Ordinance 1991-22
ORDINANCE NO.
f/-dZ
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTIONS 9,
10, 11, 12, AND 25 OF ORDINANCE NUMBER 85-23A, AS HERETOFORE
AMENDED (THE COMPREHENSIVE ZONING ORDINANCE) BY CHANGING CERTAIN
REGULATIONS THEREIN PERTAINING TO THE SIZE, LOCATION, AND HEIGHT
OF ACCESSORY BUILDINGS; PROVIDING A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of
Wylie has, after first having complied with all applicable notice
and hearing requirements, recommend amendment of the City's
Comprehensive Zoning Ordinance by changing certain regulations
pertaining to the height, size, and location of accessory
buildings, such recommended changes being hereinafter
specifically set forth; and
WHEREAS, the City Council conducted a public hearing
concerning the recommended changes on the 8th day of October,
1991, after having first given due proper notice of such hearing
in accordance with the City's ordinances, charter, and state law;
and
WHEREAS, the City Council has determined that the
recommended changes fall within in one or more of the exceptions
to the stated policy against change as stated in Section 34 of
the Comprehensive Zoning Ordinance; and
WHEREAS, the City Council desires to adopt such changes and
pursuant to its legislative discretion amend the Comprehensive
Zoning Ordinance in accordance with such recommendations;
NOW, THEREFORE,
CITY OF WYLIE, TEXAS,
BE IT ORDAINED BY
as follows:
THE CITY COUNCIL OF THE
SECTION 1.
That Section 9.2 of the City of Wylie's Zoning Ordinance
Number 88-23A as heretofore amended, be further amended by
deleting the last sentence of subparagraph one (l)(c) contain the
following language "minimum rear yard for accessory building
shall be not less than ten feet (10') from the property line".
SECTION 2.
That Section 10.3 of the City of Wylie's Zoning Ordinance
Number 85-23A, as heretofore amended, be further amended by
deletion of the last sentence of 10.3 (l)(c) containing the
following language "minimum rear yard for accessory buildings
shall be not less than ten feet (10') therefrom".
SECTION 3.
That Section 11.3 of the City of Wylie's Zoning
Ordinance Number 85-23A, as heretofore amended, be further
amended by deletion of the last sentence of 11.3 (l)(c)
containing the following language "minimum rear yard for
accessory buildings shall be not less than ten feet (10')
therefrom.
SECTION 4.
That Section 12.3 of the City of Wylie's Zoning
Ordinance Number 85-23A, as heretofore amended, be further
amended by deletion of the last sentence of 12.3 (l)(c)
containing the following language "minimum rear yard for
accessory buildings shall be not less than ten feet (10')
therefrom.
SECTION 5.
That Section
Number 85-23A, as
follows:
25 of the City of Wylie's Zoning
heretofore amended, be further
Ordinance
amended as
a. The existing Section 25.3 shall be deleted
entirety and the following language inserted therefore:
in
its
"An accessory building is restricted in height to 15" feet
or the height of the main structure, whichever is less".
b. Existing Section 25.4 is deleted in its entirety and the
following is inserted in place thereof:
Section 25.4
AREA REGULATIONS FOR ACCESSORY BUILDINGS
IN RESIDENTIAL AND APARTMENT DISTRICTS:
1. Size of yards:
(a) Attached front accessory building shall have a front
yard not less than the main building or as specified
in the particular district. Accessory buildings
and carports shall be located in the area defined as
the rear yard.
(b) Side yard: there shall be a side yard not less
than five feet from any size lot line, alley line,
or easement line; except that adjacent to a side
street the side yard shall never be less than
twenty feet (20').
(c) Rear yard: there shall be a rear yard of not less
than three (3') feet from any lot line, alley line,
or easement line.
(d) Attached rear yard garage and carports shall meet
all code requirements for fire resistant
separation from the main building as well as
required rear yard setbacks. Detached rear
garages and carports shall be no closer than five
feet (5') to the main building. Detached garage
shall have a twenty feet (20') rear setback.
Detached carport shall have a fifteen feet (15')
rear setback.
(e) All accessory buildings shall be a minimum of five
feet (5') from the main building.
2. Area of Building:
The maximum square foot area for any accessory
building shall be six hundred feet (600') or less.
3. The area regulations as specified in this section shall
be an exception to the size of yards requirements as
set out and established in any particular district in
which an accessory building is allowed and the location
of any accessory building is subject to the specific
provisions of this
of such particular
section and not
district.
the area regulations
SECTION 6.
That all ordinances or portions thereof, in conflict with
the provision hereof be, and the same hereby are, repealed; and
all other ordinances, and portions thereof, not in conflict
herewith shall remain in full force and effect.
SECTION 7.
Should any paragraph, sentence, subdivision, clause, phrase
or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole or any part or
provision thereof, other than the parts so declared to be
invalid, illegal or unconstitutional.
SECTION 8.
The City Secretary is hereby authorized and directed to
cause publication of the caption of this ordinance in accordance
with the City Charter and the V.T.C.A., Local Government Code,
Section 52.013 and the provisions hereof shall take effect
immediately upon such publication.
DULY PASSED AND APPROVED by the City Gouncil of the City of
Wylie, Texas this /c/.. day of VJJ!J7LL.4l;?~.,,), 1991.
,
ATTEST:
City of Wylie, Texas
APPROVED: