Ordinance 1985-23A
"ZONING ORDINANCE 11 fS -;1014
FOR THE CITY OF WYLIE
A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS
REVISED EDITION
ADOPTED BY THE CITY COUNCIL OF THE CITY OF WYLIE
ON
MAY 7, 1985
REVISED AS OF AUGUST 1, 1986
SECTION 1
ENACTING CLAUSE
1.1 That the Zoning Ordinance of the City of Wylie,
Texas, as passed and approved on the 26th day of
March, 1981, together with all amendments thereto
is hereby amended in its entirety to read as
follows:
SECTION 2
PURPOSE
2.1 The Zoning Regulations and Districts as herein
established have been made in accordance with a
Comprehensive Plan for the purpose of promoting
the health, safety, morals and general welfare of
the City. They have been designed to lessen the
congestion in the streets; to secure safety from
fire, panic and other dangers; to provide adequate
light and air; to prevent the overcrowding of
land, to avoid undue concentration of population;
to facilitate the adequate provision of
transportation, water, sewerage, schools, parks
and other public requirements. They have been
made with reasonable consideration, among other
things, for the character of the district, and its
peculiar suitability for the particular uses
specified; and with a view to conserving the value
of buildings and encouraging the most appropriate
use of land throughout the City.
SECTION 3
ZONING DISTRICT ESTABLISHED
3.1 The City of Wylie, Texas, is hereby divided into
eleven (11) zoning districts. The use, height and
area regulations as set out herein shal1 be known
as:
1
ABBREVIATED
DESIGNATION
ZONING DISTRICT NAME
A
SF-l
SF-2
SF-3
2F
SF-A
MF
MH
R
B-1
B-2
I
PD
FP
S
Agricultural District
Single Family Residential - 1
Single Family Residential - 2
Single Family Residential - 3
Two Family Residential District
Single Family Attached (Townhouse)
Multi-Family Residential District
Mobile Home District
Retail District
Business District - 1
Business District - 2
Industrial District
Planned Development District
Flood Plain Prefix
Specific Use Permit
3.2 DEFINITION AND PURPOSE OF ZONING DISTRICTS
A. Agricultural District: This district provides
for the continuance of farming, ranching and
gardening activities on land now utilized for
these purposes. When land in the "A" category is
needed for urban purposes, it is anticipated the
zoning will be changed to the appropriate zoning
categories to provide for orderly growth and
development in accordance with the Comprehensive
PIan.
Once land in an "A" category has been placed into
another district, the intent of this ordinance is
that such land shall not be changed back to an "A"
category by any subsequent request for a change.
SF-I. Single Family Residential District: This
district wil1 permit a 10,000 square foot minimum
residential lot.
SF-2. Single Family Residential District: The SF-2
category provides for a minimum residential
building site of 8,000 square feet. Developments
under this district will have a 10w density and
development characteristics similar to those now
existing in most platted subdivisions.
SF-3 Single Family Residential
district will accomodate
residential developments with
public and private schools and
District - The SF-3
higher density
related churches,
open spaces.
2
2F Two Family Residential District: The 2F
dwelling district is provided for the purpose of
permitting transitional residential development.
This district shall be used for only two family
structures.
SF-A Single Family Residential District, Attached:
This district provides for attached single family
dwellings which are built greater than two units
per structure in a townhome configuration. The
maximum number of units per structure shal1 be
seven (7) and no unit shal1 be built above another
un i t.
MF Multiple Family Dwelling District: The MF
district permits multi-family developments of
densities not to exceed twenty (20) units per
acre. Regulations are designed to protect the
residential character and prevent overcrowding of
the land by providing minimum standards for
building spacing, yards, height, off-street
parking and lot coverage.
MH Mobile Home/Modular Home/Manufactured Housing
District: The MH district establishes a category
with appropriate standards for the development and
placement of mobile home units and modular home
units in a subdivision. See separate mobile home
park ordinance for park regulations.
R Retail: Retail developments are intended to be
developed under the standards of the Retail
District which set forth requirements for off-
street parking, building setback, height and
screening. Standards are designed to permit a
compatible relationship between the retail
development and adjacent residential areas.
B-1 Business District 1: The B-1 district
accommodates service and commercial uses which by
their nature of operation or use are generally not
compatible with uses in the R, Retail District.
B-2 Business District - 2: A use which requires
considerable space for display, sales or open
storage, or by the nature of the use is generally
not compatible with uses in the B-1 District are
located in the B-2 Business District.
3
I Industrial District: The Industrial District is
characterized by industrial development of
warehousing, distribution, manufacturing and non-
manufacturing industrial uses. Industrial uses
which are compatible when special consideration is
given to the design and operational
characteristics of the use are listed.
PD Planned Development District: The PD, Planned
Development District provides a zoning category
for the planning and development of larger tracts
of land for a single or combination of uses
requiring flexibility and variety in design to
achieve orderly development with due respect to
the protection of surrounding property. Uses, or
a combination of uses, include residential,
retail, office, medical and industrial areas.
FP Flood Plain District: zoning Districts located
in low lying flood plain areas along major streams
which are subject to periodic inundation may be
preceded by the prefix FP, indicating a sub-
district. Areas designated FP may be used only
for those uses listed in the provisions of Section
21 until the area or any portion thereof located
in FP sub-district has been approved by the City
Council. Approval shall only be given after
engineering studies determine that the area or any
portion thereof is suitable for uses in the
district and building construction or development
would not create an obstruction to drainage nor a
hazard to life or property and that such
construction is not contrary to the public
interest.
SECTION 4
ZONING DISTRICT MAP
4.1 THE BOUNDARIES OF THE ZONING DISTRICTS SET OUT
HEREIN ARE DELINEATED UPON THE ZONING DISTRICT MAP
OF THE CITY OF WYLIE, TEXAS, SAID MAP BEING HEREBY
ADOPTED AS A PART OF THIS ORDINANCE AS FULLY AS IF
THE SAME WERE SET FORTH HEREIN IN DETAIL.
Four (4) original, official
of the zoning District Map
bearing the signature of the
of the City Secretary and
maintained as follows:
and
are
Mayor
shall
identical copies
hereby adopted
and attestation
be filed and
4
a. Two copies shall be filed with the City
Secretary, one of which shall be retained as
the original record and shall not be changed
in any manner, and the second shall be
maintained up-to-date by posting thereon all
changes and subsequent amendments.
b. One copy shall be filed with the Building
Official and shall be maintained up-to-date
by posting thereon all changes and subsequent
amendments for observation in issuing
building permits, certificates of occupancy
and compliance and for enforcing the Zoning
Ordinance.
c. One copy shall be maintained in the records
of the Planning and zoning Commission for
reference purposes and shall be maintained
up-to-date by posting thereon all changes and
subsequent amendments.
d. Reproductions for information purposes may,
from time to time, be made of the official
Zoning District Maps. The map may be updated
as individual zoning requests are approved.
SECTION 5
ZONING DISTRICT BOUNDARIES
5.1 THE DISTRICT BOUNDARY LINES SHOWN ON THE ZONING
DISTRICT MAP ARE USUALLY ALONG STREETS, ALLEYS,
PROPERTY LINES OR EXTENSIONS THEREOF. WHERE
UNCERTAINTY EXISTS AS TO THE BOUNDARIES OF
DISTRICTS AS SHOWN ON THE OFFICIAL ZONING MAP, THE
FOLLOWING RULES SHALL APPLY:
5.2 Boundaries indicated as approximately following
streets, highways or alleys shall be construed to
follow the centerline of such street, highway or
alley.
5.3 Boundaries indicated as approximately following
platted lot lines shall be construed as following
such lines.
5.4
Boundaries indicated
city limits shall be
limits.
as approximately following
construed as following city
5.5 Boundaries indicated as following railroad or
utility lines shall be construed to be the
centerline of the right-of-way or if no centerline
is established, the boundary shall be interpreted
to be midway between the right-of-way lines.
5
5.6
5.7
5.8
5.9
5.l0
Boundaries indicated as approximately following
the centerlines of streams, drainage-ways or other
bodies of water shall be construed to follow such
centerlines.
Boundaries indicated as paralleled to or
extensions of features indicated in 5.1 through
5.6 above shall be so construed. Distances not
specifically indicated on the original zoning Map
shall be determined from the graphic scale on the
map.
Whenever any street, alley or other public way is
vacated by official action of the City Council, or
whatever street or alley area is franchised for
building purposes, the zoning district line
adjoining each side of such street, alley or other
public way shall be automatically extended to the
centerline of such vacated street, alley or way,
and all areas so involved shall then and
henceforth be subject to all regulations of the
extended districts.
Where physical features of the ground are at
variance with information shown on the official
zoning district map, or if there arises a question
as to how or whether a parcel of property is zoned
and such question cannot be resolved by the
application of sub-sections 5-1 through 5-8 or the
zoning of property is invalidated by a final
judgement of a court of competent jurisdiction,
the property shall be considered as classified
"A", Agricultural District, temporarily.
In an area determined to be temporarily classified
as "A", Agricultural District, no person shall
construct any building or add to or alter any
building or structure or cause the same to be done
nor shall any use be located therein or on the
land which is not permitted in an "A".
Agricultural District, unless and until such
territory has been classified in a zoning district
other than the "A", Agricultural District, by the
City Council.
6
SECTION 6
TEMPORARY ZONING - ANNEXED TERRITORY
6.1 ALL TERRITORY HEREINAFTER ANNEXED TO THE CITY OF
WYLIE SHALL BE TEMPORARILY CLASSIFIED AS "A",
AGRICULTURAL DISTRICT, UNTIL PERMANENT ZONING IS
ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF
WYLIE. THE PROCEDURE FOR ESTABLISHING PERMANENT
ZONING ON ANNEXED TERRITORY SHALL CONFORM TO THE
PROCEDURE ESTABLISHED BY LAW FOR THE ADOPTION OF
ORIGINAL ZONING REGULATIONS.
6.2
In an area temporarily
Agricultural District:
classified as
"All,
a. No person shall erect, construct or proceed
or continue with the erection or construction
of any building or structure or cause the
same to be done in any newly annexed
territory to the City of Wylie without first
applying for and obtaining a building permit
or certificate of occupancy from the building
official or the City Council as may be
required.
b. No permit for the construction of a building
or use of land shall be issued by the
Building Official other than a permit which
will allow the construction of a building
permitted in the "A", Agricultural District,
unless and until such territory has been
classified in a zoning district other than
the "A", Agricultural District, by the City
Council in the manner prescribed by law
except as provided in 6-2c. following.
c. An application for a permit for any other use
than that specified in paragraph b. above
shall be made to the building official of the
City of Wylie and by him referred to the
Planning and Zoning Commission for
consideration and recommendation to the City
Council and the action and recommendation of
each body concerning any such permit shall
take into consideration the appropriate land
use for the area. The City Council, after
receiving and reviewing the recommendations
of the Planning and Zoning Commission may, by
majority vote, authorize the issuance of a
building permit or certificate of occupancy
or may disapprove the application.
7
SECTION 7
COMPLIANCE REQUIRED
7.1 ALL LAND, BUILDINGS, STRUCTURES OR APPURTENANCES
THEREON LOCATED WITHIN THE CITY OF WYLIE, TEXAS,
WHICH ARE HEREAFTER OCCUPIED, USED, ERECTED,
ALTERED, REMOVED, PLACED, DEMOLISHED OR CONVERTED
SHALL BE OCCUPIED, USED, ERECTED, ALTERED,
REMOVED, PLACED, DEMOLISHED OR CONVERTED IN
CONFORMANCE WITH THE ZONING REGULATIONS PRESCRIBED
FOR THE ZONING DISTRICT IN WHICH SUCH LAND OR
BUILDING IS LOCATED AS HEREINAFTER PROVIDED.
SECTION 8
"A" - AGRICULTURAL DISTRICT
General Purpose and Description This district is
intended to provide a location for land situated
on the fringe of an urban area and used for
agricultural purposes, but then may become an
urban area in the future. Generally, "All
Agricultural District, will be near development;
therefore, the agricultural activities conducted
in the IIA" Agricultural District, should not be
deterimental to urban land uses. The types of
uses and the area and intensity of use permitted
in this district shall encourage and protect
agricultural uses until urbanization is warranted
and the appropriate change in district
classification is made.
8.0 Permitted Uses - A building or premise shall be
used only for the following purposes:
l.
S i ngle- f am ily
one (l) acre
dwellings can
utilities, or
building lot.
dwellings on building lots of
or more in areas where said
be adequately served by city
septic tanks located on the
2. All general and special agricultural,
farming, ranching, stables and related
accessory buildings, stock and poultry
raising, dairy, and other related uses so
long as same do not cause a hazard to health
by reason of unsanitary conditions; and not
offensive by reason of odors, dust, fumes,
noise or vibration; and are not otherwise
detrimental to the public welfare.
8
3. Public buildings, including libraries,
schools, churches, museums, auditoriums,
police and fire stations, parks and similar
public uses or facilities.
4. Telephone exchange provided no public
business and no repair or outside storage
facilities are maintained, gas lines and
regulating stations, electrical lines, local
utility lines.
5. Accessory buildings and structures clearly
incidental to the above operations, including
but not limited to barns, stables, equipment
sheds, granaries, private garages, pump
houses, and servants quarters not for rent,
provided that accessory buildings and
structures shall be limited to fifty (50)
percent of the gross land area.
6. Temporary metal buildings less than six
hundred (600) square feet which are used for
tool and supply storage.
7.
Greenhouse, green nursery
gardening activities.
and general
8. Riding Academy or other equestrian related
activities.
9. Sewage pumping station or treatment plant
(public operated).
10. Water reservoir, pumping station, well or
treatment plant (public operated).
11. Home occupation (for definition see Section
32. )
12. Stables, tennis courts, or swimming pool
(private) .
The following specific uses when granted in
accordance with Section 22:
l. Sand or gravel extraction or storage and
other mining activities.
2. Country clubs or golf courses and related
uses such as driving ranges but not including
similar forms of commercial amusement such as
miniature golf.
9
3. University, college or Parochial school and
related facilities.
4. Lodge or fraternal organization.
5. Broadcasting facilities including towers.
6. Animal pound, public or private.
7. Carnival or Circus (by resolution of City
Council for specific time period).
8. Construction office (by authority of the
building official for specific time periods).
9. Cemetery or mausoleum.
10. Charitable organizations other than churches.
11.
Asphalt or
(temporary) .
concrete
batching
plant
12. Day nursery, day camp or child care center.
13. Nursing home or residence home for aged.
14. Electric substation.
l5. Hospital.
16. Museum, library or art gallery.
17. Rodeo arena.
18. Airport, heliport or landing field.
19. Microwave tower.
20. Radio or television tower.
21. Guest home. detached.
8.1 Height Regulations - No building shall exceed
thirty (30) feet in height.
10
8.2 Area Regulations:
1. Size of Yards
a. Front Yard: There shall be a front yard
of not less than fifty (50) feet as
measured from the front property line.
b.
Side Yard: Fifteen (15)
width of the lot not to
(50) feet.
percent of the
exceed fifty
c.
Rear Yard: Twenty-five
main structure and ten
accessory buildings.
(25)
(10)
feet for
feet for
2. Size of Lot:
a. Lot Area: No 10t shall have an area of
less than one (1) acre.
b. Lot width: One hundred fifty (150) feet
minimum.
c. Lot Depth: Two hundred (200 ) feet
minimum.
3. Minimum Dwelling Size: The minimum floor area
of any dwelling shall be thirteen hundred
(1300) square feet exclusive of garages,
breezeways and porches.
4. Lot Coverage: In no case shall more than
fifteen (15) percent of the total area of the
lot be covered by the combined area of the
main buildings and accessory buildings.
8.3 Parking Regulations: Two (2) covered spaces
behind the front building line. Off-street
parking spaces shall be provided in accordance
with the requirements for specific uses set forth
in Section 23.
SECTION 9
"SF-I" - SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
11
9.0 Permitted Uses: A building or premise shall be
used only for the following uses:
l. Single-family dwellings.
2. Farms, nurseries, greenhouses or truck
gardens, limited to the propagation and
cultivation of plants, provided no retail or
wholesale business is conducted on the
premises.
