicated to the City of Wylie for public use,
such as private streets, a private recreation facility, landscaped entry features or other
private amenities, a property owners or homeowners association agreement consistent
with State and other appropriate laws, must be submitted to and approved by the City
Planner, and made a part of the final plat documents. The Conditions, Covenants and
Restrictions (CCRs) and the association documents, such as the articles of incorporation
and association by-laws, shall be submitted to the City for review and approval along
with the preliminary plat application, and shall be filed of record at the appropriate
County prior to final plat acceptable in order to ensure that there is an entity in place for
long-term maintenance of these improvements (also see Section 3.1c.10. (e)). Said
documents must, at a minimum, include provisions which allow the City to take over the
maintenance of common property, including but not limited to private streets and private
recreation facilities, using association funds, if such action becomes necessary due to
nonperformance or inaction by the association or if the association goes defunct.
Provisions shall also be included which would, in the latter instance, convey ownership
of the private streets (if any) and all other common areas to the City, and which would
allow the City to remove any improvements or amenities from the common areas and sell
any buildable land area, as residential lots,to recoup the City's expenses for maintenance
or demolition of the improvements. Any monies that remain after the City has recovered
all of its expenses shall be retained for future maintenance or upgrading of the streets,
common areas (if any remain), screening walls, or other improvements within the
subdivision. These provisions are not intended to allow the City to profit in any way
from taking over the association's responsibilities or funds; they are only intended to
allow the City to recoup its actual incurred expenses such that the general public, the
taxpayers of the City, does not have to bear these costs.
B. Membership. A property owners or homeowners association shall be an incorporated
non-profit organization operating under recorded land agreements through which:
1. Each lot owner within the described land area is automatically a mandatory member;
and
2. Each lot is automatically subject to a charge for a proportionate share of the expenses
for the property owners or homeowners association's activities, such as maintenance
of common open spaces or private streets, or the provision and upkeep of common
recreational facilities.
C. The homeowners association shall provide and maintain an address and telephone contact
with the City Secretary's office of the City of Wylie.
City of Wylie, Texas Subdivision Ordinance75
Adopted 2-25-03,Amended 7-24-07
D. Legal Requirements. In order to assure the establishment of a proper property owners or
homeowners association, including its financing, and the rights and responsibilities of
the property or home owners in relation to the use, management and ownership of
common property, the subdivision plat, dedication documents, covenants, and other
recorded legal agreements must:
1. Legally create an automatic membership,non-profit property owners or homeowners
association;
2. Place title to the common property in the property owners or homeowners
association, or give definite assurance that it automatically will be so placed within a
reasonable, definite time;
3. Appropriately limit the uses of the common property;
4. Give each lot owner the right to the use and enjoyment of the common property;
5. Place responsibility for operation and maintenance of the common property in the
property owners or homeowners association;
6. Place an association charge on each lot in a manner which will both assure sufficient
association funds and which will provide adequate safeguards for the lot owners
against undesirable high charges;
7. Give each lot owner voting rights in the association; and
8. Must identify land area within the association's jurisdiction including but not limited
to the following:
(a) Property to be transferred to public agencies;
(b) The individual residential lots;
(c) The common properties to be transferred by the developer to the property owners
or homeowners association; and
(d) Other parcels.
9. Any governmental authority or agency, including,but not limited to,the City and the
County, their agents, and employees, shall have the right of immediate access to the
common elements at all times if necessary for the preservation of public health,safety
and welfare. Should the property owners or homeowners association fail to maintain
the common elements to City specifications for an unreasonable time, not to exceed
ninety(90)days after written request to do so,then the City shall have the same right,
power and authority to enforce the association's rules and to levy assessments
necessary to maintain the common elements. The City may elect to exercise the
rights and powers of the property owners or homeowners association or its Board, or
to take any action required and levy any assessment that the property owners or
homeowners association might have taken, either in the name of the property owners
or homeowners association or otherwise, to cover the cost of maintenance (or the
possible demolition, if such becomes necessary to preserve public safety or to ease
maintenance burden) of any common elements.
City of Wylie, Texas Subdivision Ordinance76
Adopted 2-25-03,Amended 7-24-07
E. Protective Covenants. Protective covenants shall be developed which, among other
things, shall make the property owners or homeowners association responsible for:
1. The maintenance and operation of all common property;
2. The enforcement of all other covenants;
3. The administration of architectural controls (optional); and
4. Certain specified exterior maintenance of exterior improvements of individual
properties (optional).
The City is not responsible for enforcing protective covenants or deed restrictions.
F. The association may not be dissolved without the prior written consent of the City
Council.
G. No portion of the association documents pertaining to the maintenance of private streets
and alleys, and assessments therefore, may be amended without the written consent of
the City Council.
Section 4.4: Park Land &Public Facility Dedication
4.4 A. Areas for Public Use.
The applicant shall give consideration to suitable sites for parks, playgrounds and other
areas for public use so as to conform with the recommendations of the Comprehensive
Plan and Parks, Recreation and Open Space Master Plan. Any provision for parks and
public open space areas shall be indicated on the preliminary and final plat, and shall be
in accordance with the most recently approved Park Board Dedication Ordinance, and
subject to approval by the City's Park Board and by City Council.
B. Park Land Dedication.
1. Any person, film, or corporation offering a preliminary or final plat for development
of any area zoned and to be used for single-family, duplex, or townhouse residential
purposes within the City shall include on such preliminary and final plat the
dedication (to the City of Wylie) of land for public park purposes, calculated at the
rate of not less than five (5) acres of park land per one hundred (100) ultimate units
of such residential subdivision as required by the Park Land Dedication Ordinance.
The location and size of public parks within the City shall be as approved by the Park
Board of the City of Wylie. That determination shall be based upon existing
circumstances at the time, and shall be in accordance with the Park Recreation and
Open Space Master Plan adopted by the City.
