Ordinance 1987-03
OHD I NANCE NO. __"..8.:""~"_3
AN OHDINANCE ESTABLISHING DEVELOPMENT PERFORMANCE STANDARDS
FOR MULTI-STORY MULTI-UNIT STRUCTURES; PROVIDING
DEFINITIONS; STATING THE PURPOSE; PROVIDING STANDARDS FOR
DEVELOPMENT; PROVIDING AN PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THr:.iT:
$~GIIQN_!~ This ordinance shall be known as the M~!ii=
$iQr~_MY!ii=Unii_P~~~!QQm~ni_P~rfQrm~n~~_$i~n~~r~~ of the
City of Wylie, Texas.
$~GI!QN_g~ This ordinance shall apply to all multi-story
multi-unit structures constructed after the effective date
of this ordinance.
$~GI!QN_~~ DEFINITIONS: The following words and phrases
when used in this ordinance shall have the meanings
respectively ascribed to them in this section:
(a) Condominium Project-Condominium Project means a
real estate condomimium project; a plan or project whereby
four (4) or more apartments, rooms in existing or proposed
buildings or structures are offered or proposed to be
offered for sale.
(b) Dwelling Unit-Shall be construed to mean one (1)
room, or rooms within the same structure connected together,
COl'"lst it ut i l'"11] a s~:?pal"'at e, independent housE?keep i l'"19
establishment including kitchen facilities for owner
occupant or rental, or lease on a daily, weekly, monthly or
longer basis, and physically separated from any other rooms
or dwelling units which may be in the same structure.
(c) Density-The quanity or number or units per ground
al"'E?a.
(d) Bedroom Unit-Any room in a dwelling unit in which
fixtures or furnishings are provided for sleeping. This
shall not be interpreted to include a room in which
furniture such as fold-down beds or convertible couches is
provided on a permanent basis for regular accommodation or
residents, temporary or otherwise. This shall include
single rental rooms in a motel or hotel.
(e) Multi-Story-A structure three (3) or more stories
1l'"1 h€':!ight.
(f) Planned Unit Development-A development that
complys with all provisions of the planned unit development
section of the Comprehensive Zoning Ordinance of the City of
Wyl ie.
(g) Fire Protection-Residential t1re protection as
described in National Fire Protection Association
Publication 13-D.
(h) Motel-Hotel-Any establishment whose primary
function is to provide a bedroom unit for patrons on a
t empot'at'y basi s.
(i) Open-Space-Open land area reserved in perpetuity
and maintained in accordance with City Ordinances. The term
"DpE'!n SpacE~" a~:" 1."1~5ec:l in thi!::; ot'c:Iinanc€-? dOF~s l'"IOt irlcludE?
vehicular parking areas or adjacent roadways. Swimming
Pools, tennis courts and other areas designed and designated
f:Ur-' pf.?c:le~::::t: t' i al'"l act i v i t Y can bE~ cons; i c1€-?t"'ed 1/ Op€-?"i'"1 !;.:;pace 1/.
$~GIIQN_~~ PURPOSE-The construction of multi-story, multi-
unit structures for full time or temporary living
accommoclations can result in increased density, greater
ti"'affic volume, 10~::;~5 of: opE:~"n space and ~5evet'ely tax public
services provided by the city.
Guiding c:Ievelopment to abide by public standarc:ls established
by the City of Wylie ensures the protection of the general
public health, welfare, and safety and encourages the
orderly c:Ievelopment of the City as a whole.
$~GI!QN_~~ STANDARDS FOR DEVELOPMENT-All multi-story,
multi-family, motel-hotel structures constructed after the
effective c:Iate of this ordinance shall meet the following
performance stanc:lards:
(a) Provide parking spaces, a minimum of nine (9)
fef.?t t-Jide by E'i!]htE?en (18) ff?et lonq, in pt'OPOt't ion to the
number of bedroom units contained in the total development,
i:\S follows:
(i) A minimum of 1.5 spaces for the
first bedroom unit contained in each dwelling unit, and
!:;pace
unit,
fot"
alrld
the
(ii) A mimirnurfl ()f one (1) additil'"lal
second bec:lroom unit contained in each dwelling
(iii) A minimum of one half (.5)
adc:litional space for each bedroom in dwelling unit that
contains three (3) or more bedroom units with a maximum of
three (3) parking spaces required for any dwelling unit.