3. Church or Rectory.
4. Parks, playgrounds, community buildings,
museums and other public recreational
facilities, owned and/or operated by the
municipality or other public agency; and
privately owned and maintained recreation
areas.
5. Public buildings, including libraries,
museums, police and fire stations and similar
public uses or facilities.
6.
Real estate
during the
subdivisions,
years.
sales offices
development
but not to
in model homes
of residential
exceed two (2)
7. Public schools or denominational
(kindergarten through high school).
8. Temporary buildings for uses incidental to
construction work on the premises, which said
buildings shall be removed upon the
completion or abandonment of construction
work. The building official shall determine
the appropriate time period for use on the
site.
9.
Publicly owned water supply
pumping plants and towers.
reservoirs,
10. Accessory buildings and uses, customarily
incident to the above uses and located on the
same lot therewith, not involving the conduct
of a retail business except as provided
herein:
12
a. The term accessory use shall include
customary home occupations as herein
defined. Accessory buildings, including
a private garage and bonafide servants
quarters, not for rent but for the use
of servants employed on the premises,
when located not less than sixty (60)
feet from the front lot line, nor less
than five (5) feet from either side
line, provided said accesssory building
shall not occupy more than fifty (50%)
percent of the minimum required rear
yard in the case of a one-story
building. When the accessory building
is directly attached to the main
building it shall be considered an
integral part of the main buildings.
When the accessory building is attached
to the main building by a breezeway, the
breezeway is considered a part of the
accessory building. Temporary metal
buildings less than four hundred (400)
square feet which are used for tool and
supply storage.
11. Telephone exchange provided no public
business and no repair or outside
storage facilities are maintained, gas
lines and regulating stations,
electrical lines and local utility
lines.
12.
Sewage treatment
operated) .
plant
(public
13. Swimming pool (private) constructed for
use of residents and located in required
rear or side yard. A pool shall not be
closer than five (5) feet to any
property line.
14. Water treatment plant.
l5. Non-commercial stables as an accessory
use to the housing of animals owned by
the resident and set back from adjacent
property lines a minimum distance of one
hundred (100) feet. An area of one-half
(l/2) acre shall be required for each
animal.
16.
Home occupation
Section 32).
(for definition see
l3
17. Tennis court (private)
18.
Batch plant,
construction when
Enforcement and
subdivision for
permitted.
temporary
permitted
1 imi ted
which
during
by Code
to the
they are
The following specific uses when granted
in accordance with Section 22:
1. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school
and related facilities (public or
private) .
4. Country club or golf course and related
uses such as driving ranges but not
including similar forms of commercial
amusement such as miniature golf.
5. Day nursery, day camp or child care
center.
6. Electric substation.
7. Hospi tal.
8. Museum, library or art gallery.
9. Post Office.
l0. Radio, television or microwave tower.
ll. Golf course, public.
13. Private club.
9.l Height Regulations: No buildings shall exceed
thirty (30) feet in height. Accessory buildings
or uses shall be a maximum of fifteen (15) feet.
l4
9.2 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a depth of not less than twenty-
five (25) feet as measured from the
front property line. Where lots have
double frontage, running through from
one street to another, the required
front yard shall be provided on both
streets. No required parking shall be
allowed within the required front yard.
There shall be a sixty (60) foot
(minimum) for all accessory buildings or
uses.
b. Side Yard: There shall be a side yard
on each side of the 10t having a width
of not less than eight (8) feet in
width. A side yard adjacent to a side
street shall not be less than twenty-
five (25) feet. No side yard for
allowable non-residential uses shall be
less than twenty-five (25) feet.
Minimum side yard for accessory uses
shall be five (5) feet from the property
line.
c. Rear Yard: There shall be a rear yard,
a depth of not less than twenty-five
(25) feet. Minimum rear yard for
accessory buildings shall be not less
than ten (10) feet from the property
line.
2. Size of Lot:
a. Lot Area: No building shall be
constructed on any lot of less than ten
thousand (l0,000) square feet.
b.
Lot Width:
(minimum) .
Seventy-five
(75)
feet
c. Lot Depth: One hundred twenty (120)
feet (minimum).
3. Minimum Dwelling Size: The minimum floor
area of any dwelling shall be one thousand
eight hundred (1800) square feet, exclusive
of garages, breezeways and porches.
l5
4. Lot Coverage: In no case shall more than
forty-five (45%) percent of the total lot
area be covered by the area of the main
building. A maximum total of sixty (60%)
percent may be covered including accessory
buildings, driveways and parking.
9.3 Parking Regulations: Two (2) covered, enclosed
parking spaces behind the front building line.
Off-street parking spaces shall be provided in
accordance with the requirements for specific uses
set forth in Section 23.
SECTION HI
"SF-2" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
10.1
Permitted Uses: A building or premise shall be
used only for the following purposes:
1. Any use permitted in the SF-l district.
The following specific uses when granted in
accordance with Section 22.
l. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school and
related facilities (public or private).
4.
Country club or
such as driving
similar forms of
miniature golf.
golf course and related uses
ranges but not including
commercial amusement such as
5. Day nursery, day camp or child care center.
6. Electric sub-station.
7. Museum, library or art gallery.
8. Post Office.
9. Radio, television or microwave tower.
10. Golf course, public.
ll. Private club.
10.2
Height Regulations: No building shall exceed
thirty (30) feet in height. Accessory uses of
buildings shall be a maximum of fifteen (15) feet.
l6
l0.3
Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a depth of not less than twenty-
five (25) feet as measured from the
front property line. Where lots have
double frontage, running through from
one street to another, the required
front yard shall be provided on both
streets. No required parking shall be
allowed within the required front yard.
A sixty (60) foot setback, from the
property line, is required for all
accessory buildings.
b. Side Yard: There shall be a side yard on
each side of the lot having a width of
not less than seven (7) feet in width
for all buildings. A side yard adjacent
to a side street shall be not less than
twenty (20) feet. No side yard for
allowable non-residential uses shall be
less than twenty-five (25) feet.
c. Rear Yard: There shall be a rear yard,
a depth of not less than twenty-five
(25) feet. Minimum rear yard for
accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a.
Lot Area:
constructed on
eight thousand
square feet.
No building shall
any 10t of less
five hundred
be
than
(8500)
b. Lot Width: The width of the lot shall
be not less than seventy (70) feet.
c.
Lot Depth:
feet.
One hundred twenty (120)
3. Minimum Dwelling Size: The minimum floor
area of any dwelling shall be fifteen hundred
(1500) square feet, exclusive of garages,
breezeways and porches.
l7
4. Lot Coverage: In no case shall more than
forty-five percent (45%) of the total lot
area be covered by the area of the main
buildings. A maximum of sixty percent (60%)
of the total lot may be covered by accessory
buildings, driveways and parking.
10.4
Parking Regulations: Two (2) covered, enclosed
spaces behind the front building line. Off-street
parking spaces shall be provided in accordance
with the requirements for specific uses set forth
in Section 23.
SECTION 11
"SF-3" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
11.1
Use Regulations: A building or premise shall be
used only for the following purposes.
1. Any use permitted in District "SF-III or "SF-
2".
The following specific uses when granted in
accordance with Section 22:
1. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school and
related facilities (public or private).
4.
Country club or
such as driving
similar forms of
miniature golf.
golf course and related uses
ranges but not including
commercial amusement such as
5. Day nursery, day camp or child care center.
6. Electric substation.
7. Museum, library or art gallery.
8. Post office.
9. Radio, television or microwave tower.
10. Golf courses, public.
11. Private club.
18
11.2
11.3
Height Regulations: No building shall exceed
thirty (30) feet in height. Accessory uses shall
be a maximum of fifteen (15) feet in height.
Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a depth of not less than twenty-
five (25) feet as measured from the
front building line. Where lots have
double frontage, running through from
one street to another, the required
front yard shall be provided on both
streets. No required parking shall be
allowed within the required front yard.
A sixty (60) foot setback is required
for all accessory uses.
b. Side Yard: There shall be a side yard
on each side of the lot having a width
of not less than six (6) feet. A side
yard adjacent to a side street shall be
not less than twenty (20) feet. No side
yard for allowable non-residential uses
shall be less than twenty-five (25)
feet.
c. Rear Yard: There shall be a rear yard,
a depth of not less than twenty-five
(25) feet. Minimum rear yard for
accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a.
Lot Area:
constructed on
seven thousand
feet.
be
than
square
No building shall
any 10t of less
two hundred (7200)
b. Lot Width: The width of the lot shall
be not less than sixty (60) feet at the
front street building line.
c. Lot Depth: The average depth of the lot
shall be not less than one hundred (100)
feet.
3.
Minimum Dwelling Size: The
area of any dwelling shall be
(1100) square feet, exclusive
breezeways and porches.
minimum floor
eleven hundred
of garages and
19
4. Lot Coverage: In no case shall more than
forty-five percent (45%) of the total lot
area be covered by the main building. Not
more than sixty percent (60%) of the total
lot may be covered by the main structure,
accessory buildings, driveways and parking.
11.4
Parking Regulations: Two (2) covered,
parking spaces per unit behind the front
line. Off-street parking spaces shall be
in accordance with the requirements for
uses set forth in Section 23.
enclosed
building
provided
specific
SECTION 12
"2F" TWO FAMILY RESIDENTIAL DISTRICT REGULATIONS
General Purpose and Description: The "2F-l"
district is intended to provide the opportunity to
have development which is two-family (duplex) in
character, but which encourages individual
ownership of all dwelling units. This is
permitted by dividing the typical duplex lot from
front to back, thus encouraging the sale of each
dwelling unit and the land upon which it sits, to
the occupant.
12.1
Use Regulations: A building or premise shall be
used only for the following purposes:
1. Two family residence (duplex).
2. Batch plant, temporary during construction
when permitted by Code Enforcement and
limited to the subdivision for which they are
permitted.
The following specific uses when granted in
accordance with Section 22:
l. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school and
related facilities (public or private).
4.
Country club or
such as driving
similar forms of
miniature golf.
golf course and related uses
ranges but not including
commercial amusement such as
5. Day nursery, day camp or child care center.
6. Electric substation.
20
12.2
12.3
7. Museum, library or art gallery.
8. Post office.
9. Radio, television or microwave tower.
l0. Golf course, public.
11. Private club.
Height Regulations: No building shall exceed
thirty (30) feet in height. Accessory buildings
shall not exceed fifteen (15) feet in height.
Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a required depth of not less than
twenty-five (25) feet as measured from
the front property line. No required
parking shall be allowed within the
required front yard. Accessory
buildings shall have a setback of sixty
(60) feet or greater.
b. Side Yard: There shall be a side yard
on each side of a structure of not less
than six (6) feet. A side yard adjacent
to a side street shall be not less than
twenty (20) feet. No side yard for
allowable non-residential uses shall be
less than twenty-five (25) feet.
c. Rear Yard: There shall be a rear yard
having a depth of not less than twenty-
f i ve ( 2 5 ) fee t . M i n i mum rea r ya r d for
accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a. Lot Area: No building shall be
constructed on any lot of less than
eight thousand five hundred (8500)
square feet or four thousand two hundred
fifty (4250) square feet per unit.
2l
12.4
b. Lots in the 2F District must be platted
in pairs such that a duplex unit may be
placed on each pair of lots. The
subdivision plat shall designate the
pairs of lots and which lot lines are to
be outside lot lines of each pair.
There shall be only one dwelling unit
per lot, and no dwelling unit shall
cross a lot line. No single-family
detached dwelling may be constructed on
one of the designated pair of lots.
c. Lot width: The width of the lot shall
be determined by the construction width
of individual dwelling units or dwelling
units considering side yards as required
above, but in no case shall the width of
a pair of lots be less than eighty (80)
feet (forty [40] feet per unit).
e. Lot Depth: The average depth of the lot
shall be not less than one hundred (100)
feet.
3.
Minimum Dwelling Size:
square feet.
Nine hundred (900)
4. Lot Coverage: In no case shall more than
forty-five percent (45%) of the total lot
area be covered by the combined area of the
main building. Calculation of forty-five
(45) percent shall be based on both the
complete lot and each half. Each calculation
shall be free-standing and must conform to
the maximum allowed. Accessory buildings,
driveways and parking may account for an
additional twenty percent (20%).
Parking Regulations: One (1) covered and enclosed
off-street parking space per unit behind the front
building line. Off-street parking spaces shall be
provided in accordance with the requirements for
specific uses set forth in Section 23.
SECTION 13
"SF-A" SINGLE FAMILY ATTACHED (TOWNHOUSE)
General Purpose andd Description: The SF-A
District is intended to provide for medium density
dwellings platted on individual lots. These
districts function as a buffer or transition
between major streets or non-residential areas or
higher density zones and lower density residential
areas.
22
13.1
13.2
Use Regulations: A building or premise shall be
used only for the following purposes:
l. Three (3) or more single family attached
dwelling units, provided that no more than
seven (7) dwelling units are attached in one
continuous row or group and provided that no
dwelling unit is constructed above another
unit.
2. Batch plant, temporary during construction
when permitted by Code Enforcement and
limited to the subdivision for which they are
permitted.
The following specific uses when granted in
accordance with Section 22:
1. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school and
related facilities (public or private).
4.
Country club or
such as driving
similar forms of
miniature golf.
golf course and related uses
ranges but not including
commercial amusement such as
5. Day nursery, day camp or child care center.
6. Electric substation.
7. Museum, library or art gallery.
8. Post office.
9. Radio, television or microwave tower.
10. Golf course, public.
11. Private club.
Height Regulations: No building shall exceed
thirty (30) feet. Accessory buildings shall not
exceed fifteen (15) feet in height.
23
13.3
Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a required depth of not less than
twenty-five (25) feet as measured from
the front property line. Required
parking shall not be allowed within the
required front yard.
b. Side Yard: There shall be a side yard
on each side of a continuous row or
group of dwellings of not less than ten
(10) feet. A side yard adjacent to a
side street shall not be less than
fifteen (15) feet. No side yard for
allowable non-residential uses shall be
less than twenty-five (25) feet.
c. Rear Yard: There shall be a rear yard,
a depth of not less than ten (10) feet;
however, a twenty (20) foot rear
building line shall be observed for a
structure, or portion of a structure,
accomodating the required off-street
parking spaces when the structure or
portion of a structure faces onto and
has vehicular access from a dedicated or
private alley.
2. Size of Lot:
a.
Lot Area: No
constructed on any
thousand (3000)
equivalent thereof,
building shall be
lot less than three
square feet, or
per dwelling unit.
b. Lot Width: The width of a lot shall be
not less than twenty-four (24) feet at
any point.
c. Lot Depth: The depth of a lot shall be
not less than one hundred (100) feet at
any point.
3. Minimum Dwelling Size: The minimum floor
area of any dwelling unit shall be one
thousand two hundred (1200) square feet,
exclusive of garages, breezeways and porches.
24
13.4
14.1
4.
Lot Coverage: In no case shall more
seventy percent (70%) of the total lot
be covered by the combined area of the
buildings and accessory buildings.
than
area
main
Parking Regulations: Two and one-half off-street
spaces per unit located behind the front building
line. Off-street parking spaces shall be provided
in accordance with the requirements for specific
uses set forth in Section 23.
In addition to the required off-street parking,
another 1/2 space behind the curb line per unit is
required for guest parking. These required spaces
are to be located within six hundred (600) feet of
the respective units.
SECTION 14
MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS
General Purpose and Description: The MF, Multiple
Family Dwelling District is a residential attached
district intended to provide for the highest
residential density not to exceed fifteen (15)
units per acre on a single story or twenty (20)
units per acre for multiple story configuration.
If the multi-story density of twenty (20) units
per acre is selected by the builder/developer he
shall be required to conform to the additional
fire protection requirements specified in Section
14.7. The principal use of land in this district
is for multiple-family dwellings, garden apartment
and boarding or rooming houses. The district is
usually located adjacent to a major street and
serves as a buffer or transition between
retail/commercial development or heavy automobile
traffic and medium or low density residential
development.