2. In instances where park land is unacceptable, unavailable or unsuitable for park
purposes,money in lieu of land shall be paid into a"park dedication fund"maintained
by the City of Wylie. Such money shall be in the amount required by density sliding
scale, and according to the fee schedule of the most recently approved Park Land
Dedication Ordinance.
City of Wylie, Texas Subdivision Ordinance77
Adopted 2-25-03,Amended 7-24-07
3. The park dedication fund will be administered by the City to best benefit the
development, provided that the funds shall be expended within the park district in
which the park site is located. All sums deposited to the fund shall be accounted for
by the City of Wylie and expended for such purposes as land acquisition,construction
of improvements, and purchase of equipment.
4. The dedicated land required hereby shall be suitable and dedicated for park and
recreational purposes only. Such land shall be free of flood plain and major utility
easements, and shall be suitable for appropriate recreational and leisure activities.
All parkland offered for dedication under this Section shall meet the requirements for
location and for physical land characteristics outlined in the Parks, Recreation and
Open Space Plan and Park Land Dedication Ordinance. Lands occupied by major
utility easements and transmission lines shall not be accepted. Areas having
environmentally sensitive ecosystems, attractive views, topographical interest or
unique natural features shall be preferred and encouraged for parkland dedication.
C. Public Park Access.
Park land shall be easily accessible for the public and open to public view so as to benefit
area residents. A proposed subdivision adjacent to a public park or open space area shall
not be designed to restrict reasonable access or visibility into the park for example, shall
not have lots backing to the park land. Street connections between residential
neighborhoods shall be provided,wherever possible,to provide reasonable access to parks
and open space areas. Proposed access and public availability, both physical and visual,
of parkland shall be reviewed and approved by the City's Park Board and by City Council.
City of Wylie, Texas Subdivision Ordinance78
Adopted 2-25-03,Amended 7-24-07
V. IMPROVEMENTS REQUIRED PRIOR TO ACCEPTANCE OF
THE SUBDIVISION BY THE CITY
Section 5.1: Improvements, In General
5.1 A. The requirements of the Subdivision Ordinance as set forth below are designed and
intended to ensure that, for all subdivisions of land within the scope of the Subdivision
Ordinance, all improvements as required herein are installed properly and:
1. The City can provide for the orderly and economical extension of public facilities
and services;
2. All purchasers of property within the subdivision shall have a usable,buildable parcel
of land; and
3. All required improvements are constructed in accordance with City standards.
B. Adequate Public Facilities Policy. The land to be divided or developed must be served
adequately by essential pubic facilities and services. No subdivision shall be approved
unless and until adequate public facilities exist or provision has been made for water
facilities, wastewater facilities, drainage facilities, electricity and street facilities which
are necessary to serve the development proposed, whether or not such facilities are to be
located within the property being platted or off-site. This policy may be defined further
and supplemented by other ordinances adopted by the City. Wherever the subject
property abuts adjoining undeveloped land, or wherever required by the City to serve the
public good, utilities shall be extended to adjacent property lines to allow connection of
these utilities by adjacent property owners when such adjacent property is platted and/or
developed.
C. Public improvements that are required by the City of Wylie for the acceptance of the
subdivision by the City shall include,but are not limited to, the following:
1. Water and wastewater facilities;
2. Stoiiii water drainage, collection and conveyance facilities;
3. Water quality, erosion and sedimentation controls;
4. Streets;
5. Street lights;
6. Street signs;
7. Alleys;
8. Sidewalks;
9. Screening and/or retaining walls;
10. Traffic control devices required as part of the project;
11. Gas, Electric, Cable, Phone utilities installed; and
12. Appurtenances to the above, and any other public facilities required as part of the
proposed subdivision.
13. All applicable fees, including but not limited to water and sewer impact fees,
escrow funds for infrastructure, security and maintenance bonds.
City of Wylie, Texas Subdivision Ordinance79
Adopted 2-25-03,Amended 7-24-07
D. All aspects of the design and implementation of public improvements shall comply with
the City's current design standards and any other applicable City codes and ordinances,
including preparation and submittal of engineering plans and construction inspection.
The construction of all of the improvements required in this Ordinance shall conform to
the latest edition of the City's Design Manuals and Standard Construction Details,as may
be amended, and to any other applicable City standards.
E. Changes or Amendments to the Design Manuals and Standard Construction Details and
Other Construction or Design Documents. The Design Manuals and Standard
Construction Details will, from time to time, require revisions and updates to allow for
changing construction technology. When changes are required, the Design Manuals and
Standard Construction Details may be amended by separate ordinance. It is the
applicant's responsibility to be aware of, and to conform with, All Design Manuals and
Standard Construction Details requirements (including amendments)that are in place as
of the time a complete development application for a preliminary plat(including required
engineering/construction plans) is received by the City.
Section 5.2: Monuments
5.2 A. In all subdivisions and additions, monuments shall be established at the corner of each
block in the subdivision consisting of an iron rod or pipe not less than five-eighths (5/8)
inch in diameter and twenty-four inches (24") deep, and set six inches (6") below the
ground. Lot corner monuments shall be placed at all lot corners except corners which
are also block corners, consisting of iron rods or pipes of a diameter of not less than one-
half(1/2)inch and eighteen(18)inches deep, and set flush with the top of the ground. In
addition, curve point markers shall be established of the six(6)inches below. Each block
corner monument shall include a cap with the surveyor's name and registration number
attached to it. All block corners shall be installed prior to the final inspection of the
subdivision by the City. Lot corners shall be installed prior to issuance of a building
permit.
B. Concrete monumentation and ties to state Plane Coordinates shall be installed.
Section 5.3: Street Lights
5.3 All street lighting shall be installed in conformance with the City's Zoning Ordinance.
Mercury vapor luminaries shall not be accepted. All fixtures shall be hooded in a way
that directs all lighting downward.
