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Ordinance 2003-25 ORDINANCE NO. 2003-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE CERTAIN PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing.to all property owners, the governing body of the City is of the opinion and finds that the Comprehensive Zolling Ordinance should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Section 3.4.F of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, pertaining to exterior siding materials for residential uses, be, and the same is hereby, amended by substituting the following wording for the existing: F. Architectural Features Architectural points are awarded in accordance with the following criteria: 1. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of one-hundred (100) percent of the exterior facade composed of brick or stone laid masonry units or masonry stucco, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: 1. When other materials are required to blend with the existing historic architecture of the house. 2. When the construction is new infill construction and more than sixty percent (60%) of the existing residential structures along both sides of the street and between the two nearest Ordinance #2003-25 Amendments/Comprehensive Zoning 1 intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. 3. When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. b. Appeals Regarding Material If the Building Official determines that a product does not demonstrate the same durability as masonry, the applicant may appeal that decision to the Construction Code Board. The decision of the Construction Board shall be final. SECTION 2. That Section 2.5 ofthe Comprehensive Zoning Ordinance of the City of Wylie, Texas, pertaining to regulations applicable to all districts, be, and the same is hereby, amended by adding the following wording as new Section D: D. Accessory Buildings 1. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. 2. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. a. Except in the Agricultural (AG/28) District, not more than two (2) accessory buildings may be placed on any residential lot. The combined floor area of all accessory buildings shall not exceed six hundred (600) square feet or twenty five (25) 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. Exception 1: Accessory buildings located on lots that are between one (I) and two (2) acres in size shall not exceed one thousand (1,000) square feet. Exception 2: Accessory buildings located on lots that are two (2) acres or more in size shall not exceed three thousand (3,000) square feet. b. Barns and Stables: In the Agricultural (AG/28) zoning districts, barns and/or stables directly associated with the support of a bonafide private agricultural use of the property shall be limited in area to that allowed by the building code for their use and construction type, but in no case shall the combined floor area of the primary use and all accessory buildings exceed the maximum percentage of lot coverage allowed for in the Agricultural (AG/28) zoning district. Said barns and/or stables shall not be located within fifty (50) feet of any property line. 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 #2003-25 Amendments/Comprehensive Zoning 2 . ordinance. c. Setback Requirements: No accessory building shall be located within any easement. (1) 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. (2) Side: (a) Five (5) feet when the accessory building is located behind the main building. When the accessory building is located in the side yard, the side yard setback for the accessory building will be the same as the setback for the main building. (b) Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. rfoo building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the side property line. (3) Rear: (a) Ten (10) feet if the rear property line is adjacent to a street right-of-way. (b) In situations other than those contained in c. 3. above, the rear setback is five (5) feet. Exception: When the accessory building is a garage with rear access, the rear setback shall be a minimum of twenty (20) feet from the property line. (4) Other Structures - Accessory buildings shall not be located within five (5) feet of any other structure. Exception: Carports. d. Roof: (1) The minimum roof slope for all accessory buildings shall be 3: 12. Exception: When the accessory building is a metal building or carport. (2) The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building. Exception: When the accessory building is a metal building, the roof material is not required to closely resemble the roof material of the main building. e. Exterior Walls: (1) Accessory