Use Regulations: A building or premise in the MF
district shall be used only for the following
purposes:
1. Multi-family dwelling (apartment building).
2. Nursing and convalescent homes.
3. Boarding or rooming houses.
4. Garden Apartments.
25
14.2
5. Accessory buildings and uses, customarily
incident to the above uses and located on the
same lot therewith, not involving the conduct
of a retail business.
6. Batch plant, temporary during construction
when permitted by Code Enforcement and
limited to the subdivision for which they are
permitted.
The following specific uses when granted in
accordance with Section 22:
1. Cemetery or mausoleum.
2. Charitable organization.
3. University, college or parochial school and
related facilities (public or private).
4.
Country club or
such as driving
similar forms of
miniature golf.
golf course and related uses
ranges but not including
commercial amusement such as
5. Day nursery, day camp or child care center.
6. Electric substation.
7. Museum, library or art gallery.
8. Post office.
9. Radio, television or microwave tower.
l0. Golf course, public.
11. Private club.
Height Regulations: No building shall exceed
thirty-five (35) feet. When buildings exceed one
(1) story in height, an automatic sprinkler system
shall be installed in accordance with existing
fire codes and each unit shall have two points of
entry or exit each providing separate access to a
place of safety during an emergency or fire.
26
14.3
Area Regulations:
1. Size of Yards:
a.
Front Yard: Twenty-five
minimum as measured from
property line. Sixty (60)
accessory buildings.
(25) feet
the front
feet for
b. Side Yard: There shall be a side yard
on each side of the lot having a width
of not less than eight (8) feet. There
shall be ten (10) feet separation
between buildings without openings
(windows) and fifteen (15) feet between
buildings with openings. A side yard
adjacent to a side street shall not be
less than fifteen (15) feet. No side
yard for allowable non-residential uses
shall be less than fifteen (15) feet.
If a side yard is adjacent to a single
family zoning district then paragraph
"d" shall apply.
c. Rear Yard: Twenty (20) feet minimum.
d. There shall be a total of sixty (60)
feet setback from the adjacent property
line for buildings in excess of one (1)
story in height when an MF district is
next to a single family zoning district
or single family use.
2. Size of Lot:
a. Lot Area: Three thousand (3000) square
feet per dwelling unit, or portion
thereof located on the first floor, with
a maximum density not to exceed fifteen
(15) units per acre for single story
construction. When the option of
maximum density at twenty (20) dwelling
units per gross acre is selected
compliance with increased fire
protection (see 14.7) is mandatory.
b. Lot Width: Eighty (80) feet minimum as
measured along the front building line.
c. Lot Depth: The average depth of the lot
shall be not less than one hundred
twenty (120) feet.
27
14.4
14.5
14.6
3. Minimum Dwelling Size: The minimum living
area for Multi-Family Dwelling Units, "MF"
shall be seven hundred fifty (750) square
feet.
4. Lot Coverage: In no case shall more than
forty-five percent (45%) of the total lot
area be covered by the combined area of the
main buildings and accessory buildings.
5. Minimum Building Site: In no case shall any
multi-family construction, regardless of size
or configuration, be allowed on any property
that is less than twenty-five thousand
(25,000) square feet in area.
Parking Regulations: Two and one-half (2-l/2)
spaces for each dwelling unit. Required parking
may not occur within the front yard. Off-street
parking spaces shall be provided in accordance
with the requirements for specific uses set forth
in Section 23.
Refuse Facilities: Every dwelling unit shall be
located within two hundred fifty (250) feet of a
refuse facility, measured along the designed
pedestrian and vehicular travel way. There shall
be available at all times at least six (6) cubic
yards of refuse container per thirty (30) multi-
family dwelling units. For complexes with less
than thirty (30) units, no less than four (4)
cubic yards shall be provided. Each refuse
facility shall be screened from view on three
sides from persons standing at ground level on the
site or immediately adjoining property, by an
opaque fence or wall of wood or masonry not less
than six (6) feet, no more than eight (8) feet in
height or by an enclosure within a building.
Refuse containers shall be provided and maintained
in a manner to satisfy local public health and
sanitary regulations. Each refuse facility shall
be located so as to provide safe and convenient
pickup by refuse collection agencies.
Border Fencing: Perimeter fencing of wood or
masonry construction, not less than six (6) high,
shall be installed, along the property line on any
perimeter not abutting a public street or right-
of-way at the time of construction by the builder
and maintained throughout the existance of the
multi-family unit by the owner/operator of the
multi-family unit.
28
14.7
Fire Protection Requirements for 20 UPA Density:
When the builder/developer selects the option for
higher density, each building constructed to these
standards shall include an automatic sprinkler
system to be installed at the time of construction
in accordance with currently adopted fire safety
codes. In addition, each unit shall be provided
with two points of entry and exit with each
providing separate access to places of safety in
the event of emergency or fire. These provisions
are automatic upon the selection of any multi-
story design regardless of density.
SECTION 15
"MH" MOBILE HOME, MANUFACTURED HOUSING, MODULAR HOUSING
DISTRICT REGULATIONS
GENERAL PURPOSE AND DESCRIPTION: The MH district
provides a zoning area for Mobile, Modular Home
or Manufactured Housing Subdivision and
manufactured housing/mobile home parks. These
subdivisions are described as areas where the lots
to be used for this purpose are intended for sale.
Mobile Home Parks (property which is rented or
leased for the purpose of being occupied by mobile
or modular home) are covered under separate
ordinance. The zoning requirement for either type
of intended use is a designation of MH and this
type of use, whether for rental or sale, is not
allowed in any other zoning designation. It must
also be noted that under no circumstances will a
mixture of these types of housing or use be
permitted in one subdivision or property; i.e., a
subdivision will consist entirely of one type,
mobile, modular or manufactured housing. No
combination will be permitted.
15.1
Use Regulations: A building or premise shall be
used only for the following purposes:
1. Mobile home park. Height and Area regulations
covered under separate ordinance. A park is
defined as unit of land under sole ownership
where lots are rented or leased as space to
be occupied by the described housing.
2. Modular home, HUD code manufactured housing
or mobile home subdivision. Where land is
developed along ordinary subdivision
characteristics and is intended for sale to
individual property owners of each lot within
the subdivision.
29
15.2
15.3
The following specific uses when granted in
accordance with Section 22.
l. Accesory buildings to a mobile home park,
including office and/or maintenance buildings
for management and maintenance of the mobile
home park only, recreation buildings and
swimming pools, private clubs, laundry
facilities and storage facilities for use of
the residents of the mobile home park and
open recreation areas.
2. Electric substation.
3. Radio, television or microwave tower.
4. Cemetery or mausoleum.
5. Private school.
6. Day nursery, day camp or child care center.
7. Golf course, public.
Height Regulations: No building shall exceed
thirty (30) feet in height. Accessory uses shall
be a maximum of fifteen (15) feet in height.
Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard
having a depth of not less than twenty-
five (25) feet as measured from the
front building line. Where lots have
double frontage, running through from
one street to another, the required
front yard shall be provided on both
streets. No required parking shall be
allowed within the required front yard.
A sixty (60) foot setback is required
for all accessory uses.
b. Side Yard: There shall be a side yard
on each side of the lot having a width
of not less than six (6) feet. A side
yard adjacent to a side street shall be
not less than twenty (20) feet. No side
yard for allowable non-residential uses
shall be less than twenty-five (25)
feet.
30
15.4
15.5
c. Rear Yard: There shall be a rear yard,
a depth of not less than twenty-five
(25) feet. Minimum rear yard for
accessory buildings shall be not less
than ten (10) feet.
2. Size of Lot:
a.
Lot Area:
constructed on
seven thousand
feet.
No building shall be
any lot of less than
two hundred (7200) square
b. Lot Width: The width of the 10t shall
be not less than sixty (60) feet at the
front street building line.
c. Lot Depth: The average depth of the lot
shall be not less than one hundred (100)
feet.
3.
minimum floor
one thousand
of garages and
Minimum Dwelling Size: The
area of any dwelling shall be
(1000) square feet, exclusive
breezeways and porches.
4. Lot Coverage: In no case shall more than
forty-five percent (45%) of the total lot
area be covered by the main building. Not
more than sixty percent (60%) of the total
lot may be covered by the main structure,
accessory buildings, driveways and parking.
Parking Regulations: Two (2) covered parking
spaces per unit behind the front building line.
Off-street parking spaces shall be provided in
accordance with the requirements for specific uses
set forth in Section 23.
Additional Restrictions Applicable to MH District:
1. 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
(Article 5221f, Vernon's Texas Civil
Statutes) and all manufactured housing will
be subject to inspection by the Building
Official.
31
l6.1
2. All manufactured housing within a subdivision
shall be set on solid slab structure or pier
and beam foundation. Additional rooms in a
subdivision such as enclosed porches, etc.,
shall be constructed on a solid slab.
3.
Accessory buildings will
manufactured or constructed
with city codes.
be either
in accordance
SECTION 16
"R" RETAIL DISTRICT
General Purpose and Description: The "R" Retail
District is intended for neighborhood shopping
facilities which provide limited business service
and office facilities predominately for the
convenience of residents of the community.
Use Regulations: A building or premise shall be
used only for the following purposes:
1. Banks or Savings and Loans.
2. Clinic, medical or dental.
3. Laboratory, medical or dental.
4. Office, general.
5. Optical shop.
7. Studio, art, music, drama, speech.
8. Letter, mimeograph and printing shop - retail
only.
9. Garden shop and plant sales, inside.
10. veterinarian office, no hospital.
11. Florist shop.
12. Antique shop, enclosed.
13. Bakery or confection shop, retail.
14. Barber or beauty shop.
l5. Book, camera or card shop.
l6. Clothing and apparel store.
17. Cleaning and laundry pick-up station.
32
18. Discount, variety or department store.
19. Drug store.
20. Drapery, needlework or weaving shop.
21. Food store.
22. Furniture and appliance.
23. Handicraft or hobby shop.
24. Key shop.
25. Laundry or dry cleaning, self service.
26. Health studio.
27. Paint, wallpaper and hardware.
28. Personal service shop.
29. Photography studio.
30. Shoe repair.
31. Restaurant without drive-in service.
32. Tool rental (inside only).
33. Auto parts and accessories, new.
34. Gasoline service station or car care center.
35. Bus station.
36. Motion picture theatre, indoor.
37. Hotel or motel.
38. Public buildings including fire stations and
library.
39. Commercial radio or television transmitting
tower.
40. Water reservoirs, pumping plants and wells.
4l. Telephone or utility business office.
42.
Telephone exchange,
transmitting equipment.
switching
and
43. Sewage pumping or lift station.
33
44. Church or rectory.
45. School, private or public.
46. Day nursery, day camp or child care center.
47. Hospital.
48. Lodge or fraternal organization.
49. Nursing home or residence home for aged.
50. Electrical transmission lines and substation.
5l. Other general retail sales of similar nature
and character provided that the business
establishment is subject to the following
conditions:
a. That it be conducted wholly within an
enclosed building.
b.
That required yards not
display, sale or storage
or for the storage
equipment, containers or
be used for
of merchandise,
of vehicles,
waste material.
c.
That all merchandise be
on the premises.
sold at retail
d.
That such use
because of odor,
dust, noise,
nuisance.
not be objectionable
excessive light, smoke,
vibration or similar
The following specific uses when granted in
accordance with Section 22:
1. Airport, heliport or landing field.
2. Broadcasting facilities, radios, television
or microwave tower.
3. Cemetery or mausoleum.
4. School, commercial, trade or craft.
5. Golf course, private.
6. Private club.
7. Rodeo or other sports arena.
34
16.2
16.3
Height Regulations: No building shall exceed one
hundred (100) feet, except cooling towers, roof
gables, chimneys, vent stacks or mechanical
equipment rooms may project, not to exceed twelve
(12) feet beyond maximum building height.
Area Regulations:
1. Size of Yards:
a. Front Yard: Minimum required setback,
twenty-f i ve (25) feet measured from
front property line. Accessory
buildings shall have a sixty (60) foot
front yard.
b.
Side Yard: (Adjacent
different use property
required, ten (10) feet.
to a street or
line); minimum
c. Rear Yard: A dedicated alley or private
drive shall be required behind each lot
or tract and the minimum rear yard
setback shall be twenty (20) feet for
any building or structure. When an
alley is not required, a masonry or wood
wall of a minimum height of six (6) feet
shall be constructed adjacent to the
rear property line to provide a barrier
between the adjoining use.
d. Special Side or Rear Yard Requirement:
When a non-residential zoned lot or
tract abuts upon a zoning district
boundary line dividing the lot or tract
from a residentially zoned lot or tract,
a minimum side yard of ten (10) feet
shall be provided on the non-residential
property. A masonry or wood wall having
a minimum height of six (6) feet above
the average grade of the residential
property shall be constructed on the
non-residential property adjacent to the
common side (or rear) property line.
2. Size of Lot:
a. Lot Area: None
b. Lot Width: None
c. Lot Depth: None
35
16.4
17.1
3.
Lot Coverage: In no case
forty-five percent (45%) of
covered by buildings.
shall more than
the lot area be
Parking Regulations: Off-street parking and
loading shall be provided as set forth in Section
23.
SECTION 17
"B-1" BUSINESS DISTRICT REGULATIONS
General Purpose and Description: The "B-1"
Business District is intended predominately for
commercial activities of service nature which
typically have operating characteristics (limited
outside or open storage) or traffic service
requirements of greater intensity than retail
shopping and residential environments.
Use Regulations: A building or premise shall be
used only for the following purposes.
l. Use permitted in the "RII Retail District.
2. Medical appliances, fitting and sales.
3. Mortuary or funeral home.
4. Feed store.
5. Restaurant with drive-in service.
6.
Secondhand store,
indoors.
furniture or clothing,
7. Quick service food or beverage shop.
8. Auto laundry.
9. Auto glass, muffler and seat cover.
l0. Automobile or motorcycle sales (indoor).
11. Building materials sales.
12.
Radio, appliance,
equipment repair.
lawn
television
and
13. Furniture repair.
14. Cabinet shop.
l5. Job printing.
36
17.2
17.3
16. Newspaper or commercial printing.
17. plumbing, heating and air conditioning shops.
18. Radio, television or microwave tower.
19. Limited warehousing and distribution.
(Including "mini" or convenience warehouse.)
The following specific uses when granted in
accordance with Section 22:
1. Airport, heliport or landing field.
2. Cemetery.
3. Commercial amusements, indoor.
4. Golf course, private.
5. Private club.
6. Open storage, fenced.
7. Rodeo or other sports arena.
Height Regulations: No building shall exceed one
hundred (100) feet, except cooling towers, roof
gables, chimneys, vent stacks or mechanical
equipment rooms may project not to exceed twelve
(12) feet beyond maximum building height.
Area Regulations:
l. Size of Yard:
a.
Front Yard:
twenty (20)
be set back
feet.
Minimum required setback,
feet. Accessory uses must
a minimum of sixty (60)
b.
Side Yard: (Adjacent to a
different use property line):
required, ten (10) feet.
street or
Minimum
c. Rear Yard: A dedicated alley or private
drive shall be required behind each lot
or tract and the minimum rear yard
setback shall be twenty (20) feet for
any building or structure. When
adjacent to or abuts a residential use a
masonry or wood wall of a minimum height
of six (6) feet shall be constructed
adjacent to the rear property line to
37
17.4
18.1
provide a barrier between the adjoining
use.
d. Special Side or Rear Yard Requirement:
When a non-residential zoned lot or
tract abuts upon a zoning district
boundary line dividing the lot or tract
from a residentially zoned lot or tract,
a minimum side yard of ten (10) feet
shall be provided on the non-residential
property. A masonry or wood wall having
a minimum height of six (6) feet above
the average grade of the residential
property shall be constructed on the
non-residential property adjacent to the
common side (or rear) property line.
2. Size of Lot:
a. Lot Area: None
b. Lot Width: None
c. Lot Depth: None
3. Lot Coverage: In no case shall more than
fifty percent (50%) of the lot area be
covered by buildings.
Parking Requirements: Off street parking
requirements shall be provided in accordance with
Section 23.