City of Wylie, Texas Subdivision Ordinance80
Adopted 2-25-03,Amended 7-24-07
Section 5.4: Street Names and Signs
5.4 A. Street names must be submitted to the City, for review and approval. Proposed street
names shall be submitted for review as a part of the preliminary plat application, and
shall become fixed at the time of approval of the preliminary plat. On the final plat, street
names shall not be changed from those that were approved on the preliminary plat unless
special circumstances have caused the major realignment of streets or a proposed street
name(s) is discovered to have already been used elsewhere in the City (or some other
similar eventuality). If additional street names are needed for the final plat, then they
must be submitted for review and approval by the City, the U.S. Postal Service, and
applicable emergency service providers (including 911) along with the final plat
application. A fee may be established by the City for the changing of street names after
approval of the preliminary plat.
B. Surnames of people or the names of corporations or businesses shall not be used as street
names, unless approved by the City Council. The City will maintain a list of existing
street names(and"reserved" street names that have been approved on a preliminary plat),
and will update the list as new streets are platted.
C. New street names shall not duplicate existing street names either literally or in a subtle
manner (for example, Smith Street vs. Smythe Street; Oak Drive vs. Oak Place vs. Oak
Court vs. Oak Circle; Cascade Drive vs. Cascading Drive); shall not be so similar as to
cause confusion between names (for example, Lakeside Drive vs. Lake Side Drive vs.
Lake Siding Drive); and shall not sound like existing street names when spoken (for
example, Oak Drive vs. Doak Drive vs. Cloak Drive; Lantern Way vs. Land Tern Way).
Suffixes shall be in agreement when a street is extended(for example Oak Street cannot
extend Oak Drive).
D. New streets which extend existing streets shall bear the names of the existing streets.
Streets crossing thoroughfares or other roadways shall bear the same name on both sides
of the thoroughfare,wherever practical. A cul-de-sac or loop that is named after another
thorough street(such as Oak Court or Oak Circle or Oak Trail) must actually connect to
the main street(Oak) from which the name is derived.
E. The property owner shall install all street name signs for the development. Each street
name sign installation shall include sign assembly,pole and installation. Installation shall
be complete prior to approval of the engineering plans by the City Engineer.
F. Street name signs as specified by City shall be installed in accordance with the City's
guidelines before issuance of a building permit for any structure on the streets approved
within the subdivision.
City of Wylie, Texas Subdivision Ordinance81
Adopted 2-25-03,Amended 7-24-07
Section 5.5: Retaining Wall Requirements
Construction Regulations, and Design Criteria
5.5 A. Retaining Wall Requirements. In general,the use of retaining walls shall be minimized,
wherever possible, through minimal and balanced cut and fill on property. When
property within or directly adjacent to a subdivision contains changes in elevation
exceeding two and one-half(2.5) feet and the slope exceeds one unit vertical in two units
horizontal, a retaining wall shall be required at the locations specified herein prior to the
acceptance of the subdivision:
1. Location A. The grade change roughly follows a side or rear lot line.
2. Location B. The grade change is adjacent to a proposed building site boundary.
3. Location C. The grade change is adjacent to a water course or drainage easement.
B. Retaining Wall Design and Construction. All retaining wall design and construction shall
be in compliance with the provisions of the Building Code and the Design Manuals and
Standard Construction Details of the City of Wylie,and shall be approved by the Building
Official.
C. Retaining Wall Maintenance. Retaining walls shall be maintained by the owner of the
property where such retaining wall is located.
D. Retaining walls shall not be constructed parallel to and within any portion of a utility
easement.
Section 5.6: Screening and Landscaping
Construction Regulations, Requirements and Design Criteria
5.6 A. Screening.
1. Where subdivisions are platted so that the rear or side yards of single-family or two-
family residential lots are adjacent to an arterial thoroughfare(greater than sixty(60)
feet in right-of-way width on the Thoroughfare Plan); a four(4) lane collector street;
are separated from a thoroughfare by an alley; or back up to a collector or residential
street (which is not allowed unless specifically approved by City Council), the
developer shall provide, at his or her sole expense, screening according to the
following alternatives and standards. All screening including columns and
decorative features, shall be adjacent to the right-of-way and fully located on the
private lot(s), within a separate lot or within a landscape easement assigned to the
Homeowners Association across several lots. All foi ins of screening shall conform
to the requirements of City ordinances and policies that govern sight distance for
traffic safety.
2. Screening Alternatives. Screening shall be provided in accordance with, and shall be
constructed to, standards and criteria as set forth in the City's Design Manuals and
Standard Construction Details and other related City code(s) and policy(s).
City of Wylie, Texas Subdivision Ordinance82
Adopted 2-25-03,Amended 7-24-07
3. A maintenance easement at least five (5) feet in width shall be dedicated to the
Homeowners Association on the private lot side and adjacent to the screening wall
or device.
4. The screening wall shall be installed prior to approval of the final plat and prior to
final acceptance of the subdivision. Landscape materials may be installed before
the subdivision is accepted, upon approval of the City Engineer.
5. All plants, such as trees, shrubs and ground covers, shall be maintained by the
Homeowners Association living and in sound, healthy, vigorous and growing
condition. All plant beds shall be irrigated, with meters charged to the
Homeowners Association.
6. All masonry and steel screening wall plans and details must be designed and sealed
by a licensed professional engineer, and must be approved by the Building
Official.
7. Required height of screening devices, including spans between columns, shall be
a minimum of six(6) feet and shall be no more than eight(8) feet tall. Decorative
columns,pilasters, stone caps, sculptural elements, and other features may exceed
the maximum eight(8)foot height by up to two(2)feet for a total maximum height
of ten (10) feet for these features, provided that such taller elements comprise no
more than ten(10)percent of the total wall length in elevation view. Features that
are taller than ten (10) feet in height shall require City Council approval.
8. Screening walls and devices shall not be constructed within any portion of a utility
easement unless specifically authorized by the City and other applicable utility
provider.
B. Entryway Features (neighborhood identification).
1. Subdivisions may provide a landscaped entryway feature at access points from
streets and thoroughfares into the subdivision. The entryway feature shall be
placed on private property and within an easement identified for such use (point
systems requires entry features),and shall observe all sight visibility requirements.
All feature or landscaping shall be located on private property so that long-term
maintenance responsibility will be borne by the property owner or an approved
homeowners association (see Section 4.3). Entryway features that are located
within City right-of-way shall only be allowed with City Council approval. Prior
to City Council approval, the applicant will execute an agreement with the City
that relieves the City of maintenance responsibility and that indemnifies and holds
the City harmless for damage or injury incurred by or in conjunction with such
features in the right-of-way.
City of Wylie, Texas Subdivision Ordinance83
Adopted 2-25-03,Amended 7-24-07
2. Design Requirements. The entryway feature shall include low maintenance,living
landscaped materials as approved by the City Planner. The design of the entryway
feature shall also include an automatic underground irrigation system, and may
also include subdivision identification, such as signage located on the wall. All
plants shall be living and in a sound,healthy,vigorous and growing condition, and
they shall be of a size, fullness and height that is customary for their container or
ball size, as per the latest edition of the "American Standard for Nursery Stock",
by the American Association of Nurserymen, as may be amended. Any walls or
structures used in the entryway feature must conform to the City's regulations
pertaining to maximum height within the front yard of residential lots (see the
Zoning Ordinance) wherever the adjacent lot sides onto the arterial street and the
wall will be located within the front yard setback area.
3. The design of the entryway shall be in accordance with design policies in the City's
Design Manuals and Standard Construction Details. The design of the entry shall
be reflected on the landscape and irrigation plans submitted along with the
engineering plans and the preliminary plat, and shall be approved by the City
Planner.
4. The maintenance of the entryway shall be the responsibility of the applicant for a
period of at least two(2)years or until building peliuits have been issued for ninety
(90)percent of the lots in the subdivision, whichever date is later. Following that
period of time, maintenance responsibility shall be borne by the private property
owner(s) upon whose lot(s) the entryway feature is located, or by an approved
homeowners association (see Section 4.3). If, at some point in time, the
maintenance responsibility shifts to the City, the City shall have the right to
upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other
amenities in order to simplify or minimize the amount of time, effort and cost that
maintenance of the entryway will require.
C. Landscaping. All landscaping shall be in conformance with the City's Zoning Ordinance,
and as interpreted and approved by the City staff.
D. Signage. All signage shall be in conformance with the City's Sign Regulation.
Section 5.7: Water and Wastewater Requirements
5.7 A. The installation of all water and wastewater lines shall be in conformance with Section
3.9 of this Ordinance.
B. No final plat shall be approved for any subdivision within the City or its extraterritorial
jurisdiction until the applicant has made adequate provision for a water system and a
sanitary sewer system of sufficient capacity to adequately provide service to all tracts
and lots within the area to be subdivided. The design and construction of the water
City of Wylie, Texas Subdivision Ordinance84
Adopted 2-25-03,Amended 7-24-07
system and of the sanitary sewer system to serve the subdivision shall be in conformance
with the City's master plans for water and wastewater facilities and with the Design
Manuals and Standard Construction Details, and shall be approved by the City Engineer
(also see Section 3.9).
C. Water system with mains of sufficient size and having a sufficient number of outlets to
furnish adequate and safe domestic water supply and to furnish fire protection to all lots
shall be provided. Water lines shall extend to the property line in order to allow future
connections into adjacent undeveloped property, and a box for the water meter(s) for
each lot shall be installed either in the right-of-way or immediately adjacent to the right-
of-way in an easement.
D. Services for utilities shall be made available to the property line of each lot in such a
manner as will minimize the necessity for disturbing the street pavement and drainage
structures when connections are made.
E. Fire protection shall be provided in accordance with Section 3.9 of this Ordinance, with
the City's Design Manuals and Standard Construction Details Manual,and with any other
City policy or ordinance pertaining to fire protection or suppression. The Fire Chief shall
have the authority to approve the locations and placement of all fire hydrants and fire
lanes and he or she may, at his or her discretion, modify fire hydrant spacing or fire lane
placement based upon special design or distance circumstances.
Section 5.8: Improvement of Adjacent(Perimeter) Streets and Utilities
5.8 A. When a proposed subdivision,whether residential or nonresidential, abuts on one or both
sides of an existing substandard street, or on a planned or future road as shown on the
Thoroughfare Plan, being substandard according to the then existing current
Thoroughfare Plan,the developer shall be required to improve his or her reasonable share
of the existing on-site facility as that term is defined herein, including appurtenant
sidewalks, screening and landscaping, storm drainage structures,water quality or erosion
controls,and other utilities as defined in Section 1.13,to bring the same to City standards,
or to replace it with a standard City street as determined by the traffic impact analysis, if
required, at no cost to the City.
B. The developer's share of improvements to a substandard perimeter road shall be twenty-
five (25) feet of pavement (including curb, if any), which is approximately equivalent to
half of a collector street width (i.e., two through traffic lanes), along the entire front
footage of the subdivision, unless the traffic impact analysis, if required, indicates that
some other pavement width is needed to achieve and maintain an acceptable level of
service on the roadway. If the subdivision is to be located on both sides of the roadway,
twenty-five (25) feet of pavement shall be constructed by the developer on each side of
the road along the entire front footage of the subdivision on each respective side of the
road, unless the traffic impact analysis determines otherwise. Design and construction
of the roadway shall be in accordance with the City's Thoroughfare Plan(with respect to
right-of-way width and general location, the Design Manuals, and with any other
applicable City codes and ordinances.
City of Wylie, Texas Subdivision Ordinance85
Adopted 2-25-03,Amended 7-24-07
Depending upon the specific roadway in question, and upon the traffic impact analysis
results, any oversizing above the twenty-five (25) feet width shall be borne by the City,
the County,the State or by some other entity. The City Council may, at its option,accept
escrow funds in lieu of immediate roadway construction if the subdivision derives
principal access from another improved roadway and if delaying construction and
improvement of the road will not harm or otherwise inconvenience neighboring property
owners or the general public.
C. Streets which dead-end at power lines or similar rights-of-way or easements, and which
are intended for future extension across these rights-of-way or easements, shall be
constructed in the right-of-way or easement for half the distance across the right-of-way
or easement, and shall be further restricted as set forth in Section 3.1 of this Ordinance.
As with any other dead-end street, a note shall be placed on the final plat clearly labeling
the dead-end streets that will, at some point,be extended across the power line easement
(or right-of-way), and signage shall be placed at the end of the constructed street stub,
such as on the barricade,also stating that the street will be extended in the future. Signage
size and lettering shall be in accordance with the City requirements.
Section 5.9: Storm Drainage and Water Quality Controls
5.9 A. An adequate storm sewer system consisting of inlets, pipes and other underground
structures with approved outlets shall be constructed where runoff of storm water and the
prevention of erosion cannot be accomplished satisfactorily by surface drainage facilities.
Areas subject to flood conditions or inadvertent storm water retention, such as standing
or pooling water, as established by the City Engineer, will not be considered for
development until adequate drainage has been provided.
B. The criteria for use in designing storm sewers, culverts, bridges, drainage channels, and
drainage facilities shall confoliii to Section 3.10 of this Ordinance. In no case shall
drainage areas be diverted artificially to adjacent properties or across roadways. Storm
water drainage from one lot onto another shall not be allowed unless such does not pose
any harm or inconvenience to the downstream property owner(s), unless specifically
approved by the City Engineer, and unless the necessary off-site drainage easement is
procured on the affected property(s).
C. The developer shall ensure that all drainage improvements within public easements or
rights-of-way are functioning properly prior to the expiration of the maintenance bond.
The developer shall be responsible for removing any significant build-up of sediment or
debris from drainage improvements, with the exception of backlot and sidelot drainage
swales, at the eleventh month of the second year for the required two-year maintenance
bond for the applicable facilities. The City shall inspect the improvements to determine
any maintenance or correction of deficiencies at the conclusion of this period.
City of Wylie, Texas Subdivision Ordinance86
Adopted 2-25-03,Amended 7-24-07
VI. REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY
THE CITY OF WYLIE
Section 6.1: Withholding City Services and Improvements Until Acceptance
6.1 A. The City hereby defines its policy to be that the City will withhold all City services and
improvements of whatsoever nature, including the maintenance of streets and the
furnishing of all other City services from any subdivision or property until all of the
street,utility,storm drainage and other public improvements,as well as lot improvements
such as retaining walls and grading and installation of improvements required for proper
lot drainage and prevention of soil erosion on the individual residential lots, are properly
constructed according to the approved engineering plans and to City standards, and until
such public improvements are dedicated to and accepted by the City.
Section 6.2: Guarantee of Public Improvements
6.2 A. Property Owner's Guarantee. Before accepting for filing the final plat of a subdivision
located all or partially within the City or its extraterritorial jurisdiction, the City Council
must be satisfied that all required public improvements have been(or will be)constructed
in accordance with the approved engineering plans and with the requirements of this
Ordinance.
B. Improvement Agreement and Guarantee. The City Council may waive the requirement
that the applicant complete and dedicate all public improvements prior to acceptance of
the final plat for filing, and may permit the property owner to enter into an improvement
agreement by which the property owner covenants to complete all required public
improvements no later than five (5)years following the date upon which the final plat is
approved. The City Council may also require the property owner to complete or dedicate
some of the required public improvements prior to acceptance of the final plat, and to
enter into an improvement agreement for completion of the remainder of the required
improvements during such two (2) year period. The improvement agreement shall
contain such other terms and conditions as are agreed to by the property owner and the
City.
C. Improvement Agreement Required for Oversize Reimbursement. The City shall require
an improvement agreement pertaining to any public improvement for which the
developer shall request reimbursement from the City for oversize costs. The City
Council, as it deems appropriate, has the authority to authorize the approval of such
agreement as meeting the requirements of the City, and the City shall not withhold
approval as a means of avoiding compensation due under the terms of this Ordinance.
The City Manager is authorized to sign an improvement agreement on behalf of the City.
City of Wylie, Texas Subdivision Ordinance87
Adopted 2-25-03,Amended 7-24-07
D. Security. Whenever the City permits an applicant to enter into an improvement
agreement, it shall require the applicant to provide sufficient security, covering the
completion of the public improvements. The security shall be in the form of cash escrow
or, where authorized by the City, a performance bond or letter of credit or other security
acceptable to the City Manager and the City Attorney, as security for the promises
contained in the improvement agreement. Security shall be in an amount equal to one
hundred (100) percent of the estimated cost of completion of the required public
improvements and lot improvements. The issuer of any surety bond and letter of credit
shall be subject to the approval of the City Manager and the City Attorney.
E. Performance Bond. If the City Council authorizes the applicant to post a performance
bond as security for its promises contained in the improvement agreement, the
performance bond shall comply with the following requirements:
1. All performance bonds must be in the forms acceptable to the City Manager and the
City Attorney;
2. All performance bonds must be executed by such sureties as are named in the current
list of "Companies Holding Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies", as published in Circular
570,as may be amended,by the Financial Management Service, Surety Bond Branch,
U.S. Department of the Treasury;
3. All performance bonds must be signed by an agent, and must be accompanied by a
certified copy of the authority for him or her to act;
4. All performance bonds shall be obtained from surety or insurance companies that are
duly licensed or authorized in the State of Texas to issue performance bonds for the
limits and coverage required.
If the surety on any performance bond furnished by the applicant is declared bankrupt,
or becomes insolvent, or its right to do business in terminated in the State of Texas, or
the surety ceases to meet the requirements listed in Circular 570, the developer shall,
within twenty (20) calendar days thereafter, substitute another performance bond and
surety,both of which must be acceptable to the City.