buildings one hundred twenty (120) square feet and less in area are required to be constructed with exterior walls composed of metal with a baked-on enamel finish, composite masonry fayade or the same masonry-content required of the main structure. Accessory buildings larger than one hundred twenty (120) square feet but less than (2) Ordinance #2003-25 Amendments/Comprehensive Zoning 3 three hundred (300) square feet in area are required to be constructed with exterior walls composed of composite masonry fayade material or the same masonry content required of the main structure. (3) Accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Agricultural (AG/28) are exempt from the masonry requirement for exterior walls. f Height: Accessory buildings shall be limited to a height of not more than fourteen (14) feet to the top of the roof Exception: In the Agricuhural (AG/28) zoning district, accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof SECTION 3. That Section 5.5 of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, pertaining to Temporary uses, be, and the same is hereby, amended by substituting "Building Official" for "Director". SECTION 4. That Section 2.5 of the Comprehensive Zoning Ordinance of the City of Wylie, Texas, pertaining to regulations applicable to all districts, be, and the same is hereby, amended by adding the following wording as new Section E: E. Building Encroachment into Required Yards 1. Minimum Front Yard Setback. The location of buildings shall comply with the minimum front yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required front yard shall be open and unobstructed, except for plant material and for the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building, projecting no more than twelve (12) inches into the required front yard. Roof eaves and roof extensions of the main building or a porch without posts or columns may project into the required front yard for a distance of no more than two (2) feet, and subsurface structures, platforms or slabs may project into the front yard to a height no greater than thirty (30) inches above the average grade of the yard. 2. Minimum Side Yard Setback. The location of buildings shall comply with the minimum side yard Ordinance #2003-25 Amendments/Comprehensive Zoning 4 setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. a. Permitted Obstructions. Every part of a required side yard shall be open and unobstructed, except for plant material and for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and other architectural features of the main building projecting no more than twelve (12) inches into the required side yard. Roofeaves ofthe main building shall project no more than two (2) feet into the required side yard. 3. Minimum Rear Yard Setback. The location of buildings shall comply with the minimum rear yard setback standards contained in the district regulations and summarized in the Residential and Nonresidential Dimensional Regulations Schedules, as may be modified by additional provisions in the district regulations, in this subsection or elsewhere in this chapter. , a. Permitted Obstructions. Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for plant material and accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features of the main building projecting no more than two (2) feet into the required rear yard SECTION 5. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. Any person, firm or corporation violating any of the provIsIons of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. 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 part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance #2003-25 Amendments/Comprehensive Zoning 5 SECTION 8. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 9. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any sectioI2. or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of September, 2003. \\\\111111",// "'~I 0 F W ~;'/ ~'~"' ....... r/ //; .,:-. ,," .... .... ~/ ~ ~ CJ ..- e.. (<' ~ .:" :~-~... ~ ~ i SEAL '~ ~ ~ \ e:::.~ .: : -:. e.. .at; ~ ~ -.. ..- '" "IA_". ." r.-. ...... "" '.1'1'. ~...... ~..J" //111 LIE It.i-- """, ///1" "',, I I I \ \ \ \ / By Joh.,. ~ondy, Ma r .~ Ordinance #2003-25 Amendments/Comprehensive Zoning 6 , THE WYLIE NEWS (;overmg Wylie, Sacbse, Murphy aDd the surrounding area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the Chad Engbrock, published in Collin Texas, who being undersigned authority, on this day personally appeared of THE WYLIE NEWS, a newspaper regularly County, Texas and having general circulation in Collin County, by me -duly sworn deposed and says that the foregoing attached ~ ~. dO 0.3 - d ':J/ ~ ?y~ was published in said newspaper on the following date(s), to-~t: ~. to-+ / ,2003, and ~ Chad Engbrock, Publisher Subscribed and sworn to before me this the _..s-ft'---_day of ~, to certify which witness my hand and seal of office. (~t&~ t ADA L. MOONEY Notary Public State of Texas , t My Comm. Exp. 01-02-07 .l Notary The Public State in and of My ComlDi~on expires ~ I ~ 0.) - 0 7 . 