SECTION 18
"B-2" BUSINESS DISTRICT REGULATIONS
General Purpose and Description: The "B-2"
Business District is intended to provide a zoning
category similar to the "B-1" District with
additional uses permitted which are not generally
carried on completely within a building or
structure and an expanded range of service and
repair uses.
Use Regulations: A building or premise shall be
used only for the following purposes:
1. Uses permitted in the B-1 Business District
and R Retail District.
2. Public or private utility shop or maintenance
area with shop buildings and material
storage.
38
3. Amusement enterprises for general public but
not including drag strips, auto, motorcycle,
or go-cart racing.
4. Animal clinic or hospital with outside runs.
5. Plant nursery or greenhouse.
6. Commercial stables.
7. Kennels with outside run.
8. Tool and trailer rental, outside storage.
9. Automobile or motorcycle sales, new or used.
10. Automobile repair garage.
11. Automobile painting or body shop.
12. Automobile storage or sales lot.
13. Mobile home sales.
14. Truck parking lot or garage.
15. Bakery and confectionary.
16. Bottling plant.
17. Dry cleaning plant or laundry.
18. Engine or motor repair.
19. Machinery sales.
20. Machine or welding shop.
21. Motor freight terminal.
22. Lumber yard.
23. Maintenance or contractor yard.
24. Tennis courts, private.
The following specific uses when granted in
accordance with Section 22:
I. Airport, heliport or landing field.
2. Cemetery or mausoleum.
3. Commercial amusement, indoor.
39
18.2
18.3
4. Golf course, private or public.
5. Private club.
6. Rodeo or other sports arena.
7. Theatre, drive-in.
8. Animal pound, public or private.
Height Regulations: One hundred (100) feet or
height permitted under floor area ratio (see floor
area ratio).
Area Regulations:
1. Size of Yard:
a.
Front Yard:
twenty (20)
be set back
feet.
Minimum required set-back
feet. Accessory uses must
a minimum of sixty (60)
b.
Side Yard (adjacent to
property line): Minimum
(10) feet.
a street or
required, ten
c. Rear Yard: A dedicated alley or private
drive shall be required behind each lot
or tract and the minimum rear yard
setback shall be twenty (20) feet for
any building or structure. When
adjacent to or abutting a residential
use, a masonry or wood wall of a minimum
height of six (6) feet shall be
constructed adjacent to the rear
property line to provide a barrier
between the adjoining use.
d. Special Side or Rear Yard Requirement:
When a non-residential zoned lot or
tract abuts upon a zoning district
boundary line dividing the lot or tract
from a residentially zoned lot or tract,
a minimum side yard of ten (l0) feet
shall be provided for on the non-
residential property. A masonry or wood
wall having a minimum height of six (6)
feet above the average grade of the
residential property adjacent to the
common side (or rear) property line.
40
19.1
2. Size of Lot:
a. Lot Area: None
b. Lot Width: None
c. Lot Depth: None
3. Lot Coverage: In no case shall more than
fifty percent (50%) of the lot area be
covered by bu ildi ngs.
18.4 Parking Requirements: Off street parking
requirements shall be provided in accordance with
Section 23.
SECTION 19
"I" INDUSTRIAL DISTRICT
General Purpose and Description:
Industrial District is intended to
commercial and manufacturing uses.
The
provide
"I"
for
Use Regulations: The following uses are permitted
in the "I" District, provided that such
manufacturing or industrial operation shall not
disseminate dust, fumes, gas, noxious odor, smoke,
glare, or other atmospheric influence beyond the
boundaries of the property. In addition, such use
shall produce no noise exceeding in intensity at
the boundary of the property, the average
intensity of noise of street traffic, and provided
that such use does not create fire hazards on
surrounding property.
1. Any use permitted in the B-2 Business
District, B-1 Business District and R Retail
District except child care facilities,
hospitals, nursing home, schools (other than
trade) .
2. Stables, private.
3. Swimming pool, commercial or private.
4. Animal pound, public or private.
5. Warehouse and enclosed storage.
6. Light fabrication and assembly processes
facilities for the manufacturing,
fabrication, processing, or assembly of
products; provided that such facilities are
41
completely enclosed and provided that such
facilities are completely enclosed and
provided that no effects from noise, smoke,
glare, vibration, fumes or other
environmental factors are measurable at the
property line.
7. Manufacturing processes all other
facilities for the manufacturing, fabrication
processing or assembly of products; provided
that such facilities are not detrimental to
the public health, safety or general welfare
and provided that the following performance
standards and city ordinances are met:
a. Smoke: No operation shall be conducted
unless it conforms to the standards
established by State health rules and
regulations pertaining to smoke
emission;
b. Particulate Matter: No operation shall
be conducted unless it conforms to the
standards established by State health
rules and regulations pertaining to
emission of particulate matter;
c. Dust, Odor, Gas, Fumes, Glare, or
Vibration: No emission of these matters
shall result in a concentration at or
beyond the property line which is
detrimental to the public health, safety
or general welfare or which causes
injury or damage to property; or as said
emissions conform to the standards
established by State health rules and
regulations pertaining to said
emissions:
d. Radiation Hazards and Electrical
Disturbances: No operation shall be
conducted unless it conforms to the
standards established by State health
rules and regulations pertaining to
radiation control.
e. Noise: No operation shall be conducted
in a manner so that any noise produced
is objectionable due to intermittence,
beat frequency or shrillness. Sound
levels of noise at the property line
shall not exceed 75 DB (A) permitted for
a maximum of fifteen (15) minutes in any
one (1) hour; or as said operation
42
19.2
19.3
conforms to the standards established by
State health rules and regulations or
other city ordinances pertaining to
noise; and
f. Water Pollution: No water pollution
shall be emitted by the manufacturing or
other processing. In a case in which
potential hazards exist, it shall be
necessary to install safeguards
acceptable to the appropriate State
health and environmental protection
agencies.
8. The following specific uses when granted in
accordance with Section 22:
a. Airport, heliport or landing field.
b. Cemetery or mausoleum.
c. Commercial amusements, indoor.
d. Golf course, public.
e. Private club.
f. Other manufacturing and industrial uses
which are within the following
categories:
(1) Uses which do not meet the general
definition for manufacturing
processes may be permitted by the
City Council after public hearing
and review of the operational
characteristics and other pertinent
data affecting the community's
general welfare. Approval of uses
under this definition shall be made
in accordance with Section 22.
Height Regulations: Maximum height one hundred
(100) feet, except cooling towers, roof gables,
chimneys, vent stacks or mechanical equipment
rooms may project not to exceed twelve (12) feet
beyond maximum building height.
Area Regulations:
1. Size of Yards:
a.
Front Yard:
(20) feet.
Minimum required, twenty
43
b. Side Yard: Minimum on a corner lot
adjacent to a street shall be twenty
(20) feet. When the industrial district
is adjacent to any residential district,
a minimum side yard of twnety (20) feet
shall be observed and a six (6) foot
masonry or wood wall shall be
constructed adjacent to the industrial
district's property line.
c. Rear Yards: None, unless adjacent to a
residential district, then a twenty (20)
foot rear setback shall be observed,
with a six (6) foot masonry or wood
fence shall be constructed adjacent to
the Industrial district's property line.
2.
Size of Lot:
a. Lot Area: None specified.
b. Lot Width: None specified.
c. Lot Depth: None specified.
3. Lot Coverage: In no case shall more than
fifty (50) percent of the lot area be covered
by the main building and accessory buildings.
19.4 Parking Regulations: Required off-street parking
shall be provided in accordance with the specific
uses set forth in Section 23.
SECTION 20
"PD" PLANNED DEVELOPMENT DISTRICT PREFIX
General Purpose and Description: The Planned Development
District "PD" prefix is intended to provide for combining
and mixing of uses allowed in various districts with
appropriate regulations, and to permit growth flexibility in
the use and design of land and buildings in situations where
modification of specific provisions of this ordinance is not
contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will
not be harmful to the neighborhood. A "PD" District may be
used to permit new and innovative concepts in land
utilization.
While great flexibility is given to provide special
restrictions which will allow development not otherwise
permitted, procedures are established herein to insure
against misuse of the increased flexibility.
44
20.1 Permitted Uses: Any uses shall be permitted if
such use is specified in the ordinance granting a
Planned Development District. The size, location,
appearance and method of operation may be
specified to the extent necessary to insure
compliance with the purpose of this ordinance.
Development Requirements:
1. Development requirements for each separate PD
District shall be set forth in the ordinance
granting the PD District and may include, but not
to be limited to; uses, density, lot area, lot
width, lot depth, yard depths and widths, building
height, building elevations, coverage, floor area
ratio, parking, access, screening, landscaping,
accessory buildings, signs, lighting, management
associations, and other requirements as the City
Council and Planning & Zoning Commission may deem
appropriate.
2. In the PD District, if uses conform to the
standards and regulations of the Zoning District
to which it is most similar, the particular
district must be stated in the granting ordinance.
All applications to the City shall list all
requested variances from the standard requirements
set forth throughout this ordinance (applications
without this list will be considered incomplete).
3. The ordinance granting a PD District shall include
a statement as to the purpose and intent of the PD
granted therein. A specific list is required of
variances in each district or districts and a
general statement for citing the reason for the PD
request.
4. The Planned Development District shall conform to
all other sections of the ordinance unless
specifically excluded in the granting ordinance.
5.
The minimum acreage
request shall be five
for
(5)
a Planned
acres.
Development
20.2
ESTABLISHING A PLANNED DEVELOPMENT DISTRICT
In establishing a Planned Development District in
accordance with this section, the City Council
shall approve and file as part of the amending
ordinance, appropriate plans and standards for
each Planned Development District. During the
review and public hearing process, the Planning &
Zoning Commission and City Council shall require a
Conceptual Plan and/or a Development Plan.
45
1. Conceptual Plan: This plan shall be submitted by
the applicant. The plan shall show the
applicant's intent for the use of the land within
the proposed Planned Development District in a
graphic manner and, as may be required, supported
by written documentation of proposals and
standards for development.
a. A Conceptual plan for residential land use
shall show general use, thoroughfares and
preliminary lotting arrangements. For
residential development which does not
propose platted 10ts, the Conceptual Plan
shall set forth the size, type and 10cation
for buildings and building sites, access,
density, building height, fire lanes,
screening, parking areas, landscaped areas
and other pertinent development data.
b. A Conceptual Plan for uses other than
residential uses shall set forth the land use
proposals in a manner to adequately
illustrate the type and nature of the
proposed development. Data which may be
submitted by the applicant, or required by
the Planning & Zoning Commission or City
Council, may include but is not limited to
the types of uses(s), topography and boundary
of PD area, physical features of the site,
existing streets, alleys and easements,
location of future public facilities,
building height and location, parking ratios
and other information to adequately describe
the proposed development and to provide data
for approval which is to be used in drafting
the final development plan.
c. Changes of detail which do not alter the
basic relationship of the proposed
development to adjacent property and which do
not alter the uses permitted or increase the
density, building height or coverage of the
site, or which do not decrease the off-street
parking ratio or reduce the yards provided at
the boundary of the site or does not
significantly alter the landscape plans as
indicated on the approved Conceptual plan may
be authorized by the City Manager or his
designated representative.
2. Development Plan or Detailed Site plan: This plan
shall set forth the final plans for development of
the Planned Development District and shall conform
to the data presented and approved on the
46
Conceptual Plan. Approval of the Development Plan
shall be the basis for issuance of a building
permit. The Development Plan may be submitted for
the total area of the PD or for any section or
part as approved on the Conceptual Plan. If the
initial presentation is a Conceptual Plan, the
Development Plan must be approved by the Planning
& Zoning Commission and City Council, but a public
hearing is not required.
The Development Plan shall include, but not be
1 i m i t ed to:
a. A site inventory analysis including a scale
drawing showing existing vegetation, natural
water courses, creeks or bodies of water and
an analysis of planned changes in such
natural features as a result of the
development. This shall include a
delineation of any flood prone areas.
b. A scale drawing showing any proposed public
or private streets and alleys; building sites
or lots; and areas reserved as parks,
parkways, playgrounds, utility easements,
school changes; the points of ingress and
egress from existing streets; general
location and description of existing and
proposed utility services, including size of
water and sewer mains; the location and width
for all curb cuts and the land area of all
abutting sites and the zoning classification
thereof on an accurate survey of the tract
with a topographical contour interval of not
more than five (5) feet.
c. A site plan for proposed building complexes
showing the location of separate building,
and between buildings and property lines,
street lines and alley lines. Also to be
included on the site plan is a plan showing
the arrangement and provision of off-street
parking.
d. A landscape plan showing screening walls,
ornamental planting, wooded areas and trees
to be planted.
e. An architectural plan showing elevations and
signage style to be used throughout the
development may be required by the Planning &
Zoning Commission or City Council if deemed
appropriate.
47
Any or all of the required
on a single drawing if one
evaluated by the City
representatives.
information may be incorporated
drawing is clear and can be
Manager or his designated
3. All Development plans may have supplemental data
describing standards, schedules or other data
pertinent to the development of the Planned
Development District which is to be included in
the text of the amending ordinance.
Procedures for establishing a Planned Development
District shall follow the procedure for zoning
amendments as set forth in Section 34. This
procedure is further expanded as follows for
approval of Conceptual and Development Plans.
a. Separate public hearings shall be held by the
Planning & Zoning Commission and the City
Council for the approval of the Conceptual
Plan.
b. The developer may choose to submit a
Development Plan in lieu of a Conceptual
Plan. In that case, public hearings before
the Planning & Zoning Commission and the City
Council will be required as if it were a
Conceptual Plan.
c. The ordinance establishing the Planned
Development District shall not be approved
until the Development Plan is approved.
1. The Development plan may be approved in sections.
When the plan is approved in sections, then
separate approvals by the Planning & Zoning
Commission and City Council for the initial and
subsequent sections will be required.
2. An initial Development Plan shall be submitted for
approval within six (6) months from the approval
of the Conceptual plan or for some portion of the
concept plan. If the Development Plan is not
submitted within six (6) months, the Concept Plan
is subject to reapproval by the Planning & Zoning
Commission and City Council. If the entire
project is not completed within two (2) years, the
Planning & Zoning Commission and City Council may
review the original Concept plan to ensure its
continued validity.
3. The Development Plan shall be approved by the
Planning & Zoning Commission and City Council.
48
20.3
20.4
20.5
21.1
When a PD is being considered, a written report
may be requested of the City Manager discussing
utilities, electric, sanitation, building
inspection, tax, police, fire and traffic and
written comments from the applicable public school
district and from private utilities may be
submitted to the Planning & Zoning Commission
prior to the Commission making any recommendations
to the Council.
All Planned Development Districts approved in
accordance with the provisions of this ordinance
in its original form, or by subsequent amendments
thereto, shall be referenced on the Zoning
District map, and a list of such Planned
Development Districts, together with the category
of uses permitted therein, shall be maintained in
the appendix of this ordinance.
Planned Development Ordinances Continued: Prior to
adoption of this ordinance, the City Council had
established various Planned Development Districts,
some of which are to be continued in full force
and effect. The ordinances or parts of ordinances
approved prior to this ordinance shall be carried
forth in full force and effect and are the
conditions, restrictions, regulations and
requirements which apply to the respective Planned
Development Districts shown on the Zoning Map at
the date of adoption of this ordinance.
SECTION 21
"FP" - FLOOD PLAIN DISTRICT
FLOOD PLAIN PREFIX TO DISTRICT DESIGNATION
General Purpose and Description: To provide for
the appropriate use of land which has a history of
inundation or is determined to be subject to
flood hazard, and to promote the general welfare
and provide protection from flooding portions of
certain districts are designated with a Flood
Plain Prefix, FP. Areas designated on the Zoning
District Map by an FP Prefix shall be subject to
the following provisions:
Permitted Uses: The permitted uses in that
portion of any district having a Flood Plain, FP
prefix shall be limited to the following:
1. Agricultural activities including the
ordinary cultivation or grazing of land and
49
21.2
21.3
21.4
legal types of animal husbandry but excluding
construction of barns or other out buildings.
2. Off-street parking incidental to any adjacent
main use permitted in the district.