F. Letter of Credit. If the City Council authorizes the applicant to post a letter of credit as
security for its promises contained in the improvement agreement, the letter of credit
shall:
1. Be irrevocable;
2. Be for a term sufficient to cover the completion, maintenance and warranty periods,
but in no event less than two (2) years; and
3. Require only that the City present the issuer with a sight draft and a certificate signed
by an authorized representative of the City certifying to the City's right to draw funds
under the letter of credit.
City of Wylie, Texas Subdivision Ordinance88
Adopted 2-25-03,Amended 7-24-07
G. As portions of the public improvements are completed in accordance with the Design
Manuals And Standard Construction Details and the approved engineering plans, the
applicant may make written application to the City Manager to reduce the amount of the
original security. If the City Manager is satisfied that such portion of the improvements
has been completed in accordance with City standards, he or she may,but is not required
to, cause the amount of the security to be reduced by such amount that he or she deems
appropriate, so that the remaining amount of the security adequately insures the
completion of the remaining public improvements.
H. The developer shall guarantee all public improvements free of defects for a two (2)year
period. Upon acceptance by the City of all required public improvements, the City shall
reimburse 100% of the security if the applicant is not in breach of the improvement
agreement.
Section 6.3: Temporary Improvements
6.3 The applicant shall build and pay for all costs of temporary improvements required by
the City, and shall maintain those temporary improvements for the period specified by
the City. Prior to construction of any temporary facility or improvement, the applicant
shall file with the City a separate improvement agreement and escrow or, where
authorized, a letter of credit, in an appropriate amount for temporary facilities, which
agreement and escrow or letter of credit shall ensure that the temporary facilities will be
properly constructed, maintained and removed.
Section 6.4: Government Units
6.4 Governmental units to which these contract and security provisions apply may file, in
lieu of the contract and security,a certified resolution or ordinance from officers or agents
authorized to act in their behalf, agreeing to comply with the provisions of this Section.
Section 6.5: Failure to Complete Improvements
6.5 A. For plats for which no improvement agreement has been executed and no security has
been posted,if the public improvements are not completed within the period specified by
the City, the plat approvals shall be deemed to have expired. In those cases where an
improvement agreement has been executed and security has been posted,and the required
public improvements have not been installed within the terms of the agreement, the City
may:
1. Declare the agreement to be in default and require that all the public improvements
be installed regardless of the extent of completion of the development at the time the
agreement is declared to be in default;
2. Suspend final plat approval until the public improvements are completed, and may
record a document to that effect for the purpose of public notice;
City of Wylie, Texas Subdivision Ordinance89
Adopted 2-25-03,Amended 7-24-07
3. Obtain funds under the security and complete the public improvements itself or
through a third party;
4. Assign its right to receive funds under the security to any third party, including a
subsequent owner of the subdivision for which public improvements were not
constructed, in whole or in part, in exchange for that subsequent owner's promise to
complete the public improvements on the property; or
5. Exercise any other rights or remedies available under the law.
Section 6.6: Acceptance of Dedication Offers
6.6 Acceptance of formal offers for the dedication of streets,public areas,easements or parks
shall be by authorization of the City Manager. The approval by the City Council of a
preliminary or final plat shall not, in and of itself, be deemed to constitute or imply the
acceptance by the City of any street, public area, easement or park shown on the plat.
The City may require the plat to be endorsed with appropriate notes to this effect.
Section 6.7: Maintenance and Guarantee of Public Improvements
6.7 The property owner shall maintain all required public improvements for a period of two
(2) years following acceptance of the subdivision by the City, and shall also provide a
two-year maintenance bond (warranty) that all public improvements will be free from
defects for a period of two (2) years following such acceptance by the City.
Section 6.8: Construction Procedures
6.8 A. A site development peliiiit is required from the City prior to beginning any site
development-related work in the City or its extraterritorial jurisdiction which affects
erosion control, storm drainage, vegetation or tree removal, or a flood plain.
B. Preconstruction Conference. The City shall require that all contractors participating in
the construction meet for a preconstruction conference to discuss the project prior to
release of a grading permit and before any filling, excavation, clearing or removal of
vegetation and trees that are larger than six (6) inch caliper. All contractors shall be
familiar with, and shall conform with, applicable provisions of the City's landscape
ordinance and tree protection/preservation ordinance (Sections 7.6 and 7.7 of the Wylie
Zoning Ordinance, respectively).
C. Conditions Prior to Authorization. Prior to authorizing release of a site development
permit, the City Engineer shall be satisfied that the following conditions have been met:
1. The preliminary plat has been approved by the City Council (and any conditions of
such approval have been satisfied);
2. All required engineering documents are completed and approved by the City
Engineer;
City of Wylie, Texas Subdivision Ordinance90
Adopted 2-25-03,Amended 7-24-07
3. All necessary off-site easements and dedications required for City-maintained
facilities and not shown on the plat must be conveyed solely to the City, such as by
filing of a separate instrument,with the proper signatures affixed. The original of the
documents and the appropriate fees for filing the documents at the appropriate
County of Record requirements, and the City's submission guidelines, as may be
amended from time to time shall be returned to the City prior to approval and release
of the engineering plans by the City Engineer;
4. All contractors participating in the construction shall be presented with a set of
approved plans bearing the stamp of release of the City Engineer, and at least one set
of these plans shall remain on the job site at all times;
5. A complete list of the contractors, their representatives on the site, and telephone
numbers where a responsible party may be reached at all times must be submitted to
the City; and
6. All applicable fees must be paid to the City.
D. Nonpoint Source Pollution Controls and Tree Protection. All nonpoint source pollution
controls, erosion controls, and tree protection measures and devices shall be in place, to
the City Engineer's satisfaction,prior to commencement of construction on any property.
