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Ordinance 2021-01ORDINANCE NO. 2021-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2007-23 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLE 2, SECTION 2.5.C; MODIFYING CERTAIN REGULATIONS RELATING TO DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES IN THE CITY OF WYLIE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Article 2, Section 2.5.C, of Ordinance No. 2007-23, the Zoning Ordinance, as amended, to modify regulations relating to Development Standards of Accessory Structures in the City of Wylie; and WHEREAS, the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law, public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 2, Section 2.5.0 of Wylie's Zoning Ordinance, Ordinance No. 2007-23, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for Ordinance No. 2021-01 Amending Ordinance No. 2007-23 - Accessory Structures violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of January, 2021. ATTEST: Stephanie Storm, City Secretary 0118870 S1:44 orr Tab`s Dates of Publication: January 2 , 20 021 in the Wylie News w Porter, Mayor Ordinance No. 2021-01 Amending Ordinance No. 2007-23 - Accessory Structures 1 D„0 CITY Or WYLIE ZONING ORDINANCE 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 three (3) 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. When the height of the accessory structure is greater than 15 feet, the side setbacks shall match the setbacks of the primary structure. Rear: When the accessory building is a garage or carport with rear access, the rear setback shall be a minimum of five (5) feet from the property line. All other accessory buildings shall not be located closer than three (3)feet to the rear (5) ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP 14 %All CITY OF WYLIE ZONING ORDINANCE property line. When the height of the accessory structure is greater than 15 feet, the rear setbacks shall match the setbacks of the primary structure. (6) Other Structures - Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. AG/30: Barns and/or stables shall not be located within fifty (50) feet of any property line or dwelling d. Roof: (7) The minimum roof slope for all accessory structures shall be 3:12, unless the accessory structure is prefabricated, pre -finished, and covers less than two (2) percent of the lot or is a carport. (2) The color and materials of the roof of the accessory structures must closely resemble the color and materials of the roof of the main structure, unless the accessory structures is prefabricated, pre -finished, and covers less than (2) percent of the lot or is a carport. e. Exterior Walls: (1) (1) Accessory structures covering less than two (2) percent of the lot are required to be constructed with exterior walls composed of metal with a baked -on enamel or vinyl finish, vinyl, wood structure that is prefinished and prefabricated, composite masonry facade, or the same masonry content required of the main structure. (2) Accessory structures covering more than two (2) percent of the lot are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. (4) No pressure treated wood is permitted as exterior finish. f. Height: (I) Accessory structures shall be limited to a height of not more than fifteen (15) feet on lots less than one acre and not more than twenty (20) feet on lots one acre or greater. (2) AG/30: Accessory structures shall be limited to a height of not more than twenty (20) feet. g. Notes: ' AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in Section 5.4 "Special Use Permits" of this ordinance. (3) ARTICLE 2: DISTRICTS & ZONING DISTRICT MAP 15 C&S media The gfarinersbille Tinted • Murphy Monitor • The Princeton }Jerald • 7kSachse News • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinance #2021-01, Ordinance #2021-02 and Resolution #2021-01(R) was published in said newspaper on the following date(s), to -wit: January 20, 2021 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 21st day of January, 2021, to certify which witness my hand and seal of office. SONIA A DUGGAN Notary ID #126646343 My Commission Expires August 12, 2024 ye6101a0 Notary Publi I d for The State of Te . s My commission expires 08/12/2024. Murphy/SachseAVylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098.972-442-5515 • fax 972-142-4318 Famrersvillc/Princeton Office • 101 S. Main • P.O. Box 512 • Farmcrsville, TX 75442 • 972-784-6397 • fax 972-782-7013 CITY OF WYLIE I Ordinance No. 2021-01 • An Ordinance Of The 1 City Council Of The City Of Wylie, Texas, Amending Ordinance No. 2007-23 Of The ' City Of Wylie (The • Zoning Ordinance, As Amended), Article 2, Section 2.5.C; Modi- fying Certain Regula- tions Relating To De- , velopment Standards For Accessory Struc- tures In The City Of Wylie; Providing A Penalty Clause, Sav- ings/Repealing Clause, Severability Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. Ordinance No. 2021-02 An Ordinance Of The ' City Council Of The City Of Wylie, Texas, i Amending Ordinance No. 2006-04 Of The City Of Wylie (The Zoning Ordinance, As Amended), Article 5, Sections 5.1.F Land Use Charts And 5.2.F Listed Uses; Modify- ing Certain Regula- tions Relating To De- velopment Standards Of The Automotive Repair, Minor Use In The City Of Wylie; Providing A Penalty Clause, Savings/Re- pealing Clause, Sever- 1 I ability Clause And An , Effective Date; And Providing For The Publication Of The Caption Hereof. 4C January 20-21, 2021 Resolution No. 2021-01(R) A Resolution Of The City Council Of The City Of Wylie, Texas, Determining A Public Necessity To Acquire Certain For Public Use By Eminent Domain (In Fee Simple) For - The Construction, Ex- pansion, Access, Re- pair, Maintenance And • Replacement Of The Ballard Avenue Elevat- ed Water Storage Tank; I. Giving Notice Of An Official Determination To Acquire Certain • For Public Use By Em- inent Domain (In Fee • Simple) For The Con- 1 struction, Expansion, Access, Repair, Main- j tenance And Replace • - ment Of The Ballard Avenue Elevated Water Storage Tank; Autho- j rizing The City Man- ager Of The City Of , Wylie, Texas, To Es- tablish Procedures For Acquiring The Prop- _erty (In Fee Simple), '. Offering To Acquire Said Property Rights, Voluntarily, From The Landowner(S) 1 Through The Making Of A Bona Fide Offer; Appropriating Funds; Providing For Repeal- ing, Savings And Sev- • erability Clauses; And Providing For An Ef- fective Date. . 1 38-it-1161i