3. Electrical substation.
4. All types of local utilities including those
requiring specific use permits.
5. Parks, community centers, playgrounds, public
golf courses (no structures), and other
recreational areas.
6. Private open space as part of a Planned
Residential Development.
7. Heliport when approved by specific use permit
as provided in Section 22.
8. Structures, installations and facilities
installed, operated and maintained by public
agencies for flood control purposes.
9. Bridle trail, bicycle or nature trail.
No building or structure shall be erected in that
portion of any district designated with a Flood
Plain, FP, prefix until and unless such building
or structure has been approved by the City Council
after engineering studies have been made and is
ascertained that such building or structure is not
subject to damage by flooding and would not
constitute an encroachment, hazard, or obstacle to
the movement of flood waters and that such
construction would not endanger the value and
safety of other property or the public health and
welfare.
Any dump, excavation, storage, filling or mining
operation within that portion of a district having
a Flood Plain, FP, prefix shall be approved in
writing by the City Manager or his designated
representative before such operation is begun.
An area may be removed from the Flood Plain, FP,
prefix designation when by the provision of
drainage works, grading, flood protection, or
specific drainage study, it is determined by the
city's engineer, the City Council by resolution
may remove, alter or change the flood plain
boundary on the Zoning District Map for any
district.
50
21.5
22.l
22.2
The fact that land is not within a district having
a Flood Plain, FP, prefix shall not be interpreted
as assurance that such land or area is not subject
to periodic local flooding and the designation of
the prefix in this ordinance shall not be so
interpreted.
SECTION 22
"s" - SPECIFIC USE PERMITS
Specific Uses: The City Council by an affirmative
vote may after public hearing and proper notice to
all parties affected and after recommendations
from the Planning and Zoning Commission that the
use is in general conformance with the Master plan
of the city and containing such requirements and
safe guards as are necessary to protect adjoining
property, authorize application and shall be
accompanied by a site plan drawn to scale and
showing the general arrangements of the project,
together with essential requirements such as off-
street parking facilities; size, height,
construction materials and locations of buildings
and the uses to be permitted; location and
construction of signs; means of ingress and egress
to public streets; the type of visual screening
such as walls, plantings and fences; and the
relationship of the intended use to all existing
properties and land uses in all directions to a
minimum distance of two hundred (200) feet. The
Planning Commission or City Council may require
information, operating data and expert evaluation
concerning the location and function and
characteristics of any building or use proposed.
Specific Use Permit Regulations:
1. In recommending that a specific use permit
for the premises under consideration be
granted, the Planning and Zoning Commission
shall determine that such uses are harmonious
and adaptable to building structures and uses
of abutting property and other property in
the vicinity of the premises under
consideration and shall make recommendations
as to requirements for the paving of streets,
alleys and sidewalks, means of ingress and
egress to public streets, provisions for
drainage, adequate off-street parking,
protective screening and open space, heights
of structures and compatibility of buildings.
51
2. In granting a Specific Use Permit, the City
Council may impose conditions which shall be
complied with by the owner or grantee before
a certificate of occupancy may be issued by
the building inspector for use of the
building on such property pursuant to such
Specific Use Permit; and such conditions
precedent to the granting of the certificate
of occupancy.
3. No specific use permit shall be granted
unless the applicant, owner, and grantee of
the specific use permit shall be willing to
accept and agree to be bound by and comply
with the written requirements of the specific
use permit, as attached to the site plan
drawing (or drawings) and approved by the
Planning and Zoning Commission and City
Council. No public hearing is necessary for
site plan approval.
4. The Board of Adjustment shall not have
jurisdiction to hear, review, reverse or
modify any decision, determination, or ruling
with respect to the granting, extension,
revocation, modification or any other action
taken relating to such specific use permit.
5. Whenever regulations or restrictions imposed
by this ordinance are either more or less
restrictive than regulations imposed by any
governmental authority through legislation,
rule or regulation, the regulations, rules or
restrictions which are more restrictive or
impose higher standards or requirements shall
govern. Regardless of any other provision of
this ordinance, no land shall be used and no
structure erected or maintained in violation
of any State or Federal pollution control or
environomental protection law or regulation.
6. When the City Council authorizes granting of
a Specific Use Permit, the Zoning Map shall
be amended according to its legend to
indicate that the affected area has
conditional and limited uses, and said
amendment is to indicate the appropriate
zoning district for the approved use and
suffixed by an "s" designation.
7. In some cases, a temporary specific use
permit may be issued with the approval of the
Planning and Zoning Commission and the City
Council for a period not to exceed eighteen
52
23.1
23.2
(18) months.
renewable and
amendment to
in paragraph
use in excess
processed as
Such temporary permit is not
it may be issued without the
the zoning ordinance specified
6 above. Any desired specific
of eighteen (18) months must be
an amendment to this ordinance.
SECTION 23
OFF-STREET PARKING AND LOADING REQUIREMENTS
Purpose: To secure safety from fire, panic and
other dangers; to lessen congestion in the
streets; to facilitate the adequate provisions of
transportation; to conserve the value of
buildings; and to encourage the most appropriate
use of land, minimum off-street parking and
loading shall be provided as set forth in the
following schedules and provisions.
Special Off-Street
Residential District:
Parking
provisions
1. All required parking spaces shall be located
behind the required front setback line in the
MF district.
2. Required off-street parking shall be provided
on the same site as the use it is to serve.
3. No parking shall be allowed except on a paved
concrete or asphalt parking space or other
impervious surface.
Off-Street Loading Space - All Districts:
1. All retail, commercial and industrial
structures having three thousand (3,000)
square feet or more of gross floor area,
either in the building or lot shall provide
and maintain off-street parking facilities
for the loading and unloading of merchandise
and goods at a ratio of at least one (1)
space for each twenty thousand (20,000)
square feet of gross floor area. A loading
space shall consist of an area of a minimum
of ten (10) by twenty-five (25) feet. All
drives and approaches shall provide adequate
space and clearances to allow for the
maneuvering of trucks off-street.
2. Kindergartens, day schools and similar child
training and care establishments shall
provide paved off-street loading and
53
23.3
unloading space on a private drive to
accomodate one (1) motor vehicle for each ten
(10) students or children cared for by the
establishment.
3. Uses not listed in Schedule 23.4 shall
provide required off-street parking according
to the most similar use listed in the
schedule, as determined by the City Council.
4. Loading docks and areas shall be located
within the building or on the lot adjacent to
a public alley or private service drive.
parking Requirements Based on Use:
In all districts there shall be provided at the
time any building or structure is erected or
structurally altered, off-street parking spaces in
accordance with the following requirements:
1. Bowling alley: Six (6) parking spaces for
each alley or lane.
2. Business or professional office, (general):
One (1) space per three hundred (300) square
feet of gross floor area.
3. Church or other place of worship: One (1)
parking space for each four (4) seats in the
main auditorium.
4.
High school, college or university:
space per each three (3)
accommodated in the institution.
One (1)
students
5. Library, museum or art gallery: One (1)
parking space for each three hundred (300)
square feet of floor area.
6.
Commercial amusement:
plus one (1) space for
square feet of floor
(2000) square feet.
Thirty (30) spaces
each one hundred (100)
area over two thousand
7. Day nursery: One and one-half (1-1/2) space
space per teacher.
8. Bank, savings and loan: One (1) space for
each three hundred (300) square feet of floor
area.
9. Dwelling, single family: Two (2) spaces per
dwelling.
54
10.
Dwelling, two family:
dwelling.
One (1) space per
11.
Dwellings, multi-family:
(2-1/2) spaces per unit.
Two and one-half
12. Dwelling, single family attached: Two (2)
spaces per dwelling and an additional one-
half (l/2) space per unit for guest parking
within the development.
13. Mobile home subdivision: Two (2) spaces per
stand or lot.
14.
Furniture
wholesale
equipment
repair or
each four
area.
or appliance store, hardware store,
establishments, machinery or
sales and service, clothing or shoe
service; One (1) parking space for
hundred (400) square feet of floor
15.
Gasoline station:
spaces.
Minimum of four (4)
16.
Hospital:
each bed.
One and one-half (1.5) spaces per
17. Hotel: One (1) parking space for each (1)
sleeping room or suite plus one (1) space for
each two hundred (200) square feet of
commercial floor area contained therein.
18.
Lodge, or fraternal organization:
one-fourth (1.25) spaces per two
(200) square feet.
One and
hundred
19. Manufacturing or industrial establishment,
processing or repairing: One (1) parking
space for each two employees or one (1) space
for each one thousand (1,000) square feet of
floor area, whichever is greater.
20. Medical or dental office: One (1) space per
three hundred (300) square feet of floor
area.
21. Mini-warehouse: Four (4) per complex plus
one (1) per five thousand (5000) square feet
of storage areas.
22. Mobile home park: Three (3) spaces for each
mobile home plus additional spaces as
required herein for accessory uses.
55
23. Mortuary or funeral home: One (l) parking
space for each two (2) seats in the service
areas.
24. Motel: One (1) parking space for each
sleeping room or suite plus one (1) space for
each two hundred (200) square feet of
commercial floor area contained therein.
25. Motor-vehicle salesrooms and used car lots:
One (1) parking space for each five hundred
(500) square feet of sales floor for indoor
uses, or one (1) parking space for each one
thousand (1000) square feet of lot area for
outdoor uses.
26.
Nursing home:
beds.
One (1) space per four
(4 )
27. Private club, country club or golf club: One
parking space for each one hundred-fifty
(150) square feet of floor area or for every
five (5) members, whichever is greater.
28. Retail store or personal service
establishment, except as otherwise specified
herein: One (1) space per two hundred (200)
square feet of gross floor area.
29. Restaurant, cafe or similar recreation or
amusement establishment: One (I) parking
space for every three (3) seats under maximum
seating arrangement.
30. Rooming or boarding house: One (1) parking
space for each sleeping room.
31. Sanitarium, convalescent home, home for the
aged or similar institution: One (1) parking
space for each six (6) beds.
32.
School, elementary or junior: One
parking space for each four (4) seats in
auditorium or main assembly room and one
space for each classroom.
(1)
the
(1)
33.
Theater, auditorium (except
arena, stadium or gymnasium:
space for each three (3)
seating spaces.
school), sports
One (1) parking
seats or bench
56
23.4
23.5
34. Warehouse, wholesale, manufacturing and other
industrial type uses: One (1) space for one
thousand (1000) square feet of gross floor
area or one (1) space per two (2) employees.
35.
Golf course:
spaces.
Minimum of thirty (30) parking
Rules for Computing Number of Parking Spaces: In
computing the number of parking spaces required
for each of the above uses the following rules
shall govern:
1. "Floor Areall shall mean the gross floor area
of the specific use.
2. Where fractional spaces result, the parking
spaces required shall be constructed to be
the nearest whole number.
3. The parking space requirement for a use not
specifically mentioned herein shall be the
same as required for a use of similar nature.
4. In the case of mixed uses, the parking spaces
required shall equal the sum of the
requirements of the various uses computed
separately.
Location of parking Spaces: All parking spaces
required herein shall be located on the same lot
with the building or use served, except as follws:
1. Where an increase in the number of spaces is
required by a change or enlargement of use or
where such spaces are provided collectively
or used jointly by two (2) or more buildings
or establishments, the required spaces may be
located not to exceed three hundred (300)
feet from an institutional building served
and not to exceed three hundred (300) feet
from any other non-residential building
served.
2. Not more than fifty (50) percent of the
parking spaces required for theaters, bowling
alleys, cafes, or similar uses and not more
than eighty (80) percent of the parking
spaces required for a church or school
auditorium or similar uses may be provided
and used jointly by similar uses not normally
open, used or operated during the same hours
as those listed; provided, however, that
57
23.6
written agreement thereto is properly
executed and filed as specified below.
In any case where the required parking spaces
are not located on the same lot with the
building or use served, or where such spaces
are collectively or jointly provided and
used, a written agreement thereby assuring
their retention for such purposes, shall be
properly drawn and executed by the parties
concerned, approved as to form by the city
and executed by the parties concerned,
approved as to form by the City Attorney and
shall be filed with the application for a
building permit.
Use of Parking Spaces - All Districts: Required
off-street parking and loading spaces shall be
used only for these respective purposes and shall
not be used for storage or display of boats,
trailers, campers, motor vehicles or other goods,
materials, products for sale.
58
24.1
24.2
SECTION 24
SPECIAL AND ADDITIONAL REGULATIONS
Lot Area
1. The minimum residential lot area for the
various districts shall be in accordance with
the individual use schedule except that a lot
having less area than herein required which
was an official "lot of record" prior to the
adoption of this ordinance may be used for a
one-family dwelling and no lot existing at
the time of passage of this ordinance shall
be reduced in area below the minimum
requirements set forth in the respective
district.
2. Location of Dwellings and Buildings: Only one
(1) main building for one-family and two-
family use with permitted accessory buildings
may be located upon a lot or unplatted tract.
Every means of access shall have a minimum
width of twenty-five (25) feet. Where a lot
is used for retail and dwelling purposes,
more than one (1) main building may be
located upon the lot but only when such
buildings conform to all the open space,
parking and density requirements applicable
to the uses and districts. Whenever two or
more main buildings, or portions thereof, are
placed upon a single lot or tract and such
buildings do not face upon a public street,
the same may be permitted when the site plan
for such development is approved by the
Planning and Zoning Commission so as to
comply with the normal requirements for
platting. No space for one building shall be
computed as being the open space, yard, or
area requirements for any other dwelling or
other use.
Front Yard:
l.
On corner lots, the front
be observed along the
intersecting streets
specifically otherwise on a
yard setback shall
frontage of both
(unless shown
final plat).
2. Where the frontage on one side of a street
between two intersecting streets is divided
by two or more zoning districts, the front
yard shall comply with the requirements of
the most restrictive district for the entire
frontage.
59
3. Where a building line has been established by
a plat approved by the City Councilor by
ordinance and such line required a greater or
lesser front yard setback than is prescribed
by this ordinance for the district in which
the building line is located, the required
front yard shall comply with the building
line so established by such ordinance or plat
provided no such building line shall be less
than twenty (20) feet (except as approved by
"PD").
4. The front yard shall be measured from the
property line to the front face of the
building, covered porch, covered terrace or
attached accessory building. Eaves and roof
extensions or a porch without posts or
columns may project into the required front
yard for a distance not to exceed four (4)
feet and sub-surface structures, platforms or
slabs may not project into the front yard to
a height greater than thirty (30) inches
above the average grade of the yard.
5. Where lots have double frontage, running
through from one street to another, a
required front yard shall be provided on both
streets unless a building line for accessory
buildings has been established along one
frontage on the plat or by ordinance, in
which event only one required front yard need
be observed.
6. Visual clearance shall be provided in all
zoning districts so that no fence, wall,
architectural screen, earth mounding or
landscaping obstructs the vision of a motor
vehicle driver approaching any street, alley
or driveway intersection.
On any corner lot for which front and side
yards are required herein, no wall, fence,
structure, sign, tree, or other planting or
slope terrace or embankment may be maintained
higher than three (3) feet above the street
grade so as to cause danger or hazard to
traffic by obstructing the view of the
intersection from a point thirty (30) feet
back from the right-of-way corner.
7. Gasoline service station pump islands may not
be located nearer than eighteen (18) feet to
the front property line. An unenclosed
canopy for a gasoline filling station may
60
24.3
24.4
extend beyond the front building line but
shall never be closer than ten (10) feet to
the property line.
8. Where a future right-of-way line has been
established for future widening or opening of
a street or thoroughfare, upon which a lot
abuts, then the front or side yard shall be
measured from the future right-of-way line.
Side Yards:
1. Every part of a required side yard shall be
open and unobstructed except for accessory
buildings as permitted herein and the
ordinary projections of window sills, belt
courses, cornices and other architectural
features not to exceed twelve (12) inches
into the required side yard, and roof eaves
projecting not to exceed thirty-six (36)
inches into the required side yard.
Balconies shall not project into the required
side yard.
2. For multi-family structures in the MF and PD
Districts, a minimum side yard, or space
between adjoining buildings, shall be fifteen
(15) feet between building walls when such
walls have openings for windows and access
and ten (10) feet when no openings exist.