Section 6.9: Inspection and Acceptance of Public Improvements
6.9 A. General Procedure. Construction inspection shall be supervised by the City Engineer.
Construction shall be in accordance with the approved engineering plans and the Design
Manuals and Standard Construction Details of the City of Wylie (and other applicable
codes and ordinances). Any change in design that is required during construction should
be made by the licensed professional engineer whose seal and signature are shown on the
plans. Another engineer may make revisions to the original engineering plans if so
authorized by the owner of the plans, and if those revisions are noted on the plans or
documents. All revisions shall be approved by the City Engineer. If the City Engineer
finds, upon inspection, that any of the required public improvements have not been
constructed in accordance with the City's standards and Design Manuals and Standard
Construction Details, then the property owner shall be responsible for completing and
correcting the deficiencies such that they are brought into conformance with the
applicable standards.
B. Letter of Satisfactory Completion. The City will not deem required public improvements
satisfactorily completed until the applicant's engineer or surveyor has certified to the City
Engineer, through submission of detailed sealed "as-built", or record, drawings of the
property which indicate all public improvements and their locations, dimensions,
materials and other information required by the City Engineer, and until all required
public improvements have been completed. The "as-builts" shall also include a complete
set of sealed record drawings of the paving, drainage, water, sanitary sewer and other
public improvements, showing that the layout of the lines and grades of all public
City of Wylie, Texas Subdivision Ordinance91
Adopted 2-25-03,Amended 7-24-07
improvements are in accordance with engineering plans for the plat, and showing all
changes made in the plans during construction, and containing on each sheet an"as-built"
stamp bearing the signature and seal of the licensed professional engineer and the date.
One reproducible drawing of the utility plan sheets containing the as-built infounation
shall also be submitted. The engineer or surveyor shall also furnish the City with a copy
of the approved final plat and the engineering plans, if prepared on a computer-aided
design and drafting(CADD) system,in such a digital format(on disk)that is compatible
with the City Engineer's CADD system. When such requirements have been met to the
City Engineer's satisfaction, the Planning Director shall thereafter make a
recommendation to the City Council for consideration of satisfactory completion of the
public improvements. Once the City Council votes its approval of satisfactory
completion, the City Engineer shall issue the Letter of Satisfactory Completion.
Acceptance of the development shall mean that the developer has transferred all rights to
all the public improvements to the City for use and maintenance. The City Council may,
at its option, accept dedication of a portion of the required public improvements if the
remaining public improvements are not immediately required for health and safety
reasons, and if the property owner has posted a performance bond, letter of credit or cash
bond in the amount of one hundred(100)percent of the estimated cost of those remaining
improvements for a length of time to be determined by the City Council. If the remaining
public improvements are greater than ten thousand (10,000) dollars and are not
completed within the determined length of time, the City will impose a penalty that
equals ten (10) percent of the performance bond, letter of credit, or cash bond. The
obligation to complete the improvements remains with the developer, and all future
building permits or certificates of occupancy will be withheld until the improvements are
complete. If the remaining public improvements are less than ten thousand (10,000)
dollars, the developer shall pay the actual dollar amount. The length of time may be
extended due to inclement weather or unforeseen delays by mutual agreement between
the developer and the City.
Upon acceptance of the required public improvements, the City Engineer shall submit a
certificate to the developer stating that all required public improvements have been
satisfactorily completed.
Section 6.10: Deferral of Required Improvements
6.10 A. The City Council may, upon petition of the property owner and favorable
recommendation of the City Engineer, defer at the time of plat approval, subject to
appropriate conditions, the provision of any or all public improvements as, in its
judgment, are not required in the immediate interests of the public health, safety and
general welfare.
City of Wylie, Texas Subdivision Ordinance92
Adopted 2-25-03,Amended 7-24-07
B. Whenever a petition to defer the construction of any public improvements required under
this Ordinance is granted by the City Council,the property owner shall deposit in escrow
his or her share of the costs (in accordance with City participation and oversizing
policies) of the future public improvements with the City prior to approval of the plat, or
the property owner may execute a separate improvement agreement secured by a cash
escrow or, where authorized, a letter of credit guaranteeing completion of the deferred
public improvements upon demand of the City.
Section 6.11: Issuance of Building Permits and Certificates of Occupancy
6.11 No building permit shall be issued for a lot, building site, building or use of a lot or
building unless the lot or building site has been officially recorded by a final plat
approved by the City Council, and unless all public improvements, as required by this
Ordinance for final plat approval have been completed.
City of Wylie, Texas Subdivision Ordinance93
Adopted 2-25-03,Amended 7-24-07
VII. FILING FEES & PLAT RE-SUBMISSION REQUIREMENTS
Section 7.1: Schedule of Fees and Re-Submission Requirements
7.1 A. Fees and charges, as well as other submission requirements, for the submission of
applications for the approval of any type of plat and for engineering review and
inspection shall be as provided at City offices, and may be amended from time to time.
It is the applicant's responsibility to obtain and comply with the City's current fee
schedule and submission requirements.
B. Such fees and charges shall be imposed and collected on all applications for approval of
a concept plan or any type of plat,regardless of the action taken by the City Planning and
Zoning Commission and City Council thereon. Such fees shall be collected for the
purpose of defraying the costs of administrative, clerical, engineering, planning and
inspection services necessary to properly review and investigate plats and subdivision
construction.
C. Should a development proposal or plat application lapse or expire, or should it be denied
by the Commission or the Council, then that application ceases "pending" status and the
project, and its corresponding series of development approvals and permits, shall be
deemed to be ended, or "completed". Any re-application for any type of development
approval for that property shall be considered commencement of a new project, and shall
be accompanied by new application materials, including new submission fees, and shall
conform to all applicable City ordinances in effect at the time of submission of the new
application.
D. All required fees, unless specifically stated otherwise herein, shall be paid as required in
other sections of this Ordinance. Inspection fees may be paid at the time the actual
inspection is made of the project.
City of Wylie, Texas Subdivision Ordinance94
Adopted 2-25-03,Amended 7-24-07
VIII. EFFECTIVE DATE; ADOPTION
Section 8.1: Effective Date
8.1 This Ordinance shall be effective as of the date of its adoption.
Section 8.2: Adoption of Ordinance
8.2 Passed and adopted by the City Council of the City of Wylie, Texas, this 25TH day of
February, 2003.
Mayor City of Wylie, Texas
ATTEST:
City Secretary City of Wylie, Texas
[City Seal]
APPROVED AS TO FORM:
City Attorney City of Wylie, Texas
City of Wylie, Texas Subdivision Ordinance95
Adopted 2-25-03,Amended 7-24-07
7/26/2019 86(R)HB 2840-Enrolled version-Bill Text
H.B. No. 2840
AN ACT
relating to the right of a member of the public to address the
governing body of a political subdivision at an open meeting of the
body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1 . Subchapter A, Chapter 551, Government Code, is
amended by adding Section 551.007 to read as follows:
Sec. 551.007 . PUBLIC TESTIMONY. (a) This section applies
only to a governmental body described by Sections
551.001 (3)_(B) - (L) .
(b) A governmental body shall allow each member of the
public who desires to address the body regarding an item on an
agenda for an open meeting of the body to address the body regarding,
the item at the meeting before or during the body' s consideration of
the item.
(c) A governmental body may adopt reasonable rules
regarding the public's right to address the body under this
section, including rules that limit the total amount of time that a
member of the public may address the body on a given item.
_(d) This subsection applies only if a governmental body does
not use simultaneous translation equipment in a manner that allows
the body to hear the translated public testimony simultaneously. A
rule adopted under Subsection (c) that limits the amount of time
that a member of the public may address the governmental body must
provide that a member of the public who addresses the body through a
translator must be given at least twice the amount of time as a
member of the public who does not require the assistance of a
translator in order to ensure that non-English speakers receive the
same opportunity to address the body.
_(e) A governmental body may not prohibit public criticism of
the governmental body, including criticism of any act, omission,
policy,_procedure,_program, or service. This subsection does not
apply to public criticism that is otherwise prohibited by law.
SECTION 2. This Act takes effect September 1, 2019.
President of the Senate Speaker of the House
I certify that H.B. No. 2840 was passed by the House on May 3,
2019, by the following vote: Yeas 138, Nays 3, 1 present, not
voting.
Chief Clerk of the House
I certify that H.B. No. 2840 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays O.
Secretary of the Senate
APPROVED:
Date
Governor
https://capitol.texas.gov/Search/DocVieweraspx?ID=86RHB028405B&QueryText="HB+2840"&DocType=B 1/2
7/26/2019 86(R)HB 2840-Enrolled version-Bill Text
https://capitol.texas.gov/Search/DocViewer.aspx?ID=86RHB028405B&QueryText="HB+2840"&DocType=B 2/2
Wylie CityCouncil
Y
AGENDA REPORT
Meeting Date: August 13, 2019 Item Number: WS 3
Department: City Manager (City Secretar);'s Use Only)
Prepared By: Account Code:
Date Prepared: Exhibits:
Subject
Budget FY 2019-2020
Recommendation
Discussion
Page 1 of 1
PUBLIC WORKS YEARLY MOWING LABOR AND MATERIALS COST ESTIMATES
7/25/19
LABOR ESTIMATES
escript►on'. No.Staff Hours Avg Hourly* Total Notes
Streets,Water and Sewer Personnel Hours were determined by calculating the following:8
(Outside of 3 Months Public Works Has 3 720 $14.79 $ 31,946.40 hours/day*5days/wk*18wks(approximately 4 and 1/2
Summer Mowing Staff) months).
Streets,Water and Sewer Personnel Includes estimated additional man hours spent to help catch up
(Needed for Additional Assistance During mowing when needed for various reasons such as the weather
the 3 Months Public Works Has Summer 6 40 $14.79 $ 3,549.60 or other high priority projects/items.This year additional
Mowing Staff) assistance was needed on McMillen and Pleasant Valley.
Summer Mower Personnel $ 20,624.25 Budgeted amount.
Total Labor $ 56,120.25
*-Average Hourly is a conservative estimate as it refers to the cost of a Maintenance Worker 1 position. Often we will also need Maintenance Works 2 positions to assist.
MATERIALS ESTIMATES
Mowers 3 $ 7,000.00 6 $ 3,500.00 6 years is the estimated life expectancy of a mower.
Weed Eaters 3 $ 300.00 $ 900.00 Public Works purchases an average of 3 new weed eaters per
year to replace old and broken units.
Blade Weed Eaters 1 $ 350.00 $ 350.00 Public Works purchases an average of 1 new blade weed eater
per year to replace old and broken units.
Maintenance(Truck,Trailer, Mowers and This is a general cost for maintenance of truck,trailer,mowers,
Weed Eaters) $ 2,500.00 and weed eaters,assuming no major issues during a year.
Fuel $ 1,000.00 This is a general cost based on previous year purchases.
TOTAL MATERIALS` $ 8,250.00
TOTAL LABOR&MATERIALS $ 64,370.25
PUBLIC WORKS PROPOSED FY1 -20 ORGANIZATIONAL CHART
PUBLIC WORKS
DIRECTOR
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Changes to Estimated Tax Revenue
Estimated Revenue Actual Revenue Variance
Current Tax Revenue 22,924,887 23,23O 769 305,882
Frozen Property Tax Revenue 1,391,516 1,581,974 190,458
New Construction 944,760 912,598 (32,1.62)
25,261,163 25,725,341 464,1.78
i) M&O Percentage of Effective Tax Rate increased from 74.15% to 74.98%.
2) Revenue Projections were based on last year's certified values and not on
final taxable values after ARB decisions.
3) Value cap resets when existing properties are sold.
4) Previously frozen properties no longer frozen when sold.
2