(b) Provide a maximum of 28 c1welling units or 70
bedroom units per acre on the property of the proposed
d ~'?VE~ 1 0 pnH:"?lrlt .
(c) The minimum dwelling unit shall be 900 square
"f e~"':!t .
(c:I) All construction of multi-story multi-family
condominiums shall be in an area zoned planned unit
d ev€~ 1 0 pment .
(e) Protective covenants shall be filed with the
request for planned unit c:Ievelopment zoning.
(f) Set Back Requirements-Any structure up to and
incluc:ling four (4) stories in height must provide a minimum
total side yard of forty feet (40'). Minimum required side
yard on one sicle of the structure is twenty feet (20'). Any
structure above four (4) stories up to and including 8
stories in height must provicle a minimum total side yard of
eighty feet (80'). Minimum required side yard on one side
of the structure is forty feet (40').
Any stucture beyond 8 stories in height shall provide an
additional 5 feet of side yard for each 2 stories in excess
of a !;:;toy""i€-?s..
(g) Open-Space-Provide and maintain in accordance
with city ordinances specifiecl herin minimum of forty
percent (40%) of the property in the development as reservecl
OP€-?l'"1 Spc\CE?
(h) An mul1t-story multi-unit structure shall be fire
protected as per National Fire Protection Association
Publication 13-D.
$~GI!QN_~~ PENALTY-Any person, firM corporation or other
entity who is found guilty of violating the terms of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction of any such violation, shall be subject to a fine
not to exceed the aMount permitted by State Law.
$~GI!QN_Z~ SEVERABILITY-It is hereby declared to be the
intention of the City Council that the sect10ns, paragraphs,
sentences, clauses and phrases of this ordinance are
severable and if any phrase, clause, sentence, or section of
this ordinance shall be declared unconstitutional or invalicl
by any judgement or decree of a court of competent
.juriscliction, such unconstitutionality or invalidity shall
not affect any other remaining phrase, clause, sentence,
paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions
even though it had known the affected parts would be held
unconstitutional.
$~GI!QN_~~ PUBLICATION-The caption of this ordinance shall
be published one time in a newspaper of general distribution
in the City of Wylie.
$~GI!QN_~~ EFFECTIVE DATE-This ordinance shall become
effective upon its publication in a newspaper of general
ci'r'culat ion.
PASSLE A~m (-)PPF~DVFD BY THE CITY CDUNCIL O~~""_~YLIE, TFX~=1S THIF:l
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THE WYLIE NEWS
P. O. BOX "8
WYLIE, TUAI 7"*
STATE OF TEXAS J..
COUNTY OF COLLIN Q
b~rore me, the undersigned authority, on this day personally
appeared Scott Dorsey, of the Wylie News, a newspaper
j't'gul::ir'ly published in Collin County, Texas and having general
circulat.ion 1n Collin County, Texas who being by me duly sworn
deposed and says t~at the forgoing attached
Ordinance No. 87 - 3
was published in said newspaper on the following dates to wit:
.T81'l1l8Y'Y 21
, 1987 and
, '1987 .
Subscribed and sworn to before me this the
day of j.-dr
)tJ'-fJ~
,3d
, 1987 to certify which witness my
hand and seal of office.
M~~~ (J~
Notary Public in and for the
State of Texas
My Commission expires
9-12-89
Bertling Wideawale Wylie Since 1941
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1 ~)81
('huck 'I'rirnhll'. '\1;1\ or
ATTEST:
Carolyn .lolH's.
Ci ty Secrdary