3. When a non-residentially zoned lot or tract
abuts upon a zoning district boundary line
dividing the lot or tract from a
residentially zoned lot or tract, a minimum
side yard of ten (10) feet shall be provided
for on the non-residential property. An
opaque wood fence or masonry wall having a
minimum height of six (6) feet above the
average grade of the residential property
shall be constructed on non-residential
property adjacent to the common side (or
rear) property line.
Rear Yards:
1. The required rear yard shall be open and
unobstructed from a point thirty (30) inches
above the average elevation of the graded
rear yard; except for accessory buildings as
permitted herein. Eaves, covered porches,
and roof extensions without structural
support in the rear yard may extend into the
rear yard a distance not to exceed four (4)
61
24.5
feet. Balconies shall not project into the
required rear yard.
Swimming Pools:
It is the purpose of these provisions to recognize
an outdoor swimming pool as a potential attractive
nuisance and to promote the safety and enjoyment
of property rights by establishing rules and
regulations governing the location and improvement
of swimming pools whether privately, publicly or
commercially owned or operated.
1. Permits and Approvals: No swimming pool shall
be constructed or used until a swimming pool
building permit and a certificate of
occupancy have been issued therefor. No
building permit and no final certificate of
occupancy shall be issued unless the proposed
sanitary facilities and water supply comply
with applicable local and State health
department regulations.
2.
Requirements: A swimming
constructed and operated when:
pool may be
a. The pool is not located in any required
front or side yard abutting a street;
b. A wall or fence, not less than six (6)
feet in height, with self-enclosing and
self-latching gates at all entrances,
completely encloses either the pool area
or the surrounding yard area;
c. All lighting of the pool is shielded or
directed to face away from adjoining
residence. If lights are not
individually shielded they shall be so
placed, or the enclosing wall or fence
shall be so designed that direct rays
from the lights shall not be visible
from adjacent properties; and
d. No broadcasting system is used for the
purpose of advertising the operation of
the pool or for the attraction of
persons to the premises. This shall not
prevent a public address system
necessary or useful to the supervision
of the pool and the safety of swimmers.
e. A swimming pool shall be no closer than
five (5) feet from any property line.
62
25.1
25.2
25.3
25.4
SECTION 25
ACCESSORY BUILDING REGULATIONS
In a residence or apartment district, an accessory
building is a subordinate building exceeding one
hundred twenty (120) square feet of floor area,
attached to or detached from the main building,
without separate bath or kitchen facilities, not
used for commercial purposes and not rented.
In other districts, an
subordinate building,
incidental to and used
the main building.
accessory building is a
the use of which is
only in conjunction with
No accessory building shall exceed twenty-five
(25) feet in height, nor shall it be greater in
height than the main structure.
Area Regulations for Accessory Buildings in
Residential and Apartment Districts:
1. Size of Yards:
a. Front Yard: Attached front accessory
building shall have a front yard not
less than the main building or as
specified in the particular district.
Detached accessory buildings shall be
located in the area defined as the rear
yard.
b. Side Yard: There shall be a side yard
not less than six (6) feet from any side
lot line, alley line, or easement line;
except that adjacent to a side street,
the side yard shall never be less than
twenty (20) feet.
c. Rear Yard: There shall be a rear yard
not less than ten (10) feet from any lot
line, alley line, or easement line.
Carports, garages, or other accessory
buildings, located within the rear
portion of a lot as heretofore described
shall not be located closer than fifteen
(15) feet to the main building nor
nearer than six (6) feet to any side lot
line.
d. Any garage constructed in a residential
or apartment district shall be set back
63
26.1
26.2
26.3
not less than twenty (20) feet from any
street or alley line on which it faces.
SECTION 26
SIGN REGULATIONS
Purpose of the Section: Provisions
identification markers to be placed
buildings are set forth herein.
identify the sign by type, permitted
zoning district in which specific type
are permitted.
for signs and
on parcels or
Standards
size, and
of signs
Advertising Sign:
l.
Definition:
primary use
advertises
limited to
which such
A sign which is usually a
of land and which promotes and
commodities or services not
being offered on the premises on
signs are located.
2. Size: Four hundred (400) square feet and
shall not be placed less than 250 feet apart
nor nearer than fifty (50) feet to any
intersection.
3. Districts: B-1, B-2 and I
Agricultural Sign:
1. Definition: An accessory sign identifying
the farm or ranch on which it is placed and
advertising the produce, crops, animals or
poultry raised or quartered thereon.
2.
Size: One hundred
shall not be placed
(200) feet apart.
(100) square
less than two
feet and
hundred
3. Districts: A,R, B-1, B-2 and I.
Apartment Sign:
l.
Definition:
identifying
contractor,
decorator or
construction
on which the
A temporary accessory sign
the property owner, architect,
engineer, landscape architect,
mortgagee engaged in the design,
or improvement of the premises
sign is located.
2. Size: Sixteen (16) square feet.
3. Districts: A, SF-I, SF-2, SF-3, 2F, SF-A,
MF, MH, R, B-1, B-2, I and PD.
64
26.6
26.7
26.8
27.1
27.2
General Business Sign:
1. Definition: An accessory sign or graphic
device which advertises only commodities or
service offered on the premises where such
signs are located and where such sign is not
of the billboard, poster panel or painted
bulletin type, but, is a sign designed
specifically for the location.
2. Size: No restriction except as hereinafter
provided.
3. Districts: R, B-1, B-2 and I.
Institutional Sign:
1. Definition: Name plates and bulletin boards
and accessory signs for identity of schools
and churches, hospitals and similar public or
quasi-public institutions.
2. Size: Sixteen (16) square feet.
3. Districts: A, SF-I, SF-2, SF-3, 2F, SF-A,
MF, MH, R, B-1, B-2, I and PD.
Name Plate:
1. Definition: An accessory sign showing only
the name and address of the owner or occupant
of the premises on which it is erected or
placed.
2. Size: Twelve (12) square feet for commercial
and four (4) square feet for residential
properties, one (1) for each platted lot or
tract street frontage.
3. Districts: A, SF-I, SF-2, SF-3, 2F, SF-A,
MF, MH, F, B-1, B-2, I and PD.
SECTION 27
PLATTING PROPERTY NOT PERMANENTLY ZONED
The Planning and Zoning Commission of the City of
Wylie 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
shall have been permanently zoned by the City
Council of the City of Wylie.
The Planning
Wylie shall
and Zoning Commission of the City of
not approve any plat or any
65
27.3
28.1
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 City Council unless and until such annexation
shall have been approved by resolution by the City
Council.
In the event the Planning and Zoning Commission
holds a hearing on proposed annexation, it may, at
its discretion at the same time hold a hearing
upon the permanent zoning that is to be given to
the area or tract to be annexed, and make a
recommendation on both matters to the City Council
so that the City Council can, if it desires, act
on the matter of permanent zoning and annexation
at the same time.
SECTION 28
CLASSIFICATION OF NEW AND UNLISTED USES
It is recognized that new types of land use will
develop and forms of land use not anticipated may
seek to locate in the City of Wylie. In order to
provide for such changes and contingencies, a
determination as to the appropriate classification
of any new or unlisted form of land use shall be
made as follows:
1. The building inspector shall refer the
question concerning any new or unlisted use
to the Planning and Zoning Commission
requesting an interpretation as to the zoning
classification into which such use should be
placed. The referral of the use
interpretation question shall be accompanied
by a statement of facts listing the nature of
the use and whether it involves dwelling
activity, sales, processing, type of product,
storage and amount, and nature thereof,
enclosed or open storage, anticipated
employment, transportation requirements, the
amount of noise, odor, fumes, dust, toxic
material and vibration likely to be generated
and the general requirements for public
utilities such as water and sanitary sewer.
2. The Planning and Zoning Commission shall
consider the nature and described performance
of the proposed use and its compatibility
with the uses permitted in the various
districts and determine the zoning district
or districts within which such use should be
permitted.
66
29.1
3. The Planning and Zoning Commission shall
transmit its findings and recommendations to
the City Council as to the classification
proposed for any new or unlisted use. The
City Council shall, by resolution, approve
the recommendation of the Planning and Zoning
Commission or make such determination
concerning the classification of such use as
is determined appropriate based upon its
findings.
4. Standards for new and unlisted uses may be
interpreted as those of a similar use. When
determination of the minimum requirements
cannot be readily ascertained, the same
process outlined in paragraphs 1,2, and 3
above shall be followed.
SECTION 29
CREATION OF BUILDING SITE
No permit for the construction of a building or
buildings upon any tract or plot shall be issued
until a building site, building tract, or building
lot has been created by compliance with one of the
following conditions:
1. The lot or tract is part of a plat of record,
properly approved by the Planning and Zoning
Commission, and filed in the Plat Records of
Collin County, Texas.
2. The plot, tract or lot faces upon a dedicated
street and was separately owned prior to the
effective date of this ordinance or prior to
annexation to the City of Wylie whichever is
applicable, in which event a building permit
for only one main building conforming to all
the requirements of this ordinance may be
issued on each such original separately owned
parcel without first complying with paragraph
1 preceding.
3. The plot or tract is all or part of a site
plan officially approved by the Planning and
Zoning Commission and compliance has been
made with provisions and improvements
approved on such site plan for all utility
and drainage easements, dedication of
streets, alleys and other public improvements
required to meet the standards established
for the platting of land.
67
4. Any and all plots, tracts or lots must be
provided access via a public street or drive.
SECTION 30
NON-CONFORMING USES AND STRUCTURES
30.1 A non-conforming status shall exist under the
following provisions of this ordinance:
1. When a use or structure which does not
conform to the regulations prescribed in the
district in which such use or structure is
located was in existance and lawfully
operating prior to the adoption of the
previous Zoning Ordinance and has been
operating since without discontinuance.
2. When on the effective date of this ordinance,
the use or structure was in existance and
lawfully constructed, located and operating
in accordance with the provisions of the
previous Zoning Ordinance or which was a
non-conforming use thereunder and which use
or structure does not now conform to the
regulations herein prescribed for the
district in which the use or structure is
located.
30.2 No non-conforming use or structure may be expanded
or increased beyond the lot or tract upon which
such non-conforming use is located as of the
effective date of this ordinance except to provide
off-street loading or off-street parking space
upon approval of the Board of Adjustment.
30.3 Repairs and normal maintenance may be made to a
non-conforming building provided that no
structural alterations or extensions shall be made
except those required by law or ordinance, unless
the building is changed to a conforming use.
30.4
Any non-conforming use
conforming use and once
use shall not thereafter
conforming use.
may be changed to a
such change is made, the
be changed back to a non-
30.5 Where a conforming use is located in a non-
conforming structure, the use may be changed to
another conforming use by securing a Certificate
of Occupancy from the Building Official.
30.6 Whenever a non-conforming use is abandoned, all
non-conforming rights shall cease and the use of
68
the premises shall thenceforth be in conformity
with this ordinance. Abandonment shall involve
the intent of the user or owner to discontinue a
non-conforming operation and the actual act of
discontinuance. Discontinuance of a business or
the vacancy of a building or premises occupied by
a non-conforming use for a period of six (6)
months shall be construed as conclusive proof of
intent to abandon the non-conforming use. Any
non-conforming use which, not involving a
permanent type of structure, is moved from the
premises shall be considered to have been
abandoned.
30.7 If a non-conforming structure or a structure
occupied by a non-conforming use is destroyed by
fire, the elements or other cause, it may not be
rebuilt except to conform to the provisions of
this ordinance. In the case of partial
destruction of a non-conforming use not exceeding
ninety (90) percent of its reasonable value,
reconstruction may be permitted after a hearing
and favorable action by the Board of Adjustment,
but the size and function of the non-conforming
use shall not be expanded.
SECTION 31
ZONING BOARD OF ADJUSTMENT
The word "Board" when used in this ordinance shall
be construed to mean the Zoning Board of
Adjustment.
31.1 Organization and Procedure:
1. Establishment: A Board of Adjustment is
hereby established in accordance with the
provisions of Article 1011g, Revised Civil
Statutes of Texas, regarding the zoning of
cities and with the powers and duties as
provided in said statutes.
2. Membership: The Board shall consist of five
citizens each to be appointed or re-appointed
by the Mayor and confirmed by the City
Council, for staggered terms of two years
respectively. Each member of the Board shall
be removable for just cause by City Council
upon written charges and after public
hearings. Vacancies shall be filled by the
City Council for the unexpired term of any
member whose term becomes vacant. The Board
shall elect its own chairman, who shall serve
for a period of two (2) years or until his
69
successor is elected. The City Council may
appoint four (4) alternate members of the
Board who shall serve in the absence of one
or more regular members when requested to do
so by the Mayor or City Manager. These
alternate members, when appointed, shall
serve for the same period as regular members
when requested to do so by the Mayor or City
Manager. These alternate members, when
appointed, shall serve for the same period as
regular members and any vacancies shall be
filled in the same manner and 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.
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 same to the Building Inspector,
all of which rules and regulations shall
operate uniformly in all cases. All of its
resolutions and orders shall be in accordance
therewith. All proceedings of the Board
shall be a public record, and all meetings
shall be open to the public.
4. Meeting: Meeting 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 (4) members of the
Board.
31.2 Appeals:
1. Procedure: Appeals may be taken to and before
the Board of Adjustment by any person
aggrieved, or by any officer, department,
board, or bureau of the city. Such appeal
shall be made and specifying the grounds
thereof. The office or department from which
the appeal is taken shall forthwith transmit
to the Board of Adjustment 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 from unless the Building Inspector
70
shall certify to the Board of Adjustment that
by reason of facts in the certificate, a stay
would, in his 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 of Adjustment or by a
court of equity, 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 matter referred to it, and
shall mail notices of such hearing to the
petitioner and to the owners of property
lying within two hundred (200) feet of any
point of the lot or portion thereof on which
a variation is desired, and to all other
persons deemed by the Board to be affected
thereby. Such owners and persons being
determined according to the current tax rolls
of the city. Depositing of such written
notice in the mail shall be deemed sufficient
compliance therewith.
4. Decision by Board: The Board shall decide
the appeal within a reasonable time. Upon
the hearing, any party may appear in person
or by agent or attorney. The Board may
reverse or affirm wholly or partly or may
modify the order, requirements, decisions or
determination as in its opinion ought to be
made in the premises and to that end, shall
have all powers of the officer or department
from whom the appeal is taken.
5. The concurring vote of four (4) members of
the board shall be necessary to revise any
order, requirement, decision or determination
of any such administrative official, or to
decide in favor of the application on any
matter upon which it is required to pass
under this ordinance or to affect any
variance in said ordinance.
31.3 Powers and Duties of Board:
1. Subpoena Witnesses, Etc: The Board shall
have the power to subpoena witnesses,
administer oaths and punish for contempt, and
may require the production of documents,
under such regulations as it may establish.
71
2. Appeals Based on Error: The Board shall have
the power to hear and decide appeals where it
is alleged there is error of law in any
order, requirements, decision or
determination made by the Building Inspector
in the enforcement of this ordinance.
a. Permit the erection and use of a
building or the use of premises for
railroads if such uses are in general
conformance with the Master Plan and
present no conflict or nuisance to
adjacent properties.
b. To permit a public utility or public
service or structure in any district, or
a public utility of public service
building of a ground area and of a
height at variance with those provided
for in the district in which such 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. To 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 non-
conforming building which has been
damaged by explosion, fire, act of God,
or the public enemy, to the extent of
more than ninety (90) percent of its
fair market value, where the Board finds
some compelling necessity requiring a
continuance of the non-conforming use
and the primary purpose of continuing
the non-conforming use is not to
continue a monopoly.
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
72
with merely granting an advantage or a
convenience.
3. Variances: An application or request for a
variance shall not be heard or granted with
regard to any parcel of property or portion
thereof 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 thereof, has not been finally acted
upon by both the Planning & Zoning Commission
and the City Council. The administrative
procedures and requirements of this
ordinance, with regard to both Planning &
Zoning Commission and City Council
consideration and action, on Concept Plans,
Detail Site Plans, Preliminary Plats and
Final Plats, must be exhuasted prior to
requesting a variance from the terms of this
ordinance.
The Board shall have the power to authorize
upon appeal in specific cases such 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 such 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 unusual
and practical difficulties or particular
hardship, such variances from the strict
application of the terms of this
ordinance as are in harmony with its
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general purpose and intent, but only
when the Board is satisfied that a
granting of such 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.
A written application for variance shall be
submitted together with a fee, accompanied by
an accurate legal description, maps, site
plans, drawings and any necessary data,
demonstrating:
a. That special conditions and
circumstances exist which are peculiar
to the land, structure or building
involved and which are not applicable to
other lands, structures, or buildings in
the same district.
b. That literal interpretation of the
provisions of this ordinance would
deprive the applicant of rights commonly
enjoyed by other properties in the same
district under the terms of this
ordinance.
c.
That the special conditions
circumstances do not result from
actions of the applicant.
and
the
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.
e. No non-conforming 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.
f. Financial hardship shall not be
considered grounds for the issuance of a
variance.
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4. Changes: The Board shall have no authority
to change any provisions of this ordinance
and its jurisdiction is limited to time. The
Board may not change the district designation
of any land either to a more restrictive or
less restrictive zone.
SECTION 32
SPECIAL DEFINITIONS
Certain words in this ordinance not heretofore
defined are defined as follows: Words used in the
present tense include the future; words in the
singular number include the plural number, and
words in the plural number include the singular
number; the word "building" includes the word
"structure"; the word "lot" includes the words
"plot" or "tract"; the word "shall" is mandatory
and not discretionary.
32.1 Accessory Building: (residential) - A subordinate
building detached from the main building and used
for purposes customarily incidental to the
residential occupancy of the main building and not
involving the conduct of a business or the sale of
a service. Accessory buildings include but are
not limited to an automobile storage garage,
laundry room, garden shelter, hobby room and
mechanical room.
32.2 Alley - A public space or thoroughfare which
affords only secondary means of access to property
abutting thereon.
32.4
Apartment House - Any building or
which is designed, built, rented,
be occupied as a home or place
three or more families living
dwelling units.
portion thereof,
leased or let to
of residence by
in independent
32.5 Area of the Lot or Building Site - The area shall
be the net area of the lot or site and shall not
include portions of streets and alleys.
32.6 Boarding or Rooming House - A building, other than
a hotel or multiple family dwelling, where lodging
is provided for five or more persons for
compensation, where meals mayor may not be served
and where facilities for food preparation are not
provided in individual rooms.
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32.7 Basement A building story which is partly
underground, but having at least one-half of its
height above the average level of the adjoining
ground. A basement shall not be counted as a
story in computing building height.
32.8 Block - An area enclosed by streets and occupied
by or intended for buildings; or if said word is
used as a term of measurement, it shall mean the
distance along a side of a street between the
nearest two streets which intersect said street on
said side.
32.9 Board - Zoning Board of Adjustment.
32.10 Building Official The Building Official or
person charged with the enforcement of the zoning
and building codes of the City of Wylie.
32.11 Buildin~ Material Sales - The sale of new building
materials and supplies indoors with related sales
for hardware, carpet, plants, electrical and
plumbing supplies all of which is oriented to the
homeowner.
32.12 Building - Any structure built for the support,
shelter and enclosure of persons, animals,
chattels or movable property of any kind. When
subdivided in a manner sufficient to prevent the
spread of fire, each portion so subdivided may be
deemed a separate building.
32.13
Building
parallel
distance
from the
erected.
Line - A line parallel
to the street line
therefrom making the
street line that a
or approximately
at a specified
minimum distance
building may be
32.14 Building Ends - Those sides of a building having
the least dimension as compared to the front or
rear of a building. As used herein for the
building spacing regulations for multiple-family
dwelling, a building end shall be interpreted as
being the most narrow side of a building
regardless of whether it fronts upon a street,
faces the rear of the lot or is adjacent to the
side lot line or another building.
32.15 City Council - The governing body of the City of
\vylie, Texas.
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32.16 Cellar - A building story with more than one-half
its height below the average level of the
adjoining ground. A cellar shall not be counted
as a story in computing building height.
32.17 Certificate of Occupancy and Compliance An
official certificate issued by the City through
the enforcing official which indicates conformance
with or approved conditional waiver from the
zoning regulations and authorizes legal use of the
premises for which it is issued.
32.18
Clinic - A
physicians,
or injured
overnight.
group of offices for
surgeons, or dentists,
out-patients who do
one or more
to treat sick
not remain
32.19 Convelescent Home - Any structure used for or
customarily occupied by persons recovering from
illness or suffering from infirmities of age.
32.20 Court - An open, unoccupied space, bounded on more
than two sides by the walls of a building. An
inner court is a court entirely surrounded by the
exterior walls of a building. An outer court is a
court having one side open to a street, alley,
yard or other permanent space.
32.21 Commercial Amusement (Indoor) An amusement
enterprise wholly enclosed and operated within an
acoustically treated building such as a bowling
alley or pool hall.
32.22 Commercial Amusement (Outdoor) An amusement
enterprise offering entertainment to general
public such as golf driving range, pitch and putt
course, archery, miniature golf and similar
outdoor activities but not including go-cart
racing, drag strips, auto racing or motorcycle
racing.
32.23 Community Center (Private) - A building or group
of rooms designed and used as an integral part of
a residential project by the tenants of such a
project for a place of meeting, recreation or
social activity and under the management and
unified control of the operators of the project.
A private community center shall not be operated
as a place of public meetings, or as a business,
nor shall the operation of such facility create
noise, odor or similar conditions perceptible
beyond the bounding property line of the project
site.
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32.24 Church or Rectory A place of assembly and
worship by a recognized religion including
synagogue, temples, churches, instruction rooms
and the place of residence for ministers, priests,
rabbis, teachers and directors on the premises.
32.25 Club, Private - A club room or suite of rooms or a
building available to restricted membership for,
meetings, dining and entertainment. Such
facilities may include a private tennis court,
swimming pool or similar recreation facilities,
none of which are available to the general public.
32.26 Clinic, Medical or Dental Facilities for
examining, consulting with and treating patients
including offices, laboratories and outpatient
facilities but not including hospital beds and
rooms for acute or chronic care.
32.27 Day Nursery, Day Camp or Kindergarten School - An
establishment where four (4) or more children are
left for care or training during the day or
portion thereof including a recreation area with
or without a building where children engage in
supervised training or recreation during daylight
hours.
32.28 Depth of Lot The mean horizontal distance
between the front and rear lot lines.
32.29 District - A section of the City of Wylie for
which the regulations governing the area, height
or use of the land and buildings are uniform.
32.30 Dwelling, One-Family - A detached building having
accommodations for and occupied by not more than
one family, or by one family and not more than two
(2) boarders and lodgers.
32.31 Dwelling. Two Family - A detached building having
separate accommodations for and occupied by not
more than two families, or by two families and not
more than two (2) boarders and lodgers.
32.32 Dwelling, Multiple-Family Any building or
portion thereof, which is designed, built, rented,
leased or let to be occupied as three or more
dwelling units or apartments or which is occupied
as a home or residence of three or more families.
32.33 Dwelling Unit A building or portion of a
building which is arranged, occupied, or intended
to be occupied as living quarters and includes
facilities for food preparation and sleeping.
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32.34 Eating Place Without Drive-In or Curb Service-
Any eating establishment, cafeteria, restaurant or
inn where food service is offered to customers not
in automobiles.
32.35 Eating Place with Drive-In or Curb Service - An
establishment offering food for sale to customers
in automobiles and parking space is provided on
premise for consumption of food in automobiles.
32.36 Farm, Ranch, Garden or Orchard - An area of five
(5) acres or more which is used for growing of
usual farm products, vegetables, fruits, trees and
grain and for the raising thereon of the usual
farm poultry and farm animals such as horses,
cattle and sheep and including the necessary
accessory uses for raising, treating and storing
products raised on the premises, not including the
commercial feeding of offal or garbage to swine or
other animals and not including any type of
agriculture or husbandry specifically prohibited
by ordinance or law.
32.37
Family - Any
as a single
members are
adoption.
number of individuals living togther
housekeeping unit, in which all
related by blood, marriage or
32.38 Floor Area - The total square feet of floor space
within the outside dimensions of a building
including each floor level, but excluding cellars,
carports or garages.
32.39 Floor Area Ratio - The ratio of total building
floor area to lot area.
32.40 Farm Accessory Building - An accessory structure
on a tract qualifying as a farm as herein defined
for storing or housing the usual projects and
animals raised or maintained on a farm, such as a
barn, poultry house, stable, machinery shed or
granary. No structure housing animals or poultry
shall be located nearer then one hundred (100)
feet to the bounding property lines of the farm
tract.
32.41 Guest House (detached) - A secondary structure on
a lot or tract containing dwelling accommodations
excluding kitchen facilities and separate utility
services or meters and intended for the temporary
occupancy by guests and not for rent or permanent
occupancy.
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32.42 Home Occupation An occupation customarily
carried on in the home by a member of the
occupant's family, being incidental to the primary
occupancy of the home as a dwelling, without the
offering, display or advertising of any commodity
or service for sale on the premises, without the
employment of any persons other than a member of
the immediate family, without the use of other
than normal domestic or household equipment or
appliances and the conduct of which does not
generate noise, odor, fumes, vibration or any
other condition visible, obnoxious or detrimental
to abutting or adjacent properties.
32.43 Height - The vertical distance of a building
measured from the average established grade at the
street line or from the average natural front yard
ground level, whichever is higher, to (1) the
highest point of the roof's surface if a flat
surface, (2) to the deck line of mansard roofs or
(3) to the mean height level between eaves and
edge for hip and gable roofs and, in any event,
excluding chimneys, cooling towers, elevator
bulkheads, penthouses, tanks, water towers, radio
towers, ornamental cupolas, domes or spires, and
parapet walls not exceeding ten (10) feet. If the
street grade has not been officially established,
ER~eay~~~~; front yard grade shall be used for a
32.44 Hospital (general acute care) An institution
where sick or injured patients are given medical
or surgical treatment intended to restore them to
health and an active life and which is licensed by
the State of Texas.
32.45 Hospital (chronic care) - An institution where
those persons suffering from generally permanent
types of illness, injury, deformity, deficiency or
age are given care and treatment on a prolonged or
permanent basis and which is licensed by the State
of Texas.
32.46 Library, Art Gallery or Museum (public) Any
institution for the loan or display of books,
objects of art or science which is sponsored by a
public or responsible quasi-public agency and
which institution is open and available to the
general public.
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32.47 Light Fabrication and Assembly Processes
Including but not limited to the manufacture of
jewelry, trimming decorations, signs and any
similar time not involving the generation of
noise, odor, vibration, dust or hazard.
32.48 Living Unit - The room or rooms occupied by a
family and must include cooking facilities.
32.49 Local Utility Line - The usual electric power,
telephone, gas, water, sewer, and drainage lines
designed and constructed by the municipality or a
franchised utility company to serve a community
with urban type services.
32.50 Lodging House - A building where lodging for five
(5) or more persons is provided for compensation.
32.51 Lot or Building Site - Land occupied or to be
occupied by a building and its accessory building,
and including such open spaces as are required
under this ordinance and having its principal
frontage upon a public street or officially
approved place.
32.52 Lot Coverage - The percentage of the total area of
a lot occupied by the base (first story or floor)
of buildings located on the lot or the area
determined as the maximum cross-sectional area of
the building.
32.53 Lot Lines - The lines bounding a lot as defined
herein.
32.54 Lot of Record A lot which is part of a
subdivision, a plat of which has been recorded in
the office of the county clerk of Collin County,
or a parcel of land, the deed for which is
recorded into the office of the county clerk of
Collin County prior to the adoption of this
ordinance.
32.55 Lot Depth - The mean distance between the front
and rear lot lines.
32.56 Lot Width - The width of a lot at the front
building lines.
32.57 Main Building - The building or buildings on a lot
which are occupied by the primary use.
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32.58 Manufactured Modular Home - "Modular Home" means a
structure or building module as defined and is
under the jurisdiction and control of the Texas
Department of Labor and Standards and it is
installed and used as a residence by a consumer,
transportable in one or more sections on a
temporary chasis or other conveyance device, and
designed to be used on a permanent foundation
system. The term includes the plumbing, heating,
air-conditioning, and electrical systems contained
in the structure. The term does not include a
mobile home as defined in the Act; nor does it
include building modules incorporating concrete or
masonry as the primary structural component.
32.59 Manufacturing Processes Uses restricted from
other zoning districts but permitted in the "I"
district under this definition are manufacturing
and industrial uses which do not emit dust, smoke,
odor, gas, fumes, or present a possible hazard
beyond the bounding property lines of the lot or
tract upon which the use or uses are located, and
which do not generate noise or vibration at the
boundary of the lot or tract which is generally
perceptible in frequency or pressure above the
ambient level of noise in the adjacent areas.
32.60 Mobile Home Park - A tract or parcel of land used
to accommodate mobile home units and accessory
structures as a semi-permanent place of residence.
a. Manufactured Mobile Home "Mobile Home"
means a structure, transportable in one or
more sections, which is eight (8) body feet
or more in width and is thirty-two (32) body
feet or more in length and which is built on
a permanent chassis designed to be used as a
dwelling with or without a permanent
foundation when connected to the required
utilities and includes the plumbing, heating,
air-conditioning and electrical systems
contained therein and is under the
jurisdiction of the Texas Department of Labor
Standards.
32.61 Motel or Hotel - A building or group of buildings
designed for and occupied as a temporary abiding
place of individuals and providing twenty (20) or
more room units with customary hotel services such
as linen, maid service, telephone and upkeep of
furniture.
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32.62 Multiple Family Dwelling - Any building or portion
thereof, which is designed, built, rented,leased
or let to be occupied as three or more dwelling
units or apartments or which is occupied as a home
or place of residence by three or more families
living in independent dwelling units.
32.63 Non-conforming Use - A building, structure or use
of land lawfully occupied at the time of the
effective date of this ordinance or amendments
thereto and which does not conform to the use
regulations of the district in which it is
situated.
32.64 Nursing Home or Residence Home for Aged - A place
of residence or care for persons suffering from
infirmities of age or illness where care is
provided on a prolonged or permanent basis. This
term shall include a convalescent home.
32.65 Occupancy - The use or intended use of the land or
buildings by proprietors or tenants.
32.66 Open Space - Area included in any side, rear or
front yard or any unoccupied space on the lot that
is open and unobstructed to the sky except for the
ordinary projections of cornices, eaves, porches
and plant material.
32.67 Parking Space - An enclosed or unenclosed concrete
or asphalt surfaced area behind front building
line of not less than one hundred eighty (180)
square feet (measuring approximately nine (9) feet
by twenty (20) feet) not on a public street or
alley, together with an all-weather surfaced
driveway connecting the area with a street or
alley permitting free ingress and egress without
encroachment on the street or alley. Any parking
adjacent to a public street shall not be
classified off-street parking in computing the
public area requirements for any use.
32.68 Planning and Zoning Commission The agency
appointed by the City Council as an advisory body
to it and which is authorized to recommend changes
in the zoning.
32.69 Plant Nursery or Greenhouse - Retail or wholesale
sales of plant materials and supplies either
enclosed in a building, lath house, or in the open
and with related storage of equipment of landscape
contracting.
83
32.70 Private Garage - An accessory building housing
vehicles owned and used by occupants of the main
building; if occupied by vehicles of others, it is
a storage space.
32.71 Private School - An academic institution other
than a public or parochial elementary or secondary
school, including private elementary and secondary
schools and institutions of higher learning.
32.72 Quick-Service Food or Beverage Shop An
establishment offering food or beverage to
customers either through an automobile pick-up
window or a walk-up window, and with eating space
provided within the building.
32.73 Radio, Television or Mico-Wave Towers - Structures
supporting antenna for transmitting or receiving
any portion of the radio spectrum but excluding
non-commercial antenna installations for home use
of radio or television.
32.74 Radio, T.V. and Appliance Repair - A shop for the
repair of household and home equipment, such as
electrical appliances, lawn mowers, tools and
similar items where all such items are stored
within a building.
32.75 Residence - Same as dwelling; also when used with
district, an area of residential regulations.
32.76 Rooming House (see Lodging House).
32.77 School, Commercial Trade or Craft - A business
operating for profit and offering instruction and
training in a trade such as welding, brick laying,
machinery operation and other similar manual
trades.
32.78 School, Public or Denominational - A school and
customary accessory uses under the sponsorship of
a public or religious agency having a curriculum
generally equivalent to public, elementary or
secondary schools, but not including private,
trade or commercial schools.
32.79 Second Hand Store, Furniture or Clothing An
establishment offering for sale used merchandise
with the storage and display of such items wholly
located inside a building or structure.
84
32.80 Sign - An outdoor advertising device that is a
structure or that is attached to or painted on a
building or that is leaned against a structure for
display on premises.
32.81
Single Family Dwelling (detached)
building located on a platted lot
building site which is designed for
by not more than one (1) family.
A detached
or separate
and occupied
32.82 Single Family Dwelling (attached) A building
located on a platted lot or separate building site
which is designed for and occupied by not more
than one (1) family and which is attached by one
or more common walles) to another similar single
family dwelling unit. An attached dwelling shall
be designed to permit separation from an adjoining
dwelling in the event either dwelling is caused to
be removed.
32.83 Stable, Commercial - A structure housing horses
which are boarded or rented to the public or any
stable other than a private stable; but not
including a sale barn, auction or similar trading
activity.
32.84 Stable (private) - An accessory building set back
from adjacent property lines a minimum distance of
one hundred (100) feet and used for quartering
horses, not to exceed one (1) horse per half acre
of the area of a farm or lot.
32.85 Story - The height between the successive floors
of a building or from the top floor to the roof.
The standard height for a story is eleven (11)
feet, six (6) inches.
32.86 Street - Any thoroughfare or public roadway, other
than an alley, which has been dedicated or deeded
to the public for public use in the movement of
motorized or pedestrian traffic in, through and
about the City.
32.87 Street Line - A dividing line between a lot, tract
or parcel of land and a contiguous street, the
right-of-way line.
32.88 Structural Alterations Any change in the
supporting member of a building, such as a bearing
wall, column, beams or girders.
32.89 Structure - (Same as Building.)
85
32.90 Studio: Art, Music, Ceramics, Drama, Speech, Dance
and Similar Skills - A building or rooms in a
building used for the instructing, coaching or
counseling in drama, speech, dance or similar
personal skills or arts.
32.91 Swimming Pool (private) A swimming pool
constructed for the exclusive use of the residents
of a single family, two-family or apartment
dwelling and located within the required side or
rear yards; however, they shall not be located
closer than five (5) feet to any property line.
32.92 Telephone Exchange, Switching and Transmitting
Equipment Only A switching or transmitting
station owned by a public utility but not
including business office facilities, storage or
repair shops or yards.
32.93 Temporary Field or Construction Office - Temporary
office buildings and temporary building material
storage areas to be used solely for construction
purposes in connection with the property on which
they are erected may be permitted for a specified
period of time in accordance with a permit issued
by the Building Official.
32.94 Thoroughfare - (Same as Street.)
32.95
Two Family
located on
for and
families.
Dwelling - A single detached building
a platted lot or building site designed
occupied by not more than two (2)
32.96 Yard - An open space, other than a court, on the
lot in which a building is situated and which is
not obstructed from a point forty (40) inches
above the general ground level of the graded lot
to the sky, except as provided for roof overhang
and similar special architectural features and
plant material.
32.97 Yard, front - An open, unoccupied space on a lot
facing a street extending across the front of a
lot between the side lot lines and from the main
building to the front lot or street line with the
minimum horizontal distance between the street
line and the main building line as specified for
the district in which it is located.
86
32.98 Yard, rear - An open, unoccupied space, except for
accessory buildings as herein permitted, extending
across the rear of a lot from one side lot line to
the other side lot line and having a depth between
the building and the rear lot line as specified in
the district in which the lot is situated.
32.99 Yard, side - An open, unoccupied space or spaces
on one side or two sides of a main building and on
the same lot with the building, situated between
the building and a side line of the lot and
extending through from the front yard to the rear
yard. Any lot line, not the rear line or a front
line, shall be deemed a side line.
32.100 Variance - An adjustment in the application of the
specific regulations of the Zoning Ordinance to a
particular parcel of property which, because of
special conditions or circumstances peculiar to
the particular parcel, is necessary to prevent the
property from being deprived of rights and
priveleges enjoyed by other parcels in the same
vicinity and zoning district.
32.101 Zoning District MaQ - The official certified map
upon which the boundaries of the various zoning
districts are drawn and which is an integral part
of the Zoning Ordinance.
SECTION 33
CERTIFICATES OF OCCUPANCY AND COMPLIANCE
33.1 Certificates of Occupancy shall be required for
any of the following:
1. Occupancy and use of a building hereafter
erected or structurally altered.
2. Change in use of an existing building to a
use of a different classification.
3.
Occupancy and use of vacant land,
agricultural use.
except
4. Change in the use of land to a use of a
different classification.
5. Any change in the use of a non-conforming
use.
No such use, or change of use, shall take place
until a Certificate of Occupancy therefore shall
have been issued by the Inspector of Buildings.
87
33.2 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 such
building. Said certificate shall be issued within
ten (10) days after a written request for the same
has been made to said Building Inspector or his
agent after the erection or alteration of such
building or part thereof has been completed in
conformity with the provisions of this ordinance.
33.3 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
non-conforming use, as herein provided, shall be
made to said Building Inspector. If the proposed
use is in conformity with the provisions of this
ordinance, the Certificate of Occupancy therefore
shall be issued within ten (10) days after the
application for same has been made.
33.4 Contents: Every Certificate of Occupancy shall
state that the building or the proposed use of a
building or land complies with all provisions of
the building and fire laws and ordinances. A
record of all Certificates of Occupancy shall be
kept on file in the office of the Building
Inspector or his agent and copies shall be
furnished on request to any person having
proprietary or tenancy interest in the building or
land affected.
33.5 Temporary Certificate: Pending the issuance of a
regular certificate, a temporary Certificate of
Occupancy may be issued by the Building Inspector
for a period not exceeding six (6) months, during
the completion of alterations or during partial
occupancy of a building pending its completion.
Such 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.
88
33.6 Certificates for Non-conforming Uses: A
Certificate of Occupancy shall be required for all
lawful non-conforming uses of land or buildings
created by adoption of this ordinance.
Application for such Certificate of Occupancy for
a non-conforming use shall be filed with the
Building Inspector by the owner or lessee of the
building or land occupied by such non-conforming
use within one (1) year of the effective date of
this ordinance. It shall be the duty of the
Building Inspector to issue a Certificate of
Occupancy for a lawful non-conforming use, but
failure to apply for such Certificate of Occupancy
for a non-conforming use shall be evidence that
said non-conforming use was either illegal or did
not lawfully exist at the effective date of this
ordinance.
SECTION 34
CHANGES AND AMENDMENTS TO ALL ZONING ORDINANCES
AND DISTRICTS AND ADMINISTRATIVE PROCEDURES
34.1 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.
3. To recognize changes in technology, the style
of living, or manner of doing business.
34.2 Authority to Amend Ordinance: The City Council
may from time to time, after receiving a final
report thereon by the Planning and Zoning
Commission and after public hearings required by
law, amend, supplement, or change the regulations
herein provided or the boundaries of the zoning
districts. Any amendment, supplement, or change
to the text of the Zoning Ordinance may be ordered
for consideration by the City Council, be
initiated by the Planning and Zoning Commission,
or be requested by the owner of real property or
the authorized representative of an owner of real
property.
89
34.3 Public Hearing and Notice: Prior to making its
report to the City Council, the Planning and
Zoning 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, or to the person rendering the same for
city taxes, located within the area of application
and within two hundred (200) feet of any property
affected thereby, within not less than ten (10)
days before such hearing is held. Such notice may
be served by using the last known address as
listed on the city tax roll 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 fifteen (15) days
prior thereto in the official newspaper of the
City. Notices for the public hearing before the
City Council will also be published at the same
time notice of the Planning and Zoning Commission
meeting is published.
34.4 Commission Consideration and Report: The Planning
and Zoning 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 Planning and Zoning Commission may
defer its report for not more than ninety (90)
days until it has had opportunity to consider
other proposed changes which may have a direct
bearing thereon. In making its determination, the
Planning and Zoning Commission shall consider the
following factors:
1. Whether the uses permitted by the proposed
change will be appropriate in the immediate
area concerned and their relationship to the
general area and the City as a whole.
2. Whether the proposed change is in accord with
any existing or proposed plans for providing
public schools, streets, water supply,
sanitary sewers and other utilities to the
area 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 any
special circumstances which may make a
substantial part of such vacant land
unavailable for development.
90
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 such designation for
other areas should be modified also.
6.
factors which will substantially
health, safety, morals or general
Any other
affect the
welfare.
34.5 Council Consideration
1. Proposal Recommended for Approval: every
proposal which is recommended favorable by
the Planning and Zoning Commission shall be
forwarded to the Council for setting and
holding of public hearing thereon. No
change, however, shall become effective until
after the adoption of an ordinance for same
and its publication as required by law.
2. Proposal Recommended for Denial: When the
Planning and Zoning Commission determines
that a proposal should be denied, it shall so
report and recommend to the Council and
notify the applicant. When a proposed zoning
request is heard by the City Council that has
been denied by the Planning and Zoning
Commission, a three-fourths (3/4) majority
vote by the City Council shall be required
for approval. A request which has been
denied by the Planning and Zoning Commission
and/or City Council may be resubmitted at any
time for reconsideration by the City (a new
filing fee must accompany the request). The
Planning and Zoning Commission and/or City
Council may deny any request with prejudice.
If a request has been denied with prejudice
the request may not be resubmitted to the
City for one (1) year from the original date
of denial.
91
3. Council Hearing and Notice: Notice of City
Council hearing shall be given by publication
at the same time notice is given for the
Planning and Zoning Commission public hearing
in the official newspaper of the city,
stating the time and place of such hearing,
which shall be at least fifteen (15) days
after the date of publication.
4. Three-Fourths Vote: A favorable vote of
three-fourths (3/4) of all members of the
City Council shall be required to approve any
change in zoning when written objections are
received which comply with the provisions of
the state laws commonly referred to as the
"twenty percent (20%) rule". If a protest
against such proposed amendment, supplement
or change has been filed with the City
Secretary, duly signed and acknowledged by
the owners of twenty (20) percent or more,
either of the area of the lots included in
such a proposed change or those immediately
adjacent to the area thereof extending two
hundred (200) feet therefrom or of those
directly opposite thereto extending two
hundred (200) feet from the street frontage
of such opposite lots, such amendments shall
not become effective except by a three-
fourths (3/4) vote of the City Council.
34.6 Final Approval and Ordinance Adoption: Upon
approval of the zoning request by the City
Council, the applicant shall submit a metes and
bounds description to the City within thirty (30)
days for the preparation of the amending
ordinance. The amending ordinance shall be
approved within six (6) months, the zoning
request, at the option of the City Council may be
recalled for a new public hearing.
92
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SECTION 35
TRANSITIONAL PROVISIONS
35.1 All areas within the City that were designated as
SF-2 zoning prior to the adoption of this
ordinance will henceforth be redesignated as SF-3.
35.2 All areas within the City that were designated as
SF-l prior to the adoption of this ordinance will
henceforth be designated as SF-2.
35.3 All areas within the City that are in actuality
deemed to be classified as townhomes and
designated as MF zoning prior to the adoption of
this ordinance will henceforth be redesignated as
SF-A zoning, which zoning designation is reserved,
in this Ordinance, for townhomes as described in
Section 13 "SF-A" Single Family Attached
Townhouse.
SECTION 36
PRESERVING RIGHTS IN PENDING LITIGATION AND
VIOLATIONS UNDER EXISTING ORDINANCES
36.1 By the passage of this ordinance, no presently
illegal use shall be deemed to have been legalized
unless specifcally such use falls within a use
district where the actual use is a conforming use.
Otherwise, such uses shall remain non-conforming
uses where recognized, or an illegal use, as the
case may be. It is further the intent and
declared purpose of this ordinance that no offense
committed, and no liability, penalty or
forfeiture, either civil or criminal, incurred
prior to the time the existing zoning ordinance
was repealed and this Zoning Ordinance adopted,
shall be discharged or affected by such repeal;
but prosecutions and suits for such offenses,
liabilities, penalties, or forfeitures may be
instituted or causes presently pending proceeded
with in all respects as if such prior ordinance
had not been repealed.
SECTION 37
PENALTY FOR VIOLATIONS
37.1 Any person or corporation violating any of the
provisions of this ordinance, shall upon
conviction, be fined an amount not to exceed the
maximum established by State law, and each and
every day that the provisions of this ordinance
are violated shall constitute a separate and
distinct offense. In addition to the said penalty
93
provided for, the right is hereby conferred and
extended upon any property owner owning property
in any district, where such property owner may be
affected or invaded, by a violation of the terms
of the ordinance, to bring suit in such court or
courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in
the protection of the rights of such property
owners.
SECTION 38
VALIDITY
38.1 If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be
adjudged invalid or held unconstitutional, by a
court of competent jurisdiction, the same shall
not affect the validity of this ordinance as a
whole or any part or provision thereof other than
the part so dedicded to be invalid or
unconstitutional.
APPROVED AS TO FORM:
PASSED AND ENROLLED:
li!JILDAY of f)U/., 1985
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ATTEST:
94
THE WYLIE NEWS
P. O. BOX 368
WYLIE, TEXAS 750t8
STATE OF TEXAS ~
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally
appeared Truet-t Smitb, of the Wylie News, a newspaper regularly
published in Collin County, Texas and having general circulation
in Collin County, Texas who being by me duly sworn deposed and
says that the forgoing attached CITY OF WYLIE -
Public Hearing amend soning Ordinance No 85-23A
was published in said newspaper on the following dates to wit:
,Tnnp. 13
,1990 and
, 1990.
~4~
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SUbscrib~o~ to before me this the .
day of ___ ,1990 to certify which witness my
hand and seal of office.
~~
Margaret Cook
Notary Public in and for the
State of Texas
My Commission expires 9-12-93
Serving Wideawake Wylie Since 1947
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'Lj1
F The City of Wylie City \
:Council will conduct a Public
..1Hearing on Tuesday, June 26,
~990 p.m. in the Council
thambers of Municipal Com-
~\iex. The purpose of this
publi::; he~r~ng is to amend
the Zoning Ordinance No.
,85-23A by adding a new zon-
"ng classification - "Profes-
/;.eionaJ Offiee".
\..:.................. Caroh'n .10nes. I.
:~ City Sec,eWry )
"~/
JOB OPPORTUNITY
,"l ANNOUNCEMENT
Receptionist - The City of
~:Wylie is accepting applica'
" tions for the position of
"Receptionist. Responsible for
; operations of a switchboard,
"'~ providing information to the
"pu bUc. performance of
'outine clerical work and
C receiving visitors.
Minimtml Required
Qualifications - High School
:: diploma or equivalent.
!:<~xperience - At least one year
;; on switchboard.
,."",'
'" Skill - Operation of a manual
';' switchboard, route calls and
:~: visitors to correct depart-
:,';'ment.
.,'''~
:- Ability . Speak and com-
'.:; prehend standard business
';':oriented English. Determine
;:;: reasons for calls and screen
,,; visitors.
~;:Salary Range . $12,043 to
.~. $17,078. Annually depending
-:::,(In qualifications and ex-
:;;;. perience.
'/fi,'
~::Closing Date - Friday, June
:22, 1990 at 4:00 P.M.
,lilt',
~: Apply at City of Wylie Per-
~'sQnne] Department, 2000
;tHighwe.y 78 North, Wylie,
:Texas 75098 between 8:00
i,A.M. and 5:00 P.M.
l The City of Wylie is an
,,!::Equal Opportunity
=- Employer.
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Phfqo
1ll~c'y
442-5525
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Plan ts 'n
Things
442-1089
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