2003. ,2003 for Texas '" ations are on file ay he examined charge in the [" the North Texas al 'vValer District ddress IV here pro- re to he received. offices of Freese ols at the address uestions regarding of to the Nichols tion Services ent. Direct ques- ted to the content Specifications to stine Engler. P.E. uestions may be I to Freese and at the address must submit a check. certified acceptable bid- d with their pro- a guarantee that er will comply erms set forth in sal and Special s. The security payable to the .1 xas Municipal istrict in the f five percent e bid submitted. \ i\ , \ orth TexlJ,s Water ""'.' itict " Vl'~, Ie rightto'1tdopt ad vanCttgeous ion of the bids in the case of or lack of clear- tating proposal reject any or all r waive formal- s may not be within sixty (60) days from dat~ on which bids are opened. WITH THE COUNTY CLERK OF COLLIN COUNTY. TEXAS; AND TEX/\S PROVIDING AN EFFEC- WATER> TIVE[)/:\IS:~~J1-li:-'.1lJ _ NORTH MUNICIP;\L DISTRICT Marvin Fuller President Board of Directors. 18-3t-235 PUBLIC NOTICE CITY OF WYLIE INVITATION FOR BIDS The City of Wylie is solic- iting competitive sealed bids for the installation of trees at the Meadows of Birmingham Park and Community Park. Bids will be accepted at the Wylie Municipal Complex -20()O Highway n North. Wylie. Texas unlil 2:00 p.m. October 8. 2003 at which time and place all duly received bids will be publicly opened. The City reserves the right to reject any or all bids and to accept the bid which pro- vic\es the best value of the Cjty. I 8-2t-3~9 / ~- ORDINANCE NO. . 2003-23 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. ABANDONING AN UNUSED ALLEY: PROVIDING THAT SUCH ABANDON- MENT SHALL BE TI-IE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON: PROVID- ING THAT SAID ORDI- NANCE SHALL CON- STITUTE A QUIT- CLAIM DEED THAT MAY BE RECORDED > ORDINAI".'CE NO. 2003-24 AN ORDlNANCE OF THE CITY OF WYLIE. TEXAS. AMENDING THE COMPREHENSIVE ZONING ORDlNANCE OF THE CITY OF WYLIE. AS HERETO- FORE AMENDED. SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPER- TY. ZONING CASE NUMBER 2003-12. TO TOWNHOUSE (TH) DISTRICT: PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT: PROVID- ING A SEVERABILITY CLAUSE: AND PRO- VIDING FOR AN EFFECTIVE DATE. IlJ-l t-339 ORDINANCE NO. 2003-25 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. AMENDING THE CERTAIN PROVI- SIONS OF THE COM- PREHENSIVE ZONING ORDlNANCE OF THE CITY OF WYLIE: PRO- VIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT: PROVIDING A SEVER- ABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. 19-1 t-339 NEVADA WATER SUP- PLY CORPORATION NEW WATER RATES EFFECTIVE DATE OF NOVEMBER 1,2003 NOTICES ARE BEING MAILED OUT TO ALL CUSTOMERS AS OF OCTOBER I. 2003 New Service $2,600. Monthly minimum whether any water is used or not (to include your first 2.000 gallons of water used) $25. Reconnection fee $50. (one $25 service call to lock-up meter and one $25 service call to unlock meter) **Payable by cash. money order or certified bank check only.** Late fee $20. (any pay- ment received after the 15th will be charged the late fee, the late fee date is "NO LONGER" the 21 st) Transfer fee $40 Returned check fee $25 Meter test fee $30 Meter tampering fee $250 per service on first occur- rence. 2nd occurrence is refusal of any future water service. Developer fee $425 per platted lot "Developer" is any person who subdi- vides land or requests more than two water ser- vice connections on a con- tigllolls tract of land. 19- I t-463 PUBLIC NOTICE The Board of Adjustment of the City of Sachse will meet on Thursday, October 23. 2003. at 7:30 p.m. at Sachse City Hall. 5560 Hwy. 78. to hear a request from D.R. Horton Homes for a variance to the required 6 foot side yard building setback at 4406 Cedar Elm Lane. known ,IS LOI 7. Block i\1. in the ParkLike Esl<ltC:, Phase 4 Subdivisiull. ill order to allow a hume to be within 3 ft. lJ in. of a :ide property line. In addi- lion. the applicant IS requesting a variance on this same lot. to the 24- foot rear yard building set- back. in order to allow the home to be within 23ft. of the rear property line. The puhlic is invited to attend and make com- ments. 19-1 t-1370 Cj(j rI.Tf Ie \'S III e (//c)// (C)e c)upporJ OW' Jroops /n Jhe 7l d' r-7 . rIne Jorces THE WYLIE NEWS no N. Ballard 972-